WSR 17-19-059
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-249—Filed September 13, 2017, 1:33 p.m., effective September 15, 2017]
Effective Date of Rule: September 15, 2017.
Purpose: Amend recreational salmon fishing rules for the Nooksack River.
Citation of Rules Affected by this Order: Repealing WAC 220-312-04000F and 220-312-04000V; and 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 protect returning pink runs to the Nooksack River Watershed (permanent regulations are already in place requiring release of wild Chinook salmon). Inseason run-size assessments conducted by state and tribal comanagers indicate that pink run sizes are below preseason forecasts in the Nooksack. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 13, 2017.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-312-04000V Exceptions to statewide rulesPuget SoundNooksack River; Nooksack River, North Fork; Nooksack River, South Fork.
Notwithstanding the provisions of WAC 220-312-040, effective September 15, through December 31, 2017, it is unlawful to violate the provisions below. Unless otherwise amended, all permanent rules remain in effect:
(1) Nooksack River and all forks (Whatcom):
(i) Salmon: Release all pinks
REPEALER
The following section of the Washington Administrative Code is repealed effective immediately:
WAC 220-312-04000F
Puget SoundFreswater exceptions to statewide rules.
The following section of the Washington Administrative Code is repealed effective 11:59 p.m. December 31, 2017:
WAC 220-312-04000V
Puget SoundFreshwater exceptions to statewide rules.
Reviser's note: The spelling 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.