WSR 13-05-041

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-33 -- Filed February 12, 2013, 3:34 p.m. , effective February 12, 2013, 3:34 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend recreational fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-56-350.

     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 effort at Dosewallips State Park increased significantly in 2012 and the state share was overharvested, requiring a shorter season in 2013. Surveys indicate that the clam population at Point Whitney Tidelands has decreased, requiring a shorter season in 2013. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 12, 2013.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-56-35000V   Clams other than razor clams -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-350, effective immediately until further notice, it is unlawful to take, dig for and possess clams, cockles, and mussels taken for personal use from the following public tidelands except during the open periods specified herein:

     (1) Dosewallips State Park: Open April 1, 2013, until further notice, only in area defined by boundary markers and signs posted on the beach.

     (2) Point Whitney Tidelands (excluding Point Whitney Lagoon): Open March 15 through March 31, 2013.

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