[Order 22-181—Filed August 25, 2022, 1:50 p.m., effective August 27, 2022]

Effective Date of Rule: August 27, 2022.

Purpose: The purpose of this emergency rule is to allow retention of unmarked coho in Catch Record Card Area 2.

Citation of Rules Affected by this Order: Repealing WAC 220-313-07500N; 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 adjust daily limits in Catch Record Card Area 2. Mark rates for coho have been lower than expected in Area 2, increasing encounters with Chinook and wild coho as anglers pursue marked coho. A reduction in the remaining quota for the Area 2 fishery was implemented in conjunction with this change to ensure that allowing catch of unmarked coho will not increase impacts on wild coho stocks of concern. Allowing retention of unmarked coho may reduce the length of the season but should increase the quality of remaining fishing opportunity.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 25, 2022.

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

Effective August 27, 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.

(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 chum and wild coho.

(iii) Chinook minimum length 24 inches.

(iv) 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 27, 2022:

Pacific Ocean salmon—Seasons—Closed areas. (22-178)