WSR 17-06-065 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-39—Filed February 28, 2017, 4:06 p.m., effective March 1, 2017] Effective Date of Rule: March 1, 2017.
Purpose: Amend recreational fishing rules for hardshell clams and oysters.
Citation of Existing Rules Affected by this Order: Amending WAC 220-56-350 and 220-56-380.
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 Indian Island County Park, Potlatch State Park, Potlatch DNR tidelands, Port Gamble Heritage Park and Twanoh State Park indicate that the clam population has increased, allowing for longer seasons. Surveys at North Bay indicate that the clam population has increased slightly, but a shift in season timing is recommended to reduce user group conflicts and increased pressure on infrastructure at the access site. The existing hours of darkness harvest restriction at Quilcene Bay Tidelands is no longer necessary; there is no conservation or management need to limit the hours of harvest.
Oyster seasons should coincide with the clam seasons on these beaches. A shift in season timing is recommended for Oyster Reserves - North Bay to reduce user group conflicts and increased pressure on infrastructure at the access site. The existing hours of darkness harvest restriction at Quilcene Bay Tidelands is no longer necessary; there is no conservation or management need to limit the hours of harvest. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 28, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-56-35000J 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) Oyster Reserves - North Bay: State-owned oyster reserves and contiguous state-owned tidelands south and east of the powerline crossing are closed until further notice.
(2) Penrose Point State Park: Open immediately through April 30 only.
(3) Port Gamble Heritage Park Tidelands: Open until further notice.
(4) Potlatch DNR tidelands: Open April 1, 2017 until further notice.
(5) Potlatch State Park: Open April 1, 2017, until further notice.
(6) Quilcene Tidelands: Open April 1, 2017, until further notice, with no restrictions on hours of harvest.
NEW SECTION
WAC 220-56-38000P Oysters—Areas and seasons.
Notwithstanding the provisions of WAC 220-56-380, effective 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) Oyster Reserves - North Bay: State-owned oyster reserves and contiguous state-owned tidelands south and east of the powerline crossing are closed until further notice.
(2) Penrose Point State Park: Open immediately through April 30, 2017.
(3) Port Gamble Heritage Park Tidelands: Open until further notice.
(4) Potlatch DNR tidelands: Open April 1, 2017, until further notice.
(5) Potlatch State Park: Open April 1, 2017, until further notice.
(6) Quilcene Tidelands: Open April 1, 2017, until further notice, with no restrictions on hours of harvest.
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