WSR 99-22-098

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-196-- Filed November 2, 1999, 4:54 p.m. ]

Date of Adoption: November 2, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-36000W and 220-56-36000X; and amending WAC 220-56-360.

Statutory Authority for Adoption: RCW 75.08.080.

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: Test results show that adequate clams are available for harvest in Razor Clam Area 1 and that portion of Razor Clam Area 3 between the Grays Harbor North Jetty and the southern boundary of the Quinault Indian Nation. Department of Health has issued a closure notice in razor Clam Area 2 due to high levels of domoic acid. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

November 2, 1999

Evan Jacoby

for Jeff P. Koenings

Director


NEW SECTION
WAC 220-56-36000X
Razor clam--Areas and seasons

Notwithstanding the provisions of WAC 220-56-360, it is unlawful to dig for or possess razor clams taken for personal use from any beach in Razor Clam Areas 1, 2, 3, or except as provided for in this section:

(1) Effective 12:01 p.m. November 5 through 11:59 p.m. November 11, 1999 on odd numbered days between 12:01 p.m. to 11:59 p.m. only, razor clam digging is allowed in that portion of Razor Clam Area 3 that is between the Grays Harbor North Jetty and the southern boundary of the Quinault Indian Nation.

(2) Effective immediately through 11:59 p.m. November 11, 1999, on odd numbered days between 12:01 p.m. to 11:59 p.m. only, razor clam digging is allowed in Razor Clam Area 1.

(3) Effective 12:01 p.m. November 26 through 11:59 p.m. November 27, 1999, between 12:01 p.m. to 11:59 p.m.. only, razor clam digging is allowed in Razor Clam Area 1.

(4) Effective 12:01 p.m. December 20 through 11:59 p.m. December 21, 1999, between 12:01 p.m. to 11:59 p.m. only, razor clam digging is allowed in Razor Clam Area 1.

(5) It is unlawful to dig for razor clams at any time in Long Beach, Twin Harbors Beach or Copalis Beach Clam sanctuaries defined in WAC 220-56-372.

[]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-36000W Razor clams. (99-176)

The following section of the Washington Administrative code is repealed effective 11:59 p.m. December 21, 1999:


WAC 220-56-36000X Razor clams.

Washington State Code Reviser's Office