Purpose: Amend aquaculture disease control rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-72-002, 220-72-070, 220-72-073, 220-72-079, 220-72-085, 220-72-087, 220-72-090 and 220-72-092; and amending WAC 220-72-011, 220-72-076, and 220-72-089.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 04-21-072 on October 19, 2004.

     Changes Other than Editing from Proposed to Adopted Version: WAC 220-72-076: In subsection (1), insert first before "obtaining written permission"; after "director's authorized agent" insert except for market ready shellfish as provided for in this subsection and except for shellfish seed transferred under a shellfish health agreement as provided for in subsection (3) of this section; after "accompanying the conveyance" strike through the remainder of the sentence; after the struck through language ending with "restricted status" insert Where regular and reoccurring transfers take place, a permit may be issued on an annual basis. Shellfish which are market ready, intended for immediate human consumption, and which will not be placed into or come in contact with state waters may be transferred without a department permit. Failure to obtain a permit or failure to affix the permit or to have the permit accompany the conveyance is punishable under RCW 77.15.350.; insert (2) before "Permits will be approved."

     In subsection (2), after "aquatic disease or pest" insert or upon determination of violation of the conditions of a permit; after "appeal process" insert It is unlawful to make any transfer requiring a permit under subsection (1) of this section if a permit has been revoked or suspended.; strike the new sentence beginning with "Shellfish which are market ready..."

     In subsection (3) after "When shellfish health agreements" insert have been made by memoranda of agreement; after "shellfish hatcheries" delete "have been made"; after "may be authorized" delete "issue shellfish authorization forms for" and insert to transfer; after "Shellfish health agreements will require" delete "sending reports of shellfish seed transfers from a hatchery and outplant sites to WDFW" and insert submission of a seed transfer report to the department.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 3, Repealed 8.

     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.

     Date Adopted: December 4, 2004.

Susan Yeager

for Will Roehl, Chair

Fish and Wildlife Commission

OTS-7612.6

AMENDATORY SECTION(Amending Order 03-86, filed 4/30/03, effective 5/31/03)

WAC 220-72-011   Oyster drill restricted shellfish areas -- Puget Sound.   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) Dungeness Bay -- inside and bounded westerly of a line projected from the most easterly tip of Dungeness Spit true-south to the mainland.

     (2) Drayton Harbor -- inside and southerly of a line projected from the north most tip of Semiahmoo Spit to where the International Boundary line intersects the mainland.

     (3) Lummi Bay -- inside the Lummi Dike and inside and bounded by a line projected from:

     ((Point No. 1 at)) 48°46'32" N. Lat.

122°40'00" W. Long.; thence to

     ((Point No. 2 at)) 48°45'55" N. Lat.

122°40'00" W. Long.; thence to

     ((Point No. 3 at)) 48°45'55" N. Lat.

122°39'12" W. Long.; then northerly along the beach to the point of origin.

     (4) Samish Bay -- inside and easterly of a line starting at the most westerly tip of Governor's Point and projected in a southerly direction to the most westerly tip of William Point on Samish Island.

     (5) Padilla Bay -- 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 following latitude 48°20' N. and easterly of the Deception Pass bridge.

     (7) Liberty Bay -- inside and westerly 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 northerly tip of Rocky Point to the mainland.

     (9) Carr Inlet --

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

     (b) Minter Creek -- inside and westerly of a line projected from the east shore at 122°41'00" W. Long. true south to 47°21'00" N. Lat., then true west to shore.

     (10) 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 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 northerly tip of Sandy Point (i.e., the southern base of the Steamboat Island Bridge).

     (13) Eld Inlet --

     (a) Mud Bay -- inside and westerly of a line 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)) near the DuPont Dock on the east shore at 47°07'00" N. Lat. 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 westerly tip of Fisherman's Point.

     (b) Tarboo Bay -- inside, northerly and easterly of a line starting at the most northerly tip of Long Spit and then projected true west to the mainland.

     (c) The Great Bend to Lynch Cove -- inside and bounded easterly by a line((s)) projected from((:

     Point No. 1 at 47°23'02.7" N. Lat.

123°06'42.8" Long. thence to

     Point No. 2 at 47°23'02.7" N. Lat.

123°06'55" W. Long. thence to

     Point No. 3 at 47°21'00" N. Lat.

123°06'55" W. Long., then projected true east)) the western most point at Musqueti Point true west to the mainland.

     (d) Hamma Hamma Flats and Jorsted Creek -- inside and westerly of a line((s)) projected from:

     ((Point No. 1 at)) 47°33'15" N. Lat.

123°01'42" W. Long.; thence to

     ((Point No. 2 at)) 47°32'54" N. Lat.

