Purpose: The purpose of this emergency rule is to add an additional day to the commercial salmon season in Willapa Bay Catch Areas 2N, 2M, 2T, and 2U.

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 add an additional day to the commercial fishery in Willapa Bay Salmon Management and Catch Reporting Area[s] 2N, 2M, 2U and 2T in the week of September 28 through October 3, 2020. To accommodate this additional day of fishing, the scheduled opening days have been changed from October 1, 2020, to September 30 and October 2, 2020.

The marine fisheries are currently still within the preseason predicted number of unmarked Chinook salmon impacts to attain the conservation objective of a fourteen percent impact rate cap to natural origin Willapa River and Naselle River Chinook salmon. The harvest of coho, both hatchery and natural origin, in the commercial fishery has far exceeded preseason predictions.

The department utilizes a modeling tool to evaluate the runsize of coho in-season that is based on the catch per unit effort of the commercial fisheries. This in-season update model (ISU) has been applied in the last few years and it becomes statistically significant in statistical week thirty-eight (mid-September). The significance improves as more data are added through time. Currently, we are in statistical week forty (Sept. 27 - Oct. 3, 2020) and the ISU model is predicting a natural origin coho runsize between 35,788 to 69,656 fish. This prediction is much higher than the preseason forecasted runsize of 16,074 natural origin coho.

The department also utilizes a model to plan fisheries preseason, the Willapa Bay Terminal Area Management Model (TAMM). This model will estimate catch, impacts, escapements, and harvest rates for each fishery by species. Adding the predicted coho natural origin runsize from the ISU to the TAMM finalized from our 2020 North of Falcon process, the TAMM model predicts a natural origin coho escapement of 38,335 fish. This is 21,735 fish above the escapement goal of 13,600 for natural origin coho.

Early indications from the ISU and TAMM models suggests the preseason management objectives would still be attained for all three species; Chinook salmon (fourteen percent impact rate cap), coho (13,600 natural origin spawners), and chum (ten percent impact rate cap).

In addition, the commercial fishery lost opportunity early in the season to conserve unmarked Chinook salmon impacts and with minimal Chinook salmon impacts likely to occur in successive weeks, coupled with the predicted increased harvest potential of hatchery coho, the department has decided to make additional changes to the upcoming commercial schedule for statistical week forty. The commercial fishing opportunity in statistical week forty (Sept. 27 - Oct. 3, 2020) will be increased from two days (Monday and Thursday) to three days (Monday, Wednesday, and Friday).

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 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.

Effective September 29 through October 3, 2020, it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes, except during the times and dates in the Willapa Bay Catch Reporting Areas listed below, using only gear with mesh size listed below. All other provisions of WAC 220-354-250 not addressed herein remain in effect unless otherwise amended by emergency rule:

Fishing periods:

Area	Time	Date(s)	Gear type	Maximum mesh size
2N, 2M, 2T, 2U	7:00 a.m. through 7:00 p.m.	9/30, 10/2	Small mesh gillnet gear	6.5"

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.