WSR 01-11-036

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-80 -- Filed May 8, 2001, 3:13 p.m. , effective May 11, 2001 ]

Date of Adoption: May 8, 2001.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-36000I; and amending WAC 220-56-360.

Statutory Authority for Adoption: RCW 77.12.047.

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 2 and 3 and Washington Department of Health has certified clams from these areas to be 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 11, 2001, 12:01 a.m.

May 8, 2001

J. P. Koenings

Director


NEW SECTION
WAC 220-56-36000I   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, or except as provided for in this section:

     (1) Effective 12:01 a.m. May 11 through 11:59 a.m. May 12, 2001, between 12:01 a.m. to 11:59 a.m. only, razor clam digging is allowed in all of Razor Clam Area 2.

     (2) Effective 12:01 a.m. May 12 through 11:59 a.m. May 12, 2001, between 12:01 a.m. to 11:59 a.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 southern boundary of the Quinault Indian Nation.

     (3) 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 May 12, 2001:


WAC 220-56-36000I Razor clams -- Areas and seasons.

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