WSR 25-19-073
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 25-221—Filed September 15, 2025, 3:38 p.m., effective September 15, 2025, 3:38 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: This emergency rule extends the previously announced recreational fishing in Nooksack River, North Fork and returns Nooksack River mainstem to permanent rules.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000H; 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 necessary to return recreational fishing in Nooksack River mainstem to permanent rules and extend the previously announced closure of Nooksack River, North Fork recreational fishing seasons. Endangered Species Act (ESA) listed Chinook are clear of mainstem Nooksack River, but recent surveys conducted by the Washington department of fish and wildlife (WDFW) have observed ESA-listed Chinook are still active on the spawning grounds in North Fork, Nooksack River. This closure is necessary to protect these spawning fish until they are no longer present on the spawning grounds. WDFW will continue to conduct regular surveys until spawning activities have concluded. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 15, 2025.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000CFreshwater exceptions to statewide rules—Puget Sound.
Effective immediately, until further notice, recreational fishing seasons for Nooksack River, North 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:
Nooksack River, North Fork (Whatcom County): From Hwy. 9 Bridge to Nooksack Falls: All species Closed.
REPEALER
The following section of Washington Administrative Code is repealed, effective immediately:
WAC 220-312-04000H | Freshwater exceptions to statewide rules—Puget Sound. (25-84) |