WSR 06-05-095

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-22 -- Filed February 14, 2006, 2:37 p.m. , effective March 1, 2006 ]


     Effective Date of Rule: March 1, 2006.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000X and 220-56-38000J; and amending WAC 220-56-350 and 220-56-380.

     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 open the sport clam and oyster season at Penrose State Park. Projected sport effort shows that the clam and oyster resource on this beach can support a longer season. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: February 14, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-35000Y   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) Penrose Point State Park: Open March 1 through May 31.

     (2) Rendsland Creek: Open through May 31.

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NEW SECTION
WAC 220-56-38000K   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) Penrose Point State Park: Open March 1 through May 31.

     (2) Sequim Bay State Park: Open until further notice.

     (3) Cushman Park: Closed through April 30. Open May 1 through May 31.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed effective March 1, 2006:


WAC 220-56-35000X Clams other than razor clams -- Areas and seasons. (05-278)
WAC 220-56-38000J Oysters -- Areas and seasons. (06-01)