WSR 14-07-014 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-46—Filed March 6, 2014, 3:25 p.m., effective March 7, 2014] Effective Date of Rule: March 7, 2014.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900G; and amending WAC 220-310-200.
Statutory Authority for Adoption: RCW 77.04.020, 77.12.045, and 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: Establishes a third white sturgeon retention period in Bonneville Reservoir. Harvest during the first two retention seasons in January and early February was less than expected, leaving around three hundred fifty fish available for harvest during this season extension. Fishery managers have reserved about half of the one thousand one hundred fish total guideline for a summer retention season. Regulation is consistent with joint Washington-Oregon action of February 20, 2014. Conforms Washington state rules with Oregon state rules. Recent changes to rules repealed WAC 232-28-619 and split the rule into new WAC sections. Changes to WAC 232-28-619 were needed because the rule was too long, not clearly written or structured. The public will be able to locate and understand requirements more easily because the requirements will be better organized and clearly structured. This emergency rule is to ensure previously adopted emergency rules provisions remain effective. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 6, 2014.
Philip Anderson
Director
NEW SECTION
WAC 200-310-20000C Exceptions to statewide rules—Columbia River sturgeon.
Notwithstanding the provisions of WAC 232-28-619:
(1) Effective immediately through March 9, 2014, it is permissible to retain white sturgeon between 38-inches minimum and 54-inches maximum fork length caught in those waters of the Columbia River and tributaries from Bonneville Dam upstream to The Dalles Dam.
(2) Effective 12:01 a.m. March 10, 2014, 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. Catch and release is permissible.
REPEALER
The following section of the Washington Administrative Code is repealed:
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