WSR 09-08-018

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-36 -- Filed March 23, 2009, 2:58 p.m. , effective April 1, 2009 ]


Effective Date of Rule: April 1, 2009.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000F and 220-56-38000Q; 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: Last year the clam and oyster season at this park was scheduled to be open April 1 through June 15, but was closed most of this time by department of health due to paralytic shellfish poisoning (PSP). PSP closures have prevented harvest on this beach during much of the spring season for the last several years. This season change was adopted by the fish and wildlife commission at their February 2009 meeting. These rules are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 23, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-56-35000F   Clams other than razor clams -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-350, effective April 1 through May 14, 2009, it is unlawful to take, dig for and possess clams, cockles, and mussels taken for personal use from the public tidelands at Fort Flagler State Park.

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NEW SECTION
WAC 220-56-38000Q   Oysters -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-380, effective April 1 through May 14, 2009, it is unlawful to take, dig for and possess oysters taken for personal use from the public tidelands at Fort Flagler State Park.

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REPEALER


The following sections of the Washington Administrative Code are repealed effective May 15, 2009:


WAC 220-56-35000F Clams other than razor clams -- Areas and seasons.
WAC 220-56-38000Q Oysters -- Areas and seasons.

Washington State Code Reviser's Office