[Order 22-178—Filed August 22, 2022, 3:53 p.m., effective August 23, 2022]

Effective Date of Rule: August 23, 2022.

Purpose: The purpose of this emergency rule is to close Chinook retention in Catch Record Card Area 1 and to reopen salmon fishing in the area within approximately three miles of the Washington shore.

Citation of Rules Affected by this Order: Repealing WAC 220-313-07500M; 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 to extend salmon season length in Catch Record Card Area 1. Area 1 catch is approaching the Chinook quota for the season, and a portion of that quota must be reserved to account for release mortalities if the area is to remain open for coho fishing. The coho quota for the area is 84,000, which will allow for significant angling opportunity during the remainder of the salmon season. There is insufficient time to adopt permanent rules.

These rules are adopted at the recommendation of the Pacific Fisheries Management Council, in accordance with preseason fishing plans, and have been adopted for federal waters by the National Oceanic and Atmospheric Administration.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 22, 2022.

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

Effective August 23, 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.

(b) Release Chinook and wild coho.

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

(a) Daily limit of 2 salmon.

(b) Release Chinook and wild coho.

(d) Possession of Chinook onboard a vessel, including in transit, is unlawful.

(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) Release chum beginning August 1.

(iv) Chinook minimum length 24 inches.

(v) Coho minimum length 16 inches.

(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: Open immediately, through September 30, 2022:

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

(b) Release chum and wild coho.

(d) Coho minimum length 16 inches.

(e) 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 August 23, 2022:

Pacific Ocean salmon—Seasons—Closed areas. (22-171)