WSR 98-07-055
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 98-38--Filed March 13, 1998, 12:06 p.m., effective April 11, 1998, 12:01 a.m.]
Date of Adoption: March 13, 1998.
Purpose: Commercial rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-03000L; and amending WAC 220-52-030.
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: The Willapa Spits have readily supported a six week fishery since 1989. Annual reported harvest has ranged from 3,000+ lbs. The fishery provides an important supply of crab bait to the local Dungeness crab industry and depending on the size and condition of clams, a fresh market restaurant trade. Based on historic catches there should be adequate clams to support a six week season. To date, toxin levels are low and forecasted to stay low during the time period proposed. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, amended 0, repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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 11, 1998, 12:01 a.m.
March 13, 1998
Bern Shanks
Director
NEW SECTION
WAC 220-52-03000L Razor clams. Notwithstanding the provisions of WAC 220-52-030, effective immediately until further notice, it is unlawful to dig for or possess razor clams taken for commercial purposes from Washington waters except as provided for in this section:
(1) Those waters and beaches of Razor Clam Area number one lying south of the Willapa Bay Ship Channel, west of Ellen Sands, and northerly of a line of boundary markers consisting of pipe and flagging on the northern tip of Leadbetter Point, are open to the taking and possession of razor clams for commercial purposes from 12:01 a.m. April 11, 1998 through 11:59 p.m. May 31, 1998.
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REPEALER
The following section of the Washington Administrative Code is repealed effective 11:59 p.m. May 31, 1998:
WAC 220-52-03000L Razor clams. (98-39)