12-13-057

WSR 12-13-057

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-115 -- Filed June 15, 2012, 10:37 a.m. , effective June 26, 2012, 12:01 a.m. ]

     Effective Date of Rule: June 26, 2012, 12:01 a.m.

     Purpose: Amend commercial fishing rules.

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

     Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

     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: Based on historical catches and on-site inspection, there should be adequate clams to support an extension for commercial razor clams. Biotoxin levels currently fall below the regulatory threshold. 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 15, 2012.

James B. Scott, Jr.

for Philip Anderson

Director

NEW SECTION
WAC 220-52-03000M   Commercial razor clams.   Notwithstanding the provisions of WAC 220-52-030, effective June 26, 2012, through 11:59 p.m. July 8, 2012, a person may dig for and possess razor clams for commercial purposes only in those waters and detached beaches of Razor Clam Area 1 lying south of the Willapa Bay Ship Channel, west of Ellen Sands, and north of the tip of Leadbetter Point, defined by a line of boundary markers consisting of four fluorescent orange posts with the eastern-most post located at N 46° 39.597; W 124° 03.466, and the western-most post located at N 46° 39.548; W 124° 03.733.

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REPEALER

     The following section of the Washington Administrative Code is repealed effective 12:01 a.m. July 9, 2012:

WAC 220-52-03000M

Commercial razor clams.