WSR 99-22-054

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed November 1, 1999, 10:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-15-080.

Title of Rule: Driving on razor clam beds.

Purpose: Change punishment to an infraction.

Statutory Authority for Adoption: RCW 75.08.080, 77.15.020.

Statute Being Implemented: RCW 75.08.080, 77.15.020.

Summary: Changes driving on razor clam beds to an infraction.

Reasons Supporting Proposal: Driving on razor clam beds is wastage on department-controlled lands, but may be inadvertent and the level of wastage is difficult to prove. This will allow enforcement at a reduced penalty level.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.

Name of Proponent: Washington State Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Driving on razor calm beds has been a violation both prior to and after the 1998 enforcement code did away with generic rule violations. Currently it can be charged using the underlying wastage statute, RCW 77.15.170, or the unlawful use of department controlled lands, RCW 77.15.230 (as modified by the 1999 legislature). While both of these can be charges as a misdemeanor, driving on razor clam beds may involve inadvertent behavior, and is, after all, a driving offense, most of which are now traffic infractions. It will be easier to enforce as an infraction, eliminates the necessity of court appearances by officers, and will still provide the deterrence to protect the razor clams from possible crushing by horse hooves or vehicle tires.

Proposal Changes the Following Existing Rules: Makes driving on razor clam beds an infraction.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not involve small businesses, it involves people riding and driving on razor clam beds.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Double Tree Hotel on the Quay, 100 Columbia Street, Vancouver, on December 10-11, 1999, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by November 23, 1999, TDD (360) 902-2207, or (360) 902-2226.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2944, by December 9, 1999.

Date of Intended Adoption: December 10, 1999.

November 1, 1999

Evan Jacoby

Rules Coordinator

OTS-3540.1


AMENDATORY SECTION(Amending Order 98-120, filed 7/7/98, effective 8/7/98)

WAC 220-20-025
General provisions--Shellfish.

(1) It is unlawful to drive or operate any motor-propelled vehicle, land any airplane or ride or lead any horse on the razor clam beds of the state of Washington, as defined in WAC 220-16-257. A violation of this subsection shall be punished as an infraction.

(2) It is unlawful to possess any soft-shelled crab for any purpose.

(3) It is unlawful to possess in the field any crab from which the back shell has been removed.

(4) It is unlawful to use any chemicals when taking or fishing for octopus except for persons granted a scientific collector's permit from the department for the harvest of octopus for display or scientific purposes.

(5) It is unlawful to willfully damage crab or other shellfish.  Any crab taken incidentally to a net fishery must be immediately returned to the water with the least possible damage to the crab.

(6) It is unlawful to fish for or possess shellfish taken for commercial purposes from the San Juan Islands Marine Preserve, except it is lawful to fish for crab in Parks Bay.

(7) It is unlawful to fish for, harvest, or possess shellfish taken from the Titlow Beach Marine Preserve, the Sund Rock Marine Preserve, or the Edmonds Underwater Park.

[Statutory Authority: RCW 75.08.080.  98-15-031 (Order 98-120), 220-20-025, filed 7/7/98, effective 8/7/98; 95-23-020 (Order 95-166), 220-20-025, filed 11/8/95, effective 12/9/95; 94-12-009 (Order 94-23), 220-20-025, filed 5/19/94, effective 6/19/94; 90-06-045 (Order 90-15), 220-20-025, filed 3/1/90, effective 4/1/90; 80-13-064 (Order 80-123), 220-20-025, filed 9/17/80; Order 1179, 220-20-025, filed 11/19/74; Order 990, 220-20-025, filed 5/11/72; Order 810, 220-20-025, filed 4/17/69.]

Washington State Code Reviser's Office