WSR 22-22-058
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-251—Filed October 27, 2022, 5:04 p.m., effective October 29, 2022]
Effective Date of Rule: October 29, 2022.
Purpose: The purpose of this emergency rule is to return most coastal, Willapa Bay, and Grays Harbor tributaries to permanent rules as listed in the 2022/23 Washington Sport Fishing Rules pamphlet. Closures are maintained in the Queets River system and release of all Chinook is required in areas open to salmon on the north coast.
Citation of Rules Affected by this Order: Repealing WAC 220-312-02000U; and amending WAC 220-312-020.
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: Recent rain events have increased stream flows sufficiently to allow salmon migration to continue upstream, thereby allowing most recreational fisheries in Willapa Bay, Grays Harbor, and north coast tributaries to return to permanent rules as listed in the 2022/23 Washington Sport Fishing Rules pamphlet, with some exceptions.
Continued Chinook conservation concerns require that waters with the Queets River system (Clearwater and Salmon rivers) remain closed to fishing until further notice and release of all Chinook will be required in areas open for salmon in Bogachiel, Calawah, Dickey, Hoh, Quillayute, Upper Quinault, and Sol Duc rivers. These measures will assist in achieving Chinook spawning and escapement goals, as normal spawn timing has been impacted greatly by lack of water due to dry weather conditions over summer and into fall.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: October 27, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-02000WFreshwater exceptions to statewide rulesCoast.
Effective October 29, 2022, until further notice, recreational fishing seasons shall be modified in areas and during times as described herein. All other provisions of WAC 220-312-020 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
(1) All species: Effective immediately through October 30, 2022: The following areas, including ALL tributaries to listed areas are Closed Waters:
(a) Bear Creek (Clallam Co.) (Bogachiel Tributary)
(b) Bear Creek (Clallam Co.) (Sol Duc Tributary)
(c) Beaver Creek (Clallam Co.)
(d) Big River (Clallam Co.), outside of Olympic National Park.
(e) Bogachiel River (Clallam Co.), from the mouth to Olympic National Park boundary.
(f) Calawah River, (Clallam Co.), including the North and South Forks, from the mouth upstream to the Olympic National Park boundary.
(g) Cedar Creek (Jefferson Co.), outside of Olympic National Park
(h) Dickey River (Clallam Co.) from the Olympic National Park boundary upstream including East and West forks.
(i) Goodman Creek (Jefferson Co.), outside of Olympic National Park boundary.
(j) Hoh River (Jefferson Co.), from Olympic National Park boundary upstream to Olympic National Park boundary below mouth of South Fork Hoh River.
(k) Hoh River, South Fork (Jefferson Co.), outside of Olympic National Park boundary.
(l) Kalaloch Creek (Jefferson Co.) outside Olympic National Park boundary.
(m) Mosquito Creek (Jefferson Co.) from Olympic National Park boundary upstream.
(n) Quillayute River (Clallam Co.), from Olympic National Park boundary upstream to confluence of the Sol Duc and Bogachiel rivers.
(o) Quinault River, Upper (Grays Harbor/Jefferson Co.), from the mouth at upper end of Quinault Lake upstream to Olympic National Park boundary.
(p) Sol Duc River (Clallam Co.), from mouth upstream to the National Park Boundary.
(q) Sooes River (Tsoo-Yess River) (Clallam Co.), outside of the Makah Indian Reservation.
(r) Thunder Creek (Clallam Co.)
(2) All species: Effective immediately, until further notice: The following areas, including ALL tributaries to listed areas are Closed Waters:
(a) Clearwater River (Jefferson Co.), from the mouth to Snahapish River.
(b) Salmon River (Jefferson Co.), from outside Quinault Indian Reservation and Olympic National Park.
(3) Salmon:
(a) Bogachiel River (Clallam Co.), from the mouth to Hwy. 101 Bridge:
Effective October 31 through December 15, 2022: Daily limit 3. Up to 1 adult may be retained. Release sockeye and Chinook.
(b) Calawah River (Clallam Co.), from the mouth to Hwy. 101 Bridge:
Effective October 31 through December 15, 2022: Daily limit 3. Up to 1 adult may be retained. Release sockeye and Chinook.
(c) Dickey River (Clallam Co.), from Olympic National Park boundary upstream to the confluence of the East and West forks:
Effective October 31 through December 15, 2022: Daily limit 3. Up to 1 adult may be retained. Release sockeye and Chinook.
(d) Hoh River (Jefferson Co.), from Olympic National Park boundary upstream to Morgans Crossing boat launch:
Effective October 31 through November 30, 2022: Daily limit 2. Up to 1 adult may be retained. Release Chinook.
(e) Quillayute River (Clallam Co.), from Olympic National Park boundary upstream to confluence of the Sol Duc and Bogachiel rivers:
Effective October 31 through December 15, 2022: Daily limit 6. Up to 3 adults may be retained, including no more than 1 wild coho. Release sockeye and Chinook.
(f) Quinault River, Upper (Grays Harbor/Jefferson Co.), from the mouth at upper end of Quinault Lake upstream to Olympic National Park boundary:
Effective October 31 through November 30, 2022: Daily limit 6. Up to 2 adults may be retained. Release sockeye, chum, and Chinook.
(g) Sol Duc River (Clallam Co.), from the mouth to concrete pump station at Sol Duc Hatchery:
Effective October 31 through December 15, 2022: Daily limit 6. Up to 3 adults may be retained, including no more than 1 wild coho. Release sockeye and Chinook.
REPEALER
The following section of Washington Administrative Code is repealed, effective October 29, 2022:
WAC 220-312-02000U
Freshwater exceptions to statewide rulesCoast. (22-230)