WSR 22-02-067
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed January 5, 2022, 9:15 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 21-21-069 on October 18, 2021.
Title of Rule and Other Identifying Information: The department is amending several regulations in WAC chapters that affect harvesting clams and oysters for personal use and include the following: WAC 220-330-110 Clams other than razor clams, and mussels—Areas and seasons, 220-330-140 Oysters—Areas and seasons, and 220-340-130 Oyster drill restricted areas—Puget Sound.
Hearing Location(s): On February 8, 2022, at 5:30 p.m., via Zoom webinar https://us02web.zoom.us/webinar/register/WN_JGC5rMyuQI-AbQJRobfk2Q. The public may participate in the meeting. Register in advance for this webinar https://us02web.zoom.us/webinar/register/WN_JGC5rMyuQI-AbQJRobfk2Q.
Date of Intended Adoption: On or after February 14, 2022.
Submit Written Comments to: Kelly Henderson, P.O. Box 43152, Olympia, WA 98501, email 2022ClamOyster102@PublicInput.com, web page https://publicinput.com/2022ClamOyster102, phone 855-925-2801, project code 7744, by February 9, 2022.
Assistance for Persons with Disabilities: Contact Title VI/ADA compliance coordinator, phone 360-902-2349, TTY 1-800-833-6388 or 711, email Title6@dfw.wa.gov, by February 9, 2022.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In accordance with recent clam and oyster survey data, recreational harvest projections, comanagement agreements, and public health considerations, recreational clam and oyster seasons require extension or shortening on some public beaches. This rule proposal reflects these changes. Additionally, this proposal updates beach designations according to shellfish pest status by adding restricted designation to three new beaches due to the discovery of invasive Japanese oyster drills on these beaches. This designation is necessary to prevent the spread of pest infestations harmful to shellfish.
Reasons Supporting Proposal: The amendments to the rules will perpetuate shellfish resources while maximizing recreational fishing opportunity and protecting public health; and helping to prevent the spread of a harmful shellfish pest organism.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Governmental.
Name of Agency Personnel Responsible for Drafting: Camille Speck, 375 Hudson Street, Port Townsend, WA 98368, 360-302-3030; Implementation: Kelly Cunningham, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2325; and Enforcement: Chief Steve Bear, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2373.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. This rule proposal does not require a cost-benefit analysis per RCW
34.05.328 (5)(a)(i).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(4). This chapter does not apply to the adoption of a rule if an agency is able to demonstrate that the proposed rule does not affect small businesses.
Explanation of exemptions: Relative to the recreational clam and oyster seasons portion of this proposal, the department is exempt from the requirements of chapter
19.85 RCW because the proposed recreational fishing rules do not regulate small businesses; these rule changes clarify dates for anticipated open and closed periods and areas for harvesting clams and oysters for personal use. There are no anticipated professional services required to comply.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Relative to the oyster drill restricted areas portion of this proposal (WAC 220-340-130). The proposed designation of new oyster drill restricted areas does not have an anticipated significant impact on small businesses, as these areas are: (1) Used for recreational harvest, the transfer of shellfish from these locations is unlawful without a permit per WAC 220-340-150, the removal of oyster shells is already unlawful per WAC 220-330-010, and because recreational shellfish does not generally (lawfully) involve the return of shellfish to state waters once removed; (2) used for periodic tribal commercial and C&S harvest, which already operate with consideration to the restricted area landscape under conditions long-established and agreed to in comanagement plans; (3) do not contain any shellfish hatcheries, nurseries, or suppliers of shellfish seed stock, and the single active farming operation in one of the areas does not have a need to directly transfer shellfish from this area for return to state waters as evidenced by the absence of any relevant permits by this operator on file with the agency as required by WAC 220-340-150; (4) potential buyers of shellfish from commercial harvest in these areas are already adapted to operating with consideration to oyster drill restricted areas and a significant number of them are located, or have locations, within other existing restricted areas, and the agency manages this with its existing permitting system; and (5) the department is not aware of potential buyers of commercially harvested shellfish from these areas needing to place those shellfish back into state waters for storage prior to market, as evidenced by the long absence of permit applications for such transfers.
Based on the department's analysis, the proposed rules are unlikely to impose more-than-minor costs to small businesses.
January 5, 2022
Annie Szvetecz
Rules Coordinator
OTS-3546.1
AMENDATORY SECTION(Amending WSR 21-06-060, filed 2/26/21, effective 3/29/21)
WAC 220-330-110Clams other than razor clams, and mussels—Areas and seasons.
It is lawful to take, dig for, and possess clams and mussels for personal use from public tidelands year-round, except the following restrictions apply to the public tidelands at the beaches listed below:
(1) Ala Spit: All public tidelands of Ala Spit are open May 1 through May 31 only.
(2) Alki Park: Closed year-round.
(3) Alki Point: Closed year-round.
