WSR 17-19-036 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-240—Filed September 11, 2017, 3:27 p.m., effective September 13, 2017] Effective Date of Rule: September 13, 2017. Purpose: Amends recreational harvest rules for hardshell clams and oysters. Citation of Rules Affected by this Order: Repealing WAC 220-330-11000B and 220-330-14000B; 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 survey data, sport harvest projections, and negotiations affecting intertidal treaty and non-treaty fisheries, along with public health considerations and administrative tasks, call for recreational clam and oyster seasons to be extended or shortened on some public beaches. The department of fish and wildlife is in the process of adopting permanent rules. These rules are interim until permanent rules take effect. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 11, 2017. Joe Stohr
for J. W. Unsworth Director
NEW SECTION
WAC 220-330-11000C 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 September 13 through October 31, 2017
(2) Fort Flagler State Park: Open until further notice
(3) Indian Island County Park/Lagoon Beach: Open through September 30, 2017
(4) Port Gamble Heritage Park Tidelands: Open until further notice.
NEW SECTION
WAC 220-330-14000C 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 September 13 through October 31, 2017
(2) Fort Flagler State Park: Open until further notice
(3) Indian Island County Park/Lagoon Beach: Open through September 30, 2017
(4) Port Gamble Heritage Park Tidelands: Open until further notice.
REPEALER
The following sections of the Washington Administrative Code are repealed effective September 13, 2017:
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