WSR 97-04-045

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-09--Filed January 31, 1997, 10:55 a.m., effective February 8, 1997, 12:01 p.m.]

Date of Adoption: January 29, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-36000T; 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: Razor clam harvest is below expected and there are adequate clams left in the total allowable catch (TAC) in that portion of Razor Clam Area 1 opened for harvest.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: February 8, 1997, 12:01 p.m.

January 27, 1997

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 220-56-36000T Razor clams. 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) Razor clam digging is allowed from 12:01 p.m. through 11:59 p.m. in Razor Clam Area 1 on the following days:

February 8, 1997

March 8, 1997

(2) It is unlawful to dig for razor clams at any time in Long Beach, Twin Beach or Copalis Beach Clam Sanctuaries defined in WAC 220-56-372.

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REPEALER

The following section of the Washington Administrative Code is repealed effective 12:01 a.m. March 9, 1997:

WAC 220-56-36000T Razor clams.

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