Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-08-003.

     Title of Rule: Personal use fishing rules.

     Purpose: Amend clam area closures and clam size limits.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Close two clam beaches and allow harvest of undersize clams on another.

     Reasons Supporting Proposal: Clam protection and harvest of available resource.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

     Name of Proponent: Department of Fish and Wildlife, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: Kayak Point County Park had an extensive winter kill of clams and cannot support harvest. Security concerns warrant closure at Whidbey Island Naval Air Station. Quilcene Bay clam size is stunted because of high population levels, and harvest of smaller clams is favorable to the population.

     Proposal Changes the Following Existing Rules: Clam beach closures and exception to minimum size rule.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules affect recreational harvest, not small businesses.

     RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Pearsall Multi-Services Center, 2109 Sumner Avenue, Aberdeen, WA, on August 2-3, 2002, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Debbie Nelson by July 19, 2002, TDD (360) 902-2207, or (360) 902-2267.

     Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by July 26, 2002.

     Date of Intended Adoption: August 2, 2002.

June 18, 2002

Evan Jacoby

Rules Coordinator

OTS-5747.1

AMENDATORY SECTION(Amending Order 02-53, filed 3/29/02, effective 5/1/02)

WAC 220-56-350   Clams other than razor clams, cockles, borers, mussels -- Areas and seasons.   (1) It is lawful to take, dig for and possess clams, cockles, borers and mussels taken for personal use on Puget Sound the entire year except that public tidelands at the following beaches are closed unless otherwise provided:

     (a) Ben Ure Spit: Open May 1 through May 31.

     (b) Brown Point (DNR 57-B): Open January 1 through June 30.

     (c) Cama Beach State Park: Closed the entire year.

     (d) Camano Island State Park: Open June 1 through June 30.

     (e) Cline Spit: Closed the entire year.

     (f) Cutts Island State Park: Open January 1 through June 15.

     (g) Dabob Bay - All state-owned tidelands in Dabob Bay north of a line drawn from Camp Harmony to Lindsays Beach are closed to the harvest of clams the entire year except as follows:

     (i) State-owned tidelands from a row of tires at Camp Discovery south approximately 2,000 feet to a second row of tires.

     (ii) State-owned tidelands beginning approximately 3/4 mile north of Camp Harmony extending approximately 1,200 feet north.

     (iii) State-owned tidelands from markers and signs posted immediately north of the community of Lindsays Beach north to a line immediately north of Broad Spit identified by markers and signs.

     (h) Dosewallips State Park: Open March 1 through September 15 only in area defined by boundary markers and signs posted on the beach.

     (i) Duckabush - All state-owned tidelands on the west shore of Hood Canal from Quatsap Point to the south end of the Duckabush flats are open March 1 through December 31.

     (j) Dungeness Spit - Open May 15 through September 30.

     (k) Eagle Creek: Open January 1 through May 31.

     (l) Fort Flagler State Park: Open April 1 through June 30.

     (m) Freeland County Park - Open January 1 through June 30.

     (n) Frye Cove - Open January 1 through June 30.

     (o) Garrison Bay: Tidelands at Guss Island and those tidelands at British camp between the National Park Service dinghy dock at the north end and the park boundary at the south end are closed the entire year.

     (p) Gertrude Island - All tidelands at Gertrude Island closed the entire year.

     (q) Hoodsport: Tidelands at Hoodsport Salmon Hatchery are closed the entire year.

     (r) Hope Island State Park (South Puget Sound): Open April 1 through April 30.

     (s) Illahee State Park: Closed the entire year.

     (t) Kayak Point County Park: ((Open May 1 through May 15, except mussels open)) Closed the entire year.

     (u) Kitsap Memorial State Park: Open May 15 through June 30.

     (v) Kopachuck State Park: Open June 1 through June 30.

     (w) Liberty Bay - All state-owned tidelands in Liberty Bay north and west of the Keyport Naval Supply Center are closed to the harvest of clams the entire year.

     (x) McNeil Island - All tidelands on McNeil Island are closed the entire year.

     (y) Mukilteo State Park - Closed the entire year.

     (z) Mystery Bay State Park: Open October 1 through April 30.

     (aa) North Bay - All state-owned tidelands in North Bay (Case Inlet) north of a line drawn southwest from Rocky Point to the north end of Reach Island thence due west to the mainland are closed to the harvest of clams the entire year except state-owned Tidelands on the east side of North Bay north of the power transmission lines and south of the power transmission lines for 1,600 feet.

     (bb) North Sequim Bay State Park - Open May 16 through June 15.

     (cc) Oak Bay County Park: Open July 1 through July 15.

     (dd) Oyster Reserves: Puget Sound and Willapa Bay state oyster reserves are closed the entire year except as follows:

     (i) Case Inlet: Tidelands on the east side of North Bay at the north end of the inlet open the entire year.

     (ii) North Bay: State-owned oyster reserves on the east side of North Bay north of the power transmission lines which cross the bay at the north end of Case Inlet open the entire year.

     (iii) Oakland Bay: Tidelands at the north end of Oakland Bay and on the channel of the northwest shore of the Bayshore Peninsula between department markers open the entire year.

     (iv) Willapa Bay - Long Island oyster reserve: Northwest side of Long Island between reserve monuments 39 and 41 and southwest side of Long Island between reserve monuments 58 and 59.

