WSR 23-17-006
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 23-149—Filed August 3, 2023, 4:29 p.m., effective August 4, 2023]
Effective Date of Rule: August 4, 2023.
Purpose: The purpose of this emergency rule is to close recreational Chinook retention and lower the coho portion of the salmon daily limit for Catch Record Card Area 10.
Citation of Rules Affected by this Order: Amending WAC 220-313-060.
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 necessary to close Chinook retention and lower the hatchery coho portion of the daily limit in Catch Record Card Area 10.
The current estimate of Chinook sublegal encounters for the summer fishery is 9,471 of 7,748 total sublegal encounters (122 percent) agreed to in this year's list of agreed fisheries. Therefore, the Washington department of fish and wildlife will close the fishery to Chinook retention.
Additionally, the current estimate of coho catch for the month of July is 11,665. The preseason expected catch of coho in the month of July was 4,810, almost 250 percent above the expected catch. The retention limit for coho is being reduced to minimize impacts on coho stocks of concern.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 3, 2023.
Kelly Susewind
Director
NEW SECTION
WAC 220-313-06000DPuget Sound salmonSaltwater seasons and daily limits.
Effective August 4 through October 31, 2023, salmon rules for Catch Record Card Area 10 shall be modified as described herein. All other provisions of WAC 220-313-060 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
(1) Catch Record Card Area 10, except; East Elliott Bay (waters of Elliott Bay east of a line from Duwamish Head to Pier 91 up to the mouth of the Duwamish River including Harbor Island), Seacrest Pier, Waterman Pier, Bremerton Boardwalk, and Illahee State Park Pier:
Effective August 4 through October 31, 2023: Salmon daily limit 2 including no more than 1 coho. Release Chinook, chum.
(2) East Elliott Bay (waters of Elliott Bay east of a line from Duwamish Head to Pier 91 up to the mouth of the Duwamish River including Harbor Island) except Seacrest Pier:
Effective August 18 through October 31, 2023: Salmon daily limit 2 including no more than 1 coho. Release Chinook, chum.