WSR 14-07-071 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-58—Filed March 17, 2014, 11:58 a.m., effective April 1, 2014] Effective Date of Rule: April 1, 2014.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-56-350 and 220-56-380.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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: Surveys at North Bay indicate that the clam population has declined, and that effort has increased significantly, requiring a much shorter season. Clam quotas at the two Potlatch beaches were overharvested in 2013, requiring a delayed and shorter season. Surveys at Sequim Bay State Park indicate that the clam population has increased, allowing for a longer season. Surveys at South Indian Island indicate that the clam population has decreased; the delayed opening reduces harvest pressure, and also provides a more continuous recreational opportunity at public beaches in the Admiralty Inlet area. Oyster seasons should coincide with the clam seasons on these beaches. These rules are interim until permanent rules take effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 17, 2014.
Joe Stohr
for Philip Anderson
Director
NEW SECTION
WAC 220-56-35000Z 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) North Bay: State-owned oyster reserves are open June 1, 2014, until further notice.
(2) Potlatch DNR tidelands: Open July 1, 2014, until further notice.
(3) Potlatch State Park: Open July 1, 2014, until further notice.
(4) Sequim Bay State Park: Open April 1 until further notice.
(5) South Indian Island County Park: Open July 1 until further notice.
NEW SECTION
WAC 220-56-38000E 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 taken for personal use from the following public tidelands except during the open periods specified herein:
(1) North Bay: State-owned oyster reserves are open June 1, 2014, until further notice.
(2) Potlatch DNR tidelands: Open July 1, 2014, until further notice.
(3) Potlatch State Park: Open July 1, 2014, until further notice.
(4) South Indian Island County Park: Open July 1, 2014, until further notice.
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