WSR 04-08-037

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-66 -- Filed March 30, 2004, 4:31 p.m. ]

Date of Adoption: March 30, 2004.

Purpose: Amend commercial rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-72-011, 220-72-089, and 220-72-090.

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: The confirmation of this disease into additional areas requires further prompt action to halt and/or minimize the further spread of the disease. These rules are interim until permanent rules take effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

March 30, 2004

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-72-01100B   Oyster drill restricted shellfish areas -- Puget Sound.   Notwithstanding the provisions of WAC 220-72-011, effective immediately until further notice, all waters, tidelands, shellfish handling facilities and equipment (including aquaculture vehicles and vessels) operated in conjunction with said waters and tidelands of Puget Sound within the following areas are designated as oyster drill restricted shellfish areas:

(1) Carr Inlet -

(a) Burley Lagoon -- inside and northerly of the Purdy bridge.

(b) Minter Creek -- inside and westerly of a line projected from:

Point No. 1 from Key Peninsula mainland at 12241'00"W Long. due south to

Point No. 2 at 4721'00"N. Lat.

12241'00"W. Long. thence projected true west to shore.

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NEW SECTION
WAC 220-72-08900C   Denman Island Disease prohibited area.   Notwithstanding the provisions of WAC 220-72-089, effective immediately until further notice, an area where Mikrocytos mackini, the causative agent of Denman Island Disease, has been confirmed in designated as a Denman Island Disease prohibited area. This label applies to all waters, tidelands, shellfish handling facilities and equipment (including aquaculture vehicles and vessels) operated in conjunction with said waters and tidelands. The following areas are designated as Denman Island Disease prohibited areas:

(1) Strait of Juan de Fuca, Dungeness Bay -- inside and westerly of a line projected from the tip of Dungeness Spit due south to the mainland.

(2) Orcas Island,

(a) Deer Harbor -- inside and northerly of a line projected between Pole Pass Point and Steep Point.

(b) West Sound -- inside and northerly of a line projected between Caldwell Point and the most southerly point of land west of the community of Orcas.

(c) East Sound -- inside and northerly of a line projected between Diamond Point and the most south-westerly point on Orcas Island at Obstruction Pass.

(3) Westcott Bay -- inside and westerly of a line projected between the most southerly point of White Point and the most northerly point of Delacombe Point.

(4) Bellingham and Samish Bays - southerly and inside of a line projected between Lummi Point and Gooseberry Point and easterly and inside of line projected between Carter Point and William Point.

(5) Minter Creek -- inside and westerly of a line projected from:

Point No. 1 from the mainland at 12241'00"W Long. due south to

Point No. 2 at 4721'00"N. Lat.

12241'00"W. Long. thence to

Point No. 3 at 4721'00"N. Lat. where it reaches the mainland.

(6) McMicken Island - inside and westerly of a line projected between Dougall Point and Wilson Point.

(7) Oakland Bay - inside and northerly of a line projected across Oakland Bay at 4714'30"N. Lat. and inside and southerly of a line projected from:

Point No. 1 from the mainland on the west side of Oakland Bay at 4715'00 due east to

Point No. 2 at 4715'00"N. Lat.

12304'00"W. Long. thence to

Point No. 3 at 12304'00"N. Lat. where it reaches the mainland.

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NEW SECTION
WAC 220-72-09000C   Denman Island Disease surveillance area.   Notwithstanding the provisions of WAC 220-72-090, effective immediately until further notice, all waters, tidelands, shellfish handling facilities and equipment (including aquaculture vehicles and vessels) operated in conjunction with said waters and tidelands within the following areas are designated as Denman Island Disease surveillance areas:

(a) North Puget Sound, Strait of Juan de Fuca and San Juan Islands -- easterly of a line projected true north of Cape Flattery to the international boundary line, northerly of a line projected from the northern most tip of Tala Point to the western most tip of Foulweather Bluff, and northerly of a line projected from the eastern most point of Apple Cove Point to the western most point of Edwards Point.

(b) South Puget Sound -- inside and southerly of the Tacoma Narrows Bridge.

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