WSR 05-09-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-66 -- Filed April 12, 2005, 2:39 p.m. , effective April 12, 2005 ]


Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000V and 220-56-38000H; and 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: Recent surveys indicate a significant decrease in the oyster population and limited clam population that will not permit this beach to open for either oyster or clam harvest in 2005. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 11, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-35000W   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) Scenic Beach State Park: CLOSED.

(2) Dosewallips State Park: Open until further notice.

(3) Point Whitney Tidelands: Open through April 15.

(4) Rendsland Creek: CLOSED.

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

[]


NEW SECTION
WAC 220-56-38000I   Oysters -- Areas and seasons   Notwithstanding the provisions of WAC 220-56-380, effective immediately until further notice, it is unlawful to take, dig for and possess oysters taken for personal use from the following public tidelands except during the open periods specified herein:

(1) Scenic Beach State Park: CLOSED

(2) Dosewallips State Park: Open until further notice.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-56-35000W [35000V] Clams other than razor clams -- Areas and seasons. (05-26)
WAC 220-56-38000I [38000H] Oysters -- Areas and seasons. (04-319)

Washington State Code Reviser's Office