WSR 20-18-046
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-166—Filed August 28, 2020, 11:31 a.m., effective September 1, 2020]
Effective Date of Rule: September 1, 2020.
Purpose: The purpose of this rule is to close recreational oyster harvest on the beaches of Belfair State Park, Potlatch State Park, Potlatch DNR, and Twanoh State Park due to observations of continued closed season clam harvest. Closing oyster seasons will reduce closed season clam harvest and impacts to future clam seasons at these beaches. These beaches were closed to the harvest of clam and mussel on August 14 after the Washington department of fish and wildlife (WDFW) managed harvest shares were achieved and in an effort to limit impacts to future seasons.
Citation of Rules Affected by this Order: Repealing WAC 220-330-11000K and 220-330-14000I; 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 regulation is needed to ensure an orderly fishery and manage the fishery within court-ordered sharing requirements. This rule is needed to close recreational oyster harvesting opportunities at Belfair State Park, Potlatch State Park, Potlatch DNR, and Twanoh State Park beaches due to continued closed season clam harvest as WDFW managed portion of 2020 clam harvest quotas have already been achieved. Observations and analysis demonstrating significantly higher than anticipated effort at these and several other Puget Sound beaches. Current harvest projections necessitate this management action to comply with agreed-to comanagement plans.
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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, 2020.
Kelly Susewind
Director
NEW SECTION
WAC 220-330-11000LClams other than razor clams, mussels—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-110, effective September 1, 2020, the following provisions of WAC 220-330-110 shall be as described below until further notice or until this emergency regulation expires on October 6, 2020. All other provisions of 220-330-110 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
(1) Ala Spit: All public tidelands of Ala Spit are open through August 31, 2020 only.
(2) Belfair State Park: Closed.
(3) Dosewallips State Park: The area defined by boundary markers and signs posted on the beach is open through September 30, 2020 only.
(4) Eagle Creek: Open through September 15, 2020 only.
(5) Frye Cove County Park: Open through August 31, 2020 only.
(6) Hope Island State Park (South Puget Sound): Open through August 31, 2020 only.
(7) Potlatch DNR tidelands: Closed.
(8) Potlatch State Park: Closed.
(9) Purdy Spit County Park: The southern shore of the spit from the boat ramp east to the southern utility tower near Purdy Bridge is open September 1 through September 30, 2020 only.
(10) Triton Cove Tidelands: Open through September 15, 2020 only.
(11) Twanoh State Park: Closed.
NEW SECTION
WAC 220-330-14000JOysters—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-140, effective August 3, 2020, the following provisions of WAC 220-330-140 shall be as described below until further notice or until this emergency regulation expires on October 6, 2020. All other provisions of 220-330-140 not addressed herein, or unless otherwise amended by emergency rule, remain in effect:
(1) Ala Spit: All public tidelands of Ala Spit are open through August 31, 2020 only.
(2) Belfair State Park: Closed.
(3) Frye Cove County Park: Open through August 31, 2020 only.
(4) Hope Island State Park (South Puget Sound): Open through August 31, 2020 only.
(5) Point Whitney Lagoon: Open through August 31, 2020 only.
(6) Point Whitney Tidelands (excluding Point Whitney Lagoon): Open through August 31, 2020 only.
(7) Potlatch DNR tidelands: Closed.
(8) Potlatch State Park: Closed.
(9) Purdy Spit County Park: The southern shore of the spit from the boat ramp east to the southern utility tower near Purdy Bridge is open September 1 through September 30, 2020 only.
(10) Twanoh State Park: Closed.
REPEALER
The following sections of the Washington Administrative Code are repealed effective September 1, 2020:
WAC 220-330-11000K | Clams other than razor clams, mussels—Areas and seasons. |
WAC 220-330-14000I | Oysters—Areas and seasons. |