WSR 24-07-046
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-38—Filed March 14, 2024, 8:15 a.m., effective March 15, 2024]
Effective Date of Rule: March 15, 2024.
Purpose: The purpose of this emergency rule is to close white sturgeon retention in the Columbia River from John Day Dam to McNary Dam.
Citation of Rules Affected by this Order: Repealing WAC 220-312-06000E; and amending WAC 220-312-060.
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 recreational sturgeon retention in the John Day reservoir. The projected total catch through March 14, 2024, is 99 fish as compared to the harvest guideline of 105 fish. Therefore, not enough fish remain under the guideline to allow for additional retention opportunity in this reservoir. This rule is necessary to remain within allowable harvest guidelines for nontreaty recreational fisheries for this pool. 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 March 13, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 13, 2024.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-06000FFreshwater exceptions to statewide rules—Columbia River.
Effective March 15 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 McNary 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:
From Bonneville Dam upstream to McNary Dam, including adjacent tributaries:
White sturgeon: Closed to retention. Catch and release fishing only.
REPEALER
The following section of Washington Administrative code is repealed, effective March 15, 2024:
WAC 220-312-06000E | Freshwater exceptions to statewide rules—Columbia River. (24-26) |