(4) Bay Center Oyster Reserve (Willapa Harbor reserves): Palix River channel, extending from the Palix River bridge to beyond Bay Center to the north of Goose Point, is closed year-round.
(5) Bay View State Park: Closed year-round.
(6) Belfair State Park: Open ((January 1 through March 31 and August 1))July 15 through September 30 only.
(7) Blaine Marine Park: Closed year-round.
(8) Blake Island State Park Marina: Closed year-round.
(9) Blowers Bluff North: Closed year-round.
(10) Brown's Point Lighthouse: Closed year-round.
(11) Budd Inlet: All state-owned tidelands of Budd Inlet south of a line drawn from the southern boundary of Burfoot Park west to the opposite shore near 68th Avenue N.W. are closed year-round.
(12) Cama Beach State Park: Closed year-round.
(13) Camano Island State Park: Closed year-round.
(14) Chuckanut Bay: All tidelands of Chuckanut Bay north of the railroad trestle are closed year-round.
(15) Coupeville: Closed year-round.
(16) Cultus Bay: Closed year-round.
(17) Dash Point County Park: Closed year-round.
(18) Dash Point State Park: Open September 1 through May 31 only.
(((18)))(19) Dave Mackie County Park: Closed year-round.
(((19)))(20) Deception Pass State Park: Open year-round, except the tidelands of Rosario Bay from the northern park boundary, south to Rosario Head (((48° 25.03'N, 122° 39.98'W))48.4172, -122.6663) are closed year-round.
(((20)))(21) Des Moines City Park: Closed year-round.
(((21)))(22) Discovery Park: Closed year-round.
(((22)))(23) DNR-142: Closed year-round.
(((23)))(24) DNR-144 (Sleeper): Closed year-round.
(((24)))(25) Dockton County Park: Closed year-round.
(((25)))(26) Dosewallips State Park: The area defined by boundary markers and signs posted on the beach is open ((June))July 1 through September 30 only.
(((26)))(27) Dosewallips State Park South: Closed year-round south of the line defined by boundary markers and signs posted on the beach.
(((27)))(28) Drayton Harbor: All public tidelands of Drayton Harbor are open year-round, except tidelands identified as prohibited ((or unclassified)) by the department of health and defined by boundary markers and signs posted on the beach are closed year-round.
(((28)))(29) Duckabush: Open November 1 through April 30 only.
(((29)))(30) Dungeness Spit and Dungeness National Wildlife Refuge Tidelands: Open May 15 through September 30 only.
(((30)))(31) Eagle Creek: Open ((June))July 1 through August 31 only.
(((31)))(32) East San de Fuca: Tidelands east of the Rolling Hills Glencairn Community dock are closed year-round.
(((32)))(33) Eld Inlet Oyster Reserves (Mud Bay reserves): Closed year-round.
(((33)))(34) English Camp: Tidelands between the National Park Service dinghy dock to the southern park boundary are closed year-round.
(((34)))(35) Evergreen Rotary Park (Port Washington Narrows): Closed year-round.
(((35)))(36) Fay Bainbridge Park: Closed year-round.
(((36)))(37) Fort Flagler State Park: Open January 1 through April 15 and ((June))July 1 through December 31 only, except that portion of Rat Island and the spit west and south of the park boundary is closed year-round from two white posts on the north end of the island at the vegetation line south to the end of the island.
(((37)))(38) Freeland County Park: Open October 1 through May 31 only.
(((38)))(39) Frye Cove County Park: Open May 1 through May 31 only.
(((39)))(40) Fudge Point State Park: Closed year-round.
(((40)))(41) Gertrude Island: All tidelands of Gertrude Island are closed year-round.
(((41)))(42) Golden Gardens: Closed year-round.
(((42)))(43) Graveyard Spit: Closed year-round.
(((43)))(44) Guillemot Cove Nature Reserve: Closed year-round.
(((44)))(45) Guss Island: All tidelands of Guss Island are closed year-round.
(((45) Hoodsport: Tidelands at Hoodsport Salmon Hatchery are closed year-round.))
(46) Hope Island State Park (South Puget Sound): Open May 1 through May 31 only.
(47) Howarth Park/Darlington Beach: Closed year-round.
(48) Illahee State Park: Open April 1 through July 31 only.
(49) Indian Island County Park/Lagoon Beach: From the jetty boundary with Port Townsend Ship Canal east to the beach access stairs on Flagler Road near milepost 4 open September 1 through September 30 only.
(50) Ingvald J. Gronvold Park: Open April 1 through April 30 only.
(51) Joemma Beach State Park: Closed year-round.
(((51)))(52) Kayak Point County Park: Closed year-round.
(((52)))(53) Kitsap Memorial State Park: Closed year-round.
(((53)))(54) Kopachuck State Park: Open April 1 through May 31 only.
