WSR 04-06-035

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-32 -- Filed February 26, 2004, 3:12 p.m. ]

     Date of Adoption: February 26, 2004.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000Q; 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 Point Whitney Lagoon is extended due to an increase in the surveyed clam population. The clam season at Point Whitney Tidelands is opened a month earlier to provide a more continuous string of sport harvest opportunities at local public 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

February 26, 2004

J. P. Koenings

Director


NEW SECTION
WAC 220-56-35000R   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) Point Whitney (excluding Point Whitney Lagoon): Open March 1 through March 31.

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

     (3) West Dewatto (DNR44-A) Closed.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-35000Q Clams other than razor clams -- Areas and seasons. (04-01)

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