WSR 20-03-120
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-09—Filed January 16, 2020, 4:13 p.m., effective January 21, 2020]
Effective Date of Rule: January 21, 2020.
Purpose: Amends recreational razor clam rules.
Citation of Rules Affected by this Order: Repealing WAC 220-330-16000N; and amending WAC 220-330-160.
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: Survey results show that adequate clams are available for harvest in Razor Clam Areas 1, 3, 4 and 5 for recreational harvest. Washington department of health has certified clams from this beach to be safe for human consumption. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 16, 2020.
Amy H. Windrope
for Kelly Susewind
Director
NEW SECTION
WAC 220-330-16000NRazor clams—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-160, it is unlawful to take, dig for or possess razor clams taken for personal use from any beaches in any razor clam area except as provided for in this section:
(1) Effective 12:01 p.m. January 21 through 11:59 p.m. January 26, 2020, razor clam digging is permissible in Razor Clam Area 1. Digging is permissible from 12:01 p.m. to 11:59 p.m. each day only.
(2) Effective 12:01 p.m. January 21 through 11:59 p.m. January 26, 2020, razor clam digging is permissible in Razor Clam Area 3. Digging is permissible from 12:01 p.m. to 11:59 p.m. each day only.
(3) Effective 12:01 p.m. January 22 through 11:59 p.m. January 22, 2020, and 12:01 p.m. January 24 through 11:59 p.m. January 24, 2020, and 12:01 p.m. January 26 through 11:59 p.m. January 26, 2020, razor clam digging is permissible in Razor Clam Area 4. Digging is permissible from 12:01 p.m. to 11:59 p.m. each day only.
(4) Effective 12:01 p.m. January 21 through 11:59 p.m. January 21, 2020, and 12:01 p.m. January 23 through 11:59 p.m. January 23, 2020, and 12:01 p.m. January 25 through 11:59 p.m. January 25, 2020, razor clam digging is permissible in Razor Clam Area 5. Digging is permissible from 12:01 p.m. to 11:59 p.m. each day only.
(5) It is unlawful to dig for razor clams at any time in the Long Beach, Twin Harbors and Copalis Beach Clam sanctuaries defined in WAC 220-320-130.
REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 a.m., January 27, 2020:
WAC 220-330-1600000N | Razor clams—Areas and seasons. |
Reviser's note: The section above appears as filed by the agency pursuant to RCW
34.08.040; however, the reference to WAC 220-330-1600000N is probably intended to be WAC 220-330-16000N.