WSR 23-08-004
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 23-45—Filed March 22, 2023, 3:04 p.m., effective March 23, 2023]
Effective Date of Rule: March 23, 2023.
Purpose: The purpose of this emergency rule is to open recreational razor clam seasons.
Citation of Rules Affected by this Order: Repealing WAC 220-330-16000X and 220-330-16000Y; 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. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 22, 2023.
Amy H. Windrope
for 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 12:01 a.m. March 23 through 11:59 a.m. March 26, 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 | March 23 through March 26 | From 12:01 a.m. to 11:59 a.m. |
Area 2 | Closed | Closed |
Area 3 | March 23 through March 26 | From 12:01 a.m. to 11:59 a.m. |
Area 4 | March 23 and 25 | From 12:01 a.m. to 11:59 a.m. |
Area 5 | March 24 and 26 | 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.
REPEALER
The following section of the Washington Administrative Code is repealed effective March 23, 2023:
WAC 220-330-16000X | Razor clams—Areas and seasons (43-41) |
The following section of the Washington Administrative Code is repealed effective March 27, 2022:
WAC 220-330-16000Y | Razor clams—Areas and seasons. |
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.