[Order 20-228—Filed October 13, 2020, 4:16 p.m., effective October 16, 2020]

Effective Date of Rule: October 16, 2020.

Purpose: The purpose of this emergency rule is open razor clam seasons at Long Beach, Twin Harbor, Copalis, and Mocrocks beaches.

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

Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, 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 these beaches to be safe for human consumption. Washington department of fish and wildlife (WDFW) has coordinated with coastal city and county leaders, the Grays Harbor and Pacific county health departments and the Washington DOH regarding the possibility that a high number of harvesters traveling to coastal communities could exacerbate the COVID-19 pandemic in [the] area. These agency leaders have reached agreement to allow a reopening of coastal beaches to the recreational harvest of razor clams. WDFW surveys show that due to significant shoreline changes, the Twin Harbor Razor Clam Sanctuary is no longer adequate for experimental purposes and is removed from the list of sanctuaries closed to digging. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 13, 2020.

WAC 220-330-16000URazor 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. October 16, 2020 through 11:59 p.m. October 21, 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. October 16, 2020 through 11:59 p.m. October 21, 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. October 16, 2020 through 11:59 p.m. October 16, 2020, and effective 12:01 p.m. October 18, 2020 through 11:59 p.m. October 18, 2020, and effective 12:01 p.m. October 20, 2020 through 11:59 p.m. October 20, 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. October 17, 2020 through 11:59 p.m. October 17, 2020, and effective 12:01 p.m. October 19, 2020 through 11:59 p.m. October 19, 2020, and effective 12:01 p.m. October 21, 2020 through 11:59 p.m. October 21, 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 and Copalis Beach Clam sanctuaries defined in WAC 220-320-130.

(6) Twin Harbors Beach razor clam sanctuary, as defined in WAC 220-320-130, is open to razor clam digging when it is permissible to dig razor clams in Razor Clam Area 3.

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 22, 2020.

Razor clams—Areas and seasons.