WSR 22-23-071
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-266—Filed November 10, 2022, 10:25 a.m., effective November 12, 2022]
Effective Date of Rule: November 12, 2022.
Purpose: The purpose of this emergency rule is to increase the adult salmon daily limit in Grays Harbor and Chehalis system salmon fisheries.
Citation of Rules Affected by this Order: Amending WAC 220-312-020 and 220-312-070.
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 necessary to increase the adult salmon daily limit in the areas listed. The number of coho returning to regional hatcheries has exceeded preseason forecasts, likely due to early season closures. Evaluations of commercial catch information and trap counts indicate the returns of both natural-origin and hatchery-origin coho to the Chehalis basin are expected to meet or exceed goals. This, coupled with reduced opportunity and impacts earlier in the season due to environmental conditions, provides for increased opportunity now.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 10, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-02000XFreshwater exceptions to statewide rules—Coast.
Effective November 11, through November 30, 2022, all recreational salmon seasons for waters listed shall be 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) Black River from mouth to bridge on 128th Ave. SE (Grays Harbor/Thurston Co.):
Salmon: Daily limit 6. Up to 2 adults may be retained, including no more than 1 wild coho. Release Chinook.
(2) Chehalis River from Hwy 101 Bridge to high bridge on Weyerhaeuser 1000 line (Grays Harbor Co.).
Salmon: Daily limit 6. Up to 2 adults may be retained, including no more than 1 wild coho. Release Chinook.
(3) Elk River from Hwy 105 bridge to the confluence of Middle Branch (Grays Harbor Co.).
Salmon: Daily limit 6. Up to 2 adults may be retained, including no more than 1 wild coho. Release Chinook.
(4) Hoquiam River including West Fork from Hwy 101 bridge to Dekay Rd. (Grays Harbor Co.)
Salmon: Daily limit 6. Up to 2 adults may be retained, including no more than 1 wild coho. Release Chinook.
(5) Hoquiam River East Fork from mouth to confluence of Berryman Creek (Grays Harbor Co.).
Salmon: Daily limit 6. Up to 2 adults may be retained, including no more than 1 wild coho. Release Chinook.
(6) Johns River from Hwy 105 bridge to confluence of Ballon Creek (Grays Harbor Co.).
Salmon: Daily limit 6. Up to 2 adults may be retained, including no more than 1 wild coho. Release Chinook.
(7) Newaukum River, including South Fork from mouth to Leonard Road (Lewis Co.).
Salmon: Daily limit 6. Up to 2 adults may be retained, including no more than 1 wild coho. Release Chinook.
(8) Satsop River and East Fork from mouth to bridge at Schafer State Park (Grays Harbor Co.).
Salmon: Daily limit 6. Up to 2 adults may be retained, including no more than 1 wild coho. Release Chinook.
(9) Satsop River East Fork from 400' below Bingham Creek Hatchery dam to the dam (Grays Harbor Co.)
Salmon: Daily limit 6. Up to 2 adults may be retained, including no more than 1 wild coho. Release Chinook.
(10) Skookumchuck River from mouth to 100' below outlet of TransAlta WDFW steelhead rearing ponds (Lewis/Thurston Co.).
Salmon: Daily limit 6. Up to 2 adults may be retained, including no more than 1 wild coho. Release Chinook.
(11) Van Winkle Creek from mouth to 400' below outlet of Lake Aberdeen Hatchery (Grays Harbor Co.).
Salmon: Daily limit 6. Up to 2 adults may be retained, including no more than 1 wild coho. Release Chinook.
(12) Wishkah River (Grays Harbor Co.), from the mouth to 200' below the weir at the Wishkah Rearing Ponds and from 150' upstream to 150' downstream of the Wishkah adult attraction channel/outfall structure (within the posted fishing boundary).
Salmon: Daily limit 6. Up to 2 adults may be retained, including no more than 1 wild coho. Release Chinook.
(13) Wynoochee River from mouth to WDFW White Bridge access site (Grays Harbor Co.).
Salmon: Daily limit 6. Up to 2 adults may be retained, including no more than 1 wild coho. Release Chinook.
NEW SECTION
WAC 220-313-07000BCoastal salmon—Saltwater seasons and daily limits.
Effective November 11, through November 30, 2022 the provisions of WAC 220-313-070 regarding recreational salmon seasons for Catch Record Card Area 2-2 East Grays Harbor Fishery shall be as described below. All other provisions of WAC 220-313-070 not addressed herein remain in effect unless otherwise amended by emergency rule:
Catch Record Card Area 2-2; easterly of a projected line from the mouth of Johns River (Hwy. 105 Bridge) to the Tripod Station on Brackenridge Bluff (46°59.12'N, 124°00.72'W) through channel marker 27 (green):
Salmon: Daily limit 2, including no more than 1 wild coho. Release Chinook.