WSR 97-01-126

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Filed December 19, 1996, 11:04 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-21-049.

Title of Rule: Personal use rules.

Purpose: Amend sturgeon harvest rules.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Sets sturgeon size limit and release rules.

Reasons Supporting Proposal: Sturgeon conservation. Makes Washington and Oregon rules the same in concurrent waters.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, WA, 902-2930; Implementation: Bruce Crawford, 1111 Washington Street, Olympia, WA, 902-2325; and Enforcement: Ron Swatfigure, 1111 Washington Street, Olympia, WA, 902-2927.

Name of Proponent: Washington State Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Modify sport sturgeon rules to conserve the sturgeon resource while providing recreational opportunity.

Proposal Changes the Following Existing Rules: Modify harvest rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal affects recreational fishing only.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Point Hudson Resort and Marina, Point Hudson Harbor, Port Townsend, Washington, on January 31, 1997, at 8:00.

Assistance for Persons with Disabilities: Contact Robin Ayers by January 14, 1997, TDD (360) 902-2295, or (360) 902-2933.

Submit Written Comments to: Evan Jacoby, Washington State Department of Fish and Wildlife, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501, FAX (360) 902-2942, by January 30, 1997.

Date of Intended Adoption: January 31, 1997.

December 19, 1996

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION (Amending Order 96-13, filed 2/9/96, effective 5/1/96)

WAC 220-56-240 Daily limits sturgeon, smelt, herring and other food fish not otherwise provided for. It is unlawful for any person to retain in any day more than the following quantities and sizes of food fish taken for personal use. Unless otherwise provided, other food fish fishing is open the entire year:

(1) Sturgeon:

(a) ((Catch and release only in the Columbia River and all tributaries upstream from Priest Rapids Dam.)) Unlawful to fish from a floating device May 1 through June 30 downstream from the boating deadline below Bonneville Dam to markers on the Oregon and Washington shores of the Columbia River at Beacon Rock.

(b) ((2)) 1 fish with the following size restrictions in all other state waters:

(i) Minimum size is 42 inches in length except minimum size 48 inches in length in waters of the Columbia River and tributaries upstream from Dalles Dam; and

(ii) Maximum size is ((66)) 60 inches in length((;

(iii) Not more than one of the two fish may be less than 48 inches in length; and

(iv) Not more than one of the two fish may equal or exceed 48 inches in length)).

(c) The possession limit is two daily limits of fresh sturgeon. Additional sturgeon may be possessed in a frozen or processed form.

(d) There is an annual personal use limit of ((15)) 10 sturgeon.

(2) Smelt: 20 pounds. The daily limit and the possession limit are the same. It is unlawful for any person to possess more than 20 pounds of smelt at any time.

(3) Herring: 20 pounds fresh. Additional herring may be possessed in a frozen or processed form.

(4) All other food fish not otherwise provided for in this chapter: No limit.

[Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), 220-56-240, filed 2/9/96, effective 5/1/96; 95-04-066 (Order 95-10), 220-56-240, filed 1/30/95, effective 5/1/95; 94-14-069, 220-56-240, filed 7/1/94, effective 8/1/94; 93-22-004 (Order 93-125), 220-56-240, filed 10/20/93, effective 1/1/94; 93-08-034 (Order 93-20), 220-56-240, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-240, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-240, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-240, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-240, filed 3/16/89; 88-10-012 (Order 88-14), 220-56-240, filed 4/26/88; 86-09-020 (Order 86-08), 220-56-240, filed 4/9/86; 85-09-017 (Order 85-20), 220-56-240, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-240, filed 4/11/84; 80-03-064 (Order 80-12), 220-56-240, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 95-46, filed 5/31/95, effective 7/1/95 WAC 220-56-305 Sturgeon--Catch and release. It is unlawful to retain sturgeon taken from:

(1) Those waters of the Snake River or tributaries upstream from Lower Granite Dam;

(2) Those waters of the Columbia River and tributaries upstream from ((Grand Coulee)) Priest Rapids Dam;

(3) Those waters of the Columbia River between the upstream line of Bonneville Dam and a line 400 feet below McNary Dam during the period July 1 through December 31. Sturgeon that are hooked must be immediately released and returned to the water.

[Statutory Authority: RCW 75.08.080. 95-12-027 (Order 95-46), 220-56-305, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-305, filed 7/1/94, effective 8/1/94; 86-09-020 (Order 86-08), 220-56-305, filed 4/9/86; 80-03-064 (Order 80-12), 220-56-305, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-073.]

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