WSR 17-02-020
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-325—Filed December 27, 2016, 3:54 p.m., effective January 1, 2017]
Effective Date of Rule: January 1, 2017.
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: This emergency rule is needed to close portions of the Nooksack River and its tributaries. This is due to the absence of smolt releases in 2014 or 2015 from the Kendall Creek Hatchery, therefore there is no expectation for any return of hatchery winter steelhead this year. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 27, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-310-19000C Freshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-310-190, effective January 1, 2017, until further notice the following waters are closed to fishing:
(1) The Middle Fork Nooksack from the mouth to city of Bellingham diversion dam.
(2) The North Fork Nooksack from the mouth to Nooksack Falls.
(3) The Nooksack River from the mouth to the confluence of the North and South Forks.
(4) The South Fork Nooksack from the mouth to Skookum Creek.