WSR 05-20-064

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 3, 2005, 3:32 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-13-101.

Title of Rule and Other Identifying Information: Shellfish disease rules.

Hearing Location(s): Heathman Lodge, 7801 N.E. Greenwood Drive, Vancouver, WA, on November 18-19, 2005, begins at 8:00 a.m. on November 18, 2005.

Date of Intended Adoption: November 18, 2005.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by November 11, 2005.

Assistance for Persons with Disabilities: Contact Susan Yeager by November 4, 2005, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Establish four new Denman Island Disease prohibited areas.

Reasons Supporting Proposal: Denman Island Disease has been detected in these areas.

Statutory Authority for Adoption: RCW 77.12.047, 77.115.010.

Statute Being Implemented: RCW 77.115.010.

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

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

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: Oyster harvesters will not be allowed to transfer oysters from these four sites back into state waters.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None required.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: None.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No. Oysters from these sites are allowed for sale.

5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:

a. Cost per employee;

b. Cost per hour of labor; or

c. Cost per one hundred dollars of sales.

There is no cost of compliance.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: There are no costs.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department has notified the industry that Denman Island Disease has been detected in these areas.

8. A List of Industries That Will Be Required to Comply with the Rule: Oyster growers in the affected waters.

A copy of the statement may be obtained by contacting Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail jacobesj@dfw.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulics.

October 3, 2005

Evan Jacoby

Rules Coordinator

OTS-8418.1


AMENDATORY SECTION(Amending Order 04-318, filed 12/15/04, effective 1/15/05)

WAC 220-72-089   Denman Island Disease prohibited area.   An area where Mikrocytos mackini, the causative agent of Denman Island Disease, has been confirmed with department approved histological methods by a department approved shellfish pathologist or reported in peer-reviewed scientific journal and accepted by the department. 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 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 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 12241'00" W. Long. due south to

4721'00" N. Lat.,

12241'00" W. Long.; thence to
4721'00" 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:

4714.084' N. Lat., 12251.316' W. Long. and 4716.224' N. Lat., 12251.746' W. Long.

(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:

The mainland on the west side of Oakland Bay at 4715'00" due east to

4715'00" N. Lat.,

12304'00" W. Long.; thence to
12304'00" N. Lat. where it intersects the mainland.

(8) Carr Inlet -- northerly of a line projected from the northern tip of South Head on Key Peninsula to the most western point of Green Point.

(9) Eld Inlet -- southerly of a line projected due north from the northern most point of Cooper Point to the mainland at Edgewater Beach.

(10) Port Orchard -- southerly of a line projected from Battle Point projected due west to the mainland; westerly of a line projected from Point White due south to the mainland; and easterly of a line projected from the southern most point of Point Herron due south to the mainland.

(11) Kilisut Harbor -- southerly of a line projected from the northeasterly most point on Indian Island north to the most northwesterly point of Marrowstone Island.

[Statutory Authority: RCW 77.12.047. 05-01-113 (Order 04-318), 220-72-089, filed 12/15/04, effective 1/15/05; 03-10-041 (Order 03-86), 220-72-089, filed 4/30/03, effective 5/31/03.]

Washington State Code Reviser's Office