Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000T.

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: Large numbers of small clams are available for recreational harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: June 30, 1998, 6:00 p.m.

June 30, 1998

Larry Peck

for Bern Shanks

Director

WAC 220-56-35000T   Clams other than razor clams--Areas and seasons. Notwithstanding the provisions of WAC 220-56-310 and WAC 220-56-350, effective 12:01 a.m. July 1, 1998 through September 30, 1998 it is unlawful to harvest or possess clams, cockles, or mussels taken for personal use from the following public tideland during the closed periods herein, and lawful to harvest only during the open periods to the amounts specified.

(1) Quilcene Bay - All state-owned tidelands in Quilcene Bay north of a line drawn from the North boundary of the Port of Port Townsend public beach/boat launch to Fisherman's Point are closed to the harvest of clams the entire year, except those tidelands on the west side of the bay defined by boundary markers and a sign in the parking area are open July 1 through September 30, 1998, daily from official sunrise to official sunset only. Access to these tidelands shall be by the designated upland parking lot only. Boat access is prohibited.

(2) The daily limit on these tidelands is 80 clams in the aggregate, not to exceed 10 pounds in weight.

(3) The minimum size for all species of clams is one and one-quarter inches.

(4) Clams taken from these tidelands may not be transported to another public beach.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. September 30, 1998:

WAC 220-56-35000T Clams other than razor clams--Areas and seasons.