(((54)))(55) Lent Landing (Port Washington Narrows): Closed year-round.
(((55)))(56) Liberty Bay: All state-owned tidelands in Liberty Bay north and west of the Keyport Naval Supply Center are closed year-round, except the western shoreline of Liberty Bay from the unincorporated Kitsap County line south to Virginia Point is open October 1 through April 30 only.
(((56)))(57) Lincoln Park: Closed year-round.
(((57)))(58) Lions Park (Bremerton): Closed year-round.
(((58)))(59) Lofall: Closed year-round.
(((59)))(60) Long Island Oyster Reserve, Diamond Point and Pinnacle Rock (Willapa Harbor reserves): Diamond Point on the northwest side of Long Island between reserve monuments 39 and 41 and Pinnacle Rock on the southwest side of Long Island between reserve monuments 58 and 59 is open year-round.
(((60)))(61) Long Island Slough Oyster Reserve (Willapa Harbor reserves): Closed year-round.
(((61)))(62) Long Point West: Closed year-round.
(((62)))(63) Lower Roto Vista Park: Closed year-round.
(((63)))(64) March Point Recreation Area: Closed year-round.
(((64)))(65) McNeil Island: All tidelands of McNeil Island are closed year-round.
(((65)))(66) Meadowdale County Park: Closed year-round.
(((66)))(67) Mee-Kwa-Mooks Park: Closed year-round.
(((67)))(68) Monroe Landing: Closed year-round.
(((68)))(69) Mukilteo: Closed year-round.
(((69)))(70) Mystery Bay State Park: Open October 1 through April 30 only.
(((70)))(71) Nahcotta Tidelands: State-owned tidelands east of the Willapa Bay Field Station and Nahcotta Tidelands interpretive site are closed year-round.
(((71)))(72) Nemah Oyster Reserve (Willapa Harbor reserves): Oyster reserves between reserve monuments 10 and 11 are closed year-round.
(((72)))(73) Nisqually National Wildlife Refuge: All state-owned tidelands of the Nisqually River delta south of a line drawn from Luhr Beach boat ramp to Sequalitchew Creek are closed year-round.
(((73)))(74) North Bay (Case Inlet): All state-owned tidelands north of the power transmission lines and those extending 1,900 feet south of the power transmission lines along the eastern shore are open March 1 through April 30 and September 1 through September 30, from one hour before official sunrise until one hour after official sunset only.
(((74)))(75) North Beach County Park: Closed year-round.
(((75)))(76) Oak Bay County Park: Closed year-round.
(((76)))(77) Oak Harbor: Closed year-round.
(((77)))(78) Oak Harbor Beach Park: Closed year-round.
(((78)))(79) Oak Harbor City Park: Closed year-round.
(((79)))(80) Oakland Bay: State-owned oyster reserves are open year-round except in areas defined by boundary markers and signs posted on the beach.
(((80)))(81) Old Mill County Park (Silverdale): Closed year-round.
(((81)))(82) Olympia Shoal: Closed year-round.
(((82)))(83) Pat Carey Vista Park: Closed year-round.
(((83)))(84) Penrose Point State Park: Open March 1 through April 30 only, except that portion of Mayo Cove within the commercially prohibited growing area is closed year-round.
(((84)))(85) Picnic Point County Park: Closed year-round.
(((85)))(86) Pitship Point: Closed year-round.
(((86)))(87) Pitt Island: All tidelands on Pitt Island are closed year-round.
(((87)))(88) Pleasant Harbor State Park: Closed year-round.
(((88)))(89) Pleasant Harbor WDFW Boat Launch: Closed year-round.
(((89)))(90) Point Defiance: Closed year-round.
(((90)))(91) Point Whitney Tidelands and Point Whitney Lagoon: ((Open January 1 through April 30 only))Closed year-round.
(((91)))(92) Port Angeles Harbor: All public tidelands of Port Angeles Harbor and interior tidelands of Ediz Hook are closed year-round.
(((92)))(93) Port Gamble Heritage Park Tidelands: Open ((January))September 1 through ((April))September 30 only.
(((93)))(94) Port Gardner: Closed year-round.
(((94)))(95) Port Townsend Ship Canal/Portage Beach: ((Closed year-round))Open September 1 through September 30 only.
(((95)))(96) Post Point: Closed year-round.
(((96)))(97) Potlatch State Park and Potlatch DNR tidelands: Open April 1 through ((April 30))May 15 only.
(((97)))(98) Priest Point County Park: Closed year-round.
(((98)))(99) 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 April 1 through April 30 only.
(((99)))(100) Quilcene Bay Tidelands: All state-owned tidelands in Quilcene Bay north of a line drawn from the Quilcene Boat Haven to Fisherman's Point are closed to the harvest of clams year-round, except those state-owned tidelands on the west side of the bay north of the Quilcene Boat Haven are open year-round.
(((100)))(101) Quilcene Bay Boat Ramp: Open January 1 through April 30 only.
(((101)))(102) Retsil: Closed year-round.
(((102)))(103) Richmond Beach Saltwater Park: Closed year-round.
(((103)))(104) Salt Creek Recreation Area (DNR-419): Closed year-round.
(((104)))(105) Saltair Beach (Kingston Ferry Terminal): Closed year-round.
(((105)))(106) Saltwater State Park: Closed year-round.
(((106)))(107) Samish Bay: Public tidelands of Samish Bay between Scotts Point and a point on the shore (((48° 34.47'N, 122° 26.64'W))48.5745, -122.4440) are closed year-round.
(((107)))(108) Scenic Beach State Park: Closed year-round.
(((108)))(109) Seahurst County Park: Closed year-round.
(((109)))(110) Semiahmoo County Park: Closed year-round.
(((110)))(111) Semiahmoo Marina: Closed year-round.
(((111)))(112) Sequim Bay State Park: Open January 1 through ((June))April 30 only.
(((112)))(113) Shine Tidelands State Park: Open January 1 through May 15 only.
(((113)))(114) Silverdale Waterfront Park: Closed year-round.
(((114)))(115) Sinclair Inlet: All public tidelands of Sinclair Inlet west of a line drawn from the intersection of Bancroft Road and Beach Drive East northerly to Point Herron are closed year-round.
(((115)))(116) Skagit Bay Estuary Wildlife Areas: All public tidelands of Skagit Bay Estuary Wildlife Area, Fir Island Farms Reserve Wildlife Area, Island Wildlife Area, Camano Island Wildlife Area and Leque Island Wildlife Area are closed year-round.
(((116)))(117) South Carkeek Park: Closed year-round.
(((117)))(118) Southworth: Closed year-round.
(((118)))(119) Spencer Spit State Park: Open March 1 through July 31 only.
(((119)))(120) Stuart Island State Park – Reid Harbor (South Beach): Closed year-round.
(((120)))(121) Taylor Bay: Closed year-round.
(((121)))(122) Totten Inlet Oyster Reserve (Oyster Bay reserves): Closed year-round.
(((122)))(123) Triton Cove Tidelands: Open June 1 through August 31 only.
(((123)))(124) Twanoh State Park: Open August 1 through September 30 only.
(((124)))(125) Walker County Park: Closed year-round.
(((125)))(126) WDFW Hoodsport Hatchery: Tidelands at Hoodsport Salmon Hatchery are closed year-round.
(127) West Dewatto: DNR Beach 44A open July 1 through September 30 only.
(((126)))(128) West Pass Access: Closed year-round.
(((127)))(129) West Penn Cove: From the property boundary at the Grasser's Lagoon access on Highway 20 to the dock extending across the tidelands from Captain Whidbey Inn on Madrona Road is open ((August 1))July 15 through ((September 30))August 31 only.
(((128)))(130) Willapa River Oyster Reserve (Willapa Harbor reserves): Reserves located in the Willapa River channel extending west and upriver from a point approximately one-quarter mile from the blinker light marking the division of Willapa River channel and the North River channel are closed year-round.
(((129)))(131) Wolfe Property State Park: Open January 1 through May 15 only.
(((130)))(132) Woodard Bay Natural Resource Conservation Area: Closed year-round.
(((131)))(133) It is lawful to take, dig for, and possess clams and mussels, not including razor clams, for personal use from the Pacific Ocean beaches from November 1 through March 31 only.
OTS-3547.1
AMENDATORY SECTION(Amending WSR 21-06-060, filed 2/26/21, effective 3/29/21)
WAC 220-330-140Oysters—Areas and seasons.
It is lawful to take and possess oysters for personal use from public tidelands year-round except the following restrictions apply to the public tidelands at the beaches listed below:
(1) Ala Spit: All public tidelands of Ala Spit open May 1 through May 31 only.
(2) Alki Park: Closed year-round.
(3) Alki Point: Closed year-round.
(4) Bay Center Oyster Reserve (Willapa Harbor reserves): Palix River channel, extending from the Palix River bridge to beyond Bay Center to the north of Goose Point, is closed year-round.
(5) Bay View State Park: Closed year-round.
(6) Belfair State Park: Open ((January 1 through March 31 and August 1))July 15 through September 30 only.
(7) Blaine Marine Park: Closed year-round.
(8) Blake Island State Park Marina: Closed year-round.
(9) Blowers Bluff North: Closed year-round.
(10) Brown's Point Lighthouse: Closed year-round.
(11) Budd Inlet: All state-owned tidelands of Budd Inlet south of a line drawn from the southern boundary of Burfoot Park west to the opposite shore near 68th Avenue N.W. are closed year-round.
(12) Cama Beach State Park: Closed year-round.
(13) Camano Island State Park: Closed year-round.
