WSR 16-09-038
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-71—Filed April 14, 2016, 1:07 p.m., effective April 14, 2016, 1:07 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-20000C; 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: This emergency rule establishes the summer-period white sturgeon retention season in Bonneville Reservoir. A total of one hundred sixty-eight fish remain on the guideline, which allows for a summer retention season. Catch and release is allowed during nonretention periods, except within the May-July sturgeon spawning sanctuary downstream of The Dalles Dam. This emergency rule is consistent with the joint Washington-Oregon action of April 7, 2016, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 14, 2016.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-20000H Exceptions to statewide rules—Columbia River sturgeon.
Notwithstanding the provisions of WAC 220-310-200:
(1) June 18 and July 1, 2016, 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, 2016 in the sturgeon spawning Sanctuary located from The Dalles Dam downstream 1.8 miles.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-310-20000C
Exceptions to statewide rules—Columbia River sturgeon. (16-13)