[Order 25-297—Filed November 26, 2025, 11:16 a.m., effective December 1, 2025]

Effective Date of Rule: December 1, 2025.

Purpose: This emergency rule closes steelhead fishing in the Nooksack River and its forks beginning December 1, 2025, and closes fishing for all species beginning January 1, 2026.

Citation of Rules Affected by this Order: Repealing WAC 220-354-16000S; and amending WAC 220-354-160.

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 steelhead retention in Nooksack River and its forks. In 2024, the Nooksack River hatchery steelhead return came in below forecast and broodstock goals were not met. The 2025-2026 hatchery steelhead forecast is for 41 fish, well below the 160 fish broodstock goal. These in-season conservation measures are needed to ensure future sport and treaty hatchery steelhead fishing opportunities. Previously announced Nooksack River changes, including lower river fishing closures other than longfin smelt and salmon seasons upstream of the lower river closure, remain in place. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

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

Effective December 1, 2025, through January 31, 2026, recreational fishing seasons for Nooksack River shall be modified 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 the Lummi Indian Reservation boundary to the yellow marker approximately 0.65 mi upstream of Slater Rd at 48°49'30.1"N, 122°35'08.3"W:

(i) All species other than longfin smelt (Spirinchus thaleichthys): Closed.

(ii) Longfin smelt (Spirinchus thaleichthys):

(A) December 1 through December 31: Daily limit 10 pounds. Smelt may only be taken by dip net. All smelt caught must be kept and count towards the daily limit. Each smelt harvester must use a separate container to hold their catch, and the container must be in the harvester's presence or identified with the harvester's name. Night Closure in effect.

(B) January 1 through January 31: Closed.

(b) From the yellow marker approximately 0.65 mi upstream of Slater Rd at 48°49'30.1"N, 122°35'08.3"W up to the yellow marker at the FFA High School Barn in Deming:

(i) December 1 through December 31:

(A) Salmon: Daily limit 6 including no more than 2 wild coho, 2 chum, 2 hatchery Chinook, and 4 pink.

(B) Steelhead: Closed.

(ii) January 1 through January 31:

All species: Closed.

(i) December 1 through December 31:

Steelhead: Closed.

(ii) January 1 through January 31:

All species: Closed.

(2) Nooksack River, Middle Fork, from mouth to the former City of Bellingham diversion dam:

(a) December 1 through December 31:

Steelhead: Closed.

(b) January 1 through January 31:

All species: Closed.

(3) Nooksack River, North Fork, from the confluence with the South Fork to Maple Creek:

(a) December 1 through December 31:

Steelhead: Closed.

(b) January 1 through January 31:

All species: Closed.

(4) Nooksack River, South Fork, from the mouth to Skookum Creek:

(a) December 1 through December 31:

Steelhead: Closed.

(b) January 1 through January 31:

All species: Closed.

The following section of Washington Administrative Code is repealed effective December 1, 2025:

Freshwater exceptions to statewide rules—Puget Sound. (25-283)