WSR 12-16-052

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-158 -- Filed July 27, 2012, 4:08 p.m. , effective July 27, 2012, 4:08 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend recreational fishing rules.

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

Statutory Authority for Adoption: RCW 77.12.045, 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: Extends the ongoing white sturgeon retention season in The Dalles Pool. Harvestable fish remain within the guideline for the area. Daily retention will continue through August 4 and then shift to a days-per-week format beginning August 5, 2012. This will allow for adequate monitoring of the fishery. Conforms Washington state rules with Oregon state rules. Regulation is consistent with compact action of June 28 and July 26, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 27, 2012.

Lori Preuss

for 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 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 daily August 1 through August 4, 2012, and Thursdays, Fridays and Saturdays beginning August 5, 2012, until further notice:

a. It is permissible to retain legal-size white sturgeon caught in those waters of the Columbia River and tributaries from The Dalles Dam upstream to John Day Dam.

b. Daily possession limit: one white sturgeon.

c. Allowable size limit: 43-54 inches in fork length.

(4) 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.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900P Exceptions to statewide rules -- Columbia River sturgeon. (12-129)

Washington State Code Reviser's Office