[Order 22-132—Filed July 11, 2022, 8:51 a.m., effective July 25, 2022]

Effective Date of Rule: July 25, 2022.

Purpose: The purpose of this emergency rule is to open recreational salmon seasons in Catch Record Card Area 4.

Citation of Rules Affected by this Order: Repealing WAC 220-313-07500I; 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 sufficient quota remains to reopen Neah Bay to fishing for Chinook and coho in late July. Waters east of the Bonilla-Tatoosh line will remain closed until August 1 to limit Chinook catch and help ensure that the fishery remains within its Chinook guideline for the remainder of the season. When the waters East of the Bonilla-Tatoosh line reopen, Chinook retention will not be allowed in that area, consistent with the preseason fishing plan.

This rule also maintains previously established recreational salmon seasons in Areas 1, 2, and 3.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 8, 2022.

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

Effective July 25 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) Immediately 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 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.

(b) Open October 5 through October 8, 2022 only in the area north of 47°50'00N. lat. and south of 48°00'00"N. lat.:

(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:

(a) Open July 25 through July 31, 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) Closed in waters east of the Bonilla-Tatoosh line.

(b) Open August 1 through September 30, 2022:

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

(ii) Release chum and wild coho.

(iii) Chinook minimum length 24 inches.

(iv) Coho minimum length 16 inches.

(v) Chinook retention prohibited 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 25, 2022:

Pacific Ocean salmon—Seasons—Closed areas. (22-127)