WSR 18-18-036
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-213—Filed August 28, 2018, 4:58 p.m., effective August 28, 2018, 4:58 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amends harvest rules for hardshell clams and oysters.
Citation of Rules Affected by this Order: Amending WAC 220-330-110 and 220-330-140.
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: Due to site access limitations, this beach will be open for the month of September only, with harvest restricted to daylight hours only. Harvest is prohibited from one hour after official sunset until one hour before official sunrise. Starting October 1, low tides throughout the duration of 2018 occur during hours of darkness. The oyster seasons on this beach coincide with the clam season. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 28, 2018.
Nate Pamplin
for Kelly Susewind
Director
NEW SECTION
WAC 220-330-11000FClams other than razor clams—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-110, 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 (Case Inlet): State-owned oyster reserves and contiguous state-owned tidelands south and east of the powerline crossing are open September 1 through September 30 only, harvest prohibited during hours of darkness. Harvest periods are restricted to one hour before official sunrise until one hour after official sunset.
NEW SECTION
WAC 220-330-14000FOysters—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-140, 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 (Case Inlet): State-owned oyster reserves and contiguous state-owned tidelands south and east of the powerline crossing are open September 1 through September 30 only, harvest prohibited during hours of darkness. Harvest periods are restricted to one hour before official sunrise until one hour after official sunset.