(14) Chuckanut Bay: All tidelands of Chuckanut Bay north of the railroad trestle are closed year-round.
(15) Coupeville: Closed year-round.
(16) Cultus Bay: Closed year-round.
(17) Dash Point County Park: Closed year-round.
(18) Dash Point State Park: Open September 1 through May 31 only.
(((18)))(19) Dave Mackie County Park: Closed year-round.
(((19)))(20) Deception Pass State Park: Open year-round, except the tidelands of Rosario Bay from the northern park boundary to Rosario Head (((48° 25.03'N, 122° 39.98'W))48.4172, -122.6663) are closed year-round.
(((20)))(21) Des Moines City Park: Closed year-round.
(((21)))(22) Discovery Park: Closed year-round.
(((22)))(23) DNR-142: Closed year-round.
(((23)))(24) DNR-144 (Sleeper): Closed year-round.
(((24)))(25) Dockton County Park: Closed year-round.
(((25)))(26) Dosewallips State Park: Open year-round only in the area defined by boundary markers and signs posted on the beach.
(((26)))(27) Dosewallips State Park South: Closed year-round south of the line defined by boundary markers and signs posted on the beach.
(((27)))(28) Drayton Harbor: All public tidelands of Drayton Harbor are open year-round, except the tidelands identified as prohibited ((or unclassified)) by the department of health and defined by boundary markers and signs posted on the beach are closed year-round.
(((28)))(29) Duckabush: Open November 1 through April 30 only.
(((29)))(30) Dungeness Spit/National Wildlife Refuge: Open May 15 through September 30 only.
(((30)))(31) East San de Fuca: Tidelands east of the Rolling Hills Glencairn Community dock are closed year-round.
(((31)))(32) Eld Inlet Oyster Reserves (Mud Bay reserves): Closed year-round.
(((32)))(33) English Camp: Tidelands between the National Park Service dinghy dock to the southern park boundary are closed year-round.
(((33)))(34) Evergreen Rotary Park (Port Washington Narrows): Closed year-round.
(((34)))(35) Fay Bainbridge Park: Closed year-round.
(((35)))(36) Fort Flagler State Park: Open January 1 through April 15 and ((June))July 1 through December 31 only, except that portion of Rat Island and the spit west and south of the park boundary is closed year-round from two white posts on the north end of the island at the vegetation line south to the end of the island.
(((36)))(37) Freeland County Park: Open October 1 through May 31 only.
(((37)))(38) Frye Cove County Park: Open May 1 through May 31 only.
(((38)))(39) Fudge Point State Park: Closed year-round.
(((39)))(40) Gertrude Island: All tidelands of Gertrude Island are closed year-round.
(((40)))(41) Golden Gardens: Closed year-round.
(((41)))(42) Graveyard Spit: Closed year-round.
(((42)))(43) Guillemot Cove Nature Reserve: Closed year-round.
(((43)))(44) Guss Island: All tidelands of Guss Island are closed year-round.
(((44) Hoodsport: Tidelands at the Hoodsport Salmon Hatchery are closed year-round.))
(45) Hope Island State Park (South Puget Sound): Open May 1 through May 31 only.
(46) Howarth Park/Darlington Beach: Closed year-round.
(47) Illahee State Park: Open April 1 through July 31 only.
(48) Indian Island County Park/Lagoon Beach: From the jetty boundary with Port Townsend Ship Canal east to the beach access stairs on Flagler Road near milepost 4 open September 1 through September 30 only.
(49) Ingvald J. Gronvold Park: Open April 1 through April 30 only.
(50) Joemma Beach State Park: Closed year-round.
(((50)))(51) Kayak Point County Park: Closed year-round.
(((51)))(52) Kitsap Memorial State Park: Closed year-round.
(((52)))(53) Kopachuck State Park: Open April 1 through May 31 only.
(((53)))(54) Lent Landing (Port Washington Narrows): Closed year-round.
(((54)))(55) Liberty Bay: All state-owned tidelands in Liberty Bay north and west of the Keyport Naval Supply Center are closed year-round, except the western shoreline of Liberty Bay from the unincorporated Kitsap County line south to Virginia Point is open October 1 through April 30 only.
(((55)))(56) Lincoln Park: Closed year-round.
(((56)))(57) Lions Park (Bremerton): Closed year-round.
(((57)))(58) Lofall: Closed year-round.
(((58)))(59) Long Island Oyster Reserve, Diamond Point and Pinnacle Rock (Willapa Harbor reserves): Diamond Point on the northwest side of Long Island between reserve monuments 39 and 41 and Pinnacle Rock on the southwest side of Long Island between reserve monuments 58 and 59 is open year-round.
(((59)))(60) Long Island Slough Oyster Reserve (Willapa Harbor reserves): Closed year-round.
(((60)))(61) Long Point West: Closed year-round.
