WSR 04-03-010A

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-01 -- Filed January 9, 2004, 4:09 p.m. ]


     Date Adopted: January 9, 2004.

     Purpose: Personal use rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-56-350 and 220-56-380.

     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 protect the limited clam resource at West Dewatto and to compensate for overharvest in 2003. The oyster changes are needed to make oyster seasons coincide with clam seasons for better enforcement. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

January 9, 2004

J. P. Koenings

Director


NEW SECTION
WAC 220-56-35000Q   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) West Dewatto (DNR 44-A): Closed

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[NEW SECTION]WAC 220-56-38000G   Oysters -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-380, effective immediately until further notice, it is unlawful to harvest or possess oysters for personal use from the following public tidelands:

     (1) Hope Island State Park: Closed through March 31, 2004

     (2) Potlatch DNR Tidelands: Closed through March 31, 2004

     (3) Sequim Bay State Park: Closed until through April 30, 2004

     (4) South Indian Island County Park: Closed through March 31, 2004

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     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.