WSR 13-02-013

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-288 -- Filed December 20, 2012, 9:29 a.m. , effective January 1, 2013 ]


     Effective Date of Rule: January 1, 2013.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000U and 220-56-38000C; 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: Recreational clam effort at both [of] these beaches increased significantly in 2012, and state shares were overharvested, requiring a shorter season in 2013. A clam population survey on the newly-certified portion of Belfair State Park will be conducted in March 2013, and a possible season extension may follow, depending on the results of that survey. Oyster season should coincide with the clam season on this beach. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 20, 2012.

Philip Anderson

Director


NEW SECTION
WAC 220-56-35000U   Clams other than razor clams -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-350, effective January 1 through March 31, 2013, it is unlawful to take, dig for and possess clams, cockles, and mussels taken for personal use from the following public tidelands:

     (1) Belfair State Park

     (2) Oyster Reserves of North Bay (Case Inlet)

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[NEW SECTION]WAC 220-56-38000C   Oysters -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-380, effective January 1 through March 31, 2013, it is unlawful to take and possess oysters taken for personal use from the following public tidelands:

     (1) Oyster Reserves of North Bay (Case Inlet)

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     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
REPEALER


     The following sections of the Washington Administrative Code are repealed effective April 1, 2013:


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