WSR 24-06-003
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-26—Filed February 22, 2024, 9:18 a.m., effective February 24, 2024]
Effective Date of Rule: February 24, 2024.
Purpose: The purpose of this emergency rule is [to] open two days for white sturgeon retention in The Dalles Pool.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000C; 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 sets two recreational sturgeon retention days in The Dalles Pool and maintains the previously adopted Bonneville Pool recreational sturgeon retention closure. The U.S. v. Oregon Sturgeon Management Task Force, a joint state/tribal body, met on January 18, 2024, and recommended increasing the harvest guidelines for 2024–2026 in The Dalles Pool (1,100 fish total guideline: 825 for treaty commercial fisheries and 275 for recreational fisheries). Given the prior harvest and new harvest guideline, there are 86 sturgeon now available for harvest. These populations are managed under sustainable harvest guidelines. This action is consistent with decisions made by the states of Washington and Oregon during the Columbia River compact hearing on January 3 and February 21, 2024. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 22, 2024.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000EFreshwater exceptions to statewide rulesColumbia River.
Effective February 24 through April 30, 2024, 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 are 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 upstream to The Dalles Dam, including adjacent tributaries:
White sturgeon: Closed to retention. Catch and release fishing only.
(2) From The Dalles Dam upstream to John Day Dam, including adjacent tributaries:
(a) February 24, 2024: It is permissible to retain white sturgeon: Daily limit 1. Minimum fork length 43 inches. Maximum fork length 54 inches.
(b) February 25 through February 27, 2024: White sturgeon: Closed to retention. Catch and release fishing only.
(c) February 28, 2024: It is permissible to retain white sturgeon: Daily limit 1. Minimum fork length 43 inches. Maximum fork length 54 inches.
(d) February 29 through April 30, 2024: White sturgeon: Closed to retention. Catch and release fishing only.
REPEALER
The following section of Washington Administrative code is repealed, effective February 24, 2024:
WAC 220-312-06000C
Freshwater exceptions to statewide rulesColumbia River. (24-03)