WSR 20-10-085

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 20-68—Filed May 5, 2020, 8:58 a.m., effective May 5, 2020, 8:58 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: To partially reopen recreational fisheries, effective May 5, 2020, which were previously closed due to the COVID-19 situation and to comply with Governor Inslee's statewide proclamation to "stay home, stay healthy." Reopening some recreational fisheries is consistent with the Governor's Proclamation amendment 20-25.2 for the partial reopening of outdoor recreational activities.

Additionally, there are specific recreational fisheries that will remain closed until the expiration of this emergency rule or until further notice. These include recreational fisheries for fish and shellfish in marine areas 1-4, Columbia River fisheries for crab and spring Chinook, and Puget Sound fisheries for clams, mussels, and oysters.

Citation of Rules Affected by this Order: Repealing WAC 220-310-00100A, 220-311-00100A, 220-312-00100A, 220-313-00100A, 220-314-00100A, 220-315-00100A, 220-316-00100A, 220-320-00100A, 220-330-00100A and 220-312-060000I; and amending WAC 220-310-160, 220-310-080, 220-313-070, 220-314-020, 220-316-010, and 220-330-010.

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: This rule is needed to reopen recreational fishing opportunities, effective May 5, 2020, pursuant to the governor's proclamation amendment 20-25.2, issued April 27, 2020, indicating that recreational activities including fishing may resume, when and where permitted.

The governor's proclamation amendment also includes requirements to exclude gatherings with people who are not members of the same household and maintain social distancing for the continued protection of public health and safety. The fishery openings considered that requirement as a basis for the decision to reopen fisheries, but do not incorporate those social distance elements within the regulations themselves. While not imposed in the Washington state department of fish and wildlife's (WDFW) fishery rules, they are and remain, a requirement of the governor's proclamation. Failure to abide by those social distance requirements could result in increased health risks requiring future fishery closures.

Coastal recreational fishing and shellfish harvesting activities as well as Puget Sound clam, oyster, and mussel seasons will remain closed until further notice, or until the rules expire on July 23, 2020, due to concerns of local and state health authorities and the lack of ability for appropriate monitoring because of COVID-19 restraints.

Additionally, the Columbia River spring Chinook seasons are set through the Columbia River Compact process. WDFW intends to work with the state of Oregon through the Columbia River Compact process to consider the opening of spring Chinook fishing seasons.

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 6, Amended 0, Repealed 10.

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: May 5, 2020.

Kelly Susewind

Director

The following sections of the Washington Administrative Code are repealed effective 12:01 a.m., May 5, 2020: