FISH AND WILDLIFE
[Order 19-289—Filed November 20, 2019, 3:18 p.m., effective November 22, 2019]
Effective Date of Rule: November 22, 2019.
Purpose: Amend recreational fishing rules for Whatcom Creek.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000E; 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 closes all recreational angling in a section of Whatcom Creek. The return of chum to Whatcom Creek is currently projected to be below the number needed to meet egg take goals for 2019. Closing the fishing season in this portion of Whatcom Creek is necessary to ensure broodstock are available for future hatchery returns. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 20, 2019.
WAC 220-312-04000EFreshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-312-040, effective November 22 through December 31, 2019:
Whatcom Creek (Whatcom Co.): from the mouth to markers below the footbridge below Dupont Street: Closed waters.
The following section of the Washington Administrative Code is repealed effective January 1, 2020:
Freshwater exceptions to statewide rules—Puget Sound.