WSR 14-02-123
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed January 2, 2014, 10:23 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-20-126 on October 2, 2013.
Title of Rule and Other Identifying Information: WAC 220-56-350 Clams other than razor clams, mussels—Areas and seasons and 220-56-380 Oysters—Areas and seasons.
Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on February 7-8, 2014, at 8:30 a.m.
Date of Intended Adoption: March 7, 2014.
Submit Written Comments to: Joanna Eide, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Joanna.Eide@dfw.wa.gov, fax (360) 902-2155, by January 31, 2014.
Assistance for Persons with Disabilities: Contact Tami Lininger by January 24, 2014, TTY (360) 902-2207 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: An analysis of clam and oyster survey data, sport harvest projections, and negotiations affecting intertidal treaty and nontreaty fisheries allows for recreational clam and oyster seasons to be opened or extended on some public beaches and requires some beaches to be closed or the seasons shortened. This rule-making proposal reflects those openings and closures.
Reasons Supporting Proposal: These amendments will perpetuate shellfish resources while maximizing recreational fishing opportunity and protecting public health.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.055, and 77.12.047.
Statute Being Implemented: RCW 77.04.012, 77.04.013, 77.04.055, and 77.12.047.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting: Richard Childers, 375 Hudson Street, Port Townsend, WA 98368, (360) 302-3030; Implementation: James Scott, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2736; and Enforcement: Chief Steve Crown, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2373.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change proposal only affects recreational shellfishers; no small businesses are affected.
A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.
January 2, 2014
Joanna M. Eide
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-06-034, filed 3/1/13, effective 4/1/13)
WAC 220-56-350 Clams other than razor clams, mussels—Areas and seasons.
((A person can)) It is permissible to take, dig for, and possess clams and mussels for personal use on Puget Sound ((the entire year)) year-round, except ((from)) the following restrictions apply to the public tidelands at the beaches listed below((, which are closed unless otherwise provided.)):
(1) Ala Spit: Open May 1 through May 31 only.
(2) Alki Park: Closed ((the entire year)) year-round.
(3) Alki Point: Closed ((the entire year)) year-round.
(4) Bay View State Park: Closed ((the entire year)) year-round.
(5) Belfair State Park: Open ((April 1 through April 30)) January 1 through August 31 only.
(6) Brown's Point Lighthouse: Closed ((the entire year)) year-round.
(7) Cama Beach State Park: Closed ((the entire year)) year-round.
(8) Camano Island State Park: Closed ((the entire year)) year-round.
(9) Chuckanut Bay: Closed ((the entire year)) year-round.
(10) Coupeville: Closed ((the entire year)) year-round.
(11) ((Dash Point State Park: Closed the entire year.
(12))) Dave Mackie County Park: Closed ((the entire year)) year-round.
(((13))) (12) Des Moines City Park: Closed ((the entire year)) year-round.
(((14))) (13) Discovery Park: Closed ((the entire year)) year-round.
(((15) DNR-79: Closed the entire year.
(16))) (14) DNR-142: Closed ((the entire year)) year-round.
(((17))) (15) DNR-144 (Sleeper): Closed ((the entire year)) year-round.
(((18))) (16) Dockton County Park: Closed ((the entire year)) year-round.
(((19))) (17) Dosewallips State Park: Closed, except open ((April)) March 1 through ((August)) July 15 only in the area defined by boundary markers and signs posted on the beach.
(((20))) (18) Dungeness Spit and Dungeness National Wildlife Refuge Tidelands(( - )): Open May 15 through September 30 only.
(((21))) (19) Eagle Creek: Open July 1 through July 31 only.
(((22))) (20) East San de Fuca: Closed ((the entire year)) year-round east of the Rolling Hills Glencairn Community dock.
(((23))) (21) Fay Bainbridge Park: Closed year-round.
(22) Fort Flagler State Park including that portion of the spit west of the park boundary (Rat Island): Open ((May 15 through October 31)) January 1 through April 15 and May 15 through December 31 only.
(((24) Fort Ward State Park: Closed the entire year.
(25))) (23) Freeland County Park: Closed ((the entire year)) year-round.
(((26))) (24) Frye Cove County Park: Open January 1 through May 15 only.
(((27))) (25) Garrison Bay: The tidelands at Guss Island and those tidelands at British camp between the National Park Service dinghy dock at the north end and the park boundary at the south end are closed ((the entire year)) year-round.
(((28))) (26) Gertrude Island(( - )): All tidelands at Gertrude Island are closed ((the entire year)) year-round.
(((29))) (27) Golden Gardens: Closed ((the entire year)) year-round.
(((30))) (28) Graveyard Spit: Closed ((the entire year)) year-round.
(((31))) (29) Harrington Beach: Closed ((the entire year)) year-round.
(((32))) (30) Hoodsport: Tidelands at Hoodsport Salmon Hatchery are closed ((the entire year)) year-round.
(((33))) (31) Hope Island State Park (South Puget Sound): Open May 1 through May 31 only.
(((34))) (32) Howarth Park: Closed ((the entire year)) year-round.
(((35))) (33) Illahee State Park: Open April 1 through July 31 only.
(((36))) (34) Kayak Point County Park: Closed ((the entire year)) year-round.
(((37))) (35) Kitsap Memorial State Park: Closed ((the entire year)) year-round.
(((38))) (36) Kopachuck State Park: Open June 1 through July 31 only.
(((39))) (37) Liberty Bay(( - )): All state-owned tidelands in Liberty Bay north and west of the Keyport Naval Supply Center are closed ((to the harvest of clams the entire year)) year-round.
(((40))) (38) Lincoln Park: Closed ((the entire year)) year-round.
(((41))) (39) Lions Park (Bremerton): Closed ((the entire year)) year-round.
(((42))) (40) Little Clam Bay: Closed ((the entire year)) year-round.
(((43))) (41) Lower Roto Vista Park: Closed ((the entire year)) year-round.
(((44))) (42) Manchester State Park: Closed ((the entire year)) year-round.
(((45))) (43) McNeil Island(( - )): All tidelands on McNeil Island are closed ((the entire year)) year-round.
(((46))) (44) Meadowdale County Park: Closed ((the entire year)) year-round.
(((47))) (45) Mee-Kwa-Mooks Park: Closed ((the entire year)) year-round.
(((48))) (46) Monroe Landing: Closed ((the entire year)) year-round.
(((49))) (47) Mukilteo State Park(( - )): Closed ((the entire year)) year-round.
(((50))) (48) Mystery Bay State Park: Open October 1 through April 30 only.
(((51))) (49) Nisqually National Wildlife Refuge: Closed ((the entire year)) year-round.
(((52))) (50) North Beach County Park: Closed ((the entire year)) year-round.
(((53))) (51) North Fort Lewis: Closed ((the entire year)) year-round.
(((54))) (52) North Point Hudson: Closed ((the entire year)) year-round.
(((55))) (53) Northeast Cultus Bay: Closed ((the entire year)) year-round.
(((56))) (54) Oak Bay County Park: Open April 1 through ((July 31)) June 30 only.
(((57))) (55) Oak Harbor City Park: Closed ((the entire year)) year-round.
(((58))) (56) Old Man House State Park: Closed ((the entire year)) year-round.
(((59))) (57) Olympia Shoal: Closed ((the entire year)) year-round.
(((60))) (58) Oyster Reserves: Puget Sound and Willapa Bay state oyster reserves are closed ((the entire year)) year-round except as follows:
(a) North Bay: State-owned oyster reserves are open ((April)) June 1 through ((September 15)) June 30 and August 1 through August 31 only.
(b) Oakland Bay: State-owned oyster reserves open ((the entire year)) year-round except in areas defined by boundary markers and signs posted on the beach.
