WSR 04-09-006

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-70 -- Filed April 7, 2004, 4:41 p.m. ]

     Date of Adoption: April 7, 2004.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000S; 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 and are interim until permanent rules take 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

April 7, 2004

J. P. Koenings

Director


NEW SECTION
WAC 220-56-35000T   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) Freeland County Park: Closed June 1 until further notice.

     (4) Point Whitney Lagoon: Open immediately through May 31.

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

     (6) Potlatch East: Open immediately through June 15.

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

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

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

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-35000S Clams other than razor clams--Areas and seasons. (04-48)

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