123°01'06" W. Long.; thence to

     ((Point No. 3 at)) 47°32'54" N. Lat.

123°01'48" W. Long.; thence to

     ((Point No. 4 at)) 47°31'00" N. Lat.

123°01'54" W. Long.; then true west to shore.

     (e) Dosewallips Delta -- inside and westerly of lines projected from:

     ((Point No. 1 at)) 47°41'03" N. Lat.

122°53'45" W. Long.; thence to

     ((Point No. 2 at)) 47°41'03" N. Lat.

122°52'24" W. Long.; thence to

     ((Point No. 3 at)) 47°42'20.6" N. Lat.

122°52'24" W. Long.; thence to

     ((Point No. 4 at)) 47°42'20.6" N. Lat.

122°52'39" W. Long.

     (f) Point Whitney -- inside and westerly of lines projected from:

     ((Point No. 1 at)) 47°45'43.7" N. Lat.

122°51'02" W. Long.; thence to

     ((Point No. 2 at)) 45°45'56" N. Lat.

122°51'02" W. Long.; thence to

     ((Point No. 3 at)) 45°45'56" N. Lat.

122°51'12" W. Long.; thence to

     ((Point No. 4 at)) 47°45'45" N. Lat.

122°51'12" W. Long.

     (g) Duckabush River Mouth -- inside and westerly of a line projected from:

     ((Point No. 1 at)) 47°38'46" N. Lat.

122°54'08" W. Long.; thence to

     ((Point No. 2 at)) 47°37'55" N. Lat.

122°56'25" W. Long.

     (16) Henderson Inlet -- South Bay -- inside and southerly of a line commencing at a point on the west shore of Henderson Inlet where the south line of Section 17, Twp 19 N R 1 WWM intersects the shoreline, thence projected true east across Henderson Inlet to the east shoreline.

[Statutory Authority: RCW 77.12.047. 03-10-041 (Order 03-86), § 220-72-011, filed 4/30/03, effective 5/31/03. Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), § 220-72-011, filed 4/2/97, effective 5/3/97.]

     (2) Permits will be approved with conditions or denied based on the shellfish disease or pest transfer risk. Existing permits may be revoked, suspended or modified upon a finding of an aquatic disease or pest or upon determination of violation of the conditions of a permit. In the event of revocation, suspension or denial of a permit, the affected party may appeal through the Administrative Procedure Act. A suspended or revoked permit will remain suspended or revoked during the appeal process. It is unlawful to make any transfer requiring a permit under subsection (1) of this section if a permit has been revoked or suspended. Violation of this subsection is punishable under RCW 77.15.350.

     (((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 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.))

     (3) When shellfish health agreements have been made by memoranda of agreement between WDFW and companies which operate shellfish hatcheries, the company may be authorized to transfer shellfish seed to seed buyers without a transfer permit. Shellfish health agreements may be revoked for cause. Shellfish health agreements will require submission of a seed transfer report to the department on a quarterly basis and when requested by authorized department personnel.

[Statutory Authority: RCW 77.12.047. 03-10-041 (Order 03-86), § 220-72-076, filed 4/30/03, effective 5/31/03. 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.]

     (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 southwesterly 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 a line projected between Carter Point and William Point.

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

     The mainland at 122°41'00" W. Long. due south to

     47°21'00" N. Lat.,

122°41'00" W. Long.; thence to

     47°21'00" N. Lat. where it intersects the mainland.

     (6) McMicken Island -- inside and westerly of a line projected between the following two points on the east shore of Hartstene Island:

     47°14.084' N. Lat., 122°51.316' W. Long. and 47°16.224' N. Lat., 122°51.746' W. Long.

     (7) Oakland Bay -- inside and northerly of a line projected across Oakland Bay at 47°14'30" N. Lat. and inside and southerly of a line projected from:

     The mainland on the west side of Oakland Bay at 47°15'00" due east to

     47°15'00" N. Lat.,

123°04'00" W. Long.; thence to

     123°04'00" N. Lat. where it intersects the mainland.

[Statutory Authority: RCW 77.12.047. 03-10-041 (Order 03-86), § 220-72-089, filed 4/30/03, effective 5/31/03.]

     The following sections of the Washington Administrative Code are repealed:

WAC 220-72-002	Promulgation.
WAC 220-72-070	Oyster drill unrestricted shellfish areas.
WAC 220-72-073	Unlawful acts -- Shellfish transfer.
WAC 220-72-079	Unlawful acts -- Compliance.
WAC 220-72-085	Imports -- Written permission.
WAC 220-72-087	European green crab unrestricted area.
WAC 220-72-090	Denman Island Disease surveillance area.
WAC 220-72-092	Denman Island Disease unrestricted area.

© Washington State Code Reviser's Office