WSR 16-09-042
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-75—Filed April 14, 2016, 4:44 p.m., effective April 14, 2016, 4:44 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 220-56-36000P; 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 [these] beach[es] 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 14, 2016.
J. W. Unsworth
Director
NEW SECTION
WAC 220-56-36000P 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 12:01 a.m. April 20 through 11:59 a.m. April 28, 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 a.m. April 25 through 11:59 a.m. April 26, 2016, razor clam digging is permissible in Razor Clam Area 4. Digging is permissible from 12:01 a.m. to 11:59 a.m. each day only.
(3) Effective 12:01 a.m. April 23 through 11:59 a.m. April 23, 2016, razor clam digging is permissible in Razor Clam Area 5. Digging is permissible from 12:01 a.m. to 11:59 a.m. each day only.
(4) Effective 12:01 a.m. April 25 through 11:59 a.m. April 26, 2016, razor clam digging is permissible in Razor Clam Area 5. Digging is permissible from 12:01 a.m. to 11:59 a.m. each day only.
(5) 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 effective 12:01 p.m. April 28, 2016:
WAC 220-56-36000P
Razor clamsAreas and seasons.