WSR 15-11-027
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 15-119—Filed May 12, 2015, 1:36 p.m., effective May 12, 2015, 1:36 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-20000D; and amending WAC 220-310-200.
Statutory Authority for Adoption: RCW 77.04.012, 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: Closes The Dalles Pool and adjacent tributaries for the retention of white sturgeon. The harvest guideline of one hundred fish is expected to be reached. The summer-period white sturgeon retention season in Bonneville Reservoir remain in place. Catch and release is allowed during nonretention periods, except within the May-July sturgeon spawning sanctuaries. This emergency rule is consistent with the joint Washington-Oregon action of April 8, and May 11, 2015, and conforms Washington state rules with Oregon state rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 12, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-20000J Exceptions to statewide rulesColumbia River sturgeon.
Notwithstanding the provisions of WAC 220-310-200:
(1) From June 19 through June 21, June 26 through June 28, and July 3 through July 5, 2015, 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 sturgeon spawning Sanctuary boundary located 1.8 miles downstream of The Dalles Dam.
(2) Effective immediately until further notice, except for the specific dates described in subsection (1) of this section, 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 except from May 1 through July 31, 2015 in the sturgeon spawning Sanctuary located from The Dalles Dam downstream 1.8 miles.
(3) Effective May 14, 2015 until further notice, it is unlawful to retain white sturgeon caught in those waters of the Columbia River and in all adjacent Washington tributaries from The Dalles Dam upstream to John Day Dam. The Dalles Dam sanctuary remains in place through July 31 under permanent regulations.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-310-20000D
Exceptions to statewide rulesColumbia River sturgeon. (15-70)