WSR 22-10-095

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 22-65—Filed May 4, 2022, 6:00 p.m., effective May 4, 2022]

Effective Date of Rule: May 4, 2022.

Purpose: The purpose of this emergency rule is to close spring Chinook fisheries from Bonneville Dam to the Oregon/Washington state line at Hwy. 730.

Citation of Rules Affected by this Order: Repealing WAC 220-312-06000I.

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: Catch estimates for the mainstem spring Chinook fishery from Bonneville Dam to the Oregon/Washington state line indicate the preupdate allowable catch for upriver spring Chinook has been met. Upriver spring Chinook are the surrogate for Endangered Species Act-listed spring Chinook above Bonneville Dam. Joint state action is necessary to limit additional upriver spring Chinook catches.

Staff will continue to monitor the run and assess catch information to determine if the fishery can reopen at a later date. The U.S. v. OR technical advisory committee has not yet provided a run size update on the upriver spring Chinook run, which typically occurs in mid-May.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 3, 2022.

Kelly Susewind

Director

The following section of Washington Administrative Code is repealed, effective May 4, 2022: