PERMANENT RULES
FISH AND WILDLIFE
Date of Adoption: April 11, 2003.
Purpose: Amend shellfish disease rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-72-002, 220-72-011, 220-72-015, 220-72-070, 220-72-073, 220-72-076, 220-72-086, 220-72-087, 220-72-089, 220-72-090, and 220-72-092.
Statutory Authority for Adoption: RCW 77.12.047.
Adopted under notice filed as WSR 03-06-109 on March 5, 2003.
Changes Other than Editing from Proposed to Adopted Version: At the beginning of WAC 220-72-086, add, "The European green crab restricted shellfish areas are as follows:".
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 6, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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Repealed 0.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.
April 28, 2003
Susan Yeager
for Will Roehl, Chair
Fish and Wildlife Commission
OTS-6259.2
AMENDATORY SECTION(Amending Order 97-56, filed 4/2/97,
effective 5/3/97)
WAC 220-72-002
Promulgation.
In order to suppress and
prevent the spread of infectious, contagious, communicable
diseases and pests affecting shellfish, the following
regulations are adopted (WAC 220-72-011 through ((220-72-085))
220-72-091).
[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), § 220-72-002, filed 4/2/97, effective 5/3/97; Order 847, § 220-72-002, filed 9/24/69.]
(1) Dungeness Bay -- inside and bounded westerly of a line
projected from the most ((southerly)) easterly tip of
Dungeness Spit ((southerly)) true-south to the mainland.
(2) Drayton Harbor -- inside and southerly of a line
projected from the ((end)) north most tip of Semiahmoo Spit to
where the International Boundary line intersects the mainland.
(3) Lummi Bay -- inside the Lummi Dike and ((easterly and))
inside ((of)) and bounded by a line projected from ((48°46'32"
N. Lat., 122°40'00" W. Long. due south to a point 48°45'55" N.
Lat., 122°40'00" W. Long. and then due east to the mainland)):
Point No. 1 at 48°46'32" N. Lat.
| 122°40'00" W. Long. thence to |
| 122°40'00" W. Long. thence to |
| 122°39'12" W. Long. |
(4) Samish Bay -- inside and easterly of a line starting at
the most westerly tip of ((the point at the south entrance of
Chuckanut Bay)) Governor's Point and projected in a southerly
direction to the most westerly tip of William Point on Samish
Island.
(5) Padilla Bay -- ((southerly)) easterly (including the
Swinomish channel) of a line starting at the most westerly tip
of William Point on Samish Island and projected southerly to
the most northerly tip of March Point on Fidalgo Island.
(6) Similk and Skagit Bays -- northerly of a line projected
across Skagit Bay ((and)) following latitude 48°20' N. and
easterly of the Deception Pass bridge.
(7) Liberty Bay -- inside((,)) and westerly ((and
northerly)) of a line projected true south from the most
southerly point at Tower Point.
(8) Dyes Inlet -- inside and northerly of a line projected
true east from the most ((northern)) northerly tip of Rocky
Point to the mainland ((in the vicinity of southern
Tracyton)).
(9) Burley Lagoon -- inside and northerly of the Purdy bridge.
(10) Case Inlet -- ((Rocky Bay and North Bay -- northerly of
a line projected true west from the westerly tip of Windy
Bluff across Case Inlet through the northerly tip of Reach
Island to the west shore of Case Inlet.))
(a) Rocky Bay and North Bay -- northerly of a line projected across Case Inlet following latitude 47°20'44" N.
(b) Vaughn Bay -- easterly of a line projected true north from the most northerly point of the southern spit at the mouth of Vaughn Bay to the mainland on the north shore.
(11) Hammersley Inlet(( -- )) and Oakland Bay -- inside,
westerly and northerly of a line starting at the most
southeasterly point of Munson Point and projected in a
((southerly)) southeasterly direction to Eagle Point.
(12) Totten Inlet(( -- )), Oyster Bay(( -- )) and Little
Skookum Inlet -- inside and southerly of a line starting at the
most southeasterly point on Windy Point and projected
northeasterly to the most ((southern)) northerly tip of ((the
Steamboat Island bridge)) Sandy Point (i.e., the southern base
of the Steamboat Island Bridge).
(13) Eld Inlet --
(a) Mud Bay -- inside((, southerly)) and westerly of a line
((starting at)) projected from the most easterly point of
Flapjack Point and projected true south to the mainland.
(b) Sanderson Harbor -- lying inside and westerly of a line starting at the most northern point on Sanderson Spit and projected northeasterly to the mainland.
(14) Nisqually Flats -- inside and southerly of a line starting at the end of the DuPont Dock and projected true west to the mainland.
(15) Hood Canal --
(a) Quilcene Bay -- inside, northerly and easterly of a
line starting at the Port of Port Townsend boat ramp north of
Coast Seafoods company shellfish hatchery projected easterly
to a point at 48°48'10" N. Lat., 122°51'30" W. Long. and then
projected southeasterly to the most ((southerly)) westerly tip
of ((Bolton Peninsula)) Fisherman's Point.
(b) Tarboo Bay -- inside, northerly and easterly of a line
starting at the most ((northern)) northerly tip of Long Spit
and then projected true west to the mainland.
(c) ((Rendsland Creek)) The Great Bend to Lynch
Cove -- inside and bounded easterly ((and inside of)) by lines
((drawn)) projected from:
Point No. 1 at 47°23'02.7" N. Lat.
| 123°06'42.8" Long. thence to |
| 123°06'55" W. Long. thence to |
| 123°06'55" W. Long., then projected true east to the mainland. |
(e))) Hamma Hamma Flats and Jorsted Creek -- inside and
westerly of lines ((drawn)) projected from:
Point No. 1 at 47°33'15" N. Lat.
| 123°01'42" W. Long. thence to |
| 123°01'06" W. Long. thence to |
| 123°01'48" W. Long. thence to |
| 123°01'54" W. Long. |
Point No. 1 at 47°41'03" N. Lat.
| 122°53'45" W. Long. thence to |
| 122°52'24" W. Long. thence to |
| 122°52'24" W. Long. thence to |
| 122°52'39" W. Long. |
Point No. 1 at 47°45'43.7" N. Lat.
| 122°51'02" W. Long. thence to |
| 122°51'02" W. Long. thence to |
| 122°51'12" W. Long. thence to |
| 122°51'12" W. Long. |
Point No. 1 at 47°38'46" N. Lat.
| 122°54'08" W. Long. thence to |
| 122°56'25" W. Long. |
[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), § 220-72-011, filed 4/2/97, effective 5/3/97.]
[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), § 220-72-015, filed 4/2/97, effective 5/3/97.]
[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), § 220-72-070, filed 4/2/97, effective 5/3/97; Order 847, § 220-72-070, filed 9/24/69.]
[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), § 220-72-073, filed 4/2/97, effective 5/3/97; Order 847, § 220-72-073, filed 9/24/69.]
(2) To control the spread of European green crabs, 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)) a European
green crab restricted area into a European green crab
unrestricted area 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).
(3) To control the spread of Denman Island Disease, 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 or between a Denman Island Disease prohibited or surveillance area to a Denman Island Disease unrestricted area without obtaining written permission from the director of fish and wildlife or the director's authorized agent.
[Statutory Authority: RCW 75.08.080. 99-10-061 (Order 99-60), § 220-72-076, filed 5/3/99, effective 6/3/99; 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.]
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.
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(1) Dungeness Bay -- inside and westerly of a line projected from the tip of Dungeness Spit due south to the mainland.
(2) Deer Harbor -- inside and northerly of a line projected between Pole Pass Point and Steep Point.
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