WSR 13-14-003
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 13-128—Filed June 19, 2013, 3:39 p.m., effective June 19, 2013, 3:39 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900T; 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: The Columbia River sturgeon-retention fishery downstream of the Wauna powerline crossing was originally scheduled to continue through June 30, 2013. Angling effort and catch have exceeded expectations, and the catch guideline of four thousand forty-two white sturgeon is projected to be reached by Friday, June 21. The area of the Columbia River from the Wauna powerlines upstream to Bonneville Dam is currently closed to sturgeon retention.
A two-day retention season was scheduled for June 21 through June 22, 2013, in the area from Bonneville Dam upstream to The Dalles Dam. Angling effort and catch have exceeded expectations, and the catch guideline of one thousand one hundred white sturgeon is projected to be reached by Saturday, June 22.
These actions were adopted at the joint Washington-Oregon public hearing on June 18, 2013. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 19, 2013.
Philip Anderson
Director
NEW SECTION
WAC 232-28-61900Q Exceptions to statewide rules—Columbia River sturgeon. Notwithstanding the provisions of WAC 232-28-619:
(1) Effective June 21, 2013, until further notice, it is unlawful to retain white sturgeon caught in those waters of the Columbia River from the mouth upstream to Bonneville Dam and in all adjacent Washington tributaries.
(2) Effective only on June 21, 2013, it is permissible to retain white sturgeon caught in those waters of the Columbia River and tributaries from Bonneville Dam upstream to The Dalles Dam. Legal size when open to retain white sturgeon in this area is 38-inches minimum and 54-inches maximum fork length. Beginning June 22, 2013, until further notice, white sturgeon retention is prohibited in those waters of the Columbia River and tributaries from Bonneville Dam upstream to The Dalles Dam.
(3) Effective immediately through August 31, it is unlawful to fish for sturgeon from Bonneville Dam downstream 9 miles to a line crossing the Columbia River from navigation marker 82 on the Oregon shore, westerly to the boundary marker on the Washington shore upstream of Fir Point.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 232-28-61900T
Exceptions to statewide rules—Columbia River sturgeon. (13-101)