WSR 20-12-013
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-88—Filed May 22, 2020, 5:13 p.m., effective May 26, 2020]
Effective Date of Rule: May 26, 2020.
Purpose: To reopen recreational fisheries in Marine Areas 1 through 3, effective May 26, 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 these recreational fisheries is consistent with the Governor's Proclamation amendment 20-25.2 for the partial reopening of outdoor recreational activities.
This rule returns coastal fisheries (Marine Areas 1 through 3) to permanent rules, unless otherwise amended. The recreational fisheries reopening under this emergency rule include coastal bottomfish, sturgeon, gamefish, forage fish, coastal and Columbia River crab, coastal shrimp, other coastal food fish and shellfish. All recreational fish and shellfish fisheries in Marine Area 4, and recreational clam, mussel, and oyster fisheries in Marine Areas 5 through 13 will remain closed until the expiration of this emergency rule or until further notice.
Citation of Rules Affected by this Order: Repealing WAC 220-310-16000A, 220-310-08000B, 220-313-07000V, 220-314-02000F, 220-316-01000A, 220-330-01000G and 220-330-01000H; and amending WAC 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 coastal recreational fishing opportunities in Marine Areas 1 through 3, as well as crab harvest in the Columbia River, effective May 26, 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. In addition, these openings have been coordinated with local and state health officials.
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 department of fish and wildlife's 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.
Puget Sound (Marine Areas 5 through 13) clam, oyster, and mussel seasons will remain closed until further notice, or until the rule expires 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.
All recreational fish and shellfish fisheries in Marine Area 4 remain closed until further notice, or until the rule expires on July 23, 2020, due to concerns of local and state health authorities.
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 7.
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 22, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-310-16000BDaily limits of forage fish and other food fish not otherwise provided for.
Effective May 26 and until further notice, or until this expires on July 23, 2020 the following provisions of WAC 220-310-160, regarding forage fish and food fish seasons in Marine Area 4, shall be as described below. All other provisions of WAC 220-310-160 not addressed herein, or unless otherwise amended, remain in effect:
It is unlawful to fish for or possess forage fish or food fish not otherwise provided for in Marine Area 4.
NEW SECTION
WAC 220-310-08000CGame fish seasonsGeneral rules.
Effective May 26 and until further notice, or until this expires on July 23, 2020 the following provisions of WAC 220-310-080, regarding game fish seasons in Marine Area 4, shall be as described below. All other provisions of WAC 220-310-080 not addressed herein, or unless otherwise amended, remain in effect:
It is unlawful to fish for or possess game fish in Marine Area 4.
NEW SECTION
WAC 220-313-07000WCoastal salmonSaltwater seasons and daily limits.
Effective May 26 and until further notice, or until this expires on July 23, 2020 the following provisions of WAC 220-313-070, regarding salmon seasons in Marine Area 4, shall be as described below. All other provisions of WAC 220-313-070 not addressed herein, or unless otherwise amended, remain in effect:
It is unlawful to fish for or possess salmon in Marine Areas 4.
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 220-314-02000GPossession limitBottomfish.
Effective May 26 and until further notice, or until this expires on July 23, 2020 the following provisions of WAC 220-314-020 and WAC 220-314-040, regarding bottomfish seasons in Marine Area 4, shall be as described below. All other provisions of WAC 220-314-020 and WAC 220-314-040 not addressed herein, or unless otherwise amended, remain in effect:
It is unlawful to fish for or possess bottomfish or other food fish in Marine Area 4.
NEW SECTION
WAC 220-316-01000BSturgeonAreas, seasons, limits and unlawful acts.
Effective May 26 and until further notice, or until this expires on July 23, 2020 the following provisions of WAC 220-316-010, regarding bottomfish seasons in Marine Area 4, shall be as described below. All other provisions of WAC 220-316-010 not addressed herein, or unless otherwise amended, remain in effect:
It is unlawful to fish for or possess sturgeon in Marine Area 4.
NEW SECTION
WAC 220-330-01000IShellfishDaily limits.
Effective May 26, 2020 and until further notice, or until this expires on July 23, 2020 the following provisions of WAC 220-330-010, WAC 220-330-040, WAC 220-330-070, 220-330-090, 220-330-110, 220-330-140, and WAC 220-330-180, regarding all shellfish seasons in Marine Area 4 and clam, mussel and oyster seasons in Marine Areas 5 through 13, shall be as described below. All other provisions of WAC 220-330-010, WAC 220-330-040, WAC 220-330-070, 220-330-090, 220-330-110, 220-330-140, and WAC 220-330-180 not addressed herein, or unless otherwise amended, remain in effect:
(a) It is unlawful to harvest or attempt to harvest shellfish in Marine Area 4.
(b) It is unlawful to harvest or attempt to harvest clams, mussels, and oysters in Marine Areas 5, 6, 7, 8, 8-1, 8-2, 9, 10, 11, 12, and 13.
REPEALER
The following section of the Washington Administrative Code is repealed effective immediately:
WAC 220-330-01000H
ShellfishDaily limits. (20-87)
The following sections of the Washington Administrative Code are repealed effective 12:01 a.m., May 26, 2020:
WAC 220-310-16000A
Daily limits of forage fish and other food fish not otherwise provided for. (20-68)
WAC 220-310-08000B
Game fish seasons—General rules. (20-68)
WAC 220-313-07000V
Coastal salmon—Saltwater seasons and daily limits. (20-68)
WAC 220-314-02000F
Possession limit—Bottomfish. (20-68)
WAC 220-316-01000A
Sturgeon—Areas, seasons, limits and unlawful acts. (20-68)
WAC 220-330-01000G
Shellfish—Daily limits. (20-68)