WSR 09-01-194

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-312 -- Filed December 24, 2008, 10:37 a.m. , effective January 1, 2009 ]


Effective Date of Rule: January 1, 2009.

Purpose: The purpose of this rule making is to allow nontreaty recreational fishing opportunity in the Columbia River while protecting fish listed as threatened or endangered under the Endangered Species Act. This rule making implements federal court orders governing Washington's relationship with treaty Indian tribes, federal law governing Washington's relationship with Oregon, and Washington fish and wildlife commission policy guidance for Columbia River fisheries.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.04.130, 77.12.045, and 77.12.047.

Other Authority: United States v. Oregon, Civil No. 68-513-KI (D. Or.), Order Adopting 2008-2017 United States v. Oregon Management Agreement (Aug. 12, 2008) (Doc. No. 2546); Northwest Gillnetters Ass'n v. Sandison, 95 Wn.2d 638, 628 P.2d 800 (1981); Washington fish and wildlife commission policies concerning Columbia River fisheries; 40 Stat. 515 (Columbia River compact).

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; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Sets the annual season for recreational white sturgeon fisheries above Wauna power lines in the mainstem Columbia River and specific tributaries. Applies the new statewide fork length size limit standard to the below Wauna area. Retention below the Wauna powerlines is allowed under permanent regulations beginning January 1, 2009. Rule is consistent with Washington department of fish and wildlife hearing action of December 18, 2008. There is insufficient time to adopt permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 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: December 24, 2008.

Phil Anderson

Director


NEW SECTION
WAC 232-28-61900W   Exceptions to statewide rules -- Columbia River sturgeon.   (1) Notwithstanding the provisions of WAC 232-28-619, effective January 1, 2009 until further notice, it is unlawful to retain white sturgeon caught in those waters of the Columbia River and tributaries from the Wauna powerlines upstream to Bonneville Dam, and all adjacent Washington tributaries, except a person may retain white sturgeon Thursdays, Fridays, and Saturdays.

(2) Notwithstanding the provisions of WAC 232-28-619, effective January 1, 2009 until further notice, the minimum size when open to retain white sturgeon is 38 inches fork length in those waters of the Columbia River and tributaries downstream of the Wauna powerline crossing at RM 40.

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Washington State Code Reviser's Office