WSR 18-21-029

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 18-281—Filed October 5, 2018, 3:18 p.m., effective October 6, 2018]

Effective Date of Rule: October 6, 2018.

Purpose: Amend commercial salmon fishing rules for Willapa Bay.

Citation of Rules Affected by this Order: Repealing WAC 220-354-25000C; and amending WAC 220-354-250.

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: During September all fisheries in Willapa Bay were constrained or closed in response to indicators which suggested that the Willapa Bay fall Chinook return was significantly lower than preseason predictions. More recent information shows minimal fall Chinook encounters are occurring in the commercial fishery and will further decrease as we approach the end of the return. In-season estimates for coho stock abundance are consistent with preseason expectation and chum encounters are tracking near preseason expectations. Therefore, with this emergency rule, commercial fisheries in Willapa Bay are being returned to preseason openings in the adopted rules from North of Falcon, Chinook retention remains closed. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 5, 2018.

Kelly Susewind

Director

The following section of the Washington Administrative Code is repealed effective October 6, 2018: