WSR 08-05-039

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-23 -- Filed February 13, 2008, 2:28 p.m. , effective January 1, 2009 ]


Effective Date of Rule: January 1, 2009.

Purpose: Amend sturgeon sportfishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-282 (Amending Order 07-22, filed 2/16/07, effective 3/19/07).

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 07-19-135 on September 19, 2007.

Changes Other than Editing from Proposed to Adopted Version: Subsection (1)(a) - Minimum size changed from 42 to 43 inches.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 1, 2008.

Susan Yeager

for Jerry Gutzwiler, Chair

Fish and Wildlife Commission

OTS-1329.2


AMENDATORY SECTION(Amending Order 07-22, filed 2/16/07, effective 3/19/07)

WAC 220-56-282   Sturgeon -- Areas, seasons, limits and unlawful acts.   (1) It is unlawful to retain green sturgeon.

(2) It is lawful to fish for white sturgeon the entire year in saltwater, but open in freshwater only concurrent with a salmon or gamefish opening unless otherwise provided.

(3) The daily limit is one white sturgeon, with the following size restrictions:

(a) Minimum size ((48)) 43 inches ((in)) fork length in the Columbia River and tributaries upstream from The Dalles Dam.

(b) Minimum size ((42)) 38 inches ((in)) fork length in all other state waters.

(c) Maximum size ((60)) 54 inches ((in)) fork length.

Once the daily limit has been retained, it is lawful to continue to fish for sturgeon in the mainstem of the Columbia River downstream from where the river forms the boundary between Oregon and Washington, provided that all subsequent sturgeon are released immediately.

(4) The possession limit is two daily limits of fresh, frozen or processed white sturgeon.

(5) There is an annual personal-use limit of five white sturgeon from April 1 through March 31, regardless of where the sturgeon were taken. After the annual limit of sturgeon has been taken, it is lawful to continue to fish for white sturgeon in the mainstem Columbia River downstream from where the river forms the common boundary between Oregon and Washington, provided that all subsequent sturgeon are released immediately.

(6) It is unlawful to fish for sturgeon with terminal gear other than bait and one single barbless hook. It is lawful to use artificial scent with bait when fishing for white sturgeon. Violation of this subsection is an infraction, punishable under RCW 77.15.160. It is unlawful to possess sturgeon taken with gear in violation of the provisions of this section. Possession of sturgeon while using gear in violation of the provisions of this section is a rebuttable presumption that the sturgeon were taken with such gear. Possession of such sturgeon is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree -- Penalty, unless the sturgeon are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree -- Penalty.

(7) It is unlawful to fish for or possess sturgeon taken for personal use from freshwater, except the Chehalis River, from one hour after official sunset to one hour before official sunrise.

(8) It is unlawful to possess in the field sturgeon eggs without having retained the intact carcass of the fish from which the eggs have been removed.

(9) It is unlawful to use a gaff or other fish landing aid that penetrates the fish while restraining, handling or landing a sturgeon.

(10) It is unlawful to fail to immediately return to the water any undersize sturgeon.

[Statutory Authority: RCW 77.12.047. 07-05-051 (Order 07-22), 220-56-282, filed 2/16/07, effective 3/19/07; 06-09-021 (Order 06-67), 220-56-282, filed 4/11/06, effective 5/12/06; 05-05-035 (Order 05-15), 220-56-282, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), 220-56-282, filed 3/4/04, effective 5/1/04; 03-21-133 (Order 03-273), 220-56-282, filed 10/21/03, effective 4/1/04; 03-18-006 (Order 03-209), 220-56-282, filed 8/20/03, effective 9/20/03; 02-08-048 (Order 02-53), 220-56-282, filed 3/29/02, effective 5/1/02; 01-06-036 (Order 01-24), 220-56-282, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-56-282, filed 1/30/95, effective 5/1/95; 91-08-054 (Order 91-13), 220-56-282, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-282, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-282, filed 3/16/89.]

Washington State Code Reviser's Office