WSR 20-15-082
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-135—Filed July 15, 2020, 8:52 a.m., effective July 18, 2020]
Effective Date of Rule: July 18, 2020.
Purpose: The purpose of this rule is to open sockeye retention seasons in Baker Lake.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000Q; and amending WAC 220-312-040.
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 seasons for sockeye salmon in Baker Lake. The 2020 Baker Lake sockeye preseason forecast was especially low this year, in response, the Washington department of fish and wildlife (WDFW) initially took a conservative approach. Some thought it was unlikely that numbers of returning fish would be sufficient for a recreational fishery while others thought a fishery was possible but wanted to wait until we had updated run size data before scheduling one. It was decided to put a placeholder in the list of agreed-to fisheries whereby a fishery could be evaluated if two thousand five hundred sockeye were hauled to the lake. As of July 12, over two thousand five hundred sockeye have been hauled to the lake, thus initiating a discussion with the comanagers who have agreed with WDFW that a recreational sockeye fishery within the lake may begin on July 18. WDFW plans to closely monitor the fishery to ensure the allowable harvest is not exceeded, which is when the estimated fish remaining in the lake is one thousand five hundred. The length of the fishery will depend on how many fish are caught and the number of new fish being hauled. The fishery could close earlier than the anticipated closing date of September 7th if escapement and conservation goals appear to be in jeopardy.
The department finds that opening the Baker Lake sockeye fishery through the adoption of this rule promotes the general public welfare and that observing the time requirements of notice and opportunity to comment upon the adoption of a permanent rule is contrary to the public's interest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 14, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000QFreshwater exceptions to statewide rules—Puget Sound.
Effective July 18 through September 7, 2020, the following provisions of WAC 220-312-040 regarding recreational salmon seasons fishing for Baker Lake, shall be as described below. All other provisions of WAC 220-312-040 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
Baker Lake (Whatcom Co.): Salmon:
(a) Daily limit 2 sockeye only. Minimum size 18 inches.
(b) Each angler aboard a vessel may deploy salmon angling gear until the daily salmon limit for all anglers aboard has been achieved.
REPEALER
The following section of the Washington Administrative Code is repealed effective September 8, 2020:
WAC 220-312-04000Q | Freshwater exceptions to statewide rules—Puget Sound. |