WSR 19-06-013
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-29—Filed February 25, 2019, 3:36 p.m., effective March 1, 2019]
Effective Date of Rule: March 1, 2019.
Purpose: Amend recreational clam, mussel, and oyster rules in Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-330-11000G; and 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: This emergency rule is necessary to open the clam, mussel, and oyster seasons at North Bay (Case Inlet) and Oak Bay. At North Bay (Case Inlet), an earlier opening date provides daylight recreational harvest opportunity and aligns with capacity of beach facilities. The oyster fishery is supported by a limited enhancement bed and the oyster season should coincide with the clam season at this location. At Oak Bay County Park, a decrease in the littleneck and butter clam populations requires adjusting the season. The season is structured to meet conservation objectives agreed to with tribal comanagers while providing recreational opportunity in this region. The oyster season should align with the clam season at this location. Maintains clam and mussel closure at Dosewallips State Park. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 25, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-330-11000HClams other than razor clams, mussels—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-110, effective March 1, 2019 until further notice:
(1) North Bay (Case Inlet): All state-owned tidelands north of the power transmission lines and those extending 1900 feet south of the power transmission lines along the eastern shore are open March 1 through April 30, daylight hours only.
(2) Oak Bay County Park: Open April 1 through April 30 only.
(3) Dosewallips State Park, as defined by boundary markers and signs posted on the beach, is closed until further notice.
NEW SECTION
WAC 220-330-14000GOysters—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-140, effective February 28 until further notice:
(1) North Bay (Case Inlet): All state-owned tidelands north of the power transmission lines and those extending 1900 feet south of the power transmission lines along the eastern shore are open March 1 through April 30, daylight hours only.
(2) Oak Bay County Park: Open April 1 through April 30 only.
REPEALER
The following section of the Washington Administrative Code is repealed effective March 1, 2019:
WAC 220-3330-11000G | Clams other than razor clams, mussels—Areas and seasons. (19-21) |
Reviser's note: The section above appears as filed by the agency pursuant to RCW
34.08.040; however, the reference to WAC 220-3330-11000G is probably intended to be WAC 220-330-11000G.