WSR 21-19-133
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 21-206—Filed September 21, 2021, 12:51 p.m., effective September 21, 2021, 12:51 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to open recreational razor clam digging on Copalis Beach on September 25, 2021.
Citation of Rules Affected by this Order: Repealing WAC 220-330-01000L and 220-330-16000X; and amending WAC 220-330-010 and 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: This regulation adds an opening on Razor Clam Area 4 for Saturday, September 25. This additional date is available to state licensed diggers as a result of comanager agreement with the Quinault Indian Nation, that they will not include it in openers for their use during this tide series. Survey results show that adequate clams are available for harvest in Razor Clam Areas 1, 3, 4, and 5 for recreational harvest. An exceptionally large population of harvestable razor clams in Razor Clam Areas 1, 3, 4, and 5 allow for a temporary increase in the daily bag limit. Washington department of health has certified clams from these razor clam areas 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 21, 2021.
Kelly Susewind
Director
NEW SECTION
WAC 220-330-16000YRazor 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 immediately, through 11:59 a.m. September 22, 2021, razor clam digging is permissible in Razor Clam Area 1 and Razor Clam Area 3. Digging is permissible from 12:01 a.m. to 11:59 a.m. each day only.
(2) Effective 12:01 p.m. September 23, through 11:59 p.m. September 25, 2021, razor clam digging is permissible in Razor Clam Area 1 and Razor Clam Area 3. Digging is permissible from 12:01 p.m. to 11:59 p.m. each day only.
(3) Effective 12:01 a.m. September 22, through 11:59 a.m. September 22, 2021. razor clam digging is permissible in Razor Clam Area 4. Digging is permissible from 12:01 a.m. to 11:59 a.m. each day only.
(4) Effective 12:01 p.m. September 24, through 11:59 p.m. September 25, 2021, 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.
(5) Effective immediately, through 11:59 a.m. September 21, 2021. razor clam digging is permissible in Razor Clam Area 5. Digging is permissible from 12:01 a.m. to 11:59 a.m. each day only.
(6) Effective 12:01 p.m. September 23, through 11:59 p.m. September 23, 2021, and effective 12:01 p.m. September 25, through 11:59 p.m. September 25, 2021, 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.
(7) 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.
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040. NEW SECTION
WAC 220-330-01000MShellfish—Daily limits, size restrictions, and unlawful acts.
Notwithstanding the provisions of WAC 220-330-010 regarding Razor clam daily limits, effective immediately, through 11:59 p.m. December 31, 2021, the daily limit is 20 razor clams for personal use in any one day from Razor Clam Area 1, Razor Clam Area 3, Razor Clam Area 4 and Razor Clam Area 5. All other provisions of WAC 220-330-010 not addressed herein remain in effect unless otherwise amended by emergency rule.
REPEALER
The following sections of the Washington Administrative Code are repealed, effective immediately:
WAC 220-330-16000X | Razor clams—Areas and seasons. (21-184) |
WAC 220-330-01000L | Shellfish—Daily limits, size restrictions, and unlawful acts. (21-184) |