WSR 03-07-025

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-49 -- Filed March 11, 2003, 9:45 a.m. ]

Date of Adoption: March 10, 2003.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000N; 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 regulation is needed to adjust seasons to accommodate changes in resource abundance and state/tribal allocations. Reduced clam populations and overharvest of the recreational share in 2002 requires closure of the sport fishery at the Potlatch beaches, and a reduced season at Brown Point. An increased clam population at Port Townsend Ship Canal allows a longer sport season. These rules are interim until permanent rules takes effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 10, 2003

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-35000P   Clams other than razor clams, cockles, borers, mussels--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 April 15, 2003.

(2) Port Townsend Ship Canal/Portage Canal: Open immediately through April 30, 2003.

(3) Potlatch DNR tidelands: Closed until further notice.

(4) Potlatch East: Closed until further notice.

(5) Potlatch State Park: Closed until further notice.

(6) Eagle Creek: Closed until further notice.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. May 1, 2003:


WAC 220-56-35000P Clams other than razor clams, cockles, borers, mussels--Areas and seasons.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office