WSR 02-17-017

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-187 -- Filed August 9, 2002, 9:48 a.m. ]

     Date of Adoption: August 3, 2002.

     Purpose: Amend marine protected area rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-16-760, 220-16-780, and 220-16-790.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 02-13-088 on June 18, 2002.

     Changes Other than Editing from Proposed to Adopted Version: Proposed amendments to WAC 232-28-619 continued to September 27-28 meeting.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Thirty-one days after filing.

August 8, 2002

Nancy Burkhart

for Russ Cahill, Chair

Fish and Wildlife Commission

OTS-5748.2


AMENDATORY SECTION(Amending Order 02-53, filed 3/29/02, effective 5/1/02)

WAC 220-16-760   Keystone Conservation Area.   "Keystone Conservation Area" is defined as all bedlands and tidelands and the waters over these starting at the extreme high water line on the east side of the Keystone jetty ((at Keystone)) in Fort Casey State Park then easterly along the extreme high water line to ((122°40'07"W, 48°09'30"N)) a line projected from shore through the easternmost row of pilings of the old military wharf, then offshore along ((a)) that line ((perpendicular to the shore)) southeasterly for 600 feet, then southwest parallel to the shoreline to a point due south of the southern tip of the jetty, then north to the extreme high water line on the southern tip of the jetty, then along the extreme high water line on the east side of the jetty to the point of origin.

[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 220-16-760, filed 3/29/02, effective 5/1/02.]


AMENDATORY SECTION(Amending Order 02-53, filed 3/29/02, effective 5/1/02)

WAC 220-16-780   Admiralty Head Marine Preserve.   "Admiralty Head Marine Preserve" is defined as waters and bedlands inside a line beginning at the extreme low water line on the west shore of Whidbey Island at 48° ((09.40)) 09.46' N, 122° 40.88' W then northerly along the extreme low water line for 0.6 nautical miles, then due west 400 yards, then southerly parallel to the shore to ((48° 09.40' N, 122° 41.14' W)) a point due west of the point of origin, then due east to the point of origin.

[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 220-16-780, filed 3/29/02, effective 5/1/02.]


AMENDATORY SECTION(Amending Order 02-53, filed 3/29/02, effective 5/1/02)

WAC 220-16-790   Zee's Reef Marine Preserve.   "Zee's Reef Marine Preserve" is defined as waters and bedlands inside a line beginning at the extreme low water line on the northeast side of Fox Island at 47° 14.56' N, 122° 35.98' W, then extending 0.5 nautical mile ((northerly)) northwesterly along the extreme low water line to 47° 14.96' N, 122° 36.37' W, then ((due)) northeast to the minus eighty-five foot depth contour (MLLW = 0 feet) at 47° 15.00' N, 122° 36.30' W, then ((southeast)) southeasterly along the eighty-five foot depth contour to ((a point on a due northeast-southwest line through the point of origin)) 47° 14.67' N, 122° 35.81' W, then southwest to the point of origin.

[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 220-16-790, filed 3/29/02, effective 5/1/02.]

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