WSR 11-04-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-06 -- Filed January 25, 2011, 10:49 a.m. , effective February 1, 2011 ]


Effective Date of Rule: February 1, 2011.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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: The Nooksack River wild steelhead run is depressed and will not meet the spawning goal for the 2010/2011 return year. These closures will reduce the incidental hooking mortalities of wild steelhead. Puget Sound wild steelhead populations are listed as "threatened" under the Endangered Species Act. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 25, 2011.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900P   Exceptions to statewide rules -- Nooksack River.   Notwithstanding the provisions of WAC 232-28-619:

(1) Nooksack River mainstem: From the Lummi Indian reservation boundary to the confluence of the North and South forks: Closed to all fishing, effective February 1, 2011.

(2) North Fork Nooksack River: From the mouth to Maple Creek: Closed to all fishing, effective February 16, 2011.

(3) North Fork Nooksack River: From Maple Creek to Nooksack Falls: Closed to all fishing, effective February 1, 2011.

(4) Middle Fork Nooksack River: From the mouth to City of Bellingham diversion Dam: Closed to all fishing effective February 1, 2011.

(5) South Fork Nooksack River: From the mouth to Skookum Creek: Closed to all fishing, effective February 1, 2011

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Washington State Code Reviser's Office