WSR 12-10-074

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-76 -- Filed May 1, 2012, 3:30 p.m. , effective May 1, 2012, 3:30 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend recreational fishing rules.

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

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 date for retention of sturgeon in John Day Pool was adopted because Washington and Oregon fish managers estimate that the harvest guideline of five hundred fish will be reached on May 20, 2012. The Bonneville Pool harvest guideline of two thousand white sturgeon was not reached during the regular season, which closed February 18, 2012. A balance of one thousand sixty fish remains on the guideline. This action sets additional fishing time to catch the remaining balance. The dates for retention of white sturgeon are based on actions adopted at the joint Washington-Oregon public hearing on April 30, 2012. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 1, 2012.

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 May 12 through July 8, 2012, it is permissible to retain white sturgeon caught in those waters of the Columbia River from the mouth upstream to the Wauna powerlines, and all adjacent Washington tributaries. Minimum size when open to retain white sturgeon in this area is 41 inches fork length.

(2) 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 The Dalles Dam, except a person may retain white sturgeon June 15, June 16, June 22, and June 23, 2012.

(3) Effective 12:01 a.m. May 21, 2012, 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.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900Q Exceptions to statewide rules -- Columbia River sturgeon. (12-56)

Washington State Code Reviser's Office