[Order 20-153—Filed August 6, 2020, 9:28 a.m., effective August 7, 2020]

Effective Date of Rule: August 7, 2020.

Purpose: The purpose of this rule is open additional Puget Sound recreational salmon harvest opportunities in Marine Areas 9, 10, and 11 by increasing the Chinook daily limit to two fish in all of these areas and opening the East Elliott Bay Fishery for an additional four days.

Citation of Rules Affected by this Order: Repealing WAC 220-313-06000U; and amending WAC 220-313-060.

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: This emergency rule is needed to increase the Chinook daily limit in Catch Record Card Areas 9, 10, and 11. Sufficient recreational harvest quota remains available to allow for an increased daily limit of Chinook in these areas; respectively, as of August 2, 2020, the Washington department of fish and wildlife (WDFW) estimates that sixty-three percent of harvest quota of six thousand five hundred forty-two fish remains in Catch Area 9, ninety percent of four thousand one hundred fifty-nine fish in Catch Area 10, and eighty-one percent of four thousand one hundred ninety-six fish in Catch Area 11. Current projections indicate these fisheries will remain within allowed ESA impacts, as well.

Immediate adoption of this rule is necessary for the preservation of public health, safety, or general welfare. Observing the 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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 6, 2020.

WAC 220-313-06000UPuget Sound salmon—Saltwater seasons and daily limits.

Effective August 7 through September 30, 2020, the following provisions of WAC 220-313-060 regarding salmon seasons for Marine Areas 9, 10, and 11 shall be modified as described below. All other provisions of WAC 220-313-060 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:

(1) Catch Record Card Area 9: Effective August 7 through August 15, 2020: Salmon; Chinook minimum size 22 inches. Other salmon species no minimum size. Daily limit 2. Release wild Chinook, chum, and wild coho.

(2) Catch Record Card Area 10:

(a) Entire Area except East Elliot Bay Fishery: Effective August 7 through August 31, 2020: Salmon; Chinook minimum size 22 inches. Other salmon species no minimum size. Daily limit 2. Release wild Chinook and chum.

(b) East Elliot Bay Fishery, waters of Elliott Bay east of a line from Duwamish Head to Pier 91 up to the mouth of the Duwamish River (an east-west line through the southernmost tip of Harbor Island): Effective 12:00 p.m. (noon) August 14 through August 17, 2020: Salmon; Chinook minimum size 22 inches. Other salmon species no minimum size. Daily limit 2. Release chum.

(3) Catch Record Card Area 11: Effective August 7 through September 30, 2020: Salmon; Chinook minimum size 22 inches. Other salmon species no minimum size. Daily limit 2. Release wild Chinook.

The following section of the Washington Administrative Code is repealed effective October 1, 2020:

Puget Sound salmon—Saltwater seasons and daily limits. (20-153)