WSR 12-07-030

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-35 -- Filed March 13, 2012, 3:16 p.m. , effective March 13, 2012, 3:16 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend recreational 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 on this beach has increased, allowing a longer season in 2012. The delayed opening date avoids conflicts with the seaweed season and adds harvest opportunity in this region after other local beaches have closed. Oyster season should coincide with the clam season on 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 13, 2012.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-56-35000S   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) Fort Flagler State Park, including that portion of the spit west of the park boundary (Rat Island): Open May 15, 2012, until further notice.

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

(1) Fort Flagler State Park, including that portion of the spit west of the park boundary (Rat Island): Open May 15, 2012, until further notice.

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Washington State Code Reviser's Office