WSR 97-02-070

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 96-216--Filed December 31, 1996, 10:03 a.m., effective January 1, 1997, 12:01 a.m.]

Date of Adoption: December 31, 1996.

Purpose: Personal use rules.

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

Statutory Authority for Adoption: RCW 75.08.080.

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: These rules are necessary to conserve the resource and to provide maximum recreational harvest opportunity. These regulations implement proposed permanent regulations until permanent regulations become effective.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: January 1, 1997, 12:01 a.m.

December 31, 1996

Betty Buckley

for Bern Shanks

Director

NEW SECTION

WAC 220-56-35000N Clams other than razor clams--Areas and seasons. Notwithstanding the provisions of WAC 220-56-350, effective 12:01 a.m. January 1, 1997 until further notice, it is unlawful to harvest or possess clams, cockels, or mussels taken for personal use from the following public tidelands during the closed periods herein, and lawful to harvest only during the open periods herein.

(1) Ala (Ben Ure) Spit - Open January 1 through April 15.

(2) Brown Point (DNR 57B) - Open until further notice.

(3) Eagle Creek - Open January 1 until further notice.

(4) Gertrude Island - Closed January 1 until further notice.

(5) Kopachuck State Park - Closed until further notice.

(6) Long Point - Open January 1 through April 15.

(7) McNeil Island - Closed January 1 until further notice.

(8) Mukilteo State Park - Closed January 1 until further notice.

(9) Mystery Bay State Park - Open April 1 until further notice.

(10) North Sequim Bay State Park - Open April 1 until further notice.

(11) Pitt Island - Closed January 1 until further notice.

(12) Port Townsend Ship Canal East - Open April 1 until further notice.

(13) Potlatch State Park - Open until further notice.

(14) Potlatch (DNR tidelands) - Open until further notice.

(15) Rendsland Creek - Open January 1 through April 15.

(16) Scenic Beach State Park - Open April 16 until further notice.

(17) Sequim Bay State Park - Open April 1 until further notice.

(18) South Indian Island County Park - Open until further notice.

(19) Useless Bay State Park (Double Bluffs) - Open April 1 until further notice.

(20) West Dewatto (DNR 44A) - Open January 1 until further notice.

(21) Winas Maylor Point - East - Open through April 15.

(22) Wolfe Property State Park - Open April 1 until further notice.

[]

Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 220-56-38000I Oysters--Areas and seasons. Notwithstanding the provisions of WAC 220-56-380, effective 12:01 a.m. January 1, 1997 until further notice, it is unlawful to harvest or possess oysters taken for personal use from the following public tidelands during the closed periods herein and lawful to harvest only during the open periods herein.

(1) Brown Point (DNR 57B) - Closed until further notice.

(2) North Bay Oyster Reserve - Closed January 1 until further notice.

(3) Point Whitney Lagoon - Open January 1 until further notice.

(4) Potlatch State Park - Open January 1 until further notice.

(5) Scenic Beach State Park - Open April 16 until further notice.

(6) West Dewatto (DNR 44A) - Open until further notice.

(7) Wolfe Property State Park - Closed January 1 through March 31, 1997.

[]

REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. January 1, 1997:

WAC 220-56-38000H Oysters--Areas and seasons. (96-159)

Legislature Code Reviser

Register

Washington State Code Reviser's Office