WSR 06-02-012

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-278 -- Filed December 22, 2005, 4:37 p.m. , effective January 1, 2006, 12:01 a.m. ]


     Effective Date of Rule: January 1, 2006, 12:01 a.m.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: 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 reopen the sport clam season at Rendsland Creek. Surveys indicate an increase in the clam population, and a negotiated trade with the Skokomish Tribe has further added to the state's share of clams on this beach. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: December 16, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-56-35000X   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) Rendsland Creek: Open January 1, 2006 until further notice.

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