WSR 24-21-061
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-228—Filed October 10, 2024, 3:47 p.m., effective October 15, 2024]
Effective Date of Rule: October 15, 2024.
Purpose: This emergency rule opens recreational razor clam seasons.
Citation of Rules Affected by this Order: Repealing WAC 220-330-16000U; 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 in Razor Clam Areas 1, 3, 4, and 5 for recreational harvest. Washington department of health has certified clams from these 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 10, 2024.
Kelly Susewind
Director
NEW SECTION
WAC 220-330-16000URazor 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. October 15 through 11:59 p.m. October 21, 2024, razor clam digging is permissible in Razor Clam Areas defined in WAC 220-330-160 on dates and times listed below:
 
Razor Clam Area
Date
Time
 
 
Area 1
October 15 through October 21
From 12:01 p.m. to 11:59 p.m.
 
 
Area 2
Closed
Closed
 
 
Area 3
October 15 through October 21
From 12:01 p.m. to 11:59 p.m.
 
 
Area 4
October 16, 17, 20 and 21
From 12:01 p.m. to 11:59 p.m.
 
 
Area 5
October 15, 18 and 19
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. October 22, 2024:
WAC 220-330-16000U
Razor clamsAreas and seasons.