WSR 21-11-114

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed May 19, 2021, 11:16 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 21-02-079 filed January 5, 2021.

Title of Rule and Other Identifying Information: The department is considering amendments to current recreational fishing rules resulting from stakeholder recommendations made during North of Falcon meetings: WAC 220-220-160 Two-pole endorsement, 220-312-020 Freshwater exceptions to statewide rules—Coast, 220-312-030 Freshwater exceptions to statewide rules—Southwest, 220-312-040 Freshwater exceptions to statewide rules—Puget Sound, 220-312-050 Freshwater exceptions to statewide rules—Eastside, 220-312-060 Freshwater exceptions to statewide rules—Columbia River, 220-313-060 Puget Sound salmon—Saltwater seasons and daily limits, and 220-313-070 Coastal salmon—Saltwater seasons and daily limits.

Hearing Location(s): On June 22, 2021, at 9:00 a.m., Zoom webinar. Register for this webinar https://us02web.zoom.us/webinar/register/WN_VaVjG8BOSq2sxdVAwPocHQ. After registering, you will receive a confirmation email containing information about joining the webinar.

Date of Intended Adoption: June 30, 2021.

Submit Written Comments to: 2021 North of Falcon - Recreational Fisheries Rule Making, P.O. Box 43152, Olympia, WA 98501, email 24113@PublicInput.com, fax 360-902-2155, phone transcription 855-925-2801, project code 5109, by June 22, 2021.

Assistance for Persons with Disabilities: Contact Title VI/ADA compliance coordinator, phone 360-902-2349, TTY 711, TTY 360-902-2207, email Title6@dfw.wa.gov, https://wdfw.wa.gov/accessibility/requests-accommodation, by June 22, 2021.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules were developed through the annual North of Falcon salmon season setting process, which began in January 2021, and provide the season schedule for the 2021 recreational fisheries statewide.

These proposed rules regulate the recreational salmon fisheries statewide and are part of a comprehensive rule-making package to implement the new 2021-22 salmon seasons for Washington state developed through the broader North of Falcon process pursuant to the fish and wildlife commission's North of Falcon Policy C-3608 for 2019-2023. As such, the seasons specified in these proposed rules are structured in a coordinated manner intended to provide commercial and recreational fishing opportunities while ensuring conservation requirements and management objectives in federal and state laws and regulations, state/tribal harvest management agreements, and fish and wildlife commission policies are met. Even though drafted as amendments to preceding rules, these new amendments function as a coordinated and unitary fishery package for the 2020-21 fishery season, and thus substantively replace prior years' recreational salmon fisheries. Comments should be considered and provided with that understanding.

The intent of this rule-making package, once adopted, is to replace and supersede the language in these WAC in their entirety: WAC 220-220-160 Two-pole endorsement, 220-312-020 Freshwater exceptions to statewide rules—Coast, 220-312-030 Freshwater exceptions to statewide rules—Southwest, 220-312-040 Freshwater exceptions to statewide rules—Puget Sound, 220-312-050 Freshwater exceptions to statewide rules—Eastside, 220-312-060 Freshwater exceptions to statewide rules—Columbia River, 220-313-060 Puget Sound salmon—Saltwater seasons and daily limits, and 220-313-070 Coastal salmon—Saltwater seasons and daily limits.

The Washington department of fish and wildlife (WDFW) is proposing specific revisions to these rules to describe the seasons and dates for these fisheries for 2021. However, all of the provisions encompassed within the WAC listed above are available for public review and comment, and WDFW will consider all public comments received on this rule making.

Reasons Supporting Proposal: The proposed rules were developed through the annual North of Falcon salmon season setting process, which is an extensive stakeholder engagement process to develop and analyze various season options for recreational, commercial, and tribal fisheries for the current year. It is named "North of Falcon" as it includes setting the salmon seasons for the area north of Cape Falcon, Oregon, which is located at 45 degrees N. latitude.

The North of Falcon process typically begins in January and consists of government-to-government meetings involving the National Marine Fisheries Service (NMFS), treaty tribes, and WDFW representatives. Separate meetings are held with stakeholders—both at a statewide and regional level—to review preseason run size forecasts, NMFS guidance relative to allowable impacts for species listed under the Endangered Species Act (ESA), which includes salmon, but other protected species as well, such as southern resident killer whales.

Ocean fishery seasons are developed through the Pacific Fishery Management Council process, which is concurrent with and part of the broader North of Falcon process, with meetings in early March and early April. Ocean fishery options are also analyzed and considered in light of potential ESA-listed species impacts and state/tribal harvest agreements and are also reviewed for consistency with the Pacific Salmon Treaty.

Stakeholder meetings specific to the Puget Sound fisheries were held in February, March, and early April. The comprehensive North of Falcon meeting schedule and the meeting agendas, handouts, and audio recordings of the public meetings are available on WDFW's website at https://wdfw.wa.gov/fishing/management/north-falcon/public-meetings.

Even though the governor has amended the "Stay Home, Stay Healthy" Proclamation, the prohibition on gatherings with anyone outside of an individual's household members and the social distancing requirements have remained in effect. As such, WDFW anticipates that those requirements are likely to remain in place through the time of scheduled public hearing on this rule making; therefore, we have indicated that the hearing will occur via webinar.

Instructions regarding how the public may participate in the public hearing for the rule proposal webinar will be posted on the agency's website at https://wdfw.wa.gov/fishing/management/north-falcon as soon as they become available.

Members of the public who would like to submit written comments on this rule proposal online can visit: 2021 North of Falcon - Recreational Fisheries Rule Making [contact agency for link].

Statutory Authority for Adoption: RCW 77.32.470, 77.04.012, 77.04.013, 77.04.055, and 77.12.047.

Statute Being Implemented: RCW 77.32.470 ,77.04.012, 77.04.013, 77.04.055, and 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: WDFW, governmental.

Name of Agency Personnel Responsible for Drafting: Kelly Henderson, 1111 Washington Street, Olympia, WA 98501, 360-902-2684; Implementation: Kyle Adicks, 1111 Washington Street, Olympia, WA 98501, 360-902-2664; and Enforcement: Chief Steve Bear, 1111 Washington Street, Olympia, WA 98501, 360-902-2373.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4). This chapter does not apply to the adoption of a rule if an agency is able to demonstrate that the proposed rule does not affect small businesses.

Explanation of exemptions: The department is exempt from the requirements of chapter 19.85 RCW because the proposed recreational fishing rules do not regulate small businesses; rather, the department's proposed fishing rules open fishing seasons, and provide fishing opportunity, that would otherwise be closed. In doing so, the proposed rules regulate individuals who undertake recreational fishing activities. The proposed statewide recreational rules simply govern the time, place and manner for individuals who want to enjoy the recreational fishing opportunities provided. While recreational fisheries contribute to statewide or local economies, and while those economic effects are part of the department's consideration in opening fisheries, the economic effect of different possible recreational fishery packages does not constitute the direct imposition of any regulatory compliance costs on small businesses that supply recreational fishers, or that benefit from the state's decision to open such fisheries.

May 19, 2021

Annie Szvetecz

Rules Coordinator

OTS-3037.1

OTS-3046.2

OTS-3039.3

OTS-3045.3

OTS-3040.2

OTS-3041.3