WSR 21-12-028
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 21-75—Filed May 24, 2021, 4:10 p.m., effective May 29, 2021]
Effective Date of Rule: May 29, 2021.
Purpose: The purpose of this emergency rule is to open retention seasons for spring Chinook salmon in the North Fork Nooksack River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000A; 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 open a hatchery spring Chinook fishery in a portion of the North Fork Nooksack River. Sufficient numbers of hatchery spring Chinook are forecasted to return to allow for a harvest fishery. This fishery has been agreed to with comanagers during the 2021 North of Falcon season setting process and will be actively monitored. Should total encounters reach the agreed to threshold, the fishery may close earlier than scheduled. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 24, 2021.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000AFreshwater exceptions to statewide rules—Puget Sound.
Effective May 29 through June 30, 2021, the following provisions of WAC 220-312-040 regarding salmon seasons for the Nooksack River, North Fork, shall be as described below. All other provisions of WAC 220-312-040 not addressed herein, or unless otherwise amended, remain in effect:
Nooksack River, North Fork (Whatcom Co.) from the Hwy. 9 Bridge to the yellow marker at the upstream side of Kendall Hatchery:
Salmon: Daily limit 2. Release all salmon other than hatchery Chinook. Night Closure and Anti-snagging rule in effect.
REPEALER
The following section of the Washington Administrative Code is repealed effective July 1, 2021:
WAC 220-312-04000A | Freshwater exceptions to statewide rules—Puget Sound. |