WSR 24-05-048
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-20—Filed February 15, 2024, 4:08 p.m., effective February 15, 2024, 4:08 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to open razor clam seasons.
Citation of Rules Affected by this Order: Repealing WAC 220-330-16000M; 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: Survey results show that adequate clams are available for recreational harvest in Razor Clam Areas 1, 3, 4, and 5. Washington department of health has certified clams from Razor Clam Areas 1, 3, 4, and 5 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 15, 2024.
Amy H. Windrope
for 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 p.m. February 21 through 11:59 p.m. February 25, 2024, razor clam digging is permissible in Razor Clam Areas defined in WAC 220-330-160 during evening tides on dates and times listed below:
Razor Clam Area
Date
Time
Area 1
February 21 through 25
From 12:01 p.m. to 11:59 p.m.
Area 2
Closed
Closed
Area 3
February 21 through 24
From 12:01 p.m. to 11:59 p.m.
Area 4
February 21, 22, 25
From 12:01 p.m. to 11:59 p.m.
Area 5
February 23 and 24
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 26, 2024:
WAC 220-330-16000M
Razor clamsAreas and seasons.