WSR 07-20-054

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-236 -- Filed September 27, 2007, 1:00 p.m. , effective October 1, 2007, 12:01 a.m. ]


Effective Date of Rule: October 1, 2007, 12:01 a.m.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900N and 232-28-61900C; 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: This regulation provides additional opportunity for sturgeon retention in the Columbia River and tributaries above the Wauna power lines. Significant numbers of harvestable sturgeon remain on the guideline for this area. Regulation is consistent with results of the September 26, 2007, joint state hearing on this issue and conforms Washington and Oregon rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 27, 2007.

Phil Anderson

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900C   Exceptions to statewide rules -- Columbia River sturgeon.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. October 1, 2007 through December 31, 2007, in those waters of the Columbia River and tributaries from the Wauna power lines upstream to Bonneville Dam, it shall be lawful to retain white sturgeon 7 days per week.

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REPEALER

The following section of the Washington Administrative Code is repealed, effective 12:01 a.m. October 1, 2007:

WAC 232-28-61900N Exceptions to statewide rules -- Columbia River sturgeon (07-179)

The following section of the Washington Administrative Code is repealed, effective 12:01 a.m. January 1, 2008:

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

Washington State Code Reviser's Office