WSR 09-09-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-47 -- Filed April 3, 2009, 2:29 p.m. , effective April 13, 2009, 12:01 a.m. ]


     Effective Date of Rule: April 13, 2009, 12:01 a.m.

     Purpose: Amend fishing rules.

     Citation of Existing Rules Affected by this Order: 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: The closure dates for retention of sturgeon were adopted because Washington and Oregon fish managers estimate the harvest guideline of three hundred fish will be caught by April 19, 2009, between The Dalles Dam and John Day Dam and the harvest guideline of one hundred sixty-five fish will be caught by April 13, 2009, from John Day Dam to McNary Dam. There is insufficient time to adopt 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 3, 2009.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900K   Exceptions to statewide rules -- Columbia River sturgeon.   Notwithstanding the provisions of WAC 232-28-619:

     (1) Effective 12:01 a.m. April 19. 2009, until further notice, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from The Dalles Dam upstream to the John Day Dam.

     (2) Effective 12:01 a.m. April 13, 2009, until further notice, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from John Day Dam upstream to McNary Dam.

[]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

© Washington State Code Reviser's Office