WSR 98-09-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-45--Filed April 6, 1998, 4:39 p.m.]



Date of Adoption: April 6, 1998.

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: These rules are necessary to conserve the resource and to provide maximum recreational harvest opportunity. These regulations implement proposed permanent regulations until permanent regulations become effective.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

April 6, 1998

Larry Peck

for Bern Shanks

Director



NEW SECTION



WAC 220-56-35000S  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 harvest or possess clams, cockles, or mussels taken for personal use from the following public tidelands during the closed periods herein, and lawful to harvest only during the open periods specified herein.

(1) Dabob Bay - All state-owned tidelands in Dabob Bay north of a line drawn from Camp harmony to Lindsays Beach are closed to the harvest of oysters the entire year, except as follows: State-owned tidelands from a row of tires at Camp Discovery south approximately 2,000 feet to a second row of tires, and state-owned tidelands beginning approximately 3/4 mile north of Camp Harmony extending approximately 1,200 feet north state-owned tidelands from markers and signs posted immediately north of the community of Lindsays Beach north to a line immediately north of Broadspit (identified by markers and signs) are open immediately until further notice.

(2) Kayak Point County Park - Open through April 15, 1998.

(3) Rendsland Creek - Open until further notice.

(4) Seahurst County Park - Closed April 16, 1998 until further notice.

(5) Useless Bay State Park - Open until further notice.

(6) Wolfe Property State Park - Open until further notice.

(7) Frye Cove - Closed until further notice.

(8) Pitship Point - Closed until further notice.

(9) Winas-Maylor Point-East - Open until further notice.

(10) Ben Ure (Ala) Spit - Open through June 15, 1998.



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REPEALER



The following section of the Washington Administrative Code is repealed:



WAC 220-56-35000R Clams other than razor clams--Areas and seasons. (98-04)

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