WSR 15-09-091 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-78—Filed April 17, 2015, 2:07 p.m., effective April 17, 2015, 2:07 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules for hardshell clams and oysters.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000E and 220-56-38000J; and 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 Oyster Reserves of North Bay (Case Inlet) are subject to a settlement agreement before the state shoreline hearings board (SHB No. 13-022) that limits the clam season on the beach to the months of May and September for 2015 and 2016. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 17, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-56-35000E 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:
North Bay: State-owned oyster reserves are open May 1 through May 31, 2015.
NEW SECTION
WAC 220-56-38000J 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:
North Bay: State-owned oyster reserves are open May 1 through May 31, 2015.
REPEALER
The following sections of the Washington Administrative Code are repealed effective June 1, 2015:
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