WSR 19-24-043
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-300—Filed November 26, 2019, 11:18 a.m., effective November 28, 2019]
Effective Date of Rule: November 28, 2019.
Purpose: Amend recreational salmon rules for the Nooksack and North Fork Nooksack rivers.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000F; 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 retention of chum salmon in the Nooksack River and North Fork Nooksack River. Chum returns to the Nooksack River and to Kendall Creek 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 26, 2019.
Amy Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000FFreshwater exceptions to statewide rules—Puget Sound.
Notwithstanding the provisions of WAC 220-312-040:
(1) Nooksack River (Whatcom Co.): from the Lummi Indian Reservation boundary to the confluence of the North and South Forks; salmon, effective November 28 through December 31, 2019:
Daily limit 2, plus 2 additional hatchery coho. Release pinks and chum.
(2) Nooksack River, North Fork (Whatcom Co.): from the Hwy. 9 Bridge to Maple Creek; salmon, effective November 28 through November 30, 2019:
Daily limit 2, plus 2 additional hatchery coho. Release pinks and chum.
REPEALER
The following section of the Washington Administrative Code is repealed effective January 1, 2020:
WAC 220-312-04000F | Freshwater exceptions to statewide rules—Puget Sound. |