WSR 05-15-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-141 -- Filed July 6, 2005, 3:07 p.m. , effective July 9, 2005, 12:01 a.m. ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-03000Z; 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 six-week season. Biotoxin levels currently fall below the regulatory threshold. Agreements with Department of Natural Resources require 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 5, 2005.

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-03000Z   Commercial razor clams.   Notwithstanding the provisions of WAC 220-52-030, effective 12:01 a.m. July 9, 2005 through 11:59 p.m. August 23, 2005, it is lawful to dig for and possess razor clams for commercial purposes only in those waters and detached 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; and in those waters and attached beaches north of the line of boundary markers consisting of five white posts near the northern tip of Leadbetter Point; all other areas remain closed.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. August 24, 2005.


WAC 220-52-03000Z Commercial razor clams.

Washington State Code Reviser's Office