WSR 97-21-023

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-206--Filed October 7, 1997, 4:07 p.m., effective October 15, 1997, 12:01 p.m.]

Date of Adoption: October 6, 1997.

Purpose: Personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-36000S; 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 Areas 1, 2 and those portions of Razor Clam Area 3 opened for harvest. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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: October 15, 1997, 12:01 p.m.

September 30, 1997

Bern Shanks

Director

NEW SECTION

WAC 220-56-36000S 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 p.m. October 15 through 11:59 p.m. October 21, 1997, razor clam digging is allowed in the following areas: all of Razor Clam Area 1 and that portion of Razor Clam Area 3 that is between the Grays Harbor North Jetty and the southern boundary of the Quinault Indian Nation and that portion between Olympic National Park South Beach Campground (Kalaloch area, Jefferson County) and Browns Point Olympic National Park Beach (Kalaloch area, Jefferson County). Digging is allowed from 12:01 p.m. to 11:59 p.m. on odd numbered days only.

(2) Effective 12:01 p.m. October 15 through 11:59 p.m. November 19, 1997, razor clam digging is allowed in all of Razor Clam Area 2. Digging is allowed from 12:01 p.m. to 11:59 p.m. on odd numbered days only.

(3) Effective 12:01 p.m. January 30 through 11:59 p.m. January 31, 1998, razor clam digging is allowed in the following areas: all of Razor Clam Areas 1 and 2 and that portion of Razor Clam Area 3 that is between the Copalis River and the southern boundary of the Quinault Indian Nation. Digging is allowed from 12:01 p.m. to 11:59 p.m.

(4) 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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REPEALER

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. January 31, 1998: