WSR 12-10-044

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-63 -- Filed April 27, 2012, 12:33 p.m. , effective May 1, 2012, 12:01 a.m. ]


Effective Date of Rule: May 1, 2012, 12:01 a.m.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-03000L; and amending WAC 220-52-030.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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 an eight-week season. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 27, 2012.

Philip Anderson

Director


NEW SECTION
WAC 220-52-03000L   Commercial razor clams.   Notwithstanding the provisions of WAC 220-52-030, effective 12:01 a.m. May 1, 2012, through 11:59 p.m. June 25, 2012, 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, defined by a line of boundary markers consisting of four fluorescent orange posts with the eastern-most post located at N 46 39.597; W 124 03.466, and the western-most post located at N 46 39.548; W 124 03.733.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. June 26, 2012:


WAC 220-52-03000L Commercial razor clams.

Washington State Code Reviser's Office