(c) Willapa Bay - Long Island oyster reserve: Northwest side of Long Island between reserve monuments 39 and 41 and southwest side of Long Island between reserve monuments 58 and 59 are open year-round.
(((61))) (59) Penrose Point State Park: Open March 1 through May 15 only.
(((62))) (60) Picnic Point County Park: Closed ((the entire year)) year-round.
(((63))) (61) Pitship Point: Closed ((the entire year)) year-round.
(((64))) (62) Pitt Island(( - )): All tidelands on Pitt Island are closed ((the entire year)) year-round.
(((65))) (63) Pleasant Harbor State Park: Closed ((the entire year)) year-round.
(((66))) (64) Point Defiance: Closed ((the entire year)) year-round.
(((67))) (65) Point Whitney (excluding Point Whitney Lagoon): ((Open March 15 through March 31)) Closed year-round.
(((68))) (66) Point Whitney Lagoon: Open ((April)) January 1 through ((April 30)) March 15 only.
(((69))) (67) Port Angeles Coast Guard: Closed ((the entire year)) year-round.
(((70))) (68) Port Angeles Harbor: Closed ((the entire year)) year-round.
(((71))) (69) Port Gardner: Closed ((the entire year)) year-round.
(((72))) (70) Port Townsend Ship Canal/Portage Canal: Open January 1 through ((June 30)) July 31 only.
(((73))) (71) Post Point: Closed ((the entire year)) year-round.
(((74))) (72) Potlatch DNR tidelands: Open ((April)) July 1 through ((June 30)) August 31 only.
(((75))) (73) Potlatch State Park: Open ((April)) July 1 through ((June 30)) August 31 only.
(((76))) (74) Priest Point County Park: Closed ((the entire year)) year-round.
(((77))) (75) Purdy Spit County Park: The southern shore of the spit from the boat ramp ((to the bridge is closed the entire year)) east to the southern utility tower near Purdy Bridge is open August 1 through August 31 only.
(((78))) (76) Quilcene Bay Tidelands(( - )): All state-owned tidelands in Quilcene Bay north of a line drawn from the Quilcene Boat Haven to Fisherman's Point are closed to the harvest of clams ((the entire year)) year-round, except those state-owned tidelands on the west side of the bay north of the Quilcene Boat Haven are open April 1 through December 31, daily from official sunrise to official sunset only.
(((79))) (77) Reid Harbor - South Beach: Closed ((the entire year)) year-round.
(((80))) (78) Retsil: Closed ((the entire year)) year-round.
(((81))) (79) Richmond Beach Saltwater Park: Closed ((the entire year)) year-round.
(((82))) (80) Saltwater State Park: Closed ((the entire year)) year-round.
(((83))) (81) Samish Beach: Closed ((the entire year)) year-round.
(((84))) (82) Scenic Beach State Park: Closed ((the entire year)) year-round.
(((85))) (83) Seahurst County Park: Closed ((the entire year)) year-round.
(((86))) (84) Semiahmoo: Closed ((the entire year)) year-round.
(((87))) (85) Semiahmoo County Park: Closed ((the entire year)) year-round.
(((88))) (86) Sequim Bay State Park(( - )): Open ((May)) April 1 through June 30 only.
(((89))) (87) Shine Tidelands State Park: Open January 1 through May 15 only.
(((90))) (88) Silverdale Waterfront Park: Closed ((the entire year)) year-round.
(((91))) (89) Sinclair Inlet: Closed ((the entire year)) year-round.
(((92))) (90) Skagit Wildlife Area: Closed ((the entire year)) year-round.
(((93))) (91) South Carkeek Park: Closed ((the entire year)) year-round.
(((94))) (92) South Gordon Point: Closed ((the entire year)) year-round.
(((95))) (93) South Indian Island County Park: Open ((April)) July 1 through ((June)) September 15 only.
(((96))) (94) South Mukilteo Park: Closed ((the entire year)) year-round.
(((97))) (95) South Oro Bay: Closed ((the entire year)) year-round.
