WSR 07-04-035

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-13 -- Filed January 29, 2007, 2:18 p.m. , effective February 1, 2007 ]


Effective Date of Rule: February 1, 2007.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-282 and 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: An additional 2,100 white sturgeon, remaining from the 2006 above Wauna powerlines harvest guideline, were added to the 2007 harvest guideline, providing for additional white sturgeon retention opportunity in this area. Since 2006 the spring-summer below Wauna powerlines retention season has been set to start the second Saturday in May, which resulted in adoption of a May 12 start for 2007. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 26, 2007.

J. P. Koenings

Director


NEW SECTION
WAC 220-56-28200K   Sturgeon -- Areas, seasons, limits and unlawful acts.   Notwithstanding the provisions of WAC 220-56-282 and WAC 232-28-619, effective May 12, 2007 until further notice, the minimum size for sturgeon retention is 45 inches in length in the Columbia River and tributaries from the Wanua powerlines downstream to the Columbia River mouth.

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Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 232-28-61900M   Exceptions to statewide rules -- Columbia River sturgeon.   Notwithstanding the provisions of WAC 232-28-619:

(1) Effective February 1, 2007 until further notice, 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 Thursdays, Fridays, Saturdays and Sundays.

(2) Effective May 12 until further notice, it is lawful to retain sturgeon caught in those waters of the Columbia River and tributaries from the Wauna powerlines downstream to the mouth.

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Washington State Code Reviser's Office