WSR 05-01-131

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-319 -- Filed December 16, 2004, 9:39 a.m. , effective December 16, 2004 ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-350 and 220-56-380.

Statutory Authority for Adoption: RCW 77.12.047.

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 regulation is needed to protect the limited clam resource at Rendsland Creek; surveys show that the clam population there will not support a season this year. Surveys indicate that the West Dewatto clam population has increased and the beach can be reopened for sport clamming. This regulation is also needed to open the oyster season at Dosewallips State Park prior to permanent WAC taking effect May 1. Surveys indicate that the oyster population at Dosewallips State Park will support a year-round season. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 15, 2004.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-35000U   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 taken for personal use from the following public tidelands except during the open periods specified herein:

(1) Rendsland Creek: CLOSED.

(2) West Dewatto (DNR 44-A): Open January 1 through April 15.

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

(1) Dosewallips State Park: Open January 1 until further notice.

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