FISH AND WILDLIFE
[Order 19-73—Filed April 12, 2019, 3:45 p.m., effective April 15, 2019]
Effective Date of Rule: April 15, 2019.
Purpose: Amend recreational clam and mussel rules in Puget Sound.
Citation of Rules Affected by this Order: Repealing WAC 220-330-11000H; and amending WAC 220-330-110.
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 close the clam and mussel season at Point Whitney Tidelands and Point Whitney Lagoon, and to maintain the open clam and mussel seasons at North Bay (Case Inlet) and Oak Bay County Park. A decrease in the clam populations at Point Whitney Lagoon and Point Whitney Tidelands requires a reduced season to meet conservation objectives agreed upon with tribal comanagers. At North Bay (Case Inlet), an earlier opening date provides daylight recreational harvest opportunity and aligns with capacity of beach facilities. At Oak Bay County Park, a decrease in the littleneck and butter clam populations requires adjusting the season to meet conservation objectives agreed upon with tribal comanagers, while providing recreational opportunity in this region. Maintains the 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 12, 2019.
for Kelly Susewind
WAC 220-330-11000IClams other than razor clams, mussels—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-110, effective April 15, 2019 until further notice:
(1) Point Whitney Lagoon: Closed until further notice.
(2) Point Whitney Tidelands: Closed until further notice.
(3) 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 immediately through April 30, from one hour before official sunrise until one hour after official sunset only.
(4) Oak Bay County Park: Open immediately through April 30 only.
(5) Dosewallips State Park, as defined by boundary markers and signs posted on the beach, is closed until further notice.
The following section of the Washington Administrative Code is repealed effective April 15, 2019:
Clams other than razor clams, mussels—Areas and seasons. (19-29)