WSR 15-18-012 PERMANENT RULES DEPARTMENT OF NATURAL RESOURCES [Filed August 21, 2015, 11:30 a.m., effective September 21, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: Commercial geoduck harvesting techniques expose divers to a wide range of occupational health and safety hazards. 2SHB 1764 requires the department of natural resources (DNR) to adopt rules establishing a geoduck diver safety program. The proposed rule establishes mandatory safety training requirements for all divers participating in the state managed wildstock geoduck fishery. Mandated safety requirements are intended to mitigate the inherent hazards associated with working in hyperbaric conditions and reduce the probability of diver related accidents. Increased safety requirements will reduce risk exposure for geoduck divers, as well for other individuals that provide emergency response in the event of a dive related accident.
Statutory Authority for Adoption: RCW 43.30.560.
Adopted under notice filed as WSR 15-14-133 on July 1, 2015.
A final cost-benefit analysis is available by contacting Matthew Goehring, DNR, 1111 Washington Street S.E., Mailstop 47027, Olympia, WA 98504-7027, phone (360) 902-1090, fax (360) 902-1786, e-mail matt.goehring@dnr.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 18, 2015.
Megan Duffy
Deputy Supervisor
Aquatics and
Environmental Protection
NEW SECTION
WAC 332-30-172 Geoduck diver safety program.
(1) General.
(a) Beginning January 1, 2015, divers shall annually demonstrate compliance with the geoduck diver safety program established in this section prior to being identified on a department geoduck harvest agreement plan of operations.
(b) Applicants may submit applicable documents and certifications beginning October 1st of each year to verify compliance for the subsequent calendar year. The department will not consider incomplete and/or illegible materials. The department shall review materials in the order they are received and notify divers of their compliance status within thirty-days of receipt of all required documentation.
(c) Applicants may submit applicable materials to the department by certified mail or electronically by e-mail or fax. The department will not accept materials submitted in person.
(d) The department will maintain an electronic database documenting annual compliance with the program. Compliance verification shall expire at the end of a calendar year.
(e) If a plan of operations spans portions of two calendar years, the department shall only verify diver compliance for the calendar year the diver is initially identified on the plan of operations.
(2) Training qualifications. Divers shall provide evidence of the following qualifications:
(a) Cardiopulmonary resuscitation (CPR) and first-aid certification;
(b) Emergency oxygen administration certification;
(c) Washington state boater education card; and
(d) Annual self-attestation confirming applicant possesses a combination of training and experience necessary to conduct harvest diving in a safe and healthful manner. The department shall develop and make available a template for applicant signature. Divers shall maintain, at a minimum, competency in the following subject areas:
(i) Diving physiology and physics;
(ii) Diving operations and emergency procedures;
(iii) Tools, equipment, and techniques relevant to geoduck harvesting;
(iv) U.S. Coast Guard vessel safety requirements; and
(v) Any additional subject matter areas as identified in "Qualifications of Dive Team" within federal Occupational Safety and Health Standards for Commercial Diving Operations (C.F.R. 1910.410(a)).
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