[Order 23-116—Filed July 6, 2023, 3:01 p.m., effective July 8, 2023]

Effective Date of Rule: July 8, 2023.

Purpose: The purpose of this emergency rule is to raise Chinook limits in Catch Record Card Areas 3 and 4.

Citation of Rules Affected by this Order: Repealing WAC 220-313-07500Q; 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: The purpose of this rule is to modify ocean recreational salmon seasons in Marine Areas 3 and 4 to allow daily retention of up to two Chinook salmon. Based on catch to date and projected catch later in the season, sufficient quota remains to allow daily retention of two Chinook per angler without requiring early closure of the fishery in these areas.

This rule maintains previously established recreational seasons in Areas 1 and 2.

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 for the Washington state department of fish and wildlife to adopt consistent regulations through the permanent rule-making process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 6, 2023.

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

Effective July 8, through October 7, 2023, 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 July 8, through September 30, 2023:

(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 July 8, through September 30, 2023:

(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) July 8, through September 30, 2023, the Grays Harbor Control Zone is open. See WAC 220-306-040.

(3) Catch Record Card Area 3:

(a) Open July 8, through July 31, 2023:

(i) Daily limit of 2 salmon.

(ii) Release wild coho.

(iii) Chinook minimum length 24 inches.

(iv) Coho minimum length 16 inches.

(b) Open July 8, through September 30, 2023:

(i) Daily limit of 2 salmon.

(ii) Release wild coho and chum.

(iii) Chinook minimum length 24 inches.

(iv) Coho minimum length 16 inches.

(i) Daily limit 1 Chinook salmon only.

(ii) Release all salmon except Chinook.

(iii) Chinook minimum length 24 inches.

(4) Catch Record Card Area 4:

(a) Open July 8, through July 31, 2023:

(i) Daily limit of 2 salmon.

(ii) Release wild coho.

(iii) Chinook minimum length 24 inches.

(iv) Coho minimum length 16 inches.

(v) Waters east of a true north-south line through Sail Rock are closed.

(b) Open August 1, through September 30, 2023:

(i) Daily limit of 2 salmon.

(ii) Release wild coho and chum.

(iii) Release Chinook in waters east of the Bonilla-Tatoosh line.

(iv) Chinook minimum length 24 inches.

(v) Coho minimum length 16 inches.

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 8, 2023:

Pacific Ocean salmon—Seasons—Closed areas. (23-91)

Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 220-313-07500Q is probably intended to be WAC 220-313-07500G.