WSR 16-24-036 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-317—Filed November 30, 2016, 3:29 p.m., effective December 1, 2016] Effective Date of Rule: December 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: The department of health has changed the water quality status of eight hundred ten acres at Drayton West from conditionally approved to approved, eliminating the need for seasonal closures. Oyster seasons should coincide with the clam seasons on this beach. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 30, 3016 [2016].
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-56-35000H Clams other than razor clams, mussels—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:
Drayton West: All public tidelands of Drayton Harbor are closed year-round, except tidelands identified as approved by the department of health and defined by boundary markers and signs posted on the beach are open December 1, 2016, until further notice.
NEW SECTION
WAC 220-56-38000M 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:
Drayton West: All public tidelands of Drayton Harbor are closed year-round, except tidelands identified as approved by the department of health and defined by boundary markers and signs posted on the beach are open December 1, 2016, until further notice.
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