WSR 03-10-002

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-71 -- Filed April 23, 2003, 4:26 p.m. ]

     Date of Adoption: April 22, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-52-020.

     Statutory Authority for Adoption: RCW 77.12.047.

     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: Current language is not consistent with RCWs. This emergency regulation will provide for commercial clam sales as provided for in RCW 77.60.030 and 77.60.050. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

April 22, 2003

J. P. Koenings

Director


NEW SECTION
WAC 220-52-02000A   Clams -- Commercial harvest.   Notwithstanding the provisions of WAC 220-52-020, effective immediately until further notice, it is lawful to take, dig for or possess clams, cockles, borers or mussels taken for commercial purposes from the tidelands of the state of Washington whenever under contract or permit with the Department of Fish and Wildlife.

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