FISH AND WILDLIFE
[Order 20-66—Filed April 29, 2020, 4:26 p.m., effective April 29, 2020, 4:26 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial razor clam rules.
Citation of Rules Affected by this Order: Repealing WAC 220-340-12000D; and amending WAC 220-340-120.
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: This emergency rule is needed to open the commercial razor clam season in Razor Clam Area 2. Based on historical catches and on-site inspection, there is an adequate population of clams to support an eight-week commercial razor clam season. Washington department of health has confirmed biotoxin levels currently fall below the regulatory threshold. In addition, the governor's guidance bulletin on Proclamation 20-25 identifies commercial fishing as an "essential function" and Pacific County Health Department has amended a previous public health order to allow for the commercial razor clam digging. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 29, 2020.
WAC 220-340-12000DCommercial razor clams.
Notwithstanding the provisions of WAC 220-340-120, effective May 1 through June 30, 2020, 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.
The following section of the Washington Administrative Code is repealed effective July 1, 2020:
Commercial razor clams.