2023 North of Falcon- Recreational Fisheries

Rule-making status: Permanent
Rule-making reference: #P2023-05

Summary of proposed rule

The purpose of this rulemaking is to regulate the recreational salmon fisheries statewide. These rules are part of a comprehensive suite of rulemaking packages to implement the new 2023-2024 salmon seasons for Washington State developed through the broader North of Falcon process pursuant to the Fish and Wildlife Commission’s North of Falcon Policy C-3608 for 2019-2023 and the Administrative Procedure Act (APA), RCW 34.05.

Scope and rationale for proposed rule

The North of Falcon process typically begins in January with the filing of the Pre-proposal Statement of Inquiry (CR-101) and consists of government-to-government meetings involving the National Marine Fisheries Service (NMFS), treaty tribes, and WDFW representatives. Separate public meetings are held with stakeholders—both at a statewide and regional level—to review preseason run size forecasts, NMFS guidance relative to allowable impacts for species listed under the Endangered Species Act, which includes salmon, but other protected species as well, such as Southern Resident Killer Whales.

Stakeholder meetings specific to the Puget Sound fisheries were held in March and early April 2023. Additional public comment was accepted subsequent to the Proposed Rule-making (CR-102) for the 2023 Recreational Salmon Fishery filed on May 3, 2023 (WSR 23-10-090), including during the public hearing on the proposed rules held on June 8, 2023. The comprehensive North of Falcon meeting schedule and the meeting agendas, handouts, and audio recordings of the public meetings are available on WDFW’s website at: https://wdfw.wa.gov/fishing/management/north-falcon/public-meetings

While these rules regulate only recreational fisheries, the seasons specified in these proposed rules are structured in a coordinated manner intended to provide commercial and recreational fishing opportunities while ensuring conservation
requirements and management objectives in federal and state laws and regulations, state/tribal harvest management agreements, and Fish and Wildlife Commission policies are met.

Even though drafted as amendments to preceding rules, these new amendments function as a coordinated and unitary fishery package for the 2023-2024 fishery season, and thus substantively replace prior years’ recreational salmon fisheries. Specifically, these rules replace and supersede the language in these WACs in their entirety:
220-312-020 – Freshwater exceptions to statewide rules – Coast
220-312-030 – Freshwater exceptions to statewide rules – Southwest
220-312-040 – Freshwater exceptions to statewide rules – Puget Sound
220-312-050 – Freshwater exceptions to statewide rules – Eastside
220-312-060 – Freshwater exceptions to statewide rules – Columbia River
220-313-060 – Puget Sound salmon – Saltwater seasons and daily limits
220-313-070 – Coastal salmon – Saltwater seasons and daily limits

Included in the Fish and Wildlife Commission’s North of Falcon Policy C-3608 for 2019-2023 is a delegation of authority to the Director of the Washington Department of Fish and Wildlife to adopt the implementing regulations, including this rulemaking, resulting from the North of Falcon process.

Public comments

To view comments submitted on this proposal, please visit the North of Falcon- Recreational Fisheries public engagement page.

The public comment period has ended as of June 8, 2023.

Public hearing

June 8, 2023 at 2:00 pm - View the Zoom Webinar Recording

Date of adoption: June 14, 2023

For more information

Staff Contact: Kelly Henderson at Kelly.Henderson@dfw.wa.gov

Assistance for additional accessibility and persons with disabilities contact:
833-885-1012, TTY (711), or CivilRightsTeam@dfw.wa.gov.