WSR 05-05-027

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-17 -- Filed February 10, 2005, 10:11 a.m. , effective March 13, 2005 ]


Purpose: Amend commercial razor clam rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-52-030.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 05-01-156 on December 20, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 4, 2005.

Susan Yeager

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-7706.1


AMENDATORY SECTION(Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-52-030   Clams -- Coastal -- Seasons and areas.   (1)(a) It shall be lawful to take, dig for or possess clams, cockles, borers and mussels taken for commercial purposes, not including razor clams, from the tidelands of registered aquaculture farms in Grays Harbor and Willapa Harbor the entire year.

(b) Licensing: No fishery license is required to retain clams taken from registered aquaculture farms but registration is required prior to commercial harvest.

(2)(a) It shall be unlawful to take, dig for or possess razor clams taken for commercial purposes from Washington waters except during commercial razor clam seasons opened by emergency rule.

(b) Licensing: A razor clam fishery license is the license required to take, dig for or possess razor clams for commercial purposes.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-52-030, filed 5/19/94, effective 6/19/94; 91-10-024 (Order 91-22), 220-52-030, filed 4/23/91, effective 5/24/91; 84-08-014 (Order 84-24), 220-52-030, filed 3/27/84; Order 807, 220-52-030, filed 1/2/69, effective 2/1/69; Order 770 B, 220-52-030, filed 2/15/68; Order 718, 1, filed 1/26/67; subsection 1 from Order 679, filed 4/20/66; Orders 443 and 256, filed 3/1/60; subsection 2 from Order 673, filed 1/24/66; Order 631, filed 1/13/65; Order 599, filed 1/29/64; Order 566, filed 2/8/63; Order 540, filed 1/15/62; Order 524, filed 2/6/61; Order 510, filed 7/8/60; Order 508, filed 4/29/60; Order 506, filed 3/16/60; Orders 482 and 256, filed 3/1/60; subsection 3 from Order 673, filed 1/24/66; Order 599, filed 1/29/64; Orders 499 and 256, filed 3/1/60; subsection 4 from Order 599, filed 1/29/64; Order 567, filed 2/15/63; Order 524, filed 2/6/61; Order 506, filed 3/16/60; Orders 482 and 256, filed 3/1/60; subsection 5 from Order 673, filed 1/24/66.]

Washington State Code Reviser's Office