WSR 10-06-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-41 -- Filed February 23, 2010, 3:03 p.m. , effective March 1, 2010 ]


Effective Date of Rule: March 1, 2010.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-350 and 220-56-380.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 the clam population will not support a recreational season in 2010. The oyster season coincides with the clam season at this beach. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 23, 2010.

Philip Anderson

Director


NEW SECTION
WAC 220-56-35000I   Clams other than razor clams -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-350, effective March 1, 2010, 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: Closed until further notice.

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NEW SECTION
WAC 220-56-38000S   Oysters -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-380, effective March 1, 2010, until further notice, it is unlawful to take and possess oysters for personal use from the following public tidelands except during the open periods specified herein:

(1) Penrose Point State Park: Closed until further notice.

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Washington State Code Reviser's Office