WSR 15-19-010 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-309—Filed September 2, 2015, 3:12 p.m., effective September 2, 2015, 3:12 p.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: Repealing WAC 220-310-19000I; and amending WAC 220-310-190.
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 spring Chinook have experienced high prespawn mortality rates and although flows and river temperatures have improved, fishing restrictions remain necessary to protect spring Chinook previously exposed to drought-related stress. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 2, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19000K Freshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-310-190, effective immediately until further notice, it is unlawful to violate the following provisions, provided that unless otherwise amended, all permanent rules remain in effect:
(1) The mainstem Nooksack from the Lummi Indian Reservation boundary to the yellow marker at the FFA high school barn in Deming: Open, only one single point barbless hook measuring 1/2" or less from point to shank may be used. It is unlawful to use bait.
(2) North Fork Nooksack from the mouth to North Fork Falls and all tributaries draining into the North Fork Nooksack from the mouth to North Fork Falls: Closed
(3) The Middle Fork Nooksack from mouth to the City of Bellingham Diversion Dam and all tributaries draining into the Middle Fork Nooksack from the mouth to the Diversion Dam: Closed
(4) South Fork Nooksack from the mouth to Skookum Creek: Closed
(5) South Fork Nooksack from Wanlick Creek upstream, including Wanlick Creek and all tributaries: Closed
(6) Mainstem Nooksack from the yellow marker at the FFA high school barn in Deming to the forks: Closed
REPEALER
The following section of the Washington Administrative Code is repealed:
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