WSR 15-18-045 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-282—Filed August 27, 2015, 9:15 a.m., effective August 27, 2015, 9:15 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules for the Nooksack River.
Citation of Existing Rules Affected by this Order: Amending WAC 220-310-190.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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: Nooksack River spring Chinook are experiencing high prespawn mortality rates and cannot enter the South Fork Nooksack River due to extremely low flows and high water temperatures. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 27, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19000G Freshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-310-190, effective immediately until further notice it is unlawful to fish in the following waters:
(1) North Fork Nooksack from the mouth to North Fork Falls.
(2) All tributaries draining into the North Fork Nooksack from the mouth to North Fork Falls.
(3) The Middle Fork Nooksack from mouth to the City of Bellingham Diversion Dam.
(4) All tributaries draining into the Middle Fork Nooksack from the mouth to the Diversion Dam.
(5) The mainstem Nooksack from Slater Road to the forks.
(6) South Fork Nooksack (Whatcom Co.) From the mouth to Skookum Creek, and from Wanlick Creek to headwaters including Wanlick and all tributaries closed to all fishing until further notice.
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