WSR 13-20-101 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 13-261—Filed October 1, 2013, 10:05 a.m., effective October 1, 2013, 10:05 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900Q; and amending WAC 232-28-619.
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: Rescinds the white sturgeon retention season in the area upstream of the Wauna powerlines scheduled to begin October 19. Catch during the first half of the year was better than expected and the harvest guideline for the lower Columbia River has been reached. Catch and release will be allowed. This regulation essentially allows only sturgeon catch and release in the Columbia River and adjacent tributaries from the mouth upstream to McNary Dam, except The Dalles Pool remains open for retention. The regulation is consistent with Washington state action of July 25 and September 12, 2013. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 1, 2013.
Philip Anderson
Director
NEW SECTION
WAC 232-28-61900B Exceptions to statewide rules—Columbia River sturgeon.
Notwithstanding the provisions of WAC 232-28-619: (1) Effective October 19 through December 31, 2013: it is unlawful to retain white sturgeon caught in those waters of the Columbia River and the adjacent tributaries from the Wauna powerline crossing at river mile 40 near Cathlamet upstream to the sturgeon deadline at Bonneville Dam. Catch and release is allowed. (2) Effective immediately until further notice: a. It is permissible to retain legal-size white sturgeon caught in those waters of the Columbia River and tributaries from The Dalles Dam upstream to John Day Dam. b. Daily possession limit: one white sturgeon. c. Allowable size limit: 43-54 inches in fork length.
REPEALER
The following section of the Washington Administrative Code is repealed:
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