WSR 17-11-113 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-88—Filed May 23, 2017, 9:42 a.m., effective May 27, 2017] Effective Date of Rule: May 27, 2017.
Purpose: Amend Columbia River recreational fishing rules for sturgeon.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-312-06000E; and amending WAC 220-312-060.
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: This emergency rule is needed to allow sturgeon harvest because hatchery-origin white sturgeon residing in Wanapum and Priest Rapids reservoirs since the early 2000s are abundant and have grown to a harvestable size. Removal of these hatchery-origin fish is consistent with ongoing actions to rebuild depressed populations of wild-origin white sturgeon in Wanapum and Priest Rapids reservoirs. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 23, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-312-06000E Freshwater exceptions to statewide rules—Columbia River.
Notwithstanding the provisions of WAC 220-312-060 and WAC 220-316-010, effective May 27 through September 17, 2017, until further notice, it is permissible to fish for and possess white sturgeon in waters of Priest Rapids Reservoir (from Priest Rapids Dam to Wanapum Dam) and Wanapum Reservoir (from Wanapum Dam to Rock Island Dam). Unless otherwise amended all permanent rules remain in effect.
(1) Daily limit of two sturgeon between 38 and 72 inches fork length may be harvested from Wanapum and Priest Rapids reservoirs only.
(2) No annual harvest limit of two sturgeon between 38 and 72 inches fork length from Wanapum and Priest Rapids reservoirs only.
(3) Anglers are not required to record sturgeon harvested from Wanapum and Priest Rapids reservoirs on a Catch Record Card.
(4) Catch-and-release fishing is allowed in Wanapum and Priest Rapids reservoirs after the daily limit is harvested. Any sturgeon not to be harvested must be released immediately. Oversized sturgeon cannot be removed totally or in part from the water.
(5) Only one single-point barbless hook and bait is allowed while fishing for sturgeon. Night closure is in effect for sturgeon only.
(6) Anglers may fish with two poles with the purchase of a Two-Pole Endorsement license.
(7) In the field, anglers must retain eggs with intact carcass of fish from which they came.
REPEALER
The following section of the Washington Administrative Code is repealed effective September 18, 2017:
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