WSR 11-05-081

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-22 -- Filed February 15, 2011, 11:10 a.m. , effective March 1, 2011 ]


Effective Date of Rule: March 1, 2011.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-350 and 220-56-380.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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: Penrose Point State Park was closed in 2010 due to overharvest in 2009. Surveys indicate that the clam population has increased, in part due to Washington department of fish and wildlife enhancement efforts, allowing a return to the former three-month season. Surveys at Point Whitney and Point Whitney Lagoon indicate that clam populations have declined, requiring a two-week delay in the season opener at Point Whitney, and an earlier opening of the season at Point Whitney Lagoon, when effort will be reduced and conflicts with the Hood Canal shrimp fishery will be avoided. Oyster season at this beach should coincide for enforcement purposes with the clam season, which is being reopened March 1. Sufficient oysters exist to provide a three-month season. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 15, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-56-35000L   Clams other than razor clams -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-350, effective immediately until further notice, it is unlawful to take, dig for and possess clams, cockles, and mussels taken for personal use from the following public tidelands except during the open periods specified herein:

(1) Penrose Point State Park: Open March 1, 2011, until further notice.

(2) Point Whitney (excluding Point Whitney Lagoon): Open March 15, 2011 through April 30, 2011.

(3) Point Whitney Lagoon: Open March 1, 2011 through March 31, 2011.

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NEW SECTION
WAC 220-56-38000U   Oysters -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-380, effective immediately until further notice, it is unlawful to take and possess oysters for personal use from the following public tidelands except during the open periods specified herein:

(1) Penrose Point State Park: Open March 1, 2011, until further notice.

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Washington State Code Reviser's Office