WSR 12-22-027

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-255 -- Filed October 30, 2012, 4:45 p.m. , effective November 4, 2012 ]


     Effective Date of Rule: November 4, 2012.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900P and 232-28-61900X; and amending WAC 232-28-619.

     Statutory Authority for Adoption: RCW 77.12.045, 77.12.047, and 77.04.020.

     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: Ruling rescinds the white sturgeon retention season in The Dalles Pool, as harvest is approaching the guideline for that area. Regulation maintains the complete closure of recreational sturgeon retention in the area downstream of Bonneville Dam and all adjacent tributaries for the remainder of 2012. Conforms Washington state rules with Oregon state rules. Regulation is consistent with compact action of October 2 and October 29, 2012. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 30, 2012.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900X   Exceptions to statewide rules -- Columbia River sturgeon.   Notwithstanding the provisions of WAC 232-28-619, effective November 4 through December 31, 2012, it is unlawful to retain white sturgeon caught in those waters of the Columbia River from the mouth upstream to Bonneville Dam, and all adjacent Washington tributaries.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective November 4, 2012:


WAC 232-28-61900P Exceptions to statewide rules -- Columbia River sturgeon. (12-231).

     The following section of the Washington Administrative Code is repealed effective January 1, 2013:


WAC 232-28-61900X Exceptions to statewide rules -- Columbia River sturgeon.