WSR 12-21-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-231 -- Filed October 3, 2012, 3:34 p.m. , effective October 3, 2012, 3:34 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900K and 232-28-61900P; 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: Rescinds the scheduled opener for the area from the Wauna powerlines upstream to Bonneville Dam. At the July 26, 2012, compact, the joint states adopted a season which included a retention season during October 20 - December 31. The majority of the catch actually occurred during the summer portion of the season, leaving minimal fish available for the fall portion of the season. This action maintains the closure of sturgeon retention in the area downstream of Bonneville Dam and adjacent tributaries for the remainder of 2012. Ruling continues the white sturgeon retention season in The Dalles Pool. Harvestable fish remain within the guideline for the area. Retention will continue on a days-per-week format through December 31, 2012. Conforms Washington state rules with Oregon state rules. Regulation is consistent with compact action of July 26 and October 2, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 3, 2012.

Joe Stohr

for Philip Anderson

Director


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

     (1) Effective immediately 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.

     (2) Effective immediately through December 31, 2012 on Thursdays, Fridays and Saturdays:

     a. It is permissible to retain legal-size white sturgeon caught in those waters of the Columbia River and tributaries from The Dalles Dam upstream to John Day Dam.

     b. Daily possession limit: one white sturgeon.

     c. Allowable size limit: 43-54 inches in fork length.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900K Exceptions to statewide rules -- Columbia River sturgeon. (12-158)

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


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