WSR 99-13-168

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-84-- Filed June 22, 1999, 1:38 p.m. , effective June 23, 1999, 12:01 a.m. ]

Date of Adoption: June 21, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000Z and 220-56-38000S; and 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 state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The recreational harvesters have taken their 50% of the resource and this regulation is necessary to 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 23, 1999, 12:01 a.m.

June 21, 1999

Larry W. Peck

for Jeff P. Koenings

Director


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

Notwithstanding the provisions of WAC 220-56-350, effective 12:01 a.m. June 23, 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) DNR 57B (Brown Point) Closed July 15 until further notice.

(2) Dosewallips State Park - Closed June 30 until further notice.

(3) Kitsap Memorial State Park - Closed June 30 until further notice.

(4) South Indian Island County Park - Closed June 30 until further notice.

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NEW SECTION
WAC 220-56-38000T
Oysters--Areas and seasons.

Notwithstanding the provisions of WAC 220-56-380, effective 12:01 a.m. June 23, 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) Potlatch State Park - Closed June 23 - until further notice.

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REPEALER

The following sections of the Washington Administrative Code are repealed effective 11:59 p.m. June 22, 1999:


WAC 220-56-35000Z Clams other than razor clams--Areas and seasons. (99-47)
WAC 220-56-38000S Oyster--Areas and seasons. (99-47)

Washington State Code Reviser's Office