WSR 20-21-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 20-226—Filed October 9, 2020, 11:55 a.m., effective October 9, 2020, 11:55 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The purpose of this emergency rule is to open coho retention in the Palix River, from the mouth to the confluence of the Middle Fork.

Citation of Rules Affected by this Order: Repealing WAC 220-312-02000D and 220-312-02000E; and amending WAC 220-312-020.

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 open the retention of coho in the Palix River. Other freshwater recreational fisheries within Willapa Bay opened for coho retention October 3, 2020. The department inadvertently left the Palix River out of that filing (WSR 20-20-084) but intended to open it for coho retention.

The marine fisheries are currently still within the preseason predicted number of unmarked Chinook salmon impacts to attain the conservation objective of a fourteen percent impact rate cap to natural origin Willapa River and Naselle River Chinook salmon. The harvest of coho, both hatchery and natural origin, in the commercial fishery has far exceeded preseason predictions. The department utilizes a modeling tool to evaluate the runsize of coho in-season that is based on the catch per unit effort of the commercial fisheries. This in-season update model (ISU) has been applied in the last few years and it becomes statistically significant in statistical week thirty-eight (mid-September). The significance improves as more data are added through time. Currently, we are in statistical week forty (Sept. 27-Oct. 3, 2020) and the ISU model is predicting a natural origin coho runsize between 47,731 to 56,265 fish. This prediction is much higher than the preseason forecasted runsize of 16,074 natural origin coho. The department also utilizes a model to plan fisheries preseason, the Willapa Bay Terminal Area Management Model (TAMM). This model will estimate catch, impacts, escapements, and harvest rates for each fishery by species. Adding the predicted coho natural origin runsize from the ISU to the TAMM finalized from our 2020 North of Falcon process, the TAMM model predicts a natural origin coho escapement of 39,487 fish. This is 25,887 fish above the escapement goal of 13,600 for natural origin coho.

Early indications from the ISU and TAMM models suggests the preseason management objectives would still be attained for all three species; Chinook salmon (fourteen percent impact rate cap), coho (13,600 natural origin spawners), and chum (ten percent impact rate cap).

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: October 9, 2020.

Amy H. Windrope

for Kelly Susewind

Director

The following section of the Washington Administrative Code is repealed, effective immediately:

The following section of the Washington Administrative Code is repealed, effective February 1, 2021: