WSR 97-01-113
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
(Fisheries)
[Filed December 19, 1996, 10:22 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-18-081.
Title of Rule: Shellfish transfer.
Purpose: Clarify shellfish transfer rules.
Statutory Authority for Adoption: RCW 75.08.080.
Statute Being Implemented: RCW 75.08.080.
Summary: Clarifies internal shellfish transfer. Reduce requirements for imported shellfish. Clarify that aquaculture disease control includes shellfish other than oysters.
Reasons Supporting Proposal: Aquaculture protection.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Bruce Crawford, 1111 Washington Street, Olympia, 902-2325; and Enforcement: Ron Swatfigure, 1111 Washington Street, Olympia, 902-2927.
Name of Proponent: Washington State Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Reformats restricted shellfish areas in Puget Sound and Willapa Bay. No anticipated effect from the reformat. Provides for a pamphlet serving as a transfer permit for shellfish transfer except from restricted to unrestricted areas. Will eliminate a permit requirement. Continues requirement for a permit for transfer between restricted to unrestricted areas.
Proposal Changes the Following Existing Rules: Primarily clarification. Eliminates permit requirement and restrictions on imports.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal creates no new economic burden for small businesses. On the contrary, it eliminates a regulatory burden, clarifies existing restricted shellfish areas, and repeals sections dealing with inspection, certification, importation period, and shipping seasons for imports.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Point Hudson Resort and Marina, Point Hudson Harbor, Port Townsend, Washington, on January 31, 1997, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Robin Ayers by January 16, 1997, TDD (360) 902-2295, or (360) 902-2933.
Submit Written Comments to: Evan Jacoby, Washington Department of Fish and Wildlife, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501, FAX (360) 902-2942, by January 30, 1997.
Date of Intended Adoption: January 31, 1997.
December 19, 1997 [1996]
Evan Jacoby
Rules Coordinator
AMENDATORY SECTION (Amending Order 847, filed 9/24/69)
WAC 220-72-002 Promulgation. In order to suppress and prevent the
spread of infectious, contagious, communicable diseases and pests
affecting ((oysters)) shellfish, the following regulations are adopted
[WAC ((220-72-013)) 220-72-011 through ((220-72-094)) 220-72-085].
[Order 847, 220-72-002, filed 9/24/69.]
Reviser's note: The brackets and enclosed material in the text of
the above section occurred in the copy filed by the agency and appear in
the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 220-72-011 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 restricted shellfish areas:
(1) Dungeness Bay--inside and westerly of a line projected from the most southerly tip of Dungeness Spit southerly to the mainland.
(2) Drayton Harbor -- inside and southerly of a line projected from the end of Semiahmoo Spit to where the International Boundary line intersects the mainland.
(3) Lummi Bay--inside the Lummi Dike and easterly and inside of a line projected from 4846'32" N. Lat., 12240'00" W. Long. due south to a point 4845'55" N. Lat., 12240'00" W. Long and then due east to the mainland.
(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 and projected in a southerly direction to William Point on Samish Island.
(5) Padilla Bay--southerly of a line starting at William Point on Samish Island and projected southerly to March Point on Fidalgo Island.
(6) Similk and Skagit Bays--northerly of a line projected across Skagit Bay and following latitude 48 degrees 20 minutes north.
(7) Liberty Bay--inside, westerly and northerly of a line projected true south from Tower Point.
(8) Dyes Inlet -- inside and northerly of a line projected true east from the most northern 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.
(11) Hammersley Inlet--Oakland Bay -- inside, westerly and northerly of a line starting at Munson Point and projected in a southerly direction to Eagle Point.
(12) Totten Inlet--Oyster Bay -- 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 tip of the Steamboat Island bridge.
(13) Eld Inlet--
(a) Mud Bay--inside, southerly and westerly of a line starting at 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--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--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 4848'10" N. Lat., 12251'30" W. Long and then projected southeasterly to the most southerly tip of Bolton Peninsula.
(b) Tarboo Bay -- northerly and easterly of a line starting at the most northern tip of Long Spit and then projected true west to the mainland.
(c) Rendsland Creek -- easterly and inside of a lines drawn from:
Point No. 1 at 4723'02.7" N. Lat.
12306'42.8" W. Long. thence to
Point No. 2 at 4723'02.7" N. Lat.
12306'55" W. Long. thence to
Point No. 3 at 4723'16.6" N. Lat.
12306'55" W. Long., then projected true east to the mainland.
(d) Lynch Cove--easterly of a line starting at Cady Creek on the north shore and projected in a southwesterly direction to a point at 4723'02.4" N. Lat., 12256'12.4" W. Long.
(e) Hamma Hamma Flats--inside and westerly of lines drawn from:
Point No. 1 at 4733'15" N. Lat.
12301'42" W. Long. thence to
Point No. 2 at 4732'54" N. Lat.
12301'06" W. Long. thence to
Point No. 3 at 4732'54" N. Lat.
12301'48" W. Long. thence to
Point No. 4 at 4732'21" N. Lat.
12301'54" W. Long.
(f) Dosewallips Delta -- inside and westerly of lines drawn from:
Point No. 1 at 4741'03" N. Lat.
12253'45" W. Long. thence to
Point No. 2 at 4741'03" N. Lat.
12252'24" W. Long. thence to
Point No. 3 at 4742'20.6" N. Lat.
12252'24" W. Long. thence to
Point No. 4 at 4742'20.6" N. Lat.
12253'39" W. Long.
(g) Point Whitney -- inside and westerly of a lines drawn from:
Point No. 1 at 4745'43.7" N. Lat.
12251'02" W. Long. thence to
Point No. 2 at 4545'56" N. Lat.
12251'02" W. Long. thence to
Point No. 3 at 4545'56" N. Lat.
12251'12" W. Long. thence to
Point No. 4 at 4745'45" N. Lat.
12251'12" 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.
[]
Reviser's note: The typographical errors in the above section
occurred in the copy filed by the agency and appear in the Register
pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 220-72-015 Restricted shellfish areas--Willapa Bay All waters, tidelands, shellfish handling facilities and equipment (including aquaculture vehicles and vessels) operated in conjunction with said waters and tidelands of Willapa Bay within the following areas are designated as restricted shellfish areas:
(1) Middle Sands--inside of lines drawn from:
Point No. 1 at 4630'00" N. Lat.
12401'20" W. Long. thence to
Point No. 2 at 4630'00" N. Lat.
12400'50" W. Long. thence to
Point No. 3 at 4627'50" N. Lat.
12400'50" W. Long. thence to
Point No. 4 at 4628'20" N. Lat.
12401'15" W. Long. and thence to point of beginning.
(2) Nemah -- inside of lines drawn from:
Point No. 1 at 4633'00" N. Lat.
12356'47" W. Long. thence to
Point No. 2 at 4632'23" N. Lat.
12355'44" W. Long. thence to
Point No. 3 at 4630'55" N. Lat.
12356'00" W. Long. thence to
Point No. 4 at 4630'43" N. Lat.
12356'36" W. Long. thence to
Point No. 5 at 4630'50" N. Lat.
12357'20" W. Long. thence to
Point No. 6 at 4631'34" N. Lat.
12357'41" W. Long. thence to
Point No. 7 at 4632'37" N. Lat.
12357'25" W. Long. and thence to point of beginning.
(3) Bay Center--inside of lines drawn from:
Point No. 1 at 4638'48" N. Lat.
12357'30" W. Long. thence to
Point No. 2 at 4638'40" N. Lat.
12357'25" W. Long. thence to
Point No. 3 at 4638'30" N. Lat.
12358'10" W. Long. thence to
Point No. 4 at 4638'45" N. Lat.
12358'15" W. Long. and thence to point of beginning.
(4) Cedar River inside of lines drawn from:
Point No. 1 at 4642'23" N. Lat.
12357'53" W. Long. thence to
Point No. 2 at 4642'55" N. Lat.
12359'25" W. Long. thence to
Point No. 3 at 4643'25" N. Lat.
12359'25" W. Long. thence to
Point No. 4 at 4644'10" N. Lat.
12358'35" W. Long. thence to
Point No. 5 at 4644'12" N. Lat.
12358'10" W. Long. thence to
Point No. 6 at 4644'00" N. Lat.
12357'55" W. Long. thence to
Point No. 7 at 4643'27" N. Lat.
12357'52" W. Long. thence to
Point No. 8 at 4642'55" N. Lat.
12357'35" W. Long. and thence to point of beginning.
[]
AMENDATORY SECTION (Amending Order 847, filed 9/24/69)
WAC 220-72-070 Unrestricted shellfish areas. All waters, tidelands
and ((oyster)) shellfish handling facilities operated in conjunction with
said waters and tidelands of Puget Sound, Grays Harbor and Willapa Bay
lying outside the restricted shellfish areas as defined in chapter 220-72
WAC are hereby designated as unrestricted shellfish areas.
[Order 847, 220-72-070, filed 9/24/69.]
AMENDATORY SECTION (Amending Order 847, filed 9/24/69)
WAC 220-72-073 Unlawful acts--((Oyster)) Shellfish transfer. It
shall be unlawful ((without first obtaining written permission from the
director of fisheries or his authorized agent)) to move or transfer any
((oysters, oyster seed, oyster cultch, oyster shell,)) shellfish,
shellfish aquaculture products (including oyster seed, cultch, and
shell), ((oystering)) aquaculture equipment (including aquaculture
vehicles and vessels), ((boats, scows, other material)) or any marine
organisms adversely affecting ((oysters)) shellfish between unrestricted
shellfish areas, between restricted shellfish areas, ((from a restricted
shellfish area into an unrestricted area)) and from an unrestricted
shellfish area into a restricted shellfish area without first obtaining
and having in possession for each shellfish transfer a current copy of
the Washington Department of Fish and Wildlife pamphlet "Import and
transfer of oysters, clams, and other shellfish (including aquatic
invertebrates) in Washington state." ((The director of fisheries or his
authorized agent may require such written permit be obtained by any
person, firm or corporation to move or transfer oysters, oyster seed,
oyster cultch, oyster shell, oystering equipment, boats, scows, other
material or any marine organisms adversely affecting oysters within an
unrestricted shellfish area or within a restricted shellfish area.))
