FISH AND WILDLIFE
[Order 18-327—Filed November 27, 2018, 2:08 p.m., effective November 28, 2018]
Effective Date of Rule: November 28, 2018.
Purpose: Amend recreational fishing regulations in the Nooksack River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000D; and amending WAC 220-312-040.
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 a portion of the Nooksack River to the retention of chum salmon because returns to the Nooksack River and to Kendall Hatchery are not meeting escapement goals. The closure is necessary to ensure natural escapement and hatchery broodstock goals are met. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 27, 2018.
WAC 220-312-04000DExceptions to statewide rules—Puget Sound—Nooksack River; Nooksack River, North Fork; Nooksack River, South Fork.
Notwithstanding the provisions of WAC 220-312-040, effective November 28 through December 31, 2018, in those waters of the Nooksack River from the Lummi Indian Reservation boundary to the confluence of the North and South Forks, the North Fork Nooksack from the Highway 9 Bridge to Maple Creek – release chum salmon.
The following section of the Washington Administrative Code is repealed effective January 1, 2019:
Puget Sound—Freshwater exceptions to statewide rules.