WSR 13-02-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-291 -- Filed December 21, 2012, 4:38 p.m. , effective January 1, 2013 ]


     Effective Date of Rule: January 1, 2013.

     Purpose: Amend recreational fishing rules.

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

     Statutory Authority for Adoption: RCW 77.15.045, 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: Establishes the winter-period white sturgeon retention season in Bonneville Reservoir. Fishery managers determined that closing the fishery to sturgeon retention February 11 will reserve about eight hundred fifty fish for a summer retention season. Conforms Washington state rules with Oregon state rules. Regulation is consistent with joint Washington-Oregon action of December 18, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 21, 2012.

Lisa M. Veneroso

for Philip Anderson

Director


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

     (1) Effective immediately through December 31, 2012, it is unlawful to retain white sturgeon caught in those waters of the Columbia River from the mouth upstream to Bonneville Dam, and all adjacent Washington tributaries.

     (2) Effective January 1 through February 10, 2013, it is permissible to retain legal-size white sturgeon caught in those waters of the Columbia River and tributaries from Bonneville Dam upstream to The Dalles Dam.

     (3) Effective 12:01 a.m. February 11, 2013, 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.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900X Exceptions to statewide rules--Columbia River sturgeon. (12-255)