WSR 98-05-034

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-20--Filed February 10, 1998, 10:50 a.m.]

Date of Adoption: February 10, 1998.

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: Test results show that adequate clams are available for harvest in Razor Clam Areas 1 and 2 and that portion of Razor Clam Area 3 specified above. Clams from these areas have been certified by the Department of Health as safe for human consumption. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

February 10, 1998

Bern Shanks

Director

NEW SECTION

WAC 220-56-36000T 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, or 3, except as provided for in this section:

(1) Effective 12:01 p.m. February 26 through 11:59 p.m. February 28, 1998 between 12:01 p.m. and 11:59 p.m. only, razor clam digging is allowed in Razor Clam Area 1.

(2) Effective 12:01 p.m. March 27 through 11:59 p.m. March 28, 1998 between 12:01 p.m. and 11:59 p.m. only, razor clam digging is allowed in Razor Clam Area 1.

(3) Effective 12:01 a.m. March 29 through 11:59 a.m. April 3, 1998, between 12:01 a.m. and 11:59 a.m. only, razor clam digging is allowed in the following areas: all of Razor Clam Area 2; that portion of Razor Clam Area 3 that is between the mouth of the Copalis River 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).

(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 12:00 noon April 3, 1998: