WSR 06-17-080

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-206 -- Filed August 14, 2006, 1:45 p.m. , effective August 14, 2006 ]


Effective Date of Rule: Immediately.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-01900B; and amending WAC 220-52-019.

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 emergency rule is necessary to standardize depth restriction. The current rule of seventy feet below any tide height is unclear as to legal harvest depth. This rule is interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 14, 2006.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-01900B   Geoduck clams -- Gear and unlawful acts.   Notwithstanding the provisions of WAC 220-52-019, effective immediately until further notice, it is unlawful to harvest geoduck clams in areas deeper than seventy feet below mean lower low water (0.0 ft.).

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REPEALER


The following section of the Washington Administrative Code is repealed effective September 10, 2006:


WAC 220-52-01900B Geoduck clams -- Gear and unlawful acts.

Washington State Code Reviser's Office