WSR 15-09-042 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-64—Filed April 9, 2015, 4:19 p.m., effective April 9, 2015, 4:19 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules for hardshell clams and oysters.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000A and 220-56-38000F; and amending WAC 220-56-350 and 220-56-380.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 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: Surveys at Fort Flagler State Park and Frye Cove County Park indicate that the clam populations have decreased, requiring shorter seasons. Oyster seasons should coincide with the clam seasons on these beaches. These rules are interim until permanent rules take effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 9, 2015.
David Giglio
for J. W. Unsworth
Director
NEW SECTION
WAC 220-56-35000D Clams other than razor clams—Areas and seasons.
Notwithstanding the provisions of WAC 220-56-350, effective immediately until further notice, it is unlawful to take, dig for and possess clams, cockles, and mussels taken for personal use from the following public tidelands except during the open periods specified herein:
(1) Fort Flagler State Park: Closed through May 14, 2015.
(2) Frye Cove County Park: Closed through April 30, 2015; Open May 1 through May 31, 2015.
NEW SECTION
WAC 220-56-38000I Oysters—Areas and seasons.
Notwithstanding the provisions of WAC 220-56-380, immediately until further notice, it is unlawful to take and possess oysters taken for personal use from the following public tidelands except during the open periods specified herein:
(1) Fort Flagler State Park: Closed through May 14, 2015.
(2) Frye Cove County Park: Closed through April 30, 2015; Open May 1 through May 31, 2015.
REPEALER
The following sections of the Washington Administrative Code are repealed:
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