WSR 14-12-096
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 14-135—Filed June 4, 2014, 10:38 a.m., effective June 4, 2014, 10:38 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-310-20000F; and amending WAC 220-310-200.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, and 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: Closes the John Day Pool to sturgeon retention. Catch and release is allowed during nonretention periods. Regulation is consistent with joint state (Washington-Oregon) action of March 27 and June 3, 2014. Conforms Washington state rules with Oregon state rules. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 4, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-310-20000L Exceptions to statewide rulesColumbia River sturgeon.
Notwithstanding the provisions of WAC 220-310-200:
(1) Effective immediately until further notice, except for the specific dates and area described in subsection (3) of this section, it is unlawful to retain sturgeon caught in those waters of the Columbia River and in all adjacent Washington tributaries from Bonneville Dam upstream to The Dalles Dam.
(2) Effective immediately through July 31, 2014: Sturgeon spawning sanctuary in effect: Angling for sturgeon is prohibited from The Dalles Dam downstream 1.8 miles to a line from the east (upstream) dock at the Port of The Dalles boat ramp straight across to a marker on the Washington shore.
(3) Effective June 13 through June 14 and June 20 through June 21, 2014, it is permissible to retain white sturgeon between 38-inches minimum and 54-inches maximum fork length caught in those waters of the Columbia River and in all adjacent Washington tributaries from Bonneville Dam upstream to the sturgeon spawning Sanctuary boundary located 1.8 miles downstream of The Dalles Dam and described in subsection (2) of this section.
(4) Effective June 14, 2014 until further notice, it is unlawful to retain white sturgeon caught in those waters of the Columbia River and in all adjacent Washington tributaries from John Day Dam upstream to McNary Dam.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-310-20000F
Exceptions to statewide rulesColumbia River sturgeon. (14-73)