WSR 20-19-075

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 20-186—Filed September 14, 2020, 4:26 p.m., effective September 14, 2020, 4:26 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Amends recreational harvest rules for razor clams.

Citation of Rules Affected by this Order: Repealing WAC 220-330-16000T; and amending WAC 220-330-160.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 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: This emergency rule is needed to open recreational razor clam season. 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 (DOH) has certified clams from this beach to be safe for human consumption. The recreational razor clam fishery was closed early on March 12, 2020, due to county health agency concerns with the potential that a high number of harvesters traveling to coastal communities could exacerbate the COVID-19 pandemic in [that] area. The Washington department of fish and wildlife has coordinated with coastal city and county leaders, the Grays Harbor and Pacific County health departments and the Washington DOH and have reached [an] agreement to allow a reopening [of] coastal beaches to the recreational harvest of razor clams. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 14, 2020.

Amy H. Windrope

for Kelly Susewind

Director

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. September 23, 12:01 a.m.: