WSR 20-12-014
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-85—Filed May 22, 2020, 5:17 p.m., effective May 29, 2020]
Effective Date of Rule: May 29, 2020.
Purpose: This rule opens salmon seasons in the Tulalip Terminal Area, Fridays through mid-day on Monday, from May 29 through September 7, 2020. Coho retention is not allowed.
Citation of Rules Affected by this Order: Repealing WAC 220-313-06000R; and amending WAC 220-313-060.
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 open salmon seasons for the Tulalip Terminal Area in Marine Area 8-2. This rule is 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.
These rules have been agreed to with comanagers during the 2020 North of Falcon proceedings and are entered in the permanent rule-making process. Retention of coho is not allowed due to low expected returns to the Snohomish River.
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. These 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.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.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: May 22, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-313-06000RPuget Sound salmon—Saltwater seasons and daily limits.
Effective May 29 through September 7, 2020, the following provisions of WAC 220-313-060 regarding salmon seasons for the Tulalip Terminal Area shall be as described below. All other provisions of WAC 220-313-060 not addressed herein, or unless otherwise amended, remain in effect:
Catch Record Card Area 8-2:
1. Waters west of Tulalip Bay and within 2,000 feet of shore from the pilings at Old Bower's Resort to a fishing boundary marker approximately 1.4 miles northwest of Hermosa Point and not including waters east of a line drawn from Mission Point to Hermosa Point:
a. Open 12:01 a.m. Friday through 11:59 a.m. Monday each week:
i. Daily limit 2.
ii. Release coho.
iii. Chinook minimum size 22 inches.
b. Closed the following time periods: 12:00 p.m. Monday through 12:00 a.m. Friday each week.
2. Waters east of a line from Mission Point to Hermosa Point: Closed.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-313-06000R | Puget Sound salmon—Saltwater seasons and daily limits. |