WSR 22-09-011
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-53—Filed April 11, 2022, 7:42 a.m., effective April 16, 2022]
Effective Date of Rule: April 16, 2022.
Purpose: The purpose of this emergency rule is to open recreational razor clam seasons and to increase daily limits to 20 clams during open periods.
Citation of Rules Affected by this Order: Repealing WAC 220-330-16000M and 220-330-01000U; and amending WAC 220-330-160 and 220-330-010.
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: 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 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 2, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 11, 2022.
Kelly Susewind
Director
NEW SECTION
WAC 220-330-16000MRazor clamsAreas 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 a.m. April 16 through 11:59 a.m. April 21, 2022, razor clam digging is permissible in Razor Clam Areas defined in WAC 220-330-160 during morning tides on dates and times listed below:
Razor Clam Area
Date
Time
Area 1
April 16 through April 21
From 12:01 a.m. to 11:59 a.m.
Area 2
Closed
Closed
Area 3
April 16 through April 21
From 12:01 a.m. to 11:59 a.m.
Area 4
April 16, 18, and 20
From 12:01 a.m. to 11:59 a.m.
Area 5
April 17, 19, and 21
From 12:01 a.m. to 11:59 a.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.
NEW SECTION
WAC 220-330-01000UShellfishDaily limits, size restrictions, and unlawful acts.
Notwithstanding the provisions of WAC 220-330-010 regarding Razor clam daily limits, effective 12:01 a.m. April 16, through 11:59 a.m. April 21, 2022, 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 12:01 a.m. April 22, 2022:
WAC 220-330-16000M
Razor clamsAreas and seasons.
WAC 220-330-01000U
ShellfishDaily limits, size restrictions, and unlawful acts.