WSR 17-08-085 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-67—Filed April 4, 2017, 1:38 p.m., effective April 4, 2017, 1:38 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend recreational harvest rules for razor clams.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-330-16000C; and amending WAC 220-330-160.
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: This emergency rule is needed to open razor clam beaches for recreational harvest because survey results show that adequate clams are available for harvest in Razor Clam Area 3 which will provide for recreational harvest opportunity. Washington department of health has certified clams from these beaches to be safe for human consumption. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 4, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-330-16000C Razor clams—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-160, it is unlawful to take, dig for or possess razor clams taken for personal use from any beaches in any razor clam area except as provided for in this section:
(1) Effective 12:01 p.m. April 5, 2017 through 11:59 p.m. April 8, 2017 razor clam digging is permissible in Razor Clam Area 3. Digging is permissible from 12:01 p.m. to 11:59 p.m. only.
(2) Effective 12:01 a.m. April 9, 2017 through 11:59 a.m. April 9, 2017 razor clam digging is permissible in Razor Clam Area 3. Digging is permissible from 12:01 a.m. to 11:59 a.m. only.
(3) It is unlawful to dig for razor clams at any time in the Twin Harbors Clam sanctuaries defined in WAC 220-320-130.
REPEALER
The following section of the Washington Administrative Code is repealed effective 12:01 p.m. April 9, 2017.
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