WSR 18-04-036 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 18-13—Filed January 30, 2018, 3:32 p.m., effective February 1, 2018] Effective Date of Rule: February 1, 2018. Purpose: Amends harvest rules for hardshell clams and oysters. Citation of Rules Affected by this Order: Amending WAC 220-330-110 and 220-330-140. 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: A comprehensive review of pollution conditions and marine water quality data has prompted a department of health change in classification for Duckabush. Duckabush is classified by department of health as conditionally open with an annual harvest closure from May 1 through October 31 each year. Based on analysis of historical and projected sport effort, the season at Kopachuck State Park is being changed to April 1 through May 31 for clams and oysters. At the request of Washington state parks, Joemma Beach State Park will be closed until further notice for clam and oyster harvest in response to conservation concerns. Based on recent analysis of native clam populations and projected effort and harvest, Port Townsend Ship Canal/Portage Beach will close for clam and oyster harvest on May 31, 2018. There is insufficient time to adopt 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 30, 2018. J. W. Unsworth Director
NEW SECTION
WAC 220-330-11000D Clams other than razor clams—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-110, 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) Duckabush: Open through April 30, 2018.
(2) Kopachuck State Park: Open April 1 through May 31, 2018.
(3) Joemma Beach State Park: Closed immediately until further notice.
(4) Point Whitney Tidelands (excluding Point Whitney Lagoon): Open through April 30, 2018.
(5) Port Townsend Ship Canal/Portage Beach: Open through May 31, 2018.
NEW SECTION
WAC 220-330-14000D Oysters—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-140, 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) Duckabush: Open through April 30, 2018.
(2) Kopachuck State Park: Open April 1, 2018 through May 31, 2018.
(3) Joemma Beach State Park: Closed immediately until further notice.
(4) Port Townsend Ship Canal/Portage Beach: Open through May 31, 2018.
|