WSR 02-06-035

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-37 -- Filed February 26, 2002, 3:47 p.m. , effective March 1, 2002, 12:01 a.m. ]

Date of Adoption: February 22, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000J and 220-56-38000C; and amending WAC 220-56-350 and 220-56-380.

Statutory Authority for Adoption: RCW 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 regulation is needed to adjust seasons to accommodate changes in resource abundance and state/tribal allocations, and conforms to season changes adopted by the Fish and Wildlife Commission on February 9, 2002. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 1, 2002, 12:01 a.m.

February 22, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-35000K   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) Oakland Bay: Tidelands at the north end of Oakland Bay and on the channel of the northwest shore of the Bayshore Peninsula between department markers open immediately until further notice.

(2) Port Townsend Ship Canal: Open immediately through March 31.

(3) Dosewallips State Park: Open March 1, 2002 until further notice, only in area defined by boundary markers and signs posted on the beach.

(4) Duckabush: All state-owned tidelands on the west shore of Hood Canal from Quatsap Point southward to the main channel of the Duckabush River are open March 1, 2002 until further

notice.

(5) Penrose Point State Park: Open April 1 through April 30.

(6) Point Whitney Tidelands (excluding Point Whitney Lagoon): Open April 1 through April 30.

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NEW SECTION
WAC 220-56-38000D   Oysters -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-380, 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) Oakland Bay: Tidelands at the north end of Oakland Bay and on the channel of the northwest shore of the Bayshore Peninsula between department markers open immediately until further notice.

(2) Dosewallips State Park: Open March 1, 2002 until further notice, only in area defined by boundary markers and signs posted on the beach.

(3) Duckabush: All state-owned tidelands on the west shore of Hood Canal from Quatsap Point southward to the main channel of the Duckabush River are open March 1, 2002 until further notice.

(4) Penrose Point State Park: Open April 1 through April 30.

(5) Kopachuck State Park: Open March 1, 2002 until further notice.

[]


REPEALER


The following sections of the Washington Administrative Code are repealed effective 12:01 a.m. March 1, 2002:


WAC 220-56-25000J Clams other than razor clams--Areas and seasons. (01-276)
WAC 220-56-38000C Oysters--Areas and seasons. (01-276)

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