WSR 98-15-091

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-131--Filed July 16, 1998, 3:21 p.m.]



Date of Adoption: June 16, 1998.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: 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: The openings provide additional opportunity for the recreational fishery to take its share of the harvestable resource. The closures ensure conservation and/or court ordered sharing of the allowable harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 0, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

July 16, 1998

J. D. Brittell

for Bern Shanks

Director



NEW SECTION



WAC 220-56-35000U  Clams other than razor clams--Areas and seasons. Notwithstanding the provisions of WAC 220-56-350, effective immediately until further notice it is unlawful to harvest or possess clams, cockles, or mussels taken for personal use from the following public tidelands except as provided below:

(1) Port Townsend Ship Canal - Open until further notice

(2) Shine Tidelands State Park - Open until further notice

(3) South Indian Island County Park - Open until further notice

(4) Point Whitney Tidelands - Closed until further notice



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NEW SECTION



WAC 220-56-38000M  Oysters--Areas and seasons. Notwithstanding the provisions of WAC 220-56-380, effective immediately until further notice, it is unlawful to harvest or possess oysters taken for personal use from Point Whitney Tidelands.



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