WSR 20-17-002
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-151—Filed August 5, 2020, 1:13 p.m., effective August 8, 2020]
Effective Date of Rule: August 8, 2020.
Purpose: The purpose of this rule is to close ocean recreational salmon seasons in Marine Area 4, in state waters and in a manner consistent with federal salmon fishing regulations adopted by the National Marine Fisheries Service in response to actions taken by the Pacific Fishery Management Council (PFMC) and following annual salmon fishery harvest specifications and management measures; this action is intended to achieve regulatory consistency in federal and state waters for the ocean recreational salmon fishery, which operates in both areas.
Citation of Rules Affected by this Order: Repealing WAC 220-313-07000Y and 220-313-07000Z; 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 purpose of this rule is to close recreational salmon seasons in Catch Record Card Area 4. As of August 2, 2020, Catch Area 4 was at eighty-six percent of recreational coho quota. Catch Area 4 is expected to reach its coho quota by the end of the day August 7, 2020; sufficient quota remains for both Chinook and coho in Catch Areas 2 and 3 to remain open, Catch Record Card Area 1 is already closed. These rules are adopted at the recommendation of PFMC.
The ocean recreational salmon fishing seasons are developed and considered through the annual PFMC process, which coincides with the North of Falcon salmon season setting process and is managed under the Pacific Coast Salmon Fishery Management Plan (FMP). By managing this fishery under the FMP, it is required to be consistent with National Standard Guidelines, which ensure conservation objectives are achieved as well as long-term fishery sustainability, and that the social and economic needs of fishing communities are taken into account.
Because the ocean recreational salmon fishery occurs in Pacific Ocean waters across multiple jurisdictions (states of Washington and Oregon, tribal, and federal), developing and considering ocean recreational salmon season options through PFMC ensures that fishing regulations are developed in a comprehensive, coordinated manner. Having consistent regulations in state and federal waters also promotes compliance with and enforcement of fishing regulations, particularly as anglers often fish in both state and federal waters on the same fishing trip.
The immediate adoption of this rule is necessary for the preservation of the public health, safety, or general welfare, and observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public 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: August 5, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-313-07000ZCoastal salmonSaltwater seasons and daily limits.
Effective August 8 through September 30, 2020 the provisions of WAC 220-313-070 regarding recreational salmon seasons for Marine Areas 1 and 4 shall be as described below. All other provisions of WAC 220-313-070 not addressed herein remain in effect unless otherwise amended by emergency rule:
(1) Catch Record Card Area 1: Closed.
(2) Catch Record Card Area 4: Closed.
REPEALER
The following section of the Washington Administrative Code is repealed effective August 8, 2020:
WAC 220-313-07000Y
Coastal salmon—Saltwater seasons and daily limits.
The following section of the Washington Administrative Code is repealed effective October 1, 2020:
WAC 220-313-07000Z
Coastal salmon—Saltwater seasons and daily limits.