WSR 06-07-114

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-48 -- Filed March 17, 2006, 1:39 p.m. , effective March 17, 2006 ]


     Effective Date of Rule: Immediately.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000Y and 220-56-38000K; 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: Surveys indicate that increased clam populations at Scenic Beach, Fort Flagler, Illahee, and Point Whitney can support opened or longer seasons; surveys indicated that Dosewallips State Park clam populations can only support a shortened season. There is insufficient time to promulgate permanent rules. Surveys indicate that oyster populations on both beaches can support open or extended seasons. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 16, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-35000Z   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 May 15 until further notice.

     (2) Fort Flagler State Park: Open April 1 until further notice.

     (3) Illahee State Park: Open April 1 until further notice.

     (4) Penrose Point State Park: Open through May 31.

     (5) Point Whitney Tidelands: Open until further notice.

     (6) Rendsland Creek: Open through May 31.

     (7) Scenic Beach State Park: Open April 15 through May 15.

     (8) West Dewatto (DNR 44-A): Open through May 31.

[]


NEW SECTION
WAC 220-56-38000L   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) Cushman Park: Open May 1 through May 31.

     (2) Illahee State Park: Open April 1 until further notice.

     (3) Penrose Point State Park: Open through May 31.

     (4) Scenic Beach State Park: Open April 15 through May 15.

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

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-56-35000Z Clams other than razor clams -- Areas and seasons. (06-22)
WAC 220-56-38000L Oysters -- areas and seasons. (06-22)

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