WSR 18-11-123 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 18-103—Filed May 22, 2018, 1:55 p.m., effective May 22, 2018, 1:55 p.m.] Effective Date of Rule: Immediately upon filing. Purpose: Amends commercial razor clam rules. Citation of Rules Affected by this Order: Repealing WAC 220-340-12000A and 220-340-12000B; amending WAC 220-340-120. 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 are adequate numbers of clams to support an extension for commercial razor clams. Rough weather during the first month of the fishery resulted in lost digging opportunity. 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 Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 22, 2018.
Ron Warren for Joe Stohr Director
NEW SECTION
WAC 220-340-12000B Commercial razor clams.
Notwithstanding the provisions of WAC 220-340-120, effective immediately through 11:59 p.m. July 18, 2018, a person may dig for and possess razor clams for commercial purposes only in those waters and detached beaches of Razor Clam Area 2 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°39.655; W 124°03.340, and the western-most post located at N 46°39.425; W 124°03.954.
REPEALER
The following section of the Washington Administrative Code is repealed:
The following section of the Washington Administrative Code is repealed effective July 19, 2018:
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