WSR 97-08-017
PERMANENT RULES
DEPARTMENT OF
FISH AND WILDLIFE
(Fisheries)
[Order 97-53--Filed March 25, 1997, 10:04 a.m., effective May 1, 1997]
Date of Adoption: February 1, 1997.
Purpose: Amend personal use rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-56-240.
Statutory Authority for Adoption: RCW 75.08.080.
Adopted under notice filed as WSR 96-21-151 on October 23, 1996.
Changes Other than Editing from Proposed to Adopted Version: Boat fishing closure below Bonneville Dam. Size limit change on sturgeon. Possession limit changes for sturgeon, smelt, and herring.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 1, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: May 1, 1997.
Bern Shanks
for Lisa Pelly, Chairperson
Fish and Wildlife Commission
AMENDATORY SECTION (Amending Order 96-13, filed 2/9/96, effective 5/1/96)
WAC 220-56-240 Daily limits sturgeon, smelt, herring and other food fish not otherwise provided for. 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. Unless otherwise provided, other food fish fishing is open the entire year:
(1) Sturgeon:
(a) ((Catch and release only in the Columbia River and all
tributaries upstream from Priest Rapids Dam.)) Unlawful to fish from a
floating device May 1 through June 30 downstream from the boating
deadline below Bonneville Dam to markers on the Oregon and Washington
shores of the Columbia River at Beacon Rock.
(b) ((2)) 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; and
(ii) Maximum size is ((66)) 60 inches in length((;
(iii) Not more than one of the two fish may be less than 48 inches
in length; and
(iv) Not more than one of the two fish may equal or exceed 48 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)),
frozen or processed sturgeon.
(d) There is an annual personal use limit of ((15)) 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)) is one daily limit in fresh form.
Additional smelt may be possessed in frozen or processed form.
(3) Herring: 20 pounds ((fresh)). The possession limit is one
daily limit in fresh form. 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.
[Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), 220-56-240, filed 2/9/96, effective 5/1/96; 95-04-066 (Order 95-10), 220-56-240, filed 1/30/95, effective 5/1/95; 94-14-069, 220-56-240, filed 7/1/94, effective 8/1/94; 93-22-004 (Order 93-125), 220-56-240, filed 10/20/93, effective 1/1/94; 93-08-034 (Order 93-20), 220-56-240, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-240, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-240, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-240, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-240, filed 3/16/89; 88-10-012 (Order 88-14), 220-56-240, filed 4/26/88; 86-09-020 (Order 86-08), 220-56-240, filed 4/9/86; 85-09-017 (Order 85-20), 220-56-240, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-240, filed 4/11/84; 80-03-064 (Order 80-12), 220-56-240, filed 2/27/80, effective 4/1/80.]