WSR 19-15-002
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-151—Filed July 3, 2019, 2:54 p.m., effective July 8, 2019]
Effective Date of Rule: July 8, 2019.
Purpose: Amends recreational coastal saltwater salmon rules.
Citation of Rules Affected by this Order: Repealing WAC 220-313-07000M; and amending WAC 220-313-070.
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 department is in the process of adopting permanent rules that are necessary to implement the personal use fishing plans agreed to with resource comanagers at the North of Falcon proceedings. These emergency rules are necessary to comply with agreed-to management plans, and are interim until permanent rules take effect. Catch Area 4 is expected to reach its Chinook guideline well before September 30 at current catch rates, which would require closure of the fishery in the area; this rule should reduce Chinook catch in Area 4 and extend the fishing season to provide opportunity to access both Chinook and coho in the area. These rules are adopted at the recommendation of the Pacific Fisheries Management Council, and the National Marine Fisheries Service is adopting identical rules for federal waters. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 3, 2019.
Kelly Cunningham
for Kelly Susewind
Director
NEW SECTION
WAC 220-313-07000NCoastal salmonSaltwater seasons and daily limits.
Notwithstanding the provisions of WAC 220-313-070, effective immediately until further notice, it is unlawful to violate the provisions below. Unless otherwise amended, all permanent rules remain in effect:
(1) Catch Record Card Area 1:
(a) Open immediately until further notice:
(i) Daily limit of 2 salmon; no more than one may be a Chinook.
(ii) Release wild coho.
(b) Closed in the Columbia River Mouth Control Zone 1 during all open periods.
See WAC 220-313-020.
(2) Catch Record Card Area 2:
(a) Open immediately until further notice:
(i) Daily limit of 2 salmon; no more than one may be a Chinook.
(ii) Release wild coho.
(iii) Beginning August 12, the Grays Harbor Control Zone is closed. Grays Harbor Control Zone – The area defined by a line drawn from the Westport Lighthouse (46°53.18'N latitude, 124°07.01'W longitude) to Buoy #2 (46°52.42'N latitude, 124°12.42'W longitude) to Buoy #3 (46°55.00'N latitude, 124°14.48'W longitude) to the Grays Harbor north jetty (46°55.36'N latitude, 124°10.51'W longitude).
(3) Willapa Bay (Catch Record Card Area 2-1):
(a) Immediately through July 31: Open concurrent with Area 2 when Area 2 is open for salmon angling. Area 2 rules apply.
(4) Grays Harbor (Catch Record Card Area 2-2 east of the Buoy 13 line):
(a) Immediately through July 31: Closed.
(5) Grays Harbor (Catch Record Card Area 2-2 west of the Buoy 13 line):
(a) Immediately through August 11: Open concurrent with Area 2 when Area 2 is open for salmon angling. Area 2 rules apply.
(b) August 12 until further notice: Closed.
(6) Catch Record Card Area 3:
(a) Open immediately until further notice:
(i) Daily limit of 2 salmon.
(ii) Release wild coho.
(7) Catch Record Card Area 4:
(a) Open immediately until further notice:
(i) Daily limit of 2 salmon; no more than one may be a Chinook.
(ii) Release wild coho.
(iii) Waters east of a true north-south line through Sail Rock are closed through July 31
(iv) No chinook retention in waters east of the Bonilla-Tatoosh line beginning August 1.
(v) Release chum salmon beginning August 1.
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.
REPEALER
The following section of the Washington Administrative Code is repealed effective July 8, 2019:
WAC 220-313-07000M
Coastal salmonSaltwater seasons and daily limits. (19-93)