WSR 18-20-056
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-266—Filed September 26, 2018, 5:05 p.m., effective September 27, 2018]
Effective Date of Rule: September 27, 2018.
Purpose: Amend recreational salmon fishing rules for Willapa Bay and its tributaries.
Citation of Rules Affected by this Order: Repealing WAC 220-312-02000F and 220-313-07000K; and amending WAC 220-312-020 and 220-313-070.
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 is needed to open recreational salmon fisheries in Willapa Bay and the Willapa Bay Control Zone targeting coho and to close salmon seasons for Willapa Bay tributaries scheduled to open October 1. Fall Chinook returning to tributaries of Willapa Bay have been significantly lower than preseason predictions and hatchery returns are lower than needed to make egg take at this time. Historic run-timing and stock composition data suggests minimal fall Chinook encounters are likely to occur in marine area fisheries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 26, 2018.
Joe Stohr
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-02000GFreshwater exceptions to statewide rules—Coast.
Notwithstanding the provisions of WAC 220-312-020, effective October 1, 2018 until further notice the following rules apply. Unless otherwise amended, all permanent rules remain in effect:
(1) Salmon angling is closed in the following waters:
(a) Bear River (Pacific Co.)
(b) Naselle River (Pacific Co.)
(c) Nemah River, Middle (Pacific Co.)
(d) Nemah River, North (Pacific Co.)
(e) Nemah River, South (Pacific Co.)
(f) Willapa River (Pacific Co.)
(g) Willapa River, South Fork (Pacific, Co.)
(h) North River (Grays Harbor, Pacific Co.)
(i) Smith Creek (Pacific Co.)
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW
34.08.040.
NEW SECTION
WAC 220-313-07000LCoastal salmon—Saltwater seasons and daily limits.
Notwithstanding the provisions of WAC 220-313-070, effective September 27, 2018 until further notice the following rules apply. Unless otherwise amended, all permanent rules remain in effect: Marine Area 2-1 (Willapa Bay) and the Willapa Bay Control Zone, salmon daily limit is 6, up to 2 adults may be retained. Release Chinook.
REPEALER
The following section of the Washington Administrative Code is repealed effective October 1, 2018:
WAC 220-312-02000F | Freshwater exceptions to statewide rules—Coast. |
The following section of the Washington Administrative Code is repealed effective September 27, 2018:
WAC 220-313-07000K | Coastal Salmon—Saltwater seasons and daily limits. |