WSR 18-12-021 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 18-101—Filed May 24, 2018, 4:00 p.m., effective May 24, 2018, 4:00 p.m.] Effective Date of Rule: Immediately upon filing. Purpose: Amends harvest rules for hardshell clams and oysters. Citation of Rules Affected by this Order: Repealing WAC 220-330-11000D and 220-330-14000D; and 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: Recent clam and oyster survey data, sport harvest projections, and negotiations affecting intertidal treaty and nontreaty fisheries, along with public health considerations and administrative tasks, call for recreational clam and oyster seasons to be opened or extended on some public beaches and requires some beaches to be closed, removed, or the seasons shortened. This proposal reflects those openings and closures. This emergency rule is needed until permanent rules take effect which were filed on May 17, 2018, as WSR 18-11-077. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 24, 2018. Joe Stohr Director
NEW SECTION
WAC 220-330-11000E 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: Closed until further notice.
(2) Kopachuck State Park: Open 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.
(5) West Penn Cove: Closed immediately until further notice.
NEW SECTION
WAC 220-330-14000E 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: Closed until further notice.
(2) Kopachuck State Park: Open 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.
(5) West Penn Cove: Closed immediately until further notice.
REPEALER
The following sections of the Washington Administrative Code are repealed effective immediately:
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