WSR 14-03-004 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-01—Filed January 3, 2014, 1:25 p.m., effective January 3, 2014, 1:25 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-56-350 and 220-56-380.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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: Surveys at Belfair and Fort Flagler state parks indicate that the clam populations can support much longer seasons in 2014. At Point Whitney Lagoon, the clam population has decreased, requiring an earlier opening which will attract fewer harvesters. Oyster season should coincide with the clam season at Fort Flagler State Park. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: January 3, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-56-35000W 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 for personal use from the following public tidelands except during the open periods specified herein: (1) Belfair State Park: Open until further notice. (2) Fort Flagler State Park: Open through April 15, 2014. (3) Point Whitney Lagoon: Open through March 15, 2014.
NEW SECTION
WAC 220-56-38000D Oysters—Areas and seasons.
Notwithstanding the provisions of WAC 220-56-380, effective immediately through April 15, 2014, it is permissible to take and possess oysters for personal use from Fort Flagler State Park.
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