WSR 05-01-228

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-323 -- Filed December 22, 2004, 10:36 a.m. , effective January 1, 2005, 12:01 a.m. ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900A; and amending WAC 232-28-619 and 220-56-282.

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 rule modifies the sturgeon retention season by allowing sturgeon retention three days per week in the Columbia River and tributaries above the Wauna power lines and modifies the minimum size limit for sturgeon for the Columbia River and tributaries below Wauna power lines. This rule is consistent with decisions of the Columbia River joint state hearing of December 16, 2004, and also with the 2003-2005 sturgeon fishery management plan and maintains concurrent regulations between Washington and Oregon. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 21, 2004.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-28200G   Sturgeon -- Areas, seasons, limits and unlawful acts.   Notwithstanding the provisions of WAC 220-56-282 and WAC 232-28-619, effective 12:01 a.m. January 1, 2005 until further notice, the minimum size limit for sturgeon retention is 42 inches in the Columbia River and tributaries from the Wauna powerlines downstream to the Columbia River mouth.

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NEW SECTION
WAC 232-28-61900A   Exceptions to statewide rules -- Columbia River sturgeon.   Notwithstanding the provisions of WAC 232-28-619, effective 12:01 a.m. January 1, 2005 through January 31, 2005, it is unlawful to retain sturgeon caught in those waters of the Columbia River and tributaries from the Wauna powerlines upstream to Bonneville Dam, except on Thursdays, Fridays and Saturdays.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. February 1, 2005:


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

Legislature Code Reviser 

Register

Washington State Code Reviser's Office