WSR 04-18-052

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-232 -- Filed August 27, 2004, 10:59 a.m. , effective August 31, 2004, 6:00 a.m. ]


Purpose: Commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-03000Y; and amending WAC 220-52-030.

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: As described in WAC 220-56-372, this area is set-aside for experimental purposes. WDFW fishery managers and research scientists have designed a study that requires the removal of up to 40% of the harvestable razor clams from a portion of the Twin Harbors Razor Clam Sanctuary. This commercial fishery is being opened to accomplish that purpose. Department staff will closely monitor this harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 27, 2004.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-03000Y   Commercial razor clams.   Notwithstanding the provisions of WAC 220-52-030, effective immediately until further notice, it is unlawful to dig for or possess razor clams taken for commercial purposes from Washington waters except as provided for in this section:

(1) That portion of Razor Clam Area 2 starting from the southern boundary of the Twin Harbors Razor clam sanctuary as described in WAC 220-56-372, to a point 660 feet north, is open to digging and possession of razor clams for commercial purposes during the following dates and times only:

(a) From 6:00 a.m. to 10:00 a.m. August 31, 2004;

(b) From 6:30 a.m. to 10:30 a.m. September 1, 2004.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 10:31 a.m. September 1, 2004:


WAC 220-52-03000Y Commercial razor clams.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office