WSR 22-06-036
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-23—Filed February 23, 2022, 4:33 p.m., effective March 1, 2022]
Effective Date of Rule: March 1, 2022.
Purpose: The purpose of this emergency rule is to close recreational fishing in coastal tributaries, including Grays Harbor and Willapa Bay tributaries and the Hoko River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-02000R; 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: These measures are being taken to protect wild steelhead stocks. Most coastal wild steelhead runs were expected to return well below escapement targets, as they have the past five seasons. For this reason, Washington department of fish and wildlife (WDFW) took initial measures in December of 2021 by enacting additional gear/bait restrictions, restrictions to fishing from a floating device, and early closures to coastal tributaries, including those of Grays Harbor and Willapa Bay.
At that time, forecasted 2021/2022 coastwide wild steelhead returns (26,200) were expected to fall short of escapement goals for wild steelhead (27,066). In-season analysis of data available from tribal fisheries, weir counts, and sport creel, indicate the 2021/2022 season returns of wild coastal steelhead are even lower than expected.
WDFW is taking extra precaution by including the Hoko River in this closure to avoid significantly increased fishing pressure due to its proximity to Olympic Peninsula coastal streams, as it would be the only stream open for steelhead in the area.
The rules contained in this filing will result in a reduction of wild steelhead encounters.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
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: February 23, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-02000SFreshwater exceptions to statewide rulesCoast.
Effective March 1, 2022, until further notice, all recreational fishing seasons for waters listed herein are closed. All other provisions of WAC 220-312-020 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
1. Bear River (Pacific Co.)
4. Bogachiel River (Clallam Co.)
5. Calawah River: (Clallam Co.), from the mouth to the forks
6. Chehalis River (Grays Harbor Co.), from the mouth upstream, including all forks
7. Clearwater River (Jefferson Co.), from the mouth to Snahapish River
8. Dickey River (Clallam Co.), from the Olympic National Park boundary upstream including the East and West forks
9. Elk Creek (Lewis/Pacific Co
10. Fork Creek (Pacific Co.), from Fork Creek Hatchery rack upstream 500 feet at fishing boundary sign
11. Hoh River (Jefferson Co.), from Olympic National Park boundary upstream to Olympic National Park boundary below mouth of South Fork Hoh
12. Hoh River, South Fork (Jefferson Co.), outside of Olympic National Park boundary
13. Hoko River (Clallam Co.), from mouth to the Ellis Creek Bridge (RM 18.5)
14. Humptulips River (Grays Harbor Co.), from the mouth to confluence of East and West forks and West Fork from mouth to Donkey Creek
15. Naselle River (Pacific Co.), from the Hwy. 101 Bridge to the North Fork
16. Nemah River, Middle (Pacific Co.)
17. Nemah River, North (Pacific Co.), from Hwy. 101 Bridge to Cruiser Creek
18. Nemah River, South (Pacific Co)
19. Newaukum River, including South Fork (Lewis Co.), from mouth to Hwy. 508 Bridge near Kearny Creek
20. Newaukum River, Middle Fork (Lewis Co.), from mouth to Taucher Rd. Bridge
21. Newaukum River, North (Lewis Co.), from mouth to 400' below Chehalis City water intake
22. Palix River (Pacific Co.)
23. Quillayute River (Clallam Co.), from Olympic National Park boundary upstream to confluence of Sol Duc and Bogachiel rivers
24. Quinault River (Grays Harbor/Jefferson Co.), from the mouth at upper end of Quinault Lake upstream to Olympic National Park boundary
25. Satsop River and East Fork (Grays Harbor Co.), from the mouth to bridge at Schafer State Park, and from 400' below Bingham Creek Hatchery dam to the dam and all Forks
26. Skookumchuck River (Lewis/Thurston Co.), from mouth to 100' below outlet of TransAlta WDFW steelhead rearing pond located at the base of Skookumchuck Dam
27. Sol Duc River (Clallam Co.), from mouth to Hwy. 101 Bridge upstream of Klahowya campground
28. Thunder Creek (Clallam Co.), from mouth to D2400 Rd.
29. Willapa River (Pacific Co.), from mouth (City of South Bend boat launch) to Hwy. 6 Bridge (near the town of Lebam)
30. Wynoochee River (Grays Harbor Co.)
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.
REPEALER
The following section of Washington Administrative Code is repealed effective March 1, 2022:
WAC 220-312-02000R
Freshwater exceptions to statewide rulesCoast. (21-267)