WSR 22-06-089
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-34—Filed March 1, 2022, 4:27 p.m., effective March 2, 2022]
Effective Date of Rule: March 2, 2022.
Purpose: The purpose of this emergency rule is to open recreational sturgeon retention seasons in the Bonneville Pool and The Dalles Pool of the Columbia River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000H; 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 extend the season for sturgeon sport harvest in The Dalles Reservoir and Bonneville Reservoir. These populations are managed under sustainable harvest guidelines and these actions are taken to keep harvest within that guideline. This action is consistent with decisions made by the states of Washington and Oregon during the Columbia River compact hearing on December 15, 2021, January 25, 2022, and March 1, 2022. The general public welfare is protected with the limited duration opening of recreational sturgeon fishing in The Dalles and Bonneville reservoirs. These limited harvest opportunities allow for public use of the resource as well as the maintenance of a sustainable fish population. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 1, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000JFreshwater exceptions to statewide rulesColumbia River.
Effective March 2 through April 30, 2022 the provisions of WAC 220-312-060, WAC 220-312-030, and WAC 220-316-010 regarding white sturgeon retention seasons from Bonneville Dam to John Day Dam shall be modified as follows. All other provisions of WAC 220-312-060, WAC 220-316-010, and WAC 220-312-030 not addressed herein remain in effect unless otherwise amended by emergency rule:
(1) From Bonneville Dam to The Dalles Dam, including adjacent tributaries:
(a) It is permissible to retain white sturgeon on the following dates only: March 9 and March 16, 2022. All other days are closed to sturgeon retention.
(b) The daily limit of white sturgeon is one fish between 38 inches minimum and 54 inches maximum fork length.
(c) Catch and release angling for sturgeon is permissible on all days, including days closed to sturgeon retention.
(2) From The Dalles Dam to John Day Dam, including adjacent tributaries:
(a) It is permissible to retain white sturgeon only on the following dates: March 2, 5, 7, 9, 12, 14, 16, 19, 21, 23, 26, 28, and 30, 2022. All other days are closed to sturgeon retention.
(b) The daily limit of white sturgeon is one fish between 43 inches minimum and 54 inches maximum fork length.
(c) Catch and release angling for sturgeon is permissible on all days, including days closed to sturgeon retention
REPEALER
The following section of Washington Administrative Code is repealed, effective March 2, 2022:
WAC 220-312-06000H
Freshwater exceptions to statewide rulesColumbia River. (22-10)