WSR 20-13-005
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-99—Filed June 4, 2020, 4:01 p.m., effective June 16, 2020]
Effective Date of Rule: June 16, 2020.
Purpose: This rule is needed to close recreational salmon seasons on the Skagit River from Memorial Highway Bridge to Gilligan Creek due to low forecasted returns of sockeye.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000P; and amending WAC 220-312-040.
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: These measures are being taken because the preseason forecast for sockeye is not sufficient to support an in-river harvest fishery. The 2020 broodstock goal is for ten thousand sockeye, which falls in the mid-range of forecast returns. Additionally, Baker Lake sockeye fisheries have been prioritized over in river fisheries based on angler input. Prioritizing the Baker Lake fishery also allows an opportunity to track whether broodstock needs are being met prior to opening a fishery in Baker Lake. These rules were agreed to with comanagers during the 2020 North of Falcon salmon season setting process.
A Baker Lake sockeye season may be considered if brood stock goals are meeting objectives.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 4, 2020.
Amy Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000PFreshwater exceptions to statewide rulesPuget Sound.
Effective June 16 through July 15, 2020, the following provisions of WAC 220-312-040 regarding recreational salmon seasons for the Skagit River from Memorial Highway Bridge to Gilligan Creek, shall be as described below. All other provisions of WAC 220-312-040 not addressed herein, or unless otherwise amended, remain in effect:
Skagit River (Skagit Co.) from the highway 536 bridge (Memorial Highway Bridge) in Mt Vernon to Gilligan Creek:
Salmon: Closed.
REPEALER
The following section of the Washington Administrative Code is repealed effective July 16, 2020:
WAC 220-312-04000P
Freshwater exceptions to statewide rulesPuget Sound.