WSR 00-08-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-40 -- Filed March 30, 2000, 4:47 p.m. , effective March 31, 2000, 12:01 a.m. ]

Date of Adoption: March 30, 2000.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: 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: This regulation is necessary to ensure conservation and/or court ordered sharing of the allowable harvest and are interim until the permanent rules take effect. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: March 31, 2000, 12:01 a.m.

March 30, 2000

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-56-35000F
Clams other than razor clams--Areas and seasons.

Notwithstanding the provisions of WAC 220-56-350, effective 12:01 a.m. March 31, 2000, until further notice, it is unlawful to harvest or possess clams, cockles, 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 specified herein:

(1) Frye Cove - Open through May 31

(2) Hope Island State Park - Closed until further notice

(3) Oyster Reserves - Willapa Bay - Long Island oyster reserve open the entire year.

(4) Pillar Point County Park - Open through April 30

(5) Potlatch State Park - Open through June 30

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NEW SECTION
WAC 220-56-38000X
Oysters--Areas and seasons.

Notwithstanding the provisions of WAC 220-56-380, effective 12:01 a.m. March 31, 2000, until further notice, it is unlawful to harvest or possess oysters taken for personal use from the following public tidelands except as provided below:

(1) Brown Point - Closed until further notice

(2) Eagle Creek - Open through May 31

(3) Freshwater Bay County Park Tidelands (west of Port Angeles) - Open May 16 through July 15

(3) Point Whitney Tidelands - Open April 1 through July 15

(4) Potlatch State Park - Open through June 30.

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

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Reviser's note: The typographical 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.

Washington State Code Reviser's Office