WSR 99-02-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-255--Filed December 23, 1998, 3:41 p.m., effective January 1, 1999, 12:01 a.m.]



Date of Adoption: December 23, 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: This regulation is necessary to shorten or close seasons to protect smaller than normal populations of clams and oysters. The exception is for Mystery Bay State Park which opens for clam harvest based on higher than normal population surveys. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: January 1, 1999, 12:01 a.m.

December 23, 1998

Sara G. LaBorde

for Larry Peck

Acting Director



NEW SECTION



WAC 220-56-35000V   Clams other than razor clams--Areas and seasons, Notwithstanding the provisions of WAC 220-56-350, effective 12:01 a.m. January 1, 1999 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 specified herein:

(1) Cline Spit - Closed until further notice

(2) Dosewallips State Park - Closed through February 28.

(3) Mystery Bay State Park - Open until further notice.

(4) North Sequim Bay State Park - Closed until further notice

(5) Oak Bay County Park - Closed until further notice.

(6) Potlatch DNR - Closed through February 28.

(7) Potlatch State Park - Closed through February 28.

(8) Sequim Bay State Park - Closed until further notice.



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NEW SECTION



WAC 220-56-38000P   Oysters--Areas and seasons. Notwithstanding the provisions of WAC 220-56-380, effective 12:01 a.m. January 1, 1999 until further notice, it is unlawful to harvest or possess oysters taken for personal use from the following public tidelands except as provided below:

(1) Dosewallips State Park - Closed through February 28.

(2) Point Whitney Tidelands - Closed until further notice.

(3) Potlatch State Park - Closed through February 28.



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