WSR 04-07-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-48 -- Filed March 9, 2004, 4:58 p.m. ]

Date of Adoption: March 9, 2004.

Purpose: Amend personal use fishing rules.

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

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: This emergency regulation is needed to implement clam season changes adopted by the Fish and Wildlife Commission. The clam season at Brown Point is extended due to an increase in the surveyed clam population. The clam season at Fort Flagler is extended due to an increase in the clam population and is shifted two weeks later to allow the beach to be open during free fishing weekend. The clam seasons at Potlatch DNR, Potlatch East, and Potlatch State Park are opened due to an increase in surveyed clam populations. Point Whitney Lagoon season extension remains in effect due to an increase in the clam population. The Point Whitney Tidelands season shift remains in effect to provide a more continuous string of sport harvest opportunities at local beaches. Closure at West Dewatto remains in effect to protect the limited clam resource. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

March 9, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-35000S   Clams other than razor clams -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-350, effective immediately until further notice, it is unlawful to take, dig for and possess clams, cockles, and mussels taken for personal use from the following public tidelands except during the open periods specified herein:

(1) Brown Point (DNR 57-B): Open immediately through June 30.

(2) Fort Flagler State Park including that portion of the spit west of the park boundary (Rat Island): Open April 15 through June 15.

(3) Point Whitney (excluding Point Whitney Lagoon): Open immediately through March 31.

(4) Point Whitney Lagoon: Open April 1 though May 31.

(5) Potlatch DNR tidelands: Open April 1 through June 15.

(6) Potlatch East: Open April 1 through June 15.

(7) Potlatch State Park: Open April 1 through June 15.

(8) South Indian Island County Park: Open April 1 through June 30.

(9) West Dewatto (DNR 44-A): Closed.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-35000R Clams other than razor clams -- Areas and seasons. (04-32)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office