(((98))) (96) South Point Wilson (Port Townsend): Closed ((the entire year)) year-round.
(((99))) (97) Southworth Ferry Dock: Closed ((the entire year)) year-round.
(((100))) (98) Spencer Spit State Park: Open March 1 through July 31 only.
(((101) Suquamish (Old Man House): Closed the entire year.
(102))) (99) Taylor Bay: Closed ((the entire year)) year-round.
(((103))) (100) Triton Cove Tidelands: Open July ((1)) 15 through August 31 only.
(((104))) (101) Twanoh State Park: Open ((August)) May 1 through May 15 and September 1 through September ((15)) 30 only.
(((105))) (102) Walker County Park: Closed ((the entire year)) year-round.
(((106))) (103) West Dewatto: DNR Beach 44A open July 1 through September 30 only.
(((107))) (104) West Pass Access: Closed ((the entire year)) year-round.
(((108))) (105) Willapa Bay: State-owned tidelands east of the department Willapa Bay Field Station and Nahcotta Tidelands Interpretive Site are closed year-round.
(((109))) (106) Wolfe Property State Park: Open January 1 through May 15 only.
(((110))) (107) Woodard Bay: Closed ((the entire year)) year-round.
((A person can)) It is permissible to take, dig for, and possess clams, cockles, borers, and mussels, not including razor clams, for personal use in Grays Harbor and Willapa Harbor ((the entire year)) year-round, except from state oyster reserves, which are closed to clam digging ((the entire year)) year-round.
((A person can)) It is permissible to take, dig for, and possess clams, cockles, borers, and mussels, not including razor clams, for personal use from the Pacific Ocean beaches from November 1 through March 31 only.
AMENDATORY SECTION (Amending WSR 13-06-034, filed 3/1/13, effective 4/1/13)
WAC 220-56-380 Oysters—Areas and seasons.
((A person can)) It is permissible to take and possess oysters for personal use from public tidelands ((the entire year)) year-round except ((from)) the following restrictions apply to the public tidelands at the beaches listed below((, which are closed unless otherwise provided.)):
(1) Ala Spit: Open May 1 through May 31 only.
(2) Alki Park: Closed ((the entire year)) year-round.
(3) Alki Point: Closed ((the entire year)) year-round.
(4) Bangor: Closed ((the entire year)) year-round.
(5) Bay View State Park: Closed ((the entire year)) year-round.
(6) Brown's Point Lighthouse: Closed ((the entire year)) year-round.
(7) Cama Beach State Park: Closed ((the entire year)) year-round.
(8) Camano Island State Park: Closed ((the entire year)) year-round.
(9) Chuckanut: Closed ((the entire year)) year-round.
(10) Coupeville: Closed ((the entire year)) year-round.
(11) ((Dash Point State Park: Closed the entire year.
(12))) Dave Mackie County Park: Closed ((the entire year)) year-round.
(((13))) (12) Des Moines City Park: Closed ((the entire year)) year-round.
(((14))) (13) Discovery Park: Closed ((the entire year)) year-round.
(((15) DNR-79: Closed the entire year.
(16))) (14) DNR-142: Closed ((the entire year)) year-round.
(((17))) (15) DNR 144 (Sleeper): Closed ((the entire year)) year-round.
(((18))) (16) Dockton County Park: Closed ((the entire year)) year-round.
(((19))) (17) Dungeness Spit/National Wildlife Refuge: Open May 15(( - )) through September 30 only.
(((20))) (18) East San de Fuca: Closed ((the entire year)) year-round east of the Rolling Hills Glencairn Community dock.
(((21))) (19) Fay Bainbridge Park: Closed year-round.
(20) Fort Flagler State Park including that portion of the spit west of the park boundary (Rat Island): Open ((May)) January 1 through April 15 and May 15 through ((October)) December 31 only.
(((22) Fort Ward State Park: Closed the entire year.
(23))) (21) Freeland County Park: Closed ((the entire year)) year-round.
