EMERGENCY RULES
FISH AND WILDLIFE
Date of Adoption: November 17, 1999.
Purpose: Personal use rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-36000X and 220-56-36000Y; 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 1 and that portion of Razor Clam Area 3 between the Grays Harbor North Jetty and the south boundary of the Quinault Indian Reservation and that Department of Health has issued a closure notice in Razor Clam Area 2 due to elevated levels of domoic acid. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 20, 1999, 12:01 p.m.
November 17, 1999
J. P. Koenings
Director
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 p.m. November 20 through 11:59 p.m. November 22, 1999, between 12:01 p.m. to 11:59 p.m. only, 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.
(2) Effective 12:01 p.m. November 26 through 11:59 p.m. November 27, 1999, between 12:01 p.m. to 11:59 p.m. only, razor clam digging is allowed in Razor Clam Area 1.
(3) Effective 12:01 p.m. November 26, through 11:59 p.m. November 27, 1999, between 12:01 p.m. to 11:59 p.m. only, razor clam digging is allowed in that portion of Razor Clam Area 3 that is between the Copalis River and the southern boundary of the Quinault Indian Reservation.
(4) Effective 12:01 p.m. December 20 through 11:59 p.m. December 21, 1999, between 12:01 p.m. to 11:59 p.m. only, razor clam digging is allowed in Razor Clam Area 1.
(5) 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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The following section of the Washington Administrative Code
is repealed effective 12:01 p.m. November 20, 1999:
| WAC 220-56-36000X | Razor clams -- Areas and seasons. (99-196) |
| WAC 220-56-36000Y | Razor clams -- Areas and seasons. |