[Order 26-04—Filed January 8, 2026, 5:07 p.m., effective January 8, 2026, 5:07 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: This emergency rule adjusts the 2026 opening dates for recreational clam, mussel, and oyster harvest at Fort Flagler State Park, Indian Island County Park/Lagoon Beach, Port Townsend Ship Canal, Purdy Spit, Quilcene Boat Ramp, Penrose State Park, Shine Tidelands, and Wolfe Property State Park beaches and the 2026 opening date for oyster harvest at Point Whitney Tidelands and Point Whitney Lagoon.

Citation of Rules Affected by this Order: Repealing WAC 220-330-11000T and 220-330-14000Q; and amending WAC 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 updated regulation aligns intertidal beach seasons with comanager agreements, and removes reference to Indian Island County Park/Isthmus Beach season, that does not require adjustment via emergency regulation. Immediate adoption is necessary for the preservation of public health, safety, or general welfare. Permanent rule making for 2026 annual recreational clam, mussel, and oyster seasons is underway (WSR 25-21-145, filed October 22, 2025), but the anticipated effective date of the proposed rules won't occur until March or April, 2026. This rule must be filed to effect changes on some beaches ahead of that anticipated effective date, satisfy comanagement obligations, ensure an orderly fishery, and meet conservation objectives for these beaches. Annual seasons for 2026 will be announced following the permanent rule-making process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.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: January 8, 2026.

WAC 220-330-11000UClams other than razor clams, mussels—Areas and seasons.

Notwithstanding the provisions of WAC 220-330-110, effective immediately, until further notice, the following provisions of WAC 220-330-110 clam and mussel seasons shall be as described in this section. All other provisions not addressed in this section, unless otherwise amended by emergency rule, remain in effect:

(1) Fort Flagler State Park: Closed, effective January 15, 2026 until further notice.

(2) Indian Island County Park/Lagoon Beach: Closed, until further notice.

(3) Penrose Point State Park: Closed, until further notice.

(4) Port Townsend Ship Canal/Portage Beach: Closed, until further notice.

(5) Purdy Spit: Closed, until further notice.

(6) Quilcene Boat Ramp: Closed January 1 through January 14; open January 15 until further notice.

(7) Shine Tidelands State Park: Closed January 1 through January 14; open January 15 until further notice.

(8) Wolfe Property State Park: Closed January 1 through January 14; open January 15 until further notice.

WAC 220-330-14000ROysters—Areas and seasons.

Notwithstanding the provisions of WAC 220-330-140, effective immediately, until further notice, the following provisions of WAC 220-330-140 oyster seasons shall be as described in this section. All other provisions of WAC 220-330-140 not addressed this section, unless otherwise amended by emergency rule, remain in effect:

(1) Fort Flagler State Park: Closed, January 15, 2026 until further notice.

(2) Indian Island County Park/Lagoon Beach: Closed, until further notice.

(3) Penrose Point State Park: Closed, until further notice.

(4) Point Whitney Tidelands and Point Whitney Lagoon: Closed January 1 through January 14; open January 15 until further notice.

(5) Port Townsend Ship Canal/Portage Beach: Closed, until further notice.

(6) Purdy Spit: Closed, until further notice.

(7) Quilcene Boat Ramp: Closed January 1 through January 14; open January 15 until further notice.

(8) Shine Tidelands State Park: Closed January 1 through January 14; open January 15 until further notice.

(9) Wolfe Property State Park: Closed January 1 through January 14; open January 15 until further notice.

The following sections of the Washington Administrative Code are repealed:

Clams other than razor clams, mussels—Areas and seasons. (25-309)

Oysters—Areas and seasons. (25-309)

WAC 220-330-11000T	Clams other than razor clams, mussels—Areas and seasons. (25-309)
WAC 200-330-14000Q	Oysters—Areas and seasons. (25-309)