WSR 06-17-056

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-197 -- Filed August 10, 2006, 10:52 a.m. , effective September 10, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-52-019.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 06-13-086 on June 20, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 4, 2006.

Nancy Burkhart

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-8972.1


AMENDATORY SECTION(Amending Order 03-81, filed 4/25/03, effective 5/26/03)

WAC 220-52-019   Geoduck clams -- Gear and unlawful acts.   (1) It is unlawful to take, fish for or possess geoduck clams taken for commercial purposes from any of the beds of navigable waters of the state of Washington except as provided in RCW 75.24.100 and rules of the director.

(2)(a) Only a manually operated water jet, the nozzle of which shall not exceed 5/8 inch inside diameter may be used to commercially harvest geoduck clams. Use of any other gear requires a permit from the director.

(b) It is unlawful in the commercial harvest of geoducks for through-hull fittings for water discharge hoses connected to the harvest gear to be below the surface of the water. Any through-hull fitting connected to the harvest gear which is above the surface of the water must be visible at all times.

(3) It is unlawful to take or fish for geoduck clams taken for commercial purposes between one-half hour before official sunset or 7:00 p.m. whichever is earlier and 7:00 a.m. No geoduck harvest vessel may be on a geoduck tract or harvest area after 7:30 p.m. or before 6:30 a.m. It is unlawful to take or fish for geoduck clams on Sundays or on state holidays as defined by the office of financial management. It is unlawful to possess geoduck clams taken in violation of this section.

(4) It is unlawful to harvest geoduck clams with any instrument that penetrates the skin, neck or body of the geoduck.

(5) It is unlawful to possess only the siphon or neck portion of a geoduck clam aboard a geoduck harvest vessel, except when a geoduck is incidentally damaged during harvest and must be reported under a department of natural resources harvest agreement.

(6) It is unlawful to retain any food fish or shellfish other than geoduck clams during geoduck harvesting operations, except for horse clams (Tresus capax and Tresus nuttallii) when horse clam harvest is provided for under a department of natural resources harvest agreement.

(7) It is unlawful for more than two divers from any one geoduck harvest vessel to be in the water at any one time.

(8) The following documents must be on board the geoduck harvesting vessel at all times during geoduck operations:

(a) A copy of the department of natural resources geoduck harvesting agreement for the tract or area where harvesting is occurring;

(b) A map of the geoduck tract or harvest area and complete tract or harvest area boundary identification documents or photographs issued by the department of natural resources for the tract or harvest area;

(c) A geoduck diver license for each diver on board the harvest vessel or in the water; and

(d) A geoduck fishery license as described in WAC 220-52-01901.

(9) It is unlawful to process geoducks on board any harvest vessel.

(10) It is unlawful to take or fish for geoduck clams for commercial purposes outside the tract or harvest area designated in the department of natural resources geoduck harvesting agreement required by subsection (8)(a) of this section. It is unlawful to possess geoduck clams taken in violation of this subsection.

(11) It is unlawful to harvest geoduck clams in areas deeper than seventy feet below ((the water surface at any tide height)) mean lower low water (0.0 ft.).

(12) Holders of geoduck fishery licenses shall comply with all applicable commercial diving safety regulations adopted by the Federal Occupational Safety and Health Administration established under the Federal Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq. Some of those regulations appear at 29 C.F.R. Part 1910, Subpart T.

[Statutory Authority: RCW 77.12.047. 03-10-008 (Order 03-81), 220-52-019, filed 4/25/03, effective 5/26/03. Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-52-019, filed 5/19/94, effective 6/19/94; 93-15-051, 220-52-019, filed 7/14/93, effective 8/14/93; 84-08-014 (Order 84-24), 220-52-019, filed 3/27/84; 81-11-006 (Order 81-31), 220-52-019, filed 5/11/81; 79-12-039 (Order 79-129), 220-52-019, filed 11/20/79; 79-02-053 (Order 79-6), 220-52-019, filed 1/30/79; Order 77-65, 220-52-019, filed 8/5/77 and 8/25/77; Order 76-152, 220-52-019, filed 12/17/76; Order 76-26, 220-52-019, filed 1:45 p.m., 4/20/76; Order 1258, 220-52-019, filed 8/25/75; Order 857, 220-52-019, filed 12/11/69.]

Washington State Code Reviser's Office