WSR 24-15-064
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-131—Filed July 16, 2024, 5:04 p.m., effective July 18, 2024]
Effective Date of Rule: July 18, 2024.
Purpose: The purpose of this emergency rule is to open commercial razor clam seasons.
Citation of Rules Affected by this Order: Repealing WAC 220-340-12000N; and amending WAC 220-340-120.
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: Based on historical catches and on-site inspection, there are adequate clams to support a 10-day extension of the commercial razor clam season. Washington department of health has confirmed biotoxin levels currently fall below the regulatory threshold. This emergency rule is needed to extend the commercial razor clam season in Razor Clam Area 2. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 16, 2024.
Kelly Susewind
Director
NEW SECTION
WAC 220-340-12000NCommercial razor clams.
Notwithstanding the provisions of WAC 220-340-120, effective July 18 through July 28, 2024, a person may dig for and possess razor clams for commercial purposes only in those waters and detached beaches of Razor Clam Area 2 lying south of the Willapa Bay Ship Channel, west of Ellen Sands, and north of the tip of Leadbetter Point. Digging is prohibited on the west side of Leadbetter Point south of 46°39.855'N. Access to Razor Clam Area 2 is by boat only.
REPEALER
The following section of the Washington Administrative Code is repealed, effective July 29, 2024:
WAC 220-340-12000N
Commercial razor clams.