WSR 02-10-029

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-82 -- Filed April 24, 2002, 10:23 a.m. , effective May 1, 2002, 12:01 a.m. ]

Date of Adoption: April 24, 2002.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000K and 220-56-38000D; and amending WAC 220-56-350 and 220-56-380.

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 seasons to accommodate national security at WINAS, and changes in resource abundance due to an unexpected clam die-off at Kayak Point. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 1, 2002, 12:01 a.m.

April 24, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-35000L   Clams other than razor clams -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-350, effective May 1, 2002 until further notice, it is unlawful to take, dig for and possess clams, cockles, and mussels taken for personal use from the following public tidelands except during the open periods specified herein:

(1) Oakland Bay: Tidelands at the north end of Oakland Bay and on the channel of the northwest shore of the Bayshore Peninsula between department markers open until further notice.

(2) Dosewallips State Park: Open until further notice, only in area defined by boundary markers and signs posted on the beach.

(3) Duckabush: All state-owned tidelands on the west shore of Hood Canal from Quatsap Point southward to the main channel of the Duckabush River are open until further notice.

(4) Kayak Point County Park: Closed until further notice.

(5) WINAS-Maylor Point - East: Closed until further notice.

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NEW SECTION
WAC 220-56-38000E   Oysters -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-380, effective May 1, 2002 until further notice, it is unlawful to take, dig for and possess clams, cockles, and mussels taken for personal use from the following public tidelands except during the open periods specified herein:

(1) Oakland Bay: Tidelands at the north end of Oakland Bay and on the channel of the northwest shore of the Bayshore Peninsula between department markers open immediately until further notice.

(2) Dosewallips State Park: Open until further notice, only in area defined by boundary markers and signs posted on the beach.

(3) Duckabush: All state-owned tidelands on the west shore of Hood Canal from Quatsap Point southward to the main channel of the Duckabush River are open until further notice.

(4) Kopachuck State Park: Open through June 30, 2002.

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REPEALER

The following sections of the Washington State Administrative Code are repealed effective 12:01 a.m. May 1, 2002:


WAC 220-56-35000K Clams other than razor clams -- Areas and seasons. (02-37)
WAC 220-56-38000D Oysters -- Areas and seasons. (02-37)

Washington State Code Reviser's Office