(((61)))(62) Lower Roto Vista Park: Closed year-round.
(((62)))(63) March Point Recreation Area: Closed year-round.
(((63)))(64) McNeil Island: All tidelands of McNeil Island are closed year-round.
(((64)))(65) Meadowdale County Park: Closed year-round.
(((65)))(66) Mee-Kwa-Mooks Park: Closed year-round.
(((66)))(67) Monroe Landing: Closed year-round.
(((67)))(68) Mukilteo: Closed year-round.
(((68)))(69) Mystery Bay State Park: Open October 1 through April 30 only.
(((69)))(70) Nahcotta Tidelands: State-owned tidelands east of the Willapa Bay Field Station and Nahcotta Tidelands interpretive site are open year-round.
(((70)))(71) Nemah Oyster Reserve (Willapa Harbor reserves): Oyster reserves between reserve monuments 10 and 11 are closed year-round.
(((71)))(72) Nisqually National Wildlife Refuge: All state-owned tidelands of the Nisqually River delta south of a line drawn from Luhr Beach boat ramp to Sequalitchew Creek are closed year-round.
(((72)))(73) North Bay (Case Inlet): All state-owned tidelands north of the power transmission lines and those extending 1,900 feet south of the power transmission lines along the eastern shore are open March 1 through April 30 and September 1 through September 30, from one hour before official sunrise until one hour after official sunset only.
(((73)))(74) North Beach County Park: Closed year-round.
(((74)))(75) Oak Bay County Park: Closed year-round.
(((75)))(76) Oak Harbor: Closed year-round.
(((76)))(77) Oak Harbor Beach Park: Closed year-round.
(((77)))(78) Oak Harbor City Park: Closed year-round.
(((78)))(79) Oakland Bay: State-owned oyster reserves are open year-round except in areas defined by boundary markers and signs posted on the beach.
(((79)))(80) Old Mill County Park (Silverdale): Closed year-round.
(((80)))(81) Olympia Shoal: Closed year-round.
(((81)))(82) Pat Carey Vista Park: Closed year-round.
(((82)))(83) Penrose Point State Park: Open March 1 through April 30 only, except that part of Mayo Cove within the commercially prohibited growing area is closed year-round.
(((83)))(84) Pitship Point: Closed year-round.
(((84)))(85) Picnic Point County Park: Closed year-round.
(((85)))(86) Pitt Island: Closed year-round.
(((86)))(87) Pleasant Harbor State Park: Closed year-round.
(((87)))(88) Pleasant Harbor WDFW Boat Launch: Closed year-round.
(((88)))(89) Point Defiance: Closed year-round.
(((89)))(90) Point Whitney Tidelands and Point Whitney Lagoon: Open January 1 through ((August 31))June 30 only.
(((90)))(91) Port Angeles Harbor: All public tidelands of Port Angeles Harbor and interior tidelands of Ediz Hook are closed year-round.
(((91)))(92) Port Gamble Heritage Park Tidelands: Open ((January))September 1 through ((April))September 30 only.
(((92)))(93) Port Gardner: Closed year-round.
(((93)))(94) Port Townsend Ship Canal/Portage Beach: ((Closed year-round))Open September 1 through September 30 only.
(((94)))(95) Post Point: Closed year-round.
(((95)))(96) Potlatch State Park and Potlatch DNR tidelands: Open April 1 through ((April 30))May 15 only.
(((96)))(97) Priest Point County Park: Closed year-round.
(((97)))(98) 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 April 1 through April 30 only.
(((98)))(99) Quilcene Bay Tidelands: All state-owned tidelands in Quilcene Bay north of a line drawn from the Quilcene Boat Haven to Fisherman's Point are closed year-round except those state-owned tidelands on the west side of the bay north of the Quilcene Boat Haven are open year-round.
(((99)))(100) Quilcene Boat Ramp: Open January 1 through April 30 only.
(((100)))(101) Retsil: Closed year-round.
(((101)))(102) Richmond Beach Saltwater Park: Closed year-round.
(((102)))(103) Salt Creek Recreation Area (DNR-419): Closed year-round.
(((103)))(104) Saltair Beach (Kingston Ferry Terminal): Closed year-round.
(((104)))(105) Saltwater State Park: Closed year-round.
(((105)))(106) Samish Bay: Public tidelands of Samish Bay between Scotts Point and a point on the shore (((48°34.47'N, 122°26.64'W))48.5745, -122.4440) are closed year-round.
(((106)))(107) Scenic Beach State Park: Closed year-round.
(((107)))(108) Seahurst County Park: Closed year-round.
(((108)))(109) Semiahmoo County Park: Closed year-round.
(((109)))(110) Semiahmoo Marina: Closed year-round.
(((110)))(111) Sequim Bay State Park: Open January 1 through ((June))April 30 only.
