WSR 97-07-051

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-48--Filed March 17, 1997, 3:04 p.m., effective April 3, 1997, 12:01 a.m.]

Date of Adoption: March 17, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-36000U; 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 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: Test results show that adequate clams are available for harvest in Razor Clam Area 2 and those portions of Razor Clam Area 3 specified above. Clams from these areas have been certified by the Department of Health as safe for human consumption.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: April 3, 1997, 12:01 a.m.

March 14, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-56-36000U 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, except as provided for in this section:

(1) Effective 12:01 a.m. April 5, 1997 through 11:59 a.m. April 13, 1997, on odd numbered days, between 12:01 a.m. and 11:59 a.m. only, razor clam digging is allowed in Razor Clam Area 2.

(2) Effective 12:01 a.m. April 5, 1997 through 11:59 a.m. April 13, 1997, on odd numbered days, between 12:01 a.m. and 11:59 a.m. only, razor clam digging is allowed in that portion of Razor Clam Area 3 between Olympic National Park South Beach Campground access road (Kalaloch area, Jefferson county) and Olympic National Park Beach Trail 3 (Kalaloch area, Jefferson County).

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

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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 effective 12:00 Noon April 13, 1997:

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

Legislature Code Reviser

Register

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