WSR 03-08-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-57 -- Filed March 28, 2003, 11:35 a.m. ]

Date of Adoption: March 28, 2003.

Purpose: Amend subsistence fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-32-055.

Statutory Authority for Adoption: RCW 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: The tribes have adopted a size limit restriction on subsistence caught sturgeon that is consistent with sturgeon management plans in Zone 6 as determined by the Sturgeon Management Task Force. Conforms state rules with tribal rules. There is insufficient time to promulgate permanent regulations.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Immediately.

March 28, 2003

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-32-05500F   Off-reservation Indian subsistence fishing.   Notwithstanding the provisions of WAC 220-32-057, effective immediately until further notice, it is unlawful for a person to take or possess sturgeon taken for subsistence purposes in Columbia River Salmon Management Catch Reporting Areas 1F, 1G, and 1H, except those individuals possessing treaty fishing rights under the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for sturgeon under the following provisions pursuant to lawfully enacted tribal rules:

1) Sturgeon size limit: only those sturgeon between 4 feet and 5 feet in length may be kept for subsistence purposes.

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