WSR 15-08-093 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-56—Filed March 31, 2015, 2:55 p.m., effective April 1, 2015] Effective Date of Rule: April 1, 2015.
Purpose: Amend recreational fishing rules for hardshell clams and oysters.
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: The season for Purdy Spit County Park is opening earlier in the year to avoid the time of year the area is usually impacted by paralytic shellfish poisoning closures which frequently begins in June or July. Washington department of health has approved Freeland County Park and Drayton West for recreational harvest and surveys indicate that the clam populations can support seasons. The oyster seasons on these beaches coincide with the clam seasons. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 31, 2015.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-56-35000B 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) Drayton West: Open April 1, 2015, until further notice, in the area defined by boundary markers and signs posted on the beach
(2) Freeland County Park: Open April 1 through May 15, 2015.
(3) Purdy Spit County Park, the southern shore of the spit from the boat ramp east to the southern utility tower near Purdy Bridge: Open April 1 through April 30, 2015.
NEW SECTION
WAC 220-56-38000G Oyster—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) Drayton West: Open April 1, 2015, until further notice, only in the area defined by boundary markers and signs posted on the beach
(2) Freeland County Park: Open April 1 through May 15, 2015.
(3) Purdy Spit County Park, the southern shore of the spit from the boat ramp east to the southern utility tower near Purdy Bridge: Open April 1 through April 30, 2015.
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