[Order 18-270—Filed September 28, 2018, 12:33 p.m., effective October 1, 2018]

Effective Date of Rule: October 1, 2018.

Purpose: Amend recreational salmon fishing rules in Willapa Bay tributaries.

Citation of Rules Affected by this Order: Repealing WAC 220-312-02000G; and amending WAC 220-312-020.

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: Fall Chinook returns to tributaries of Willapa Bay have been significantly lower than preseason predictions. Active broodstocking efforts conducted by hatchery staff and volunteers as well as the naturally occurring recruitment have resulted in the likely attainment of hatchery production goals for fall Chinook in the Willapa and Nemah River systems based on recent assessments. The proportion of females in the broodstock have been higher than anticipated. Returns of fall Chinook needed for hatchery production in the Naselle River system are still short of the production goal. Retention of Chinook is prohibited in all fisheries prosecuted in the Willapa Bay watershed as a conservation measure in order to focus harvest opportunity on coho. This emergency rule is necessary to open most Willapa Bay tributaries for recreational coho harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 28, 2018.

WAC 220-312-02000HFreshwater 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) Bear River (Pacific Co.): From mouth (Hwy. 101 Bridge) to Lime Quarry Rd: Salmon daily limit is 6, no more than 2 adults may be retained, up to 1 adult may be a wild coho. Release Chinook.

(2) Fork Creek (Pacific Co.): From Forks Creek hatchery rack to 500' upstream to the fishing boundary sign: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.

(3) Naselle River (Pacific Co.): Closed to Salmon fishing.

(4) Nemah River, Middle (Pacific Co.): From mouth to the DNR bridge on Middle Nemah A-Line Rd.: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.

(5) Nemah River, North (Pacific Co.):

(a) From Hwy. 101 Bridge to the temporary weir (approximately 210' upstream of the Nemah Hatchery Bridge: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.

(b) From Nemah Hatchery barrier dam to N700 Rd. (46°28.58N, 123°48.54W): Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.

(6) Nemah River, South (Pacific Co.): Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.

(7) North River (Grays Harbor/Pacific Co.): from the Hwy. 105 Bridge to Fall River: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.

(8) Smith Creek (Pacific Co.): from mouth to Hwy. 101 Bridge: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.

(8) Willapa River (Pacific Co.): From mouth to Hwy. 6 Bridge (near town of Lebam): Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.

(9) Willapa River, South Fork (Pacific Co.):

(a) From mouth to 400' downstream of falls/fish ladder in Sec. 6 T13N R8W: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.

(b) From falls/fish ladder in Sec. 6 T13 R8W to Pehl Rd. Bridge: Salmon daily limit is 6, up to 2 adults may be retained, and no more than 1 adult may be a wild coho. Release Chinook.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

The following section of the Washington Administrative Code is repealed effective October 1, 2018:

Freshwater exceptions to statewide rules—Coast.