WSR 99-07-008

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-16-- Filed March 5, 1999, 3:03 p.m. ]

Date of Adoption: March 3, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000V and 220-56-38000P; and amending WAC 220-56-350 and 220-56-380.

Statutory Authority for Adoption: RCW 77.12.040.

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 regulations are necessary to shorten or close seasons to protect smaller than normal populations of clams and oysters. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

March 3, 1999

J. P. Koenings

Director


NEW SECTION
WAC 220-56-35000W
Clams other than razor clams--areas and seasons.

Notwithstanding the provisions of WAC 220-56-350, immediately 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) Eagle Creek - Open through April 30.

(3) Fort Flagler State Park - Closed May 1 until further notice.

(4) Mystery Bay State Park - Open through April 30.

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

(6) Oak Bay County Park - Closed through April 30.

(7) Pillar Point County Park - Open through April 30.

(8) Potlatch State Park - Open through March 31.

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

(10) West Dewatto (DNR 44A) - Closed March 16 until further notice.

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NEW SECTION
WAC 220-56-38000Q
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 the following public tidelands except as provided below:

(1) Eagle Creek - Closed April 1 until further notice.

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

(3) Potlatch State Park - Closed April 16 until further notice.

(4) West Dewatto (DNR 44A) - Closed March 16 until further notice.

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REPEALER


The following sections of the Washington Administrative Code are repealed:


WAC 220-56-35000VClams other than razor clams--Areas and seasons. (98-255)
WAC 220-56-38000POysters--Areas and seasons. (98-255)

Washington State Code Reviser's Office