WSR 06-02-025

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-286 -- Filed December 23, 2005, 2:14 p.m. , effective January 1, 2006 ]


     Effective Date of Rule: January 1, 2006.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900F; and amending WAC 220-56-282 and 232-28-619.

     Statutory Authority for Adoption: RCW 77.12.240.

     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: This rule modifies the minimum size limit for sturgeon for the Columbia River and tributaries below the Wauna powerlines during January-April 2006 and is consistent with decisions of the Columbia River joint state hearing of December 15, 2005. The regulation is consistent with Washington fish and wildlife commission guidance for 2006-2008 sturgeon fishery management and maintains concurrent regulations between Washington and Oregon. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 23, 2005.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-28200J   Sturgeon -- Areas, seasons, limits and unlawful acts.   Notwithstanding the provisions of WAC 220-56-282 and WAC 232-28-619, effective January 1, 2006 until further notice, the minimum size limit for sturgeon retention is 42 inches in the Columbia River and tributaries from the Wauna powerlines downstream to the Columbia River mouth.

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NEW SECTION
WAC 232-28-61900F   Exceptions to statewide rules -- Columbia River (sturgeon).   Not withstanding the provisions of WAC 232-28-619, effective 12:01 a.m. January 1, 2006 through January 31, 2006, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from the Wauna powerlines upstream to Bonneville Dam, except on Thursdays, Fridays and Saturdays.

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REPEALER


     The following section of the Washington Administrative Code is repealed effective February 1, 2006:


WAC 232-28-61900F Exceptions to statewide rules -- Columbia River (sturgeon)