WSR 17-01-109 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-328—Filed December 19, 2016, 3:17 p.m., effective January 1, 2017] Effective Date of Rule: January 1, 2017.
Purpose: Amend Puget Sound recreational clam and oyster rules.
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: This emergency rule is needed because surveys at Sequim Bay State Park, Fort Flagler State Park, Point Whitney Tidelands and Freeland County Park, indicate that the clam populations on these beaches can support longer sport clam seasons. Similarly, oyster surveys at Sequim Bay State Park, Fort Flagler State Park, and Freeland County Park, indicate that these beaches can support a longer oyster season, and the seasons should coincide with the clam seasons on these beaches. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 19, 2016.
Joe Stohr
for J. W. Unsworth
Director
NEW SECTION
WAC 220-56-35000I Clams other than razor clams, mussels—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:
(a) Fort Flagler State Park: Open January 1 through April 15, 2017, except that portion of Rat Island and the spit west and south of the park boundary is closed year-round from two white posts on the north end of the island at the vegetation line south to the end of the island.
(b) Freeland County Park: Open January 1, 2017 until further notice.
(c) Point Whitney Tidelands: Open January 1 through March 31, 2017.
(d) Sequim Bay State Park: Open January 1, 2017, until further notice.
(e) West Penn Cove: Closed January 1, 2017, until further notice, from the property boundary at the Grasser's Lagoon access on Highway 20 to the dock extending across the tidelands from Captain Whidbey Inn on Madrona Road.
[NEW SECTION]
WAC 220-56-38000N 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:
(a) Fort Flagler State Park: Open January 1 through April 15, 2017, except that portion of Rat Island and the spit west and south of the park boundary is closed year-round from two white posts on the north end of the island at the vegetation line south to the end of the island.
(b) Freeland County Park: Open January 1, 2017, until further notice.
(c) Sequim Bay State Park: Open January 1, 2017, until further notice.
(d) West Penn Cove: Closed January 1, 2017, until further notice, from the property boundary at the Grasser's Lagoon access on Highway 20 to the dock extending across the tidelands from Captain Whidbey Inn on Madrona Road.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office. |