WSR 18-20-067
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-271—Filed September 27, 2018, 5:04 p.m., effective September 28, 2018]
Effective Date of Rule: September 28, 2018.
Purpose: Amend Willapa Bay commercial fishery.
Citation of Rules Affected by this Order: Repealing WAC 220-354-25000B; and amending WAC 220-354-250.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04.045 [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 needed to open limited commercial salmon fisheries in Willapa Bay. Fall Chinook returning to tributaries of Willapa Bay have been significantly lower than preseason predictions. Historic run-timing and stock composition data suggests minimal fall Chinook encounters are likely to occur during these selected fisheries. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 27, 2018.
James B. Scott, Jr.
for Kelly Susewind
Director
NEW SECTION
WAC 220-354-25000CWillapa Bay salmon fall fishery.
Notwithstanding the provisions of WAC 220-354-250, effective September 28, 2018, until further notice:
(1) It is unlawful to fish for commercial purposes in Willapa Bay Salmon Management and Catch reporting Areas except gillnet gear may be used to fish for coho salmon and chum salmon in:
Area
Time
Date(s)
Maximum
Mesh Size
2M, 2N, 2T,
7:00 a.m. through 7:00 p.m.
9/28, 10/1, 10/2,
10/3, 10/4, 10/5
6.5"
2U
7:00 a.m. through 7:00 p.m.
9/28, 10/1, 10/2,
10/3, 10/4, 10/5
4.25"
(2) Retention of any species other than coho or chum salmon is prohibited.
REPEALER
The following section of the Washington Administrative Code is repealed effective September 28, 2018:
WAC 220-354-25000B
Willapa Bay salmon fall fishery. (18-265)