WSR 15-21-085 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-395—Filed October 20, 2015, 4:47 p.m., effective October 20, 2015, 5:01 p.m.]
Effective Date of Rule: October 20, 2015, 5:01 p.m.
Purpose: Amend commercial fishing rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-36-02300B; and amending WAC 220-36-023.
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: Department staff reviewed catches of salmon in the nontreaty commercial fishery in Area 2A and D and compared them to preseason expectations. With only two out of four scheduled days completed in week forty-three, an estimated three thousand nine hundred forty-three chum have been landed compared to a preseason expectation of two thousand six hundred eighty-nine. This demonstrates that fish harvest is exceeding the anticipated rate at this time. Another one thousand one hundred ten to one thousand two hundred fifty chum are expected to be caught on October 20 and October 21 if the fishery proceeds as originally opened. From the preseason planning model, twenty-one thousand twenty-nine chum were predicted to spawn compared to a goal of twenty-one thousand. That is, under preseason planning, we were only expecting to meet or exceed the conservation escapement goal by twenty-nine fish - a slim margin for any error in preseason forecasting. We believe that it is advisable to carefully meter continuing fishing opportunity to ensure that escapement goals can be met.
Coho catches were substantially lower than predicted preseason and few coho were reported anecdotally. Department staff examined QIN gillnet catch per landing in Area 2A and D through week forty-two from 1996 to 2014. A significant relationship existed between coho catch per landing and Chehalis Basin total run-size (excluding Humptulips Basin coho). Based on QIN catch per landing in 2015, the relationship predicted a run-size of fifty-two thousand two hundred eighty-five coho compared to a preseason forecast of nearly one hundred forty-nine thousand. While a significant relationship existed between coho catch and total run-size, a similar relationship was not evident for chum.
Considering all these factors, an update to the 2015 chum run-size is difficult to make at this time. It is possible that additional time and data may result in a useable chum inseason update and that the run will run out to be larger than forecast. Nevertheless, without the ability to update the chum run at this time, and considering the narrow margin for achieving the desired chum escapement, the data provides a reasoned basis to be concerned that the chum escapement will not be met with the current catches.
This preliminary inseason coho update was also plugged into the preseason planning model to examine the effect of actual 2015 treaty and nontreaty fisheries on the potential for reaching the coho escapement goal. Based on a run-size of fifty-two thousand two hundred eighty-five and the planned fishing schedules, the natural-origin coho escapement was predicted to be twenty-two thousand five hundred sixty-five compared to the goal of twenty-eight thousand five hundred six. That is, the preseason forecast already predicts that the coho escapement goal will be missed by nearly six thousand coho. Because the run-size for 2015 now appears to be far below the preseason forecast, there is a reasoned basis for slowing harvest to ensure the overall harvest rate objective is met and to provide some buffer against a serious underescapement of coho.
Based on all this information, an inseason reduction in the commercial fishery is warranted to help ensure that conservation goals are met. Such an inseason adjustment requires immediate action and cannot wait for the time required to adopt a permanent rule amendment.
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: October 20, 2015.
Kelly Cunningham
for J. W. Unsworth
Director
NEW SECTION
WAC 220-36-02300B Grays Harbor salmon—Fall fishery.
Notwithstanding the provisions of WAC 220-36-023, effective 5:01 p.m. October 20 through 5:00 pm October 21, 2015, it is unlawful to fish for salmon in waters of Grays Harbor for commercial purposes.
REPEALER
The following section of the Washington Administrative Code is repealed effective 5:01 p.m. October 21, 2015:
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