WSR 04-10-070

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-99 -- Filed May 3, 2004, 4:33 p.m. , effective May 5, 2004, 12:01 a.m. ]

     Date of Adoption: May 3, 2004.

     Purpose: Amend personal use rules.

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

     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: Survey results show that adequate clams are available for harvest in Razor Clam Area 2 and those portions of Razor Clam Area 3 opened for harvest. Washington Department of Health has certified clams from these beaches to be safe for human consumption.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 5, 2004, 12:01 a.m.

May 3, 2004

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-56-36000A   Razor clams--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, or 3, except as provided for in this section:

     (1) Effective 12:01 a.m. May 5, 2004 through 11:59 a.m. May 7, 2004, razor clam digging is allowed in Razor Clam Area 2. Digging is allowed from 12:01 a.m. to 11:59 a.m. each day only.

     (2) Effective 12:01 a.m. May 5, 2004 through 11:59 a.m. May 7, 2004, razor clam digging is allowed in that portion of Razor Clam Area 3 that is between Olympic National Park South Beach Campground access road (Kalaloch area, Jefferson County) and Browns Point (Kalaloch area, Jefferson County). Digging is allowed from 12:01 a.m. to 11:59 a.m. each day only.

     (3) 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.

[]


REPEALER


     The following section of the Washington Administrative Code is repealed effective 12:00 noon May 7, 2004:


WAC 220-56-36000A Razor clams--Areas and seasons.

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