WSR 16-07-042
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-44—Filed March 11, 2016, 2:34 p.m., effective March 11, 2016, 2:34 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational fishing rules for razor clams.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-36000K and 220-56-36000L; and amending WAC 220-56-360.
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: Survey results show that adequate clams are available for harvest in Razor Clam Areas 1, 4 and 5. Washington department of health has certified clams from this beach to be safe for human consumption. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 11, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-56-36000L Razor clamsAreas 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, 4, 5, 6 or 7 except as provided for in this section:
(1) Effective immediately through 11:59 a.m. March 14, 2016, razor clam digging is permissible in Razor Clam Area 1. Digging is permissible from 12:01 a.m. to 11:59 a.m. each day only.
(2) Effective 12:01 p.m. March 15 through 11:59 p.m. March 23, 2016, razor clam digging is permissible in Razor Clam Area 1. Digging is permissible from 12:01 p.m. to 11:59 p.m. each day only.
(3) Effective 12:01 a.m. March 24 through 11:59 a.m. March 31, 2016, razor clam digging is permissible in Razor Clam Area 1. Digging is permissible from 12:01 a.m. to 11:59 a.m. each day only.
(4) Effective 12:01 p.m. March 18 through 11:59 p.m. March 20, 2016, razor clam digging is permissible in Razor Clam Area 4. Digging is permissible from 12:01 p.m. to 11:59 p.m. each day only.
(5) Effective 12:01 p.m. March 18 through 11:59 p.m. March 20, 2016, razor clam digging is permissible in Razor Clam Area 5. Digging is permissible from 12:01 p.m. to 11:59 p.m. each day only.
(6) It is unlawful to dig for razor clams at any time in the Long Beach or Copalis Beach Clam sanctuaries defined in WAC 220-56-372.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 220-56-36000K
Razor clamsAreas and seasons. (16-34)
The following section of the Washington Administrative Code is repealed effective 12:01 p.m. March 31, 2016:
WAC 220-56-36000L
Razor clamsAreas and seasons.