WSR 06-09-053

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-75 -- Filed April 14, 2006, 4:16 p.m. , effective May 1, 2006 ]


Effective Date of Rule: May 1, 2006.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900T; 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: Broodstock sturgeon staging just downstream from John Day Dam to spawn require increased protection from adverse impacts resulting from excess handling in the recreational fishery, including stress induced reproductive failure and mortality. The current assessment of the white sturgeon population in The Dalles Pool identified a substantial reduction in the number of legal-size fish. The need for the sanctuary was discussed with tribal comanagers in February. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 14, 2006.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-61900T   Exceptions to statewide rules -- Columbia River sturgeon.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. May 1 through July 31, 2006, it is unlawful to fish for or possess sturgeon in those waters of the Columbia River upstream from a line crossing the Columbia at a right angle to the thread of the river from the west end of the grain silo at Rufus, Oregon to the John Day Dam.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 1, 2006:


WAC 232-28-61900T Exceptions to statewide rules -- Columbia River sturgeon.

Washington State Code Reviser's Office