Date of Adoption: December 9, 2000.

Purpose: Amend aquaculture rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-52-020.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 00-22-077 on October 31, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

December 21, 2000

Debbie Nelson

for Kelly White, Chairman

Fish and Wildlife Commission

OTS-4500.1

AMENDATORY SECTION(Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-52-020   Clams -- ((Puget Sound -- Seasons and areas)) Commercial harvest.   (((1) It shall be unlawful to take, dig for or possess clams, cockles, borers, and mussels, not including geoduck clams, taken for commercial purposes from the tidelands of registered aquaculture farms in Puget Sound except during the following seasons:

     (a) Those tidelands lying west of the tip of Dungeness Spit from November 1 through March 31.

     (b) Elsewhere on Puget Sound the entire year.

     (c) Licensing: No fishery license is required to retain clams taken from registered aquaculture farms but registration is required prior to commercial harvest.

     (2))) It shall be unlawful to take, dig for or possess clams except razor clams, cockles, borers ((and)) or mussels ((except razor clams)) taken for commercial purposes from the tidelands of the state of Washington except from registered aquaculture farms ((or by permit issued by the director)).

[Statutory Authority: RCW 75.08.080.      94-12-009 (Order 94-23), § 220-52-020, filed 5/19/94, effective 6/19/94; 91-10-024 (Order 91-22), § 220-52-020, filed 4/23/91, effective 5/24/91; 84-08-014 (Order 84-24), § 220-52-020, filed 3/27/84; Order 807, § 220-52-020, filed 1/2/69, effective 2/1/69; subsections 1 and 2 from Order 679, filed 4/20/66; subsections 1, 1a, 2 from Orders 351 and 256, filed 3/1/60; subsection 1b from Order 605, filed 4/21/64; Orders 443 and 256, filed 3/1/60.]

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