WSR 97-17-006

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-142--Filed August 7, 1997, 11:51 a.m., effective August 7, 1997, 12:01 a.m.]

Date of Adoption: August 6, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000P; and amending WAC 220-56-350 and 220-56-380.

Statutory Authority for Adoption: RCW 75.08.080.

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: These rules are necessary to conserve the resource and to provide maximum recreational harvest opportunity. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 2, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: August 7, 1997, 12.01 a.m.

August 6, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-56-35000Q Clams other than razor clams--Areas and seasons. Notwithstanding the provisions of WAC 220-56-350, effective 12:01 a.m. August 7, 1997 until further notice, it is unlawful to harvest or possess clams, cockles, or mussels taken for personal use from the following public tidelands during the closed periods herein, and lawful to harvest only during the open periods herein.

(1) Double Bluffs State Park - Open until further notice.

(2) Port Townsend Ship Canal - Open until further notice.

(3) Wolfe Property State Park - Open until further notice.

(4) Cline Spit - Closed until further notice.

(5) Frye Cove - Closed until further notice.

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NEW SECTION

WAC 220-56-38000J Oysters--Areas and seasons. Notwithstanding the provisions of WAC 220-56-380, effective 11:59 p.m. August 15, 1997 until further notice, it is unlawful to harvest or possess oysters taken for personal use from the following public tidelands:

(1) Dosewallips State Park

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 7, 1997: