WSR 02-15-120

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-155 -- Filed July 18, 2002, 4:46 p.m. ]

Date of Adoption: July 18, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-355.

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 the size limit for clams in Quilcene Bay to conform to current state/tribal agreements. This regulation is interim until the permanent rule takes 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Immediately.

July 18, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-35500C   Clams -- Unlawful acts.   Notwithstanding the provisions of WAC 220-56-355, effective immediately until further notice, in state-owned tidelands in Quilcene Bay, it is unlawful to possess Manila, native littleneck, cockle, or butter clams taken for personal use which measure less than 1-1/4 inches across the longest dimension of the shell.

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Washington State Code Reviser's Office