WSR 16-01-004 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-438—Filed December 3, 2015, 9:30 a.m., effective December 3, 2015, 9:30 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.
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: Restrictions are needed on the Nooksack River as the Kendall Creek Hatchery and Whatcom Creek Hatchery programs did not release hatchery steelhead smolts in 2014 and thus are relying on fish returning from the 2013 release. Retention restrictions are needed to collect sufficient fish to meet egg take needs. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 3, 2015.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19000T Freshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-310-190, effective December 5, 2015, until further notice:
(1) The following waters are closed to fishing:
(a) Waters of the Middle Fork Nooksack from mouth to city of Bellingham diversion dam; and
(b) Waters of the North Fork from mouth to Nooksack Falls.
(2) The following waters are closed to hatchery steelhead retention:
(a) Waters of the mainstem Nooksack River from Lummi Indian Reservation boundary to the confluence of the North and South Forks;
(b) Waters of the South Fork Nooksack River from mouth to Skookum Creek; and
(c) Whatcom Creek from the mouth to the yellow markers below the foot bridge below Dupont Street.
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