WSR 24-20-010
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-198—Filed September 19, 2024, 2:25 p.m., effective September 20, 2024]
Effective Date of Rule: September 20, 2024.
Purpose: The purpose of this rule is to open commercial salmon fishing in Willapa Bay Salmon Management and Catch Reporting Area 2M and to switch commercial fishing gear to small mesh gillnet (maximum 6.5") in Willapa Bay Salmon Management and Catch Reporting Area 2U, both on September 20, 2024.
Citation of Rules Affected by this Order: Amending WAC 220-354-250.
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 open the commercial fishery in Willapa Bay Salmon Management and Catch Reporting Area 2M and change mesh size in Area 2U on September 20, 2024. The catch for the Willapa Bay commercial fishery for both Chinook and coho has been lower than preseason predictions. The estimated preseason impacts for natural origin (NOR) Chinook for statistical weeks 38 are 118 fish. To date in statistical week 38, the fishery has accrued 38 NOR Chinook impacts. In total, the fishery has accrued 114 NOR Chinook impacts, or 27.8 percent, of the preseason prediction for weeks 33 – 38 combined.
The total catch for Willapa Bay commercial coho is 4,507 to date, or 17.3 percent, of the preseason prediction through statistical week 38. Of those, only 5.4 percent are natural origin coho. Opening 2M for one 12-hour fishery would allow for approximately 440 additional hatchery coho to be caught in the commercial fishery, while minimizing impacts to NOR Chinook and NOR coho. Managers will continue to assess the fishery each opener and make any changes if warranted. All other rules remain in effect.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.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: September 19, 2024.
Kelly Susewind
Director
NEW SECTION
WAC 220-354-25000IWillapa Bay salmon fall fishery.
Notwithstanding the provisions of WAC 220-354-250, the following seasons for Willapa Bay commercial salmon area 2U and 2M on September 20, 2024, shall be modified as described herein. All other provisions of WAC 220-354-250, not contained herein remain in effect unless otherwise altered by emergency rule:
Gillnet gear may be used to fish for coho salmon, chum salmon, and adipose clipped Chinook salmon marked with a clipped adipose fin with a healed scar, during dates and times and in areas listed in the table below:
| Area | Time | Date | Maximum Mesh Size | |
| 2U | 7:00 a.m. through 7:00 p.m. | September 20, 2024 | 6.5" | |
| 2M | 7:00 a.m. through 7:00 p.m. | September 20, 2024 | 6.5" | |