WSR 04-07-097

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-53 -- Filed March 16, 2004, 4:46 p.m. , effective March 18, 2004, 12:01 p.m. ]

     Date of Adoption: March 16, 2004.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-36000Y; 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: Survey results show that adequate clams are available for harvest [in] the portions of Razor Clam Area 3 opened by this emergency rule. Washington Department of Health has certified clams from this area 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 18, 2004, 12:01 p.m.

March 16, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-36000Y   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. March 18 through 11:59 p.m. March 20, 2004, razor clam digging is allowed in that portion of Razor Clam Area 3 that is between Olympic National Park South Beach Campground access road (Kalaloch area, Jefferson County) and Browns Point (Kalaloch area, Jefferson County). Digging is allowed from 12:01 p.m. to 11:59 p.m. each day.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. March 21, 2004:


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

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