WSR 17-22-075 EMERGENCY RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-295—Filed October 27, 2017, 1:38 p.m., effective October 28, 2017] Effective Date of Rule: October 28, 2017. 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 Rules Affected by this Order: Repealing WAC 220-312-06000U; and amending WAC 220-312-060. 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. Reasons for this Finding: This emergency rule is needed to allow for additional opportunity to meet the recreational harvest guideline of one thousand two hundred forty-five white sturgeon by opening an additional fishing day. This action is consistent with decisions made at the joint state hearing on October 26, 2017. 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 27, 2017. J. W. Unsworth Director
NEW SECTION
WAC 220-312-06000U Freshwater exceptions to statewide rules—Columbia 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) Retention of white sturgeon is allowed on October 28, 2017.
(a) The area open to fishing is the mainstem Columbia River from the Wauna powerlines upstream to Bonneville Dam.
(b) The daily retention limit of white sturgeon is one fish between 44-inches minimum and 50-inches maximum fork length. The yearly limit is two retained sturgeon.
(c) Catch and release continues to be allowed in the mainstem Columbia River.
(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.
REPEALER
The following section of the Washington Administrative Code is repealed effective October 29, 2017:
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