[Order 22-127—Filed June 30, 2022, 4:20 p.m., effective July 2, 2022]

Effective Date of Rule: July 2, 2022.

Purpose: The purpose of this emergency rule is to close salmon seasons in Catch Record Card Area 4 and to reduce the Chinook portion of the salmon daily limit in Catch Record Card Area 3.

Citation of Rules Affected by this Order: Repealing WAC 220-313-07500H; and amending WAC 220-313-075.

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 because Neah Bay has harvested a significant portion of its Chinook quota, and closure of waters east of the Bonilla-Tatoosh line and subsequent closure of the entire area should reserve some Chinook quota for reopening the area later in the summer when more coho salmon are present. Modification of the daily limit for Area 3 is to ensure that Chinook quota in that area is not consumed quickly as more Chinook move through the area, and fishing effort potentially increases due to closure of Area 4.

This rule also maintains previously established recreational salmon seasons in Areas 1 and 2.

These rules for in-state waters are consistent with federal salmon fishing regulations adopted by the National Marine Fisheries Service in response to actions taken by the Pacific Fishery Management Council to set salmon fishery harvest specifications and management measures; this action is intended to achieve regulatory consistency in federal and state waters for the ocean recreational salmon fishery, which operates in both areas.

There is insufficient time to adopt permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.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: June 30, 2022.

WAC 220-313-07500IPacific Ocean salmon—Seasons—Closed areas.

Effective July 2 through October 8, 2022 the provisions of WAC 220-313-075 regarding recreational salmon seasons for Marine Areas 1 through 4 shall be as described below. All other provisions of WAC 220-313-075 not addressed herein remain in effect unless otherwise amended:

(1) Catch Record Card Area 1: Open immediately through September 30, 2022:

(a) Daily limit of 2 salmon; no more than one may be a Chinook.

(b) Release wild coho.

(d) Coho minimum length 16 inches.

(2) Catch Record Card Area 2: Open immediately through September 30, 2022:

(a) Daily limit of 2 salmon; no more than one may be a Chinook.

(b) Release wild coho.

(d) Coho minimum length 16 inches.

(e) July 4 through August 7, 2022 the Grays Harbor Control Zone is open. See WAC 220-306-040.

(3) Catch Record Card Area 3:

(a) Open immediately through July 3, 2022:

(i) Daily limit of 2 salmon.

(ii) Release wild coho.

(iii) Chinook minimum length 24 inches.

(iv) Coho minimum length 16 inches.

(b) Open July 4 through September 30, 2022:

(i) Daily limit of 2 salmon; no more than one may be a Chinook.

(ii) Release wild coho.

(iii) Chinook minimum length 24 inches.

(iv) Coho minimum length 16 inches.

(v) Release chum beginning August 1.

(i) Daily limit 2 Chinook salmon only.

(ii) Release all salmon except Chinook.

(iii) Chinook minimum length 24 inches.

(4) Catch Record Card Area 4: Open July 2 through July 4, 2022:

(a) Daily limit of 2 salmon; no more than one may be a Chinook.

(b) Release wild coho.

(d) Coho minimum length 16 inches.

(e) Closed in waters east of the Bonilla-Tatoosh line

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

The following section of Washington Administrative Code is repealed, effective July 2, 2022:

Pacific Ocean salmon—Seasons—Closed areas. (22-110)