WSR 02-11-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-101 -- Filed May 8, 2002, 11:32 a.m. ]

Date of Adoption: May 7, 2002.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-03000R; and amending WAC 220-52-030.

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: The Willapa Spits have readily supported a six week fishery since 1989. Annual reported harvest has averaged about 30,000 pounds. The fishery provides an important supply of crab bait to the local Dungeness crab industry and depending on size and condition of the clams, a fresh market restaurant trade. Based on historical catches and on site inspection, there should be adequate clams to support a six-week season. Biotoxin levels currently fall below the regulatory threshold. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

May 7, 2002

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-52-03000R   Commercial razor clams.   Notwithstanding the provisions of WAC 220-52-030, effective immediately until further notice, it is unlawful to dig for or possess razor clams taken for commercial purposes from Washington waters except as provided for in this section:

(1) Effective 12:01 a.m. May 12, 2002 through June 30, 2002, it is lawful to dig for and possess razor clams for commercial purposes in those waters and beaches of Razor Clam Area One lying south of the Willapa Bay Ship Channel, west of Ellen Sands and north of the tip of Leadbetter Point.

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REPEALER

The following section of the Washington Administrative Code is repealed effective July 1, 2002:


WAC 220-52-03000R Commercial razor clams.

Washington State Code Reviser's Office