WSR 17-13-050
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-126—Filed June 15, 2017, 9:46 a.m., effective June 15, 2017, 9:46 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend Columbia River recreational fishing rules for sturgeon.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-312-06000G; and amending WAC 220-312-060.
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: This emergency rule is needed to (1) repeal the sturgeon fishery scheduled for June 17, 2017, which was filed in WSR 17-12-041. The harvest guideline of three thousand fish has been reached; and (2) opens a one-day sturgeon fishery from Bonneville Dam upstream to The Dalles Dam, including adjacent tributaries which will provide additional angling opportunity. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 15, 2017.
James B. Scott, Jr.
for J. W. Unsworth
Director
NEW SECTION
WAC 220-312-06000K Freshwater exceptions to statewide rulesColumbia River.
Notwithstanding the provisions of WAC 220-312-060, it is unlawful to violate the provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) Effective June 23, 2017, the Columbia River is open for retention of white sturgeon.
(a) Open to fishing in the mainstem Columbia River from Bonneville Dam upstream to The Dalles Dam, including adjacent tributaries.
(b) The daily limit of white sturgeon is one fish between 38-inches minimum and 54-inches maximum fork length. The yearly limit is two sturgeon.
(c) Catch and release continues to be allowed, except angling for sturgeon prohibited through July 31 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.
(2) Fork length is measured in a straight line from the tip of the nose to the fork in the caudal fin (tail) with the fish laying on its side on a flat surface, with the tape measure/ruler positioned flat under the fish.
(3) Catch and release is permissible from The Dalles Dam to McNary Dam except in the sturgeon spawning Sanctuary located from John Day Dam downstream 2.4 miles, and in the sturgeon spawning Sanctuary located from McNary Dam downstream 1.5 miles.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-312-06000G
Freshwater exceptions to statewide rulesColumbia River. (17-106)