11-19-071

WSR 11-19-071

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-246 -- Filed September 15, 2011, 4:18 p.m. , effective September 15, 2011, 4:18 p.m. ]

     Effective Date of Rule: Immediately.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900D; and amending WAC 232-28-619.

     Statutory Authority for Adoption: RCW 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: Sufficient numbers of harvestable white sturgeon remain on the guideline for the Columbia River above the Wauna power lines, providing for additional opportunity for white sturgeon retention in this area. This rule modifies the sturgeon retention season by allowing sturgeon retention an additional three days in the Columbia River and tributaries above the Wauna power lines. This rule is consistent with decisions of the Columbia River joint state hearing of September 15, 2011. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 15, 2011.

Lori Preuss

for Philip Anderson

Director

NEW SECTION
WAC 232-28-61900J   Exceptions to statewide rules -- Columbia River sturgeon.   Notwithstanding the provisions of WAC 232-28-619, effective October 1 through December 31, 2011, it is unlawful to retain white sturgeon caught in those waters of the Columbia River and all adjacent Washington tributaries from the Wauna powerlines upstream to Bonneville Dam, except that a person may retain white sturgeon on Thursdays, Fridays and Saturdays.

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REPEALER

     The following section of the Washington Administrative Code is repealed:

WAC 232-28-61900D

Exceptions to statewide rules -- Columbia River sturgeon. (11-164)