WSR 20-22-071

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 20-240—Filed October 31, 2020, 3:23 p.m., effective November 1, 2020]

Effective Date of Rule: November 1, 2020.

Purpose: The purpose of this rule is to close commercial gillnet and purse seine fisheries in Puget Sound Salmon Management and Catch Reporting Areas 10, 11, 12, 12B, and 12C.

Citation of Rules Affected by this Order: Repealing WAC 220-354-16000I and 220-354-12000Z; and amending WAC 220-354-160 and 220-354-120.

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 adjust commercial gillnet and purse seine salmon fisheries in Puget Sound Salmon Management and Catch Reporting Areas 10, 11, 12, 12B, and 12C.

Fishery openings planned in Areas 10 and 11 are contingent on a test fishery based run-size update that predicts sufficient harvestable surplus, and in-season agreement from tribal comanagers as agreed to in the 2020-21 list of agreed to fisheries. An agreement on nontreaty commercial harvest targeting chum salmon could not be reached in-season between comanagers.

In-season information for nontribal commercial chum fisheries in Marine Areas 12 and 12B have indicated a run size of 354,358 which leaves a nontribal share of 130,398 chum. To date the nontreaty total harvest of chum is 54,191. These catches are well below the pre-season expected catch to date and the state believes the run size may be lower than what the in-season information indicates. The state agreed to close its fisheries to contribute to natural escapement goals and hatchery broodstock goals of chum salmon.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.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 31, 2020.

Kelly Susewind

Director

The following section of the Washington Administrative Code is repealed effective November 19, 2020:

The following section of the Washington Administrative Code is repealed effective November 18, 2020: