WSR 17-24-049
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-334Filed December 1, 2017, 9:11 a.m., effective December 3, 2017]
Effective Date of Rule: December 3, 2017.
Purpose: Amend recreational salmon fishing rules for the Nooksack River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000V and 220-312-04000B; and amending WAC 220-312-040.
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 a portion of the Nooksack River to the retention of chum salmon because returns to the Nooksack River and to Kendall Hatchery are not meeting escapement goals. The closure is necessary to ensure natural escapement and hatchery broodstock goals are met. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 1, 2017.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-312-04000B Exceptions to statewide rulesPuget SoundNooksack River; Nooksack River, North Fork; Nooksack River, South Fork.
Notwithstanding the provisions of WAC 220-312-040, effective December 3 through December 31, 2017, in those waters of the Nooksack River from the Lummi Indian Reservation boundary to the confluence of the North and South Forks – release chum salmon.
REPEALER
The following section of the Washington Administrative Code is repealed effective December 3, 2017:
WAC 220-312-04000V
Puget SoundFreshwater exceptions to statewide rules. (17-249)
The following section of the Washington Administrative Code is repealed effective January 1, 2018:
WAC 220-312-04000B
Puget SoundFreshwater exceptions to statewide rules.