WSR 11-11-035

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-94 -- Filed May 11, 2011, 3:30 p.m. , effective May 11, 2011, 3:30 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-03000I and 220-52-03000J; and amending WAC 220-52-030.

     Statutory Authority for Adoption: RCW 77.12.047, 77.04.020, and 77.70.430.

     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: The closure is needed to avoid the confusion and potential for illegal activity that could result from having this area open concurrently to both recreational and commercial razor clam harvesters. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 11, 2011.

Philip Anderson

Director


NEW SECTION
WAC 220-52-03000J   Commercial razor clams.   Notwithstanding the provisions of WAC 220-52-030, effective immediately through 11:59 p.m. May 20, 2011, and then from 12:01 a.m. May 23 through 11:59 p.m. July 8, 2011, a person may dig for and possess razor clams for commercial purposes only in those waters and detached beaches of Razor Clam Area 1 lying south of the Willapa Bay Ship Channel, west of Ellen Sands, and north of the tip of Leadbetter point; and in those waters and attached beaches north of the line of boundary markers consisting of four fluorescent orange posts near the northern tip of Leadbetter Point*; all other areas remain closed.


*The GPS coordinates for the eastern- and western-most posts are:


East: N 46° 39.554

W 124° 03.588
West: N 46° 39.515

W 124° 03.830

[]

     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.
REPEALER


     The following section of the Washington Administrative Code is repealed immediately:


WAC 220-52-03000I Commercial razor clams. (11-85)

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 9, 2011:


WAC 220-52-03000J Commercial razor clams.

© Washington State Code Reviser's Office