WSR 16-01-117 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-445—Filed December 17, 2015, 4:00 p.m., effective January 1, 2016] Effective Date of Rule: January 1, 2016.
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.
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: Increases in clam biomass at Belfair State Park will support a year-round season. Increases in clam biomass at Point Whitney Tidelands and Point Whitney Lagoon will support 2.5 and 4 month seasons. Drayton West is a portion of Drayton Harbor that Washington department of health (DOH) has approved for recreational harvest, and the season has been set to coordinate with DOH conditional closures in the area. Recreational harvest and biomass surveys at Freeland County Park indicate it can support a 2.5 month long season; the timing of this season has been coordinated with DOH and Island County health department. The oyster seasons at Freeland County Park and Drayton West should coincide with the clam seasons on those beaches. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 17, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-56-35000F 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) Belfair State Park: January 1, 2016, until further notice.
(2) Drayton West: All public tidelands of Drayton Harbor are closed year-round, except tidelands identified as conditionally approved by the Department of Health and defined by boundary markers and signs posted on the beach are open February 1, 2016, until further notice.
(3) Freeland County Park: Open March 1, 2016, until further notice.
(4) Point Whitney Lagoon: Open January 1, 2016, until further notice.
(5) Point Whitney Tidelands (excluding Point Whitney Lagoon): Open January 1 through March 15 only.
NEW SECTION
WAC 220-56-38000K 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) Drayton West: All public tidelands of Drayton Harbor are closed year-round except tidelands identified as conditionally approved by the Department of Health and defined by boundary markers and signs posted on the beach are open February 1, 2016, until further notice.
(2) Freeland County Park: Open March 1, 2016, until further notice.
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