WSR 22-07-036
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-42—Filed March 11, 2022, 4:04 p.m., effective March 11, 2022, 4:04 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends freshwater fishing rules for Columbia River sturgeon.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000K; 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 close the season for sturgeon sport harvest in 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 hearings on December 15, 2021, January 25, 2022, and March 1, 2022. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 11, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000LFreshwater exceptions to statewide rulesColumbia River.
Effective immediately, 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) Effective immediately through April 30, 2022, sturgeon retention is prohibited.
(b) 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 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
(3) From John Day Dam to McNary Dam, including adjacent tributaries:
(a) Effective immediately through April 30, 2022, sturgeon retention is prohibited.
(b) Catch and release angling for sturgeon is permissible on all days, including days closed to sturgeon retention
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-312-06000K
Freshwater exceptions to statewide rulesColumbia River. (22-39)