WSR 97-12-009

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-83--Filed May 23, 1997, 11:10 a.m., effective May 25, 1997, 12:01 a.m.]

Date of Adoption: May 22, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-350.

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: The non-Indian share of the allowable harvest has been taken. The remainder of the harvestable clams are required to meet treaty tribe sharing requirements. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: May 25, 1997, 12:01 a.m.

May 22, 1997

Bern Shanks

Director

NEW SECTION

WAC 220-56-35000P Clams--Other than razor clams--Areas and seasons. Notwithstanding the provisions of wAC 220-56-350, effective 12:01 a.m. May 25, 1997 until further notice, it is unlawful to harvest or possess clams, cockles, or mussels taken for personal use from the following public tidelands:

1. Cline Spit

2. Frye Cove

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