10-07-093

WSR 10-07-093

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-63 -- Filed March 18, 2010, 4:43 p.m. , effective April 1, 2010 ]

     Effective Date of Rule: April 1, 2010.

     Purpose: Amend personal use fishing rules.

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

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     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: Surveys indicate a decline in the butter clam population, requiring a shorter season. Oyster and clam seasons should coincide at this park. There is insufficient time to adopt 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: March 18, 2010.

Philip Anderson

Director

NEW SECTION
WAC 220-56-35000J   Clams other than razor clams -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-350, effective April 1 through April 30, 2010, it is unlawful to take, dig for and possess clams, cockles, and mussels taken for personal use from the public tidelands at Hope Island State Park.

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NEW SECTION
WAC 220-56-38000T   Oysters -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-380, effective April 1 through April 30, 2010, it is unlawful to take, dig for and possess oysters taken for personal use from the public tidelands at Hope Island State Park.

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REPEALER

     The following sections of the Washington Administrative Code are repealed effective May 1, 2010:

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