WSR 16-17-085 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-212—Filed August 17, 2016, 2:50 p.m., effective August 19, 2016, 9:00 p.m.] Effective Date of Rule: August 19, 2016, 9:00 p.m.
Purpose: Amend recreational fishing rules for the south fork 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: To meet conservation needs for hatchery origin spring Chinook. Chinook from the recovery program at Skookum Hatchery in south fork Nooksack are holding in deep pools below the hatchery making them susceptible to prespawning mortality resulting from human activities including fishing. These fish are part of the recovery program for these Endangered Species Act listed Chinook, therefore it is important that as many survive to spawn as possible. This closure will allow fish to hold in the river until the Chinook are able to move into the hatchery or move upstream to spawn. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 17, 2016.
Christy Vassar
for J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19000L Freshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-310-190, effective 9:00 p.m. August 19, 2016, until further notice, it is unlawful to fish in waters of the South Fork Nooksack River from the Saxon Road Bridge to Skookum Creek.
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