WSR 19-04-077

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 19-21—Filed February 1, 2019, 3:06 p.m., effective February 4, 2019]

Effective Date of Rule: February 4, 2019.

Purpose: Amend recreational clam rules in Puget Sound.

Citation of Rules Affected by this Order: Amending WAC 220-330-110.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, and 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: This emergency rule is necessary to close the clam season at Dosewallips State Park. Surveys indicate the clam population at this beach has declined while recreational harvesting effort has increased, and the state's clam share was exceeded in 2018. The 2019 state clam share will only allow for a short, late summer clam season. The oyster season on this beach will remain open year-round. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 1, 2019.

Kelly Susewind

Director