WSR 97-01-034

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Filed December 10, 1996, 2:32 p.m., effective January 1, 1997]

Date of Adoption: December 6, 1996.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-240 and 220-56-305.

Statutory Authority for Adoption: RCW 75.08.080.

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: To adopt recreational sturgeon regulations that are part of the 1997-99 sturgeon management plan negotiated by Washington Department of Fish and Wildlife and Oregon Department of Fish and Wildlife in a manner to be consistent with Oregon's effective date of January 1, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: January 1, 1997.

December 6, 1996

Lisa Pelly

for Bern Shanks

Director

NEW SECTION

WAC 220-56-24000F Daily limits sturgeon, smelt, herring and other food fish not otherwise provided for. Notwithstanding the provisions of WAC 220-56-240, effective January 1, 1997 until further notice, 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.

(1) Sturgeon:

(a) It is unlawful to fish from a floating device downstream from the boating deadline below Bonneville Dam to markers on the Oregon and Washington shores of the Columbia River at Beacon Rock.

(b) 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;

(ii) Maximum size is 60 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 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.

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NEW SECTION

WAC 220-56-30500A Sturgeon--Catch and release. Notwithstanding the provisions of WAC 220-56-305, effective January 1, 1997 until further notice, 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 Priest Rapids Dam.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. January 1, 1997: