WSR 05-06-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-26 -- Filed February 18, 2005, 3:12 p.m. , effective February 18, 2005 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000U; and amending WAC 220-56-350.

Statutory Authority for Adoption: RCW 77.12.240.

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 protect the clam resource at Dosewallips State Park; surveys show a reduction in the clam population requiring a delay in the opening date. At Point Whitney Tidelands, surveys indicate that the clam population has increased and the season can be extended. These rules 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 17, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 220-56-35000V   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) Dosewallips State Park: Open April 1 until further notice.

(2) Point Whitney Tidelands: Open March 1 through April 15.

(3) Rendsland Creek: CLOSED

(4) West Dewatto (DNR 44-A): Open immediately through April 15.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-35000U Clams other than razor clams -- Areas and seasons. (05-319)

Washington State Code Reviser's Office