WSR 20-16-023
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-141—Filed July 23, 2020, 4:01 p.m., effective July 27, 2020]
Effective Date of Rule: July 27, 2020.
Purpose: The purpose of this rule is to close ocean recreational salmon seasons in Marine Area 1, in state waters and in a manner consistent with federal salmon fishing regulations adopted by the National Marine Fisheries Service in response to actions taken by the Pacific Fishery Management Council (PFMC) and following annual salmon fishery harvest specifications and management measures; this action is intended to achieve regulatory consistency in federal and state waters for the ocean recreational salmon fishery, which operates in both areas.
This rule also repeals the previous emergency rule, WSR 20-13-095, that opened coastal salmon seasons in Catch Record Card Areas 1 through 4 as these rules become permanent July 26, 2020, under WSR 20-14-052 which was filed on June 25, 2020.
Citation of Rules Affected by this Order: Repealing WAC 220-313-07000X and 220-313-07000Y; and amending WAC 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 purpose of this rule is to close recreational salmon seasons in Catch Record Card Area 1. Catch Area 1 is expected to reach its coho quota by the end of the day July 26; sufficient quota remains for both Chinook and coho in Catch Areas 2, 3, and 4 to remain open. These rules are adopted at the recommendation of the Pacific Fisheries Management Council.
The ocean recreational salmon fishing seasons are developed and considered through the annual PFMC process, which coincides with the North of Falcon salmon season setting process and is managed under the Pacific Coast Salmon Fishery Management Plan (FMP). By managing this fishery under the FMP, it is required to be consistent with National Standard Guidelines, which ensure conservation objectives are achieved as well as long-term fishery sustainability, and that the social and economic needs of fishing communities are taken into account.
Because the ocean recreational salmon fishery occurs in Pacific Ocean waters across multiple jurisdictions (states of Washington and Oregon, tribal, and federal), developing and considering ocean recreational salmon season options through PFMC ensures that fishing regulations are developed in a comprehensive, coordinated manner. Having consistent regulations in state and federal waters also promotes compliance with and enforcement of fishing regulations, particularly as anglers often fish in both state and federal waters on the same fishing trip.
The immediate adoption of this rule is necessary for the preservation of the public health, safety, or general welfare, and observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
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 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 23, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-313-07000YCoastal salmonSaltwater seasons and daily limits.
Effective July 27 through September 30, 2020 the provisions of WAC 220-313-070 regarding recreational salmon seasons for Marine Area 1 shall be as described below. All other provisions of WAC 220-313-070 not addressed herein remain in effect unless otherwise amended by emergency rule:
Catch Record Card Area 1: Closed.
REPEALER
The following of the Washington Administrative Code is repealed effective July 27, 2020:
WAC 220-313-07000X
Coastal salmonSaltwater seasons and daily limits.
The following of the Washington Administrative Code is repealed effective October 1, 2020:
WAC 220-313-07000Y
Coastal salmonSaltwater seasons and daily limits.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.