WSR 09-11-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-77 -- Filed May 7, 2009, 11:35 a.m. , effective May 11, 2009, 12:01 a.m. ]


Effective Date of Rule: May 11, 2009, 12:01 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-03000E; 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 onsite inspection, there are adequate clams to support this commercial fishery. Biotoxin levels currently fall below the regulatory threshold. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 7, 2009.

Philip Anderson

Director


NEW SECTION
WAC 220-52-03000E   Commercial razor clams.   Notwithstanding the provisions of WAC 220-52-030, effective 12:01 a.m. May 11, 2009 through 11:59 p.m. June 30, 2009, a person may 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 fluorescent orange posts near the northern tip of Leadbetter Point. All other areas remain closed.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 1, 2009:


WAC 220-52-03000E Commercial razor clams.

Washington State Code Reviser's Office