06-02-093

WSR 06-02-093

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-01 -- Filed January 4, 2006, 11:26 a.m. , effective January 4, 2006 ]

     Effective Date of Rule: Immediately.

     Purpose: Amend personal use fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 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 open the sport oyster season year-round at Sequim Bay State Park, and to protect the oyster resource at Cushman Park. The oyster population at Sequim Bay is entirely due to enhancement efforts and can sustain a year-round sport fishery. Surveys at Cushman Park indicate that the oyster population will support only a limited season in 2006. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: January 4, 2006.

J. P. Koenings

Director

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

     (1) Sequim Bay State Park: Open until further notice.

     (2) Cushman Park: Closed through April 30.

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