[Order 847, 220-72-073, filed 9/24/69.]
Reviser's note: RCW 34.05.395 requires the use of underlining and
deletion marks to indicate amendments to existing rules. The rule
published above varies from its predecessor in certain respects not
indicated by the use of these markings.
AMENDATORY SECTION (Amending Order 847, filed 9/24/69)
WAC 220-72-076 Unlawful acts--Permit ((display)) required. It
shall be unlawful to ((execute any)) transfer ((of)) shellfish, shellfish
aquaculture products (including oyster seed, cultch, and shell),
aquaculture equipment (including aquaculture vehicles and vessels) from
a restricted area into an unrestricteed area without obtaining written
permission from the Director of Fish and Wildlife or the Directors
authorized agent. Such written ((under a permit required by this Order
unless such)) permit ((is)) must be affixed to or otherwise
((accompanies)) accompany the conveyance affecting the physical transfer
of such shellfish, shellfish aquaculture products (including oyster seed,
cultch, and shell), aquaculture equipment (including aquaculture vehicles
and vessels) oyster drills, or drill-infested ((oysters, oyster shell))
or marine organisms harmful to ((oysters)) shellfish. Areas found to
have aquatic diseases or pests (including the oyster drill Ceratostoma
inornatum) will be immediately considered restricted by the Department
of Fish and Wildlife. The department will immediately notify property
owners of the restricted status.
[Order 847, 220-72-076, filed 9/24/69.]
Reviser's note: The spelling error in the above section occurred
in the copy filed by the agency and appears in the Register pursuant to
the requirements of RCW 34.08.040.
Reviser's note: The typographical errors in the above section
occurred in the copy filed by the agency and appear in the Register
pursuant to the requirements of RCW 34.08.040.
Reviser's note: RCW 34.05.395 requires the use of underlining and
deletion marks to indicate amendments to existing rules. The rule
published above varies from its predecessor in certain respects not
indicated by the use of these markings.
AMENDATORY SECTION (Amending Order 1045, filed 3/8/73)
WAC 220-72-085 Imports--Written permission. It shall be unlawful
to import into the state of Washington any ((oysters)) shellfish,
((oyster)) shellfish shell or ((oyster)) shellfish seed for the purpose
of ((planting)) placing into state waters without written permission from
the department of ((fisheries)) fish and wildlife. ((This permission
must be applied for at least 30 days prior to the start of any seed
oyster packing. The application shall state the maximum quantity to be
imported, the general area where they can be inspected, the name of the
exporter, and the approximate time the shipment will be made.))
[Order 1045, 220-72-085, filed 3/8/73; Order 847, 220-72-085, filed
9/24/69.]
Reviser's note: The typographical error in the above section
occurred in the copy filed by the agency and appears in the Register
pursuant to the requirements of RCW 34.08.040.
Reviser's note: RCW 34.05.395 requires the use of underlining and
deletion marks to indicate amendments to existing rules. The rule
published above varies from its predecessor in certain respects not
indicated by the use of these markings.
REPEALER
The following sections of the Washington Administrative Code are
repealed:
220-72-013 Restricted shellfish areas--Drayton Harbor.
220-72-016 Restricted shellfish areas--Samish Bay.
220-72-019 Restricted shellfish areas--Padilla Bay.
220-72-022 Restricted shellfish areas--Similk Bay.
220-72-025 Restricted shellfish areas--Liberty Bay.
220-72-028 Restricted shellfish areas--Dyes Inlet.
220-72-031 Restricted shellfish areas--Case Inlet--Rocky Bay and North Bay.
220-72-034 Restricted shellfish areas--Hammersley Inlet--Oakland Bay.
220-72-037 Restricted shellfish areas--Totten Inlet--Oyster Bay.
220-72-040 Restricted shellfish areas--Eld Inlet--Mud Bay.
220-72-043 Restricted shellfish areas--Nisqually Flats.
220-72-046 Restricted shellfish areas--Hood Canal--Quilcene Bay.
220-72-049 Restricted shellfish areas--Hood Canal--Lynch Cove.
220-72-052 Restricted shellfish areas--Hood Canal--Hamma Hamma Flats.
220-72-055 Restricted shellfish areas--Henderson Inlet--South Bay.
220-72-058 Restricted shellfish areas--Willapa Bay--Middle Sands.
220-72-061 Restricted shellfish areas--Willapa Bay--Nemah.
220-72-064 Restricted shellfish areas--Willapa Bay--Bay Center.
220-72-067 Restricted shellfish areas--Willapa Bay--Cedar River.))
220-72-070 Unrestricted shellfish areas.
220-72-082 Imports--Inspection.
220-72-088 Imports--Certification.
220-72-091 Imports--Importation period.
220-72-094 Imports--Shipping season.
Reviser's note: The typographical error in the above repealer occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.