[Order 25-84—Filed May 20, 2025, 11:10 a.m., effective May 24, 2025]

Effective Date of Rule: May 24, 2025.

Purpose: This emergency rule closes recreational fishing in the Nooksack River system where spring Chinook are present.

Citation of Rules Affected by this Order: Amending WAC 220-312-040.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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 necessary to close recreational fishing seasons for Nooksack River, including Middle, North, and South forks beginning May 24, 2025. This rule is needed for the protection of spring Chinook. Projected spring Chinook returns to the Nooksack system are extremely low. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 20, 2025.

WAC 220-312-04000HFreshwater exceptions to statewide rules—Puget Sound.

Effective May 24, 2025, until further notice, recreational fishing seasons for Nooksack River; Nooksack River, North Fork; Nooksack River, Middle Fork, and Nooksack River, South Fork shall be modified during dates listed as described in this section. All other provisions of WAC 220-312-040 not addressed in this section, or unless otherwise amended by emergency rule, remain in effect:

(1) Nooksack River (Whatcom County):

(a) From Lummi Indian Reservation boundary to the Yellow Marker at the FFA High School Barn in Deming: Effective May 24 through July 31, 2025; all species Closed.

(b) From the Yellow Marker at the FFA High School Barn in Deming to confluence of North and South Forks: Effective May 24, 2025, until further notice; all species Closed.

(2) Nooksack River, Middle Fork (Whatcom County): From the mouth to the former City of Bellingham diversion dam: Effective May 24, 2024, until further notice; all species Closed.

(3) Nooksack River, North Fork (Whatcom County): From Hwy. 9 Bridge to Nooksack Falls: Effective May 24, 2024, until further notice; all species Closed.

(4) Nooksack River, South Fork (Whatcom County), from mouth to Skookum Creek: Effective May 24, 2025, until further notice; all species Closed.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.