WSR 02-20-012

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-235 -- Filed September 19, 2002, 3:43 p.m. ]

Date of Adoption: September 18, 2002.

Purpose: Amend personal use fishing rules.

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

Statutory Authority for Adoption: RCW 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: This emergency rule is necessary to keep the 2002 sport harvest of sturgeon from Bonneville Dam downstream to the mouth within the 38,300 white sturgeon harvest guideline established during the preseason planning process for sturgeon fishery management. This emergency rule is also necessary to allow harvest of the 280 white sturgeon remaining on the 2002 sport harvest guideline for Bonneville Pool. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

September 18, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-28-61900M   Exceptions to statewide rules -- Columbia River.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective immediately through November 22, 2002, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from Bonneville Dam downstream to the mouth.

(2) Effective 12:01 am September 28 through December 31, 2002, it is lawful to retain sturgeon caught in those waters of the Columbia River and tributaries from Bonneville Dam upstream to The Dalles Dam.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900E Exceptions to statewide rules -- Columbia River. (02-196)

Washington State Code Reviser's Office