WSR 99-09-034

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-34-- Filed April 15, 1999, 4:33 p.m. ]

Date of Adoption: April 15, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000W and 220-56-38000Q.

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 regulations are necessary to shorten or close seasons to protect smaller than normal populations of clams and oysters and provide opportunity when harvest rates have not met expectations. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

April 15, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-56-35000Y
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) Sequim Bay State Park, North and South Sections - Closed through May 15.

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

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

(5) Potlatch State Park - Open until further notice.

(6) West Dewatto (DNR 44A) - Closed until further notice.

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NEW SECTION
WAC 220-56-38000R
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 until further notice.

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

(3) Potlatch State Park - Open until further notice.

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

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Washington State Code Reviser's Office