WSR 20-12-101

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 20-94—Filed June 3, 2020, 8:49 a.m., effective June 8, 2020]

Effective Date of Rule: June 8, 2020.

Purpose: To reopen recreational clam, mussel, and oyster fisheries in Marine Areas 5-13 effective June 8, 2020, which were previously closed due to the COVID-19 situation and to comply with Governor Inslee's statewide proclamation to "Stay Home, Stay Healthy." Reopening these recreational fisheries is consistent with the Governor's Proclamation amendment 20-25.2 for the partial reopening of outdoor recreational activities.

Public beaches listed in this rule will amend or extend seasons because clam, mussel, and oyster harvest was closed during usual seasons.

This rule returns Puget Sound (Marine Areas 5 through 13) clam, mussel, and oyster fisheries to permanent rules, unless otherwise amended. All recreational fish and shellfish fisheries in Marine Area 4 will remain closed until the expiration of this emergency rule or until further notice.

Citation of Rules Affected by this Order: Repealing WAC 220-330-01000I; and amending WAC 220-330-010, 220-330-110, and 220-330-140.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, and 77.12.047.

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 rule is needed to reopen Puget Sound recreational clam, mussel, and oyster harvesting opportunities in Marine Areas 5 through 13, effective June 8, 2020, pursuant to the Governor's Proclamation amendment 20-25.2, issued April 27, 2020, indicating that recreational activities including fishing may resume, when and where permitted. In addition, these openings have been coordinated with local and state health officials.

Due to the COVID-19 related closure of all clam, mussel, and oyster harvest from March 26 through June 8, 2020, the public beaches listed in this rule have amended or extended seasons because clams, mussels, and oysters were not harvested during their normal seasons. Sufficient amounts of clams, mussels, and oysters remain available for harvest in these areas to allow for the seasons listed.

The governor's proclamation amendment also includes requirements to exclude gatherings with people who are not members of the same household and maintain social distancing for the continued protection of public health and safety. The fishery openings considered that requirement as a basis for the decision to reopen fisheries, but do not incorporate those social distance elements within the regulations themselves. While not imposed in Washington department of fish and wildlife's fishery rules, they are and remain, a requirement of the governor's proclamation. Failure to abide by those social distance requirements could result in increased health risks requiring future fishery closures.

All recreational fish and shellfish fisheries in Marine Area 4 remain closed until further notice, or until the rule expires on July 23, 2020, due to concerns of local and state health authorities.

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 3, 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: June 3, 2020.

Kelly Susewind

Director

The following section of the Washington Administrative Code is repealed effective June 8, 2020: