WSR 19-08-062
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-60—Filed March 29, 2019, 1:55 p.m., effective March 29, 2019, 1:55 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends recreational sturgeon fishing rules for the Columbia River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000D; and amending WAC 220-312-060.
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 rule is needed to allow a limited harvest of white sturgeon in the Columbia River estuary. The legal-size population is large enough to allow for a retention fishery within the lower Columbia River. This action is consistent with decisions made by the states of Washington and Oregon on January 4 and March 28, 2019. There is insufficient time to adopt permanent regulations.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 29, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000GFreshwater exceptions to statewide rulesColumbia River.
Notwithstanding the provisions of WAC 220-312-060, it is unlawful to violate the provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) From Buoy 10 upstream to Wauna powerlines, including Youngs Bay, and all adjacent Washington tributaries:
(a) It is permissible to retain white sturgeon on the following dates: May 13, May 15, May 18, May 20, May 22, May 25, May 27, May 29, June 1, June 3, and June 5, 2019.
(i) The daily limit of white sturgeon is one fish between 44-inches minimum and 50-inches maximum fork length.
(ii) Closed to angling for sturgeon at 2:00 p.m. daily on dates open to sturgeon retention.
(b) Catch and release angling is permissible on days not open to sturgeon retention.
(2) From The Dalles Dam to John Day Dam, including adjacent tributaries:
(a) Retention of white sturgeon is prohibited.
(b) Catch and release angling is permissible on days not open to sturgeon retention.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 220-312-06000D
Freshwater exceptions to statewide rulesColumbia River. (19-04)
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.