WSR 00-01-092

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-211 -- Filed December 15, 1999, 4:47 p.m. , effective December 19, 1999, 12:01 p.m. ]

Date of Adoption: December 14, 1999.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-36000Y and 220-56-36000Z; and amending WAC 220-56-360.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Test results show that adequate clams are available for harvest in Razor Clam Areas 1, 2 and those portions of Razor Clam Area 3 opened for harvest. Washington Department of Health has certified clams from these beaches to be safe for human consumption. There is insufficient time to promulgate 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: December 19, 1999, 12:01 p.m.

December 14, 1999

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-36000Z
Razor clams -- Areas and seasons.

Notwithstanding the provisions of WAC 220-56-360, it is unlawful to dig for or possess razor clams taken for personal use from any beach in Razor Clam Areas 1, 2, 3, or except as provided for in this section:

(1) Effective 12:01 p.m. December 20 through 11:59 p.m. December 21, 1999, razor clam digging is allowed in Razor Clam Area 1. Digging is allowed from 12:01 p.m. to 11:59 p.m. only.

(2) Effective 12:01 p.m. December 19 through 11:59 p.m. December 23, 1999, razor clams digging is allowed in Razor Clam Area 2. Digging is allowed from 12:01 p.m. to 11:59 p.m. only.

(3) Effective 12:01 p.m. December 21 through 11:59 p.m. December 22, 1999, razor clam digging is allowed in that portion of Razor Clam Area 3 that is between the Grays Harbor North Jetty and the Copalis River. Digging is allowed from 12:01 p.m. to 11:59 p.m. only.

(4) It is unlawful to dig for razor clams at any time in Long Beach, Twin Harbors or Copalis Beach Clam sanctuaries defined in WAC 220-56-372.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-36000Y Razor clams -- Areas and seasons. (99-200)

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. December 24, 1999:


WAC 220-56-36000Z Razor clams--Areas and seasons.

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