WSR 14-09-030 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-73—Filed April 9, 2014, 2:19 p.m., effective May 1, 2014] Effective Date of Rule: May 1, 2014.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-20000D; and amending WAC 220-310-200.
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: Establishes a sturgeon spawning sanctuary in Bonneville Pool which was adopted to be in effect annually during May through July. Angling for sturgeon is prohibited in the sanctuary when it is in effect. Handle [Handling] of oversize sturgeon is expected to be reduced as a result of this sanctuary and the sanctuary is in effect only during the summer months that encompass the spawning period. The regulation also permits a four day white sturgeon retention sport fishery in Bonneville Reservoir during the summer season. A total of eight hundred fifty fish remain on the guideline, which allows for the summer retention season. Catch and release is allowed during the nonretention periods downstream of the spawning sanctuary. Regulation is consistent with joint state (Washington-Oregon) action of March 27, 2014. Conforms Washington state rules with Oregon state rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 9, 2014.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 220-310-20000F Exceptions to statewide rules—Columbia River sturgeon.
Notwithstanding the provisions of WAC 220-310-200:
(1) Effective May 1 through July 31, 2014, Sturgeon spawning sanctuary in effect: Angling for sturgeon is prohibited from The Dalles Dam downstream 1.8 miles to a line from the east (upstream) dock at the Port of The Dalles boat ramp straight across to a marker on the Washington shore.
(2) June 13-14 and June 20-21, 2014, it is permissible to retain white sturgeon between 38-inches minimum and 54-inches maximum fork length caught in those waters of the Columbia River and tributaries from Bonneville Dam upstream to sturgeon spawning Sanctuary boundary located 1.8 miles downstream of The Dalles Dam and described in subsection (1) of this section.
(3) Effective immediately until further notice, except for the specific dates described in subsection (2) of this section, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from Bonneville Dam upstream to The Dalles Dam. Catch and release is permissible except from May 1 through July 31, 2014 in the sturgeon spawning Sanctuary located from The Dalles Dam downstream 1.8 miles as described in subsection (1) of this section.
REPEALER
The following section of the Washington Administrative Code is repealed effective May 1, 2014:
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