WSR 99-08-047

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-24-- Filed March 31, 1999, 4:55 p.m. , effective April 1, 1999, 12:01 a.m. ]

Date of Adoption: March 29, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-350.

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 reflect tribal management plan agreement and to greater utilize the resource on this tideland. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 1, 1999, 12:01 a.m.

March 29, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-56-35000X
Clams other than razor clams--Areas and seasons.

Notwithstanding the provisions of WAC 220-56-310 and WAC 220-56-350, effective April 1, 1999 until further notice, it is unlawful to harvest or possess clams, cockles, or mussels taken for personal use from the following public tideland during the closed periods herein, and lawful to harvest only during the open periods to the amounts specified.

(1) Quilcene Bay - All state-owned tidelands in Quilcene Bay north of a line drawn from the north boundary of the Port of Port Townsend public beach/boat launch to Fisherman's Point are closed to the harvest of clams the entire year, except those tidelands of the west side of the bay defined by boundary markers and a sign in the parking area are open April 1 until further notice, daily from official sunrise to official sunset only. Access to these tidelands shall be by the designated upland parking lot only. Boat access is prohibited.

(2) The daily limit on these tidelands is 40 clams in the aggregate, not to exceed 10 pounds in weight.

(3) The minimum size for all species of clams is one and one-quarter inches.

(4) Clams taken from these tidelands may not be transported to another public beach.

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Washington State Code Reviser's Office