(((24))) (22) Frye Cove County Park: Open January 1 through May 15 only.
(((25))) (23) Golden Gardens: Closed ((the entire year)) year-round.
(((26))) (24) Graveyard Spit: Closed ((the entire year)) year-round.
(((27))) (25) Harrington Beach: Closed ((the entire year)) year-round.
(((28))) (26) Hoodsport: Tidelands at the Hoodsport Salmon Hatchery are closed ((the entire year)) year-round.
(((29))) (27) Hope Island State Park (South Puget Sound): Open May 1 through May 31 only.
(((30))) (28) Howarth Park: Closed ((the entire year)) year-round.
(((31))) (29) Illahee State Park: Open April 1 through July 31 only.
(((32))) (30) Kayak Point County Park: Closed ((the entire year)) year-round.
(((33))) (31) Kitsap Memorial State Park: Closed ((the entire year)) year-round.
(((34))) (32) Kopachuck State Park: Open March 1 through July 31 only.
(((35))) (33) Liberty Bay(( - )): All state-owned tidelands in Liberty Bay north and west of the Keyport Naval Supply Center are closed ((to the harvest of oysters the entire year)) year-round.
(((36))) (34) Lincoln Park: Closed ((the entire year)) year-round.
(((37))) (35) Lions Park (Bremerton): Closed ((the entire year)) year-round.
(((38))) (36) Little Clam Bay: Closed ((the entire year)) year-round.
(((39))) (37) Lower Roto Vista Park: Closed ((the entire year)) year-round.
(((40))) (38) Manchester State Park: Closed ((the entire year)) year-round.
(((41))) (39) Meadowdale County Park: Closed ((the entire year)) year-round.
(((42))) (40) Mee-Kwa-Mooks Park: Closed ((the entire year)) year-round.
(((43))) (41) Monroe Landing: Closed ((the entire year)) year-round.
(((44))) (42) Mukilteo State Park: Closed ((the entire year)) year-round.
(((45))) (43) Mystery Bay State Park: Open October 1 through April 30 only.
(((46))) (44) Nisqually National Wildlife Refuge: Closed ((the entire year)) year-round.
(((47))) (45) North Beach County Park: Closed ((the entire year)) year-round.
(((48))) (46) North Fort Lewis: Closed ((the entire year)) year-round.
(((49))) (47) North Point Hudson: Closed ((the entire year)) year-round.
(((50))) (48) Northeast Cultus Bay: Closed ((the entire year)) year-round.
(((51))) (49) Oak Bay County Park: Open April 1 through ((July 31)) June 30 only.
(((52))) (50) Oak Harbor Beach Park: Closed ((the entire year)) year-round.
(((53))) (51) Oak Harbor City Park: Closed ((the entire year)) year-round.
(((54))) (52) Old Man House State Park: Closed ((the entire year)) year-round.
(((55))) (53) Olympia Shoal: Closed ((the entire year)) year-round.
(((56))) (54) Oyster Reserves: Puget Sound and Willapa Bay oyster reserves are closed ((the entire year)) year-round except the following are open ((the entire year)) during the dates specified:
(a) Oakland Bay(( - )): State-owned oyster reserves are open ((the entire years)) year-round except in areas defined by boundary markers and signs posted on the beach.
(b) North Bay(( - )): State-owned reserves are open ((April)) June 1 through ((September 15)) June 30 and August 1 through August 31 only.
(c) Willapa Bay - Long Island oyster reserve: Northwest side of Long Island between reserve monuments 39 and 41 and southwest side of Long Island between reserve monuments 58 and 59 are open year-round.
(((57))) (55) Penrose Point State Park: Open March 1 through May 15 only.
(((58))) (56) Picnic Point: Closed ((the entire year)) year-round.
(((59))) (57) Pitt Island: Closed ((the entire year)) year-round.
(((60))) (58) Pleasant Harbor State Park: Closed ((the entire year)) year-round.
(((61))) (59) Point Defiance: Closed ((the entire year)) year-round.
