WSR 04-16-031

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-188 -- Filed July 27, 2004, 10:53 a.m. , effective July 29, 2004, 12:01 a.m. ]


     

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-03000W; 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: Based on historical catches and on-site inspection, there should be adequate clams to support a four-week season. Biotoxin levels currently fall below the regulatory threshold. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 26, 2004.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-52-03000W   Commercial razor clams.   Notwithstanding the provisions of WAC 220-52-030, effective 12:01 a.m. July 29, 2004 through 11:59 p.m. August 30, 2004, it is lawful to dig for and possess razor clams for commercial purposes in those waters and beaches of Razor Clam Area 1 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     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 31, 2004:


WAC 220-52-03000W Commercial razor clams.

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