     (ee) Penrose Point State Park: Open April 1 through April 30.

     (ff) Picnic Point County Park: Closed the entire year.

     (gg) Pitship Point: Closed the entire year.

     (hh) Pitt Island - All tidelands on Pitt Island are closed the entire year.

     (ii) Point Whitney (excluding Point Whitney Lagoon): April 1 through April 30.

     (jj) Point Whitney Lagoon: Open May 1 through May 31.

     (kk) Port Townsend Ship Canal: Open January 1 through March 31.

     (ll) Potlatch DNR tidelands: Open April 1 through July 15.

     (mm) Potlatch East: Open April 1 through July 15.

     (nn) Potlatch State Park: Open April 1 through July 15.

     (oo) Purdy Spit County Park: The southern shore of the spit from the boat ramp to the bridge is closed the entire year.

     (pp) Quilcene Bay - 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 the entire year, except those tidelands on the west side of the bay defined by boundary markers and a sign on the beach are open April 1 through December 31, daily from official sunrise to official sunset only.

     (qq) Rendsland Creek: Open January 1 through May 31.

     (rr) Saltwater State Park: Closed the entire year.

     (ss) Scenic Beach State Park - Open April 16 through June 15.

     (tt) Seahurst County Park: Closed the entire year.

     (uu) Sequim Bay State Park - Open May 1 through June 15.

     (vv) Shine Tidelands: Open January 1 through May 15.

     (ww) South Indian Island County Park: Open May 1 through August 15.

     (xx) Spencer Spit State Park: Open March 1 through July 31.

     (yy) Triton Cove Oyster Farm: Closed the entire year.

     (zz) Triton Cove State Park: Open April 1 through June 30.

     (aaa) Twanoh State Park: Closed the entire year.

     (bbb) West Dewatto: DNR Beach 44A is open January 1 through June 30.

     (ccc) Whidbey Island Naval Air Station - Maylor Point East: Closed the entire year.

     (ddd) Willapa Bay: State-owned tidelands east of the department Willapa Bay Field Station and Nahcotta Tidelands Interpretive Site are closed year-round.

     (((ddd))) (eee) Wolfe Property State Park: Open January 1 through May 15.

     (2) It is lawful to take, dig for and possess clams, cockles, borers, and mussels, not including razor clams, taken for personal use in Grays Harbor and Willapa Harbor the entire year, except from state oyster reserves, which are closed to clam digging the entire year.

     (3) It is lawful to take, dig for and possess clams, cockles, borers, and mussels, not including razor clams taken for personal use from the Pacific Ocean beaches from November 1 through March 31.

[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 220-56-350, filed 3/29/02, effective 5/1/02; 01-06-036 (Order 01-24), § 220-56-350, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-350, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-350, filed 3/29/00, effective 5/1/00; 99-08-029 (Order 99-13), § 220-56-350, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-350, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-350, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), § 220-56-350, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), § 220-56-350, filed 5/31/95, effective 7/1/95; 94-14-069, § 220-56-350, filed 7/1/94, effective 8/1/94; 93-15-011, § 220-56-350, filed 7/8/93, effective 8/8/93; 93-08-034 (Order 93-20), § 220-56-350, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), § 220-56-350, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), § 220-56-350, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-350, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-350, filed 3/16/89; 88-10-013 (Order 88-15), § 220-56-350, filed 4/26/88; 87-09-066 (Order 87-16), § 220-56-350, filed 4/21/87; 86-09-020 (Order 86-08), § 220-56-350, filed 4/9/86; 85-12-046 (Order 85-57), § 220-56-350, filed 6/5/85; 83-07-043 (Order 83-16), § 220-56-350, filed 3/17/83; 81-05-027 (Order 81-13), § 220-56-350, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), § 220-56-350, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]

OTS-5708.1

AMENDATORY SECTION(Amending Order 02-53, filed 3/29/02, effective 5/1/02)

WAC 220-56-355   Clams -- Unlawful acts.   (1) It shall be unlawful for any person digging clams other than razor clams for personal use to fail to fill in holes created during the digging operation. Beach terrain must be returned to approximately its original condition by clam diggers before leaving the scene.

     (2) It shall be unlawful to maim, injure or attempt to capture a geoduck by thrusting any instrument through its siphon or to possess only the siphon or neck portion of a geoduck.

     (3) It is unlawful to possess Manila, native littleneck, cockle, or butter clams taken for personal use which measure less than 1-1/2 inches across the longest dimension of the shell except minimum size 1-1/4 inches if taken from public tidelands on the west side of Quilcene Bay north of the county boat ramp.

     (4) It is unlawful to return any eastern softshells, horse clams, or geoducks to the beach or water regardless of size or condition. All such clams taken for personal use must be retained by the digger as part of the daily limit.

     (5) Violation of the provisions of this section shall be an infraction, punishable under RCW 77.15.160.

[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 220-56-355, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-355, filed 3/19/97, effective 5/1/97; 89-07-060 (Order 89-12), § 220-56-355, filed 3/16/89; 88-10-013 (Order 88-15), § 220-56-355, filed 4/26/88; 80-03-064 (Order 80-12), § 220-56-355, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]

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