WSR 04-16-127

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-199 -- Filed August 4, 2004, 11:50 a.m. , effective August 4, 2004 ]


     

     Purpose: Commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-03000W and 220-52-03000X; 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. Agreements with Department of Natural Resources requires this consistency on accessible areas. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 3, 2004.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-03000X   Commercial razor clams.   Notwithstanding the provisions of WAC 220-52-030, effective immediately 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 line of boundary markers consisting of five orange posts near the northern tip of Leadbetter Point.

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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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