WSR 19-16-017
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-160—Filed July 25, 2019, 4:22 p.m., effective August 1, 2019]
Effective Date of Rule: August 1, 2019.
Purpose: Amend recreational salmon fishing rules for Marine Areas 2-1 and 2-2, as well as Naselle, North Nemah, Willapa, and South Fork Willapa rivers.
Citation of Rules Affected by this Order: Repealing WAC 220-312-02000S and 220-313-07000Q; and amending WAC 220-312-020 and 220-313-070.
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: The department is in the process of adopting permanent rules that are necessary to implement the state's share of the fishing plans agreed to with resource comanagers at the 2019 North of Falcon proceedings. These emergency rules are necessary to take advantage of the state's fishing opportunity that is imminent and will be available prior to the permanent rule, in a manner consistent with comanager agreed fisheries.
The reason[s] for the emergency rules are to meet conservation objectives and because the current 2018 permanent rule is inconsistent with the agreed 2019 North of Falcon fishery sharing package.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 25, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-02000SFreshwater exceptions to statewide rulesCoast.
Notwithstanding the provisions of WAC 220-312-020, effective August 1 through August 12, 2019:
1) Naselle River: From Hwy. 101 Bridge to the Hwy. 4 Bridge: Salmon daily limit is 6, up to 2 adults may be retained. Release wild Chinook.
2) Nemah River, North:
(a) From Hwy. 101 Bridge upstream to bridge on Nemah Valley Rd: Salmon daily limit is 6, up to 2 adults may be retained. Release wild Chinook.
(b) From Hancock property line upstream to the temporary weir (approx. 210' upstream of the Nemah Hatchery Bridge): Salmon daily limit is 6, up to 2 adults may be retained. Release wild Chinook. Open only for salmon for anglers that possess a senior's license.
3) Willapa River:
(a) From mouth (City of South Bend boat launch) to WDFW access at mouth of Ward Creek/Wilson Creek: Salmon daily limit is 6, up to 2 adults may be retained. Release wild Chinook.
(b) From WDFW access at mouth of Ward Creek/Wilson Creek to the second bridge on Camp One Rd.: Salmon daily limit is 6, up to 2 adults may be retained. Release wild Chinook.
(c) From the second bridge on Camp One Rd. upstream to mouth of Mill Creek, approx. 0.5 miles: Salmon daily limit is 6, up to 2 adults may be retained. Release wild Chinook.
(d) From Mill Creek to Hwy 6 Bridge, approx. 2 miles below mouth of Trap Creek: Salmon daily limit is 6, up to 2 adults may be retained. Release wild Chinook.
4) Willapa River, South Fork:From mouth to 400' downstream of falls/fish ladder in Sec. 6 to Pehl Rd. Bridge: Salmon daily limit is 6, up to 2 adults may be retained. Release wild Chinook.
NEW SECTION
WAC 220-313-07000QCoastal salmonSaltwater seasons and daily limits.
Notwithstanding the provisions of WAC 220-313-070:
1) Catch Record Card Area 2-1; effective August 1 through August 12, 2019:
(a) Salmon daily limit is 6, up to 2 adults may be retained. Release wild Chinook.
(b) Willapa Bay control zone: open, area 2-1 salmon rules apply.
2) Catch Record Card Area 2-2, Humptulips North Bay Fishery (northerly of a line running from the south end of the eastern jetty at Ocean Shores Marina, then to a fishing boundary marker on Sand Island (46°57.52'N, 124°03.36'W) then to the Tripod Station located at 46°59.12'N, 124°00.72'W on Brackenridge Bluff); effective August 1 through August 12, 2019: Salmon daily limit is 6, up to 1 adult may be retained. Release wild Chinook and wild coho.
3) Catch Record Card Area 2-2, west of the Buoy 13 line; effective August 12 through August 13, 2019: Closed.
REPEALER
The following section of the Washington Administrative Code is repealed August 13, 2019:
WAC 220-312-02000S
Freshwater exceptions to statewide rulesCoast.
The following section of the Washington Administrative Code is repealed August 14, 2019:
WAC 220-313-07000Q
Coastal salmonSaltwater seasons and daily limits.