WSR 12-14-066

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-129 -- Filed June 29, 2012, 12:38 p.m. , effective June 29, 2012, 12:38 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend recreational fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900K; 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 estuary sturgeon fishery was originally scheduled to continue through July 8. Angling effort and catch have exceeded expectations, and the catch guideline of white sturgeon is projected to be reached by July 4, 2012. Sturgeon sanctuary: The current language for the sturgeon angling closure below Bonneville Dam during May 1-August 31 references the "upstream exposed end of Skamania Island." Due to high flows over the past few years, Skamania Island has eroded and is no longer an accurate reference point. The updated language provides reference to existing markers on both sides' shores and removes the reference to Skamania Island. Conforms Washington state rules with Oregon state rules. Regulation is consistent with compact action of June 28, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 29, 2012.

Philip Anderson

Director


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

(1) Effective immediately through August 31, 2012, it is unlawful to fish for sturgeon from Bonneville Dam downstream 9 miles to a line crossing the Columbia River from navigation marker 82 on the Oregon shore, westerly to the boundary marker on the Washington shore upstream of Fir Point.

(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.

(3) Effective immediately 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.

(4) Effective July 5, 2012, it is unlawful 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.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900K Exceptions to statewide rules--Columbia River sturgeon. (12-76)

Washington State Code Reviser's Office