FISH AND WILDLIFE
[Order 21-99—Filed June 17, 2021, 5:00 p.m., effective June 18, 2021]
Effective Date of Rule: June 18, 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 220-312-04000C [220-312-04000D]; 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. One tribal comanager had completed their spring Chinook fishery with unused wild Chinook impacts and offered those unused impacts to the state. This transaction has been approved by NOAA and all comanagers. With additional allowable encounters, the recreational fishery can reopen. This fishery 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 17, 2021.
WAC 220-312-04000DFreshwater exceptions to statewide rules—Puget Sound.
Effective June 18 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.
The following section of the Washington Administrative Code is repealed effective July 1, 2021:
Freshwater exceptions to statewide rules—Puget Sound.