WSR 17-07-127 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-54—Filed March 22, 2017, 11:19 a.m., effective April 1, 2017] Effective Date of Rule: April 1, 2017.
Purpose: Amend recreational harvest rules for hardshell clams.
Citation of Existing Rules Affected by this Order: Amending WAC 220-330-120.
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 regulation removes the exception to the statewide minimum size limit for clams at Quilcene Bay Tidelands. The smaller minimum size of 1-1/4 inches was in place because historically clams on the public tidelands in Quilcene Bay tended to be stunted and did not often reach the standard minimum harvest size of 1-1/2 inches. Changing ecology, likely related to a decrease in oyster biomass on the Quilcene Bay Tidelands, has resulted in more normal growth patterns for Manila clams at this location. State and tribal comanagers have agreed that the smaller minimum size restriction for clam harvest on the west side of Quilcene Bay, north of the boat ramp, is no longer necessary. There is insufficient time to promulgate a permanent rule.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 21, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-330-12000A Clams, oysters, mussels—Unlawful acts.
Notwithstanding the provisions of WAC 220-330-120, effective April 1, 2017, until further notice, 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 from Quilcene Bay Tidelands (west side of Quilcene Bay north of the county boat ramp).
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