WSR 05-15-099

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-149 -- Filed July 15, 2005, 2:31 p.m. , effective July 15, 2005 ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900H; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: It is anticipated that 13,730 sturgeon will be harvested by the current estuary sturgeon retention fishery which was scheduled to close July 18, leaving 4,070 sturgeon remaining from the 17,800 fish annual harvest guideline. The adopted fishery extension for the mainstem Columbia River downstream of the Wauna powerlines and for Deep River is expected to result in a catch that remains within the harvest guideline set forth in the joint state management plan concerning lower Columbia River sturgeon management and fisheries. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 15, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900K   Exceptions to statewide rules -- Sturgeon, Columbia and Deep rivers.   Notwithstanding the provisions of WAC 232-28-619:

(1) Columbia River

(a)

- Effective 12:01 a.m. July 15, 2005 through August 15, 2005, it is lawful to retain sturgeon caught in those waters of the Columbia River downstream of the Wauna powerline crossing at RM 40,

- Effective 12:01 a.m. August 16, 2005, until further notice, it is unlawful to retain sturgeon caught in those waters of the Columbia River downstream of the Wauna powerline crossing at RM 40,

(b) Effective immediately until further notice, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from Bonneville Dam upstream to McNary Dam,

(2) Deep River -

- Effective 12:01 a.m. July 15, 2005 through August 15, 2005, it is lawful to retain sturgeon caught in those waters of the Deep River,

- Effective 12:01 a.m. August 16, 2005, until further notice, it is unlawful to retain sturgeon caught in those waters of the Deep River.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 15, 2005:


WAC 232-28-61900H Exceptions to statewide rules -- Sturgeon, Columbia and Deep rivers. (05-135)

Washington State Code Reviser's Office