WSR 22-04-019
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-07—Filed January 21, 2022, 3:35 p.m., effective January 29, 2022]
Effective Date of Rule: January 29, 2022.
Purpose: The purpose of this emergency rule is to open recreational razor clam seasons from January 29 through February 3, 2022.
Citation of Rules Affected by this Order: Repealing WAC 220-330-16000H; 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. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 21, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-330-16000HRazor 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 29 through 11:59 p.m. February 3, 2022, razor clam digging is permissible in Razor Clam Areas defined in WAC 220-330-160 during afternoon and evening tides on dates and times listed below:
Razor Clam Area | Date | Time |
Area 1 | January 29 through February 2 | From 12:01 p.m. to 11:59 p.m. |
Area 2 | Closed | Closed |
Area 3 | January 29, February 1, and 2 | From 12:01 p.m. to 11:59 p.m. |
Area 4 | January 30, February 1, and 3 | From 12:01 p.m. to 11:59 p.m. |
Area 5 | January 29, and February 2 | From 12:01 p.m. to 11:59 p.m. |
Area 6 | Closed | Closed |
Area 7 | Closed | Closed |
(2) 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.
REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 a.m. February 4, 2022:
WAC 220-330-16000H | Razor clams—Areas and seasons. |