(((111)))(112) Shine Tidelands State Park: Open January 1 through May 15 only.
(((112)))(113) Silverdale Waterfront Park: Closed year-round.
(((113)))(114) Sinclair Inlet: All public tidelands of Sinclair Inlet west of a line drawn from the intersection of Bancroft Road and Beach Drive East northerly to Point Herron are closed year-round.
(((114)))(115) Skagit Bay Estuary Wildlife Areas: All public tidelands of the Skagit Bay Estuary Wildlife Area, Fir Island Farms Reserve Wildlife Area, Island Wildlife Area, Camano Island Wildlife Area and Leque Island Wildlife Area are closed year-round.
(((115)))(116) South Carkeek Park: Closed year-round.
(((116)))(117) Southworth: Closed year-round.
(((117)))(118) Spencer Spit State Park: Open March 1 through July 31 only.
(((118)))(119) Stuart Island State Park – Reid Harbor (South Beach): Closed year-round.
(((119)))(120) Taylor Bay: Closed year-round.
(((120)))(121) Totten Inlet Oyster Reserve (Oyster Bay reserves): Closed year-round.
(((121)))(122) Walker County Park: Closed year-round.
(((122)))(123) WDFW Hoodsport Hatchery: Open April 1 through April 30 only.
(124) West Pass Access: Closed year-round.
(((123)))(125) West Penn Cove: From the property boundary at the Grasser's Lagoon access on Highway 20 to the dock extending across the tidelands from Captain Whidbey Inn on Madrona Road is open ((August 1))July 15 through ((September 30))August 31 only.
(((124)))(126) Willapa River Oyster Reserve (Willapa Harbor reserves): Reserves located in the Willapa River channel extending west and upriver from a point approximately one-quarter mile from the blinker light marking the division of Willapa River channel and the North River channel are closed year-round.
(((125)))(127) Wolfe Property State Park: Open January 1 through May 15 only.
(((126)))(128) Woodard Bay Natural Resource Conservation Area: Closed year-round.
(((127)))(129) It is lawful to take and possess oysters for personal use from the Pacific Ocean beaches from November 1 through March 31 only.
OTS-3548.1
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-130Oyster drill restricted shellfish areas—Puget Sound.
All waters, tidelands, shellfish handling facilities and equipment (including aquaculture vehicles and vessels) operated in conjunction with said waters and tidelands of Puget Sound within the following areas are designated as oyster drill restricted shellfish areas:
(1) Dungeness Bay—Inside and bounded westerly of a line projected from the most easterly tip of Dungeness Spit true-south to the mainland.
(2) Drayton Harbor—Inside and southerly of a line projected from the north most tip of Semiahmoo Spit to where the International Boundary line intersects the mainland.
(3) Lummi Bay—Inside the Lummi Dike and inside and bounded by a line projected from((: 48°46'32" N. Lat. 122°40'00" W. Long.))48.7756, -122.6667; thence to ((48°45'55" N. Lat. 122°40'00" W. Long.))48.7653, -122.6667; thence to ((48°45'55" N. Lat. 122°39'12" W. Long.))48.7653, -122.6533; then following the shoreline northerly ((along the beach)) to the point of origin.
(4) Samish Bay—Inside and easterly of a line starting at the most westerly tip of Governor's Point and projected in a southerly direction to the most westerly tip of William Point on Samish Island.
(5) Padilla Bay—Easterly (including the Swinomish channel) of a line starting at the most westerly tip of William Point on Samish Island and projected southerly to the most northerly tip of March Point on Fidalgo Island.
(6) Similk and Skagit Bays—Northerly of a line projected across Skagit Bay following latitude 48.333 (48°20' N((.))) and easterly of the Deception Pass bridge.
(7) Liberty Bay—Inside and westerly of a line projected true south from the most southerly point ((at Tower Point))on the Lemolo shoreline, near the powerline tower.
(8) Dyes Inlet—Inside and northerly of a line projected true east from the most northerly tip of Rocky Point to the mainland.
(9) Carr Inlet—
(a) Burley Lagoon—Inside and northerly of the Purdy bridge.
(b) Minter Creek—Inside and westerly of a line projected from the ((east))west shore of Carr Inlet at ((122°41'00" W. Long.))-122.6833 longitude true south to ((47°21'00" N. Lat.))47.3500 latitude, then true west to shore.
(10) Case Inlet—
(a) Rocky Bay and North Bay—Northerly of a line projected across Case Inlet following latitude 47.3456 (47°20'44" N).
(b) Vaughn Bay—Easterly of a line projected true north from the most northerly point of the southern spit at the mouth of Vaughn Bay to the mainland on the north shore.
(11) Hammersley Inlet and Oakland Bay—Inside, westerly and northerly of a line starting at ((the most southeasterly point of Munson Point and projected in a southeasterly direction to Eagle Point))the shore at 47.2070, -123.0600 on the north shore of Hammersley Inlet and projected true south to the south shore of Hammersley Inlet.
(12) Totten Inlet, Oyster Bay and Little Skookum Inlet—Inside and southerly of a line starting at the most southeasterly point on Windy Point and projected northeasterly to the most northerly tip of Sandy Point (i.e., the southern base of the Steamboat Island Bridge).
(13) Eld Inlet—
(a) Mud Bay—Inside and westerly of a line projected from the most easterly point of Flapjack Point and projected true south to the mainland.
(b) Sanderson Harbor—Lying inside and westerly of a line starting at the most northern point on Sanderson Spit and projected northeasterly to the mainland.
(14) Nisqually Flats—Inside and southerly of a line starting ((near the DuPont Dock)) on the east shore at ((47°07'00" N. Lat.))47.1182, -122.6657 and projected true west to the mainland.
(15) Hood Canal—
(a) Quilcene Bay—Inside, northerly and easterly of a line starting at the Port of Port Townsend boat ramp north of Coast Seafoods company shellfish hatchery projected easterly to a point at ((48°48'10" N. Lat., 122°51'30" W. Long.))48.8028, -122.8583 and then projected southeasterly to the most westerly tip of Fisherman's Point.
(b) Tarboo Bay—Inside, northerly and easterly of a line starting at the most northerly tip of Long Spit and then projected true west to the mainland.
(c) The Great Bend to Lynch Cove—Inside and bounded southerly and easterly by a line projected from the western most point at Musqueti Point true west to the mainland.
(d) Hamma Hamma Flats and ((Jorsted))Jorstad Creek—Inside and westerly of a line projected from((: 47°33'15" N. Lat. 123°01'42" W. Long.))47.5547, -123.0289; thence to ((47°32'54" N. Lat. 123°01'06" W. Long.))47.5483, -123.0183; thence to ((47°32'54" N. Lat. 123°01'48" W. Long.))47.5483, -123.0300; thence to ((47°31'00" N. Lat. 123°01'48" W. Long.))47.5167, -123.0300; then true west to shore.
(e) Dosewallips Delta—Inside and westerly of lines projected from((: 47°41'03" N. Lat. 122°53'57.5" W. Long.))47.6842, -122.8993; thence to ((47°41'03" N. Lat. 122°52'24" W. Long.))47.6842, -122.8733; thence to ((47°42'43.5" N. Lat. 122°52'24" W. Long.))47.7121, -122.8733; thence to ((47°42'43.5" N. Lat. 122°53'10" W. Long))47.7121, -122.8861.
(f) Point Whitney (including all portions of seawater ponds, lagoon, and shellfish cultivation facilities)—Inside and southerly of lines projected from((: 47°45'43" N. Lat. 122°51'4.7" W. Long.))47.7619, -122.8513; thence to ((47°45'52" N. Lat. 122°51'4.7" W. Long.))47.7644, -122.8513; thence to ((47°45'52" N. Lat. 122°51'18" W. Long.))47.7644, -122.8550; thence to ((47°45'45" N. Lat. 122°51'18" W. Long))47.7625, -122.8550.
(g) Duckabush River Mouth—Inside and westerly of a line projected from((: 47°38'46" N. Lat. 122°54'08" W. Long.))47.6467, -122.9044; thence to ((47°37'55" N. Lat. 122°56'25" W. Long))47.6319, -122.9417.
(h) East Dabob Bay—Inside and easterly of a line projected from 47.8283, -122.7997; thence to 47.8264, -122.8050; thence to 47.8131, -122.7989; thence to the shore at 47.8136, -122.7958.
(i) Guillemot Cove—Inside and easterly of lines projected from 47.6119, -122.8848; thence to 47.6119, -122.9208; thence to 47.6075, -122.9225; thence returning to shore at 47.6069 latitude.
(j) Bywater Bay—Inside and northerly of a line projected true east from latitude 47.8819 (47°52'55" N) to the west shoreline of Hood Head.
(16) Henderson Inlet—South Bay—Inside and southerly of a line commencing at ((a point))47.1268, -122.8412 on the west shore of Henderson Inlet ((where the south line of Section 17, Twp 19 N R 1 WWM intersects the shoreline)), thence projected true east across Henderson Inlet to the east shoreline.
(17) Birch Bay—Inside and bounded by a line projected from((: 48°53'59" N. Lat. 122°46'33.9" W. Long.))48.8997, -122.7761; thence following the shoreline northeasterly ((along the shoreline to 48°54'37.7" N. Lat. 122°45'7.65" W. Long.))to 48.9105, -122.7521; thence to ((48°54'56" N. Lat. 122°45'31" W. Long.))48.9156, -122.7586; thence to ((48°54'10" N. Lat. 122°46'53.54" W. Long))48.9028, -122.7815; thence returning to the origin at 48.8997, -122.7761.