WSR 16-14-006
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-152—Filed June 23, 2016, 10:28 a.m., effective June 23, 2016, 10:28 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend Columbia River recreational fishing rules for sturgeon.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-20000N; 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: Closes the Bonneville Pool and adjacent tributaries for the retention of white sturgeon. The harvest guideline of three hundred twenty-five fish has been reached. Catch and release is allowed during nonretention periods, except within the May-July sturgeon spawning sanctuaries. This emergency rule is consistent with the joint Washington-Oregon action of June 22, 2016, and 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 23, 2016.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-20000T Exceptions to statewide rulesColumbia River sturgeon.
Notwithstanding the provisions of WAC 220-310-200:
(1) Effective immediately until further notice, 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 through July 31, 2016 in the sturgeon spawning Sanctuary located from The Dalles Dam downstream 1.8 miles.
(2) Effective immediately until further notice, it is unlawful to retain white sturgeon caught in those waters of the Columbia River and in all adjacent Washington tributaries from The Dalles Dam upstream to John Day Dam. Catch and release is permissible except through July 31, 2016 in the sturgeon spawning Sanctuary located from John Day Dam downstream 2.4 miles.
(3) Effective immediately until further notice, it is unlawful to retain white sturgeon caught in those waters of the Columbia River and in all adjacent Washington tributaries from John Day upstream to McNary Dam. Catch and release is permissible except through July 31, 2016 in the sturgeon spawning Sanctuary located from McNary Dam downstream 1.5 miles under permanent regulations.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-310-20000N
Exceptions to statewide rulesColumbia River sturgeon. (16-121)