WSR 01-20-055

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-217 -- Filed September 27, 2001, 4:25 p.m. , effective October 16, 2001, 12:01 p.m. ]

     Date of Adoption: September 27, 2001.

     Purpose: Amend personal use rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-36000K; 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 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 16, 2001, 12:01 p.m.

September 27, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-56-36000K   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 16, 2001 through 11:59 p.m. October 16, 2001 and 12:01 p.m. October 18 through 11:59 p.m. October 18, 2001 between 12:01 p.m. to 11:59 p.m. only, razor clam digging is allowed in Razor Clam Areas 1, 2 and those portions of Razor Clam Area 3 between the Grays Harbor North Jetty and the southern boundary of the Quinault Indian Nation.

     (2) Effective 12:01 p.m. October 20, 2001 through 11:59 p.m. October 20, 2001, between 12:01 p.m. to 11:59 p.m. only, razor clam digging is allowed in Razor Clam Areas 1, 2 and those portions of Razor Clam Area 3 between the Grays Harbor North Jetty and the southern boundary of the Quinault Indian Nation and between Olympic National Park South Beach Campground access road (Kalaloch area, Jefferson County) and Browns Point (Kalaloch area, Jefferson County).

     (3) Effective 12:01 p.m. November 13, 2001 through 11:59 p.m. November 13, 2001 and 12:01 p.m. November 15, 2001 through 11:59 p.m. November 16, 2001 between 12:01 p.m. to 11:59 p.m. only, razor clam digging is allowed in Razor Clam Areas 1, 2 and those portions of Razor Clam Area 3 between the Grays Harbor North Jetty and the southern boundary of the Quinault Indian Nation.

     (4) Effective 12:01 p.m. November 17, 2001 through 11:59 p.m. November 17, 2001, between 12:01 p.m. to 11:59 p.m. only, razor clam digging is allowed in Razor Clam Areas 1, 2 and those portions of Razor Clam Area 3 between the Grays Harbor North Jetty and the southern boundary of the Quinault Indian Nation and between Olympic National Park South Beach Campground access road (Kalaloch area, Jefferson County) and Browns Point (Kalaloch area, Jefferson County).

     (5) Effective 12:01 p.m. December 13, 2001 through 11:59 p.m. December 14, 2001 between 12:01 p.m. to 11:59 p.m. only, razor clam digging is allowed in Razor Clam Areas 1, 2 and those portions of Razor Clam Area 3 between the Grays Harbor North Jetty and the southern boundary of the Quinault Indian Nation.

     (6) Effective 12:01 p.m. December 15, 2001 through 11:59 p.m. December 15, 2001, between 12:01 p.m. to 11:59 p.m. only, razor clam digging is allowed in Razor Clam Areas 1, 2 and those portions of Razor Clam Area 3 between the Grays Harbor North Jetty and the southern boundary of the Quinault Indian Nation and between Olympic National Park South Beach Campground access road (Kalaloch area, Jefferson County) and Browns Point (Kalaloch area, Jefferson County).

     (7) Effective 12:01 p.m. December 30, 2001 through 11:59 p.m. January 1, 2002 between 12:01 p.m. to 11:59 p.m. only, razor clam digging is allowed in Razor Clam Areas 1, 2 and those portions of Razor Clam Area 3 between the Grays Harbor North Jetty and the southern boundary of the Quinault Indian Nation.)

     (8) 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.

[]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. January 2, 2002:


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

© Washington State Code Reviser's Office