WSR 20-19-091

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 20-194—Filed September 17, 2020, 9:50 a.m., effective September 17, 2020]

Effective Date of Rule: September 17, 2020.

Purpose: The purpose of this rule is to close the commercial fishery in Willapa Bay Salmon Management and Catch Reporting Area 2M and 2U on September 17 and delay openings in Areas 2N, 2M, 2U and 2T from September 21 and 24 to September 22 and 25 respectively while also changing allowable gear during these two days to tangle net gear with 4.25" maximum mesh size.

Citation of Rules Affected by this Order: Repealing WAC 220-354-25000E and 220-354-25000F; and amending WAC 220-354-250.

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 emergency rule is needed to close the commercial fishery in Willapa Bay Salmon Management and Catch Reporting Area 2M and 2U on September 17 and delay openings in Areas 2N, 2M, 2U, and 2T from September 21 and 24 to September 22 and 25 respectively while also changing allowable gear during these two days to tangle net gear with 4.25" maximum mesh size.

Due to the weather system this past week, that came in weaker than initially expected producing less rain and the lack of Chinook recruitment to hatchery facilities necessary to meet escapement objectives that are higher than in past years, coupled with the high encounter rate of unmarked Chinook in the commercial fisheries prosecuted so far, the department has decided to make these additional changes to the upcoming commercial schedule for this week and next.

The impacts of natural origin fall Chinook and coho have been higher than preseason predictions. Based on preseason predictions and uncertainty around run sizes of Chinook and coho in-season, a modification of the commercial fishery is necessary to help ensure that conservation objectives for Chinook and coho are met. For statistical week thirty-seven (September 6 through 12, 2020), the total impacts predicted preseason for natural origin Chinook was twenty-five fish and the natural origin coho catch predicted preseason was one hundred fourteen. The estimated impacts for natural origin Chinook and natural origin coho in-season for statistical week thirty-seven is one hundred and one hundred eighty, respectively. This is a four hundred percent increase for Chinook and a one hundred fifty-eight percent increase for coho compared to preseason predictions.

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: September 16, 2020.

Nate Pamplin

for Kelly Susewind

Director

The following section of the Washington Administrative Code is repealed effective September 17, 2020:

The following section of the Washington Administrative Code is repealed effective September 26, 2020: