WSR 02-07-076

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-57 -- Filed March 19, 2002, 9:13 a.m. ]

     Date of Adoption: March 19, 2002.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-56-355.

     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 the size limit for clams in Quilcene Bay to conform to current state/tribal agreements. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

March 19, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-35500B   Clams -- Unlawful acts.   Notwithstanding the provisions of WAC 220-56-355, effective immediately until further notice, in state-owned tidelands in Quilcene Bay, it is unlawful to possess Manila, native littleneck, cockle, or butter clams taken for personal use which measure less than 1-1/4 inches across the longest dimension of the shell.

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