WSR 19-21-032
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-253—Filed October 7, 2019, 4:37 p.m., effective October 12, 2019]
Effective Date of Rule: October 12, 2019.
Purpose: Amends recreational sturgeon fishing rules for the Columbia River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000G [220-312-06000A] and 220-312-06000H [220-312-06000W]; 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 open white sturgeon retention in the Columbia River from Wauna powerlines upstream to Bonneville Dam and the Cowlitz River. The legal-size population is large enough to allow for a conservative retention fishery within the lower Columbia River. This action is consistent with decisions made by the states of Washington and Oregon on September 5 and October 7, 2019. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 7, 2019.
Nate Pamplin
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000AFreshwater exceptions to statewide rulesColumbia River.
Notwithstanding the provisions of WAC 220-312-060:
From Wauna powerlines upstream to Bonneville Dam, including the Cowlitz River:
(a) It is permissible to retain white sturgeon on the following dates: October 12, 2019. The daily limit of white sturgeon is one fish between 44-inches minimum and 50-inches maximum fork length.
(b) Catch and release angling is permissible on days not open to sturgeon retention.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-312-06000W
Freshwater exceptions to statewide rulesColumbia River. (19-212)
The following section of the Washington Administrative Code is repealed effective October 13, 2019:
WAC 220-312-06000A
Freshwater exceptions to statewide rulesColumbia River.