WSR 99-10-061

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-60-- Filed May 3, 1999, 2:38 p.m. ]

Date of Adoption: December 5, 1998.

Purpose: Amend aquaculture transfer rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-72-076.

Statutory Authority for Adoption: RCW 75.08.080.

Adopted under notice filed as WSR 98-21-055 on October 19, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Thirty-one days after filing.

May 3, 1999

Debbie Nelson

for Kelly White, Chairman

Fish and Wildlife Commission

OTS-2615.1


AMENDATORY SECTION(Amending Order 97-56, filed 4/2/97, effective 5/3/97)

WAC 220-72-076
Unlawful acts--Permit required.

(1) It shall be unlawful to transfer shellfish, shellfish aquaculture products (including oyster seed, cultch and shell), aquaculture equipment (including aquaculture vehicles and vessels) or any marine organisms adversely affecting shellfish from a restricted area into an unrestricted area without obtaining written permission from the director of fish and wildlife or the director's authorized agent.  Such written permit must be affixed to or otherwise accompany the conveyance affecting the physical transfer of such shellfish, shellfish aquaculture products (including oyster seed, cultch and shell), aquaculture equipment (including aquaculture vehicles and vessels) oyster drills, or drill-infested or marine organisms harmful to shellfish.  Areas found to have aquatic diseases or pests (including the oyster drill Ceratostoma inornatum) will be immediately considered restricted by the department of fish and wildlife.  The department will immediately notify property owners of the restricted status.

(2) It is unlawful to transfer shellfish aquaculture products (including all oysters and clams, oyster seed, cultch, and shell), and aquaculture equipment (including aquaculture vehicles and vessels) from the waters and tidelands of Grays Harbor inside and easterly of a line projected from the outermost end of the north jetty to the outermost end of the south jetty and from the waters and tidelands of Willapa Bay inside and easterly of a line projected from the most northern tip of Leadbetter Point true north to Cape Shoalwater without obtaining written permission from the director of fish and wildlife or the director's authorized agent. Transfers to the waters and tidelands of Willapa Bay inside and easterly of a line projected from the most northern tip of Leadbetter Point true north to Cape Shoalwater are exempted from this written permission requirement. Such written permit must be affixed to or otherwise accompany the conveyance affecting the physical transfer of such shellfish, shellfish aquaculture products (including oyster seed, cultch, and shell), or aquaculture equipment (including aquaculture vehicles and vessels).

[Statutory Authority: RCW 75.08.080.  97-08-078 (Order 97-56), 220-72-076, filed 4/2/97, effective 5/3/97; Order 847, 220-72-076, filed 9/24/69.]

Washington State Code Reviser's Office