WSR 22-07-052

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 22-43—Filed March 15, 2022, 11:02 a.m., effective March 16, 2022]

Effective Date of Rule: March 16, 2022.

Purpose: The purpose of this emergency rule is to return Marine Area (MA) 10 salmon seasons to permanent rules.

Citation of Rules Affected by this Order: Repealing WAC 220-313-06000T.

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: The MA-10 winter Chinook fishery reopened on February 24 after a brief pause early in the season, and since that time the fishery has reached 25 percent of the total encounters (8,475), 22 percent of sublegal encounters (7,319) and 26 percent of unmarked encounters (1,105) agreed to in this year's list of agreed fisheries. Test fishing has indicated a higher rate of legal marked fish in MA-10, which has lowered the overall encounter rates throughout the season, providing adequate encounters to open more days and raise the retention limit for the remainder of the winter Chinook fishery. The MA-10 winter season is scheduled to close on March 31.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 15, 2022.

Amy H. Windrope

for Kelly Susewind

Director

The following section of Washington Administrative Code is repealed, effective March 16, 2022: