WSR 26-02-064
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 26-01—Filed January 6, 2026, 4:27 p.m., effective January 6, 2026, 4:27 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: This emergency rule closes fishing in North Fork Nooksack River from Maple Creek to Nooksack Falls and maintains previously announced fishing closure in the Nooksack River system.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000U; 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 close steelhead retention in Nooksack River and its forks, including the section of Nooksack River, North Fork from Maple Creek to Nooksack Falls. This section of Nooksack River, North Fork was inadvertently left of out of the Nooksack system closure initially filed November 26, 2025, in WSR 25-24-050. This rule is consistent with the 2025-2026 Nooksack winter steelhead harvest management plan, which closes Nooksack River system fisheries that may impact steelhead this time of year. 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. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 6, 2026.
Kelly Susewind
Director
NEW SECTION
WAC 220-312-04000WFreshwater exceptions to statewide rules—Puget Sound.
Effective immediately, 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), from the Lummi Indian Reservation boundary to the confluence of North and South Forks: All species: Closed.
(2) Nooksack River, Middle Fork, from mouth to the former City of Bellingham diversion dam: All species: Closed.
(3) Nooksack River, North Fork, from the confluence with the South Fork to Nooksack Falls: All species: Closed.
(4) Nooksack River, South Fork, from the mouth to Skookum Creek: All species: Closed.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. REPEALER
The following section of Washington Administrative Code is repealed effective immediately:
WAC 220-312-04000U | Freshwater exceptions to statewide rules—Puget Sound. (25-297) |