WSR 15-08-044
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 15-54—Filed March 26, 2015, 1:34 p.m., effective April 1, 2015]
Effective Date of Rule: April 1, 2015.
Purpose: Amend commercial razor clam harvest rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-03000Q; and amending WAC 220-52-030.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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: Based on historical catches and on-site inspection, there should be adequate razor clams to support a nine-week commercial season. Biotoxin levels currently fall below the regulatory threshold. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 26, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 220-52-03000Q Commercial razor clams.
Notwithstanding the provisions of WAC 220-52-030, effective 12:01 a.m. April 1, 2015, through 11:59 p.m. June 7, 2015, a person may dig for and possess razor clams for commercial purposes only in those waters and detached beaches of Razor Clam Area 2 lying south of the Willapa Bay Ship Channel, west of Ellen Sands, and north of the tip of Leadbetter Point.
REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 8, 2015:
WAC 220-52-03000Q
Commercial razor clams.