WSR 20-19-054
[Order 20-189—Filed September 10, 2020, 3:03 p.m., effective September 11, 2020]
Effective Date of Rule: September 11, 2020.
Purpose: The purpose of this rule is to close commercial salmon fishing in Willapa Bay on the days of September 11 and 14, 2020.
Citation of Rules Affected by this Order: Repealing WAC 220-354-25000E; and amended WAC 220-354-250.
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 close the commercial fishery in Willapa Bay Salmon Management and Catch Reporting Area 2T on September 11 and Areas 2N, 2M, 2U and 2T on September 14, 2020. The impacts of natural origin fall Chinook and coho have been higher than preseason predictions. Based on preseason predictions and uncertainty around run sizes of Chinook and coho in-season, a modification of the commercial fishery is necessary to help ensure that conservation objectives for Chinook and coho are met. For statistical week thirty-seven (September 6 through 12, 2020), the total impacts predicted preseason for natural origin Chinook was twenty-five fish and the natural origin coho catch predicted preseason was one hundred fourteen. The estimated impacts for natural origin Chinook and natural origin coho in-season for statistical week thirty-seven is one hundred and one hundred eighty, respectively. This is a four hundred percent increase for Chinook and a one hundred fifty-eight increase for coho compared to preseason predictions.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: September 10, 2020.
Kelly Susewind
WAC 220-354-25000EWillapa Bay salmon fall fishery.
Effective September 11 through September 17, 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 tangle net 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:
Mesh Size
   2N, 2M, 2T, 2U
 6:00 a.m. through 6:00 p.m.
The following section of Washington Administrative Code is repealed effective September 18, 2020:
WAC 220-354-25000E
Willapa Bay salmon fall fishery.