(((62))) (60) Point Whitney tidelands (excluding Point Whitney Lagoon): Open January 1 through June 30 only.
(((63))) (61) Port Angeles Coast Guard: Closed ((the entire year)) year-round.
(((64))) (62) Port Angeles Harbor: Closed ((the entire year)) year-round.
(((65))) (63) Port Gardner: Closed ((the entire year)) year-round.
(((66))) (64) Port Townsend Ship Canal/Portage Canal: Open January 1 through ((June 30)) July 31 only.
(((67))) (65) Post Point: Closed ((the entire year)) year-round.
(((68))) (66) Potlatch DNR Tidelands: Open ((April)) July 1 through ((June 30)) August 31 only.
(((69))) (67) Potlatch State Park: Open ((April)) July 1 through ((June 30)) August 31 only.
(((70))) (68) Priest Point County Park: Closed ((the entire year)) year-round.
(((71))) (69) Purdy Spit County Park: The southern shore of the spit from the boat ramp ((to the bridge is closed the entire year)) east to the southern utility tower near Purdy Bridge is open August 1 through August 31 only.
(((72))) (70) Quilcene Bay Tidelands(( - )): All state-owned tidelands in Quilcene Bay north of a line drawn from the Quilcene Boat Haven to Fisherman's Point are closed year-round except those state-owned tidelands on the west side of the bay north of the Quilcene Boat Haven are open April 1 through December 31, daily from official sunrise to official sunset, only.
(((73))) (71) Reid Harbor - South Beach: Closed ((the entire year)) year-round.
(((74))) (72) Retsil: Closed ((the entire year)) year-round.
(((75))) (73) Richmond Beach Saltwater Park: Closed ((the entire year)) year-round.
(((76))) (74) Saltwater State Park: Closed ((the entire year)) year-round.
(((77))) (75) Samish Beach: Closed ((the entire year)) year-round.
(((78))) (76) Seahurst County Park: Closed ((the entire year)) year-round.
(((79))) (77) Scenic Beach State Park: Closed ((the entire year)) year-round.
(((80))) (78) Semiahmoo: Closed ((the entire year)) year-round.
(((81))) (79) Semiahmoo County Park: Closed ((the entire year)) year-round.
(((82))) (80) Shine Tidelands State Park: Open January 1 through May 15 only.
(((83))) (81) Silverdale Waterfront Park: Closed ((the entire year)) year-round.
(((84))) (82) Sinclair Inlet: Closed ((the entire year)) year-round.
(((85))) (83) Skagit Wildlife Area: Closed ((the entire year)) year-round.
(((86))) (84) South Carkeek Park: Closed ((the entire year)) year-round.
(((87))) (85) South Gordon Point: Closed ((the entire year)) year-round.
(((88))) (86) South Indian Island County Park: Open ((April)) July 1 through ((June)) September 15 only.
(((89))) (87) South Mukilteo Park: Closed ((the entire year)) year-round.
(((90))) (88) South Oro Bay: Closed ((the entire year)) year-round.
(((91))) (89) South Point Wilson (Port Townsend): Closed ((the entire year)) year-round.
(((92))) (90) Southworth Ferry Dock: Closed ((the entire year)) year-round.
(((93))) (91) Spencer Spit State Park: Open March 1 through July 31 only.
(((94) Suquamish (Old Man House): Closed the entire year.
(95))) (92) Taylor Bay: Closed ((the entire year)) year-round.
(((96))) (93) Walker County Park: Closed ((the entire year)) year-round.
(((97))) (94) West Pass Access: Closed ((the entire year)) year-round.
(((98))) (95) Willapa Bay: State-owned tidelands east of the department Willapa Bay Field Station and the Nahcotta Tidelands Interpretive Site are open only between boundary markers and posted signs.
(((99))) (96) Woodard Bay: Closed ((the entire year)) year-round.
(((100))) (97) Wolfe Property State Park: Open January 1 through May 15 only.