PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-02-035.
Title of Rule: Commercial shellfish harvest rules.
Purpose: Amend some existing restricted areas and adds new restricted areas for shellfish transfers within the state.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: More clearly defines some existing restricted areas for oyster drills and European green crabs, adds two new restricted areas for oyster drills, and adds new rules to control the spread of Denman Island Disease in oysters.
Reasons Supporting Proposal: Provides a regulatory structure that allows Washington's shellfish industry to export live shellfish out of state; also provides greater protection to Washington's shellfish and other natural resources.
Name of Agency Personnel Responsible for Drafting: Morris Barker, 1111 Washington Street, Olympia, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.
Name of Proponent: 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: The current descriptions of the restricted areas for oyster drills and European green crab does not clearly define the shoreward boundaries of the restricted areas. New language is being added to make the description of these areas more precise. Also, new oyster drill area from department surveys are being added as well as new prohibited and surveillance areas to control the effects and spread of the recently introduced Denman Island Disease in oysters. The effect of these rules is to help protect the state's shellfish and other marine resources.
Proposal Changes the Following Existing Rules: Redefines boundaries that restrict the transfer of shellfish within the state.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None required - optional choice.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: None required - optional choice.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? Yes, potentially.
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.
If Denman Island Disease is found in a seed producing area, transfers from that area would be prohibited, causing seed sales to cease. Transfers from the Denman Island Disease surveillance area may require a disease free certification from a department approved shellfish pathologist. These certifications can cost as much as $1400, however, most, if not all, shellfish growers who transfer shellfish on a regular basis within the state already obtain these certifications for export out of the state.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The department worked with an advisory group (academics, private researchers and shellfish industry representatives), shellfish pathologist, and the public (through a public workshop) on the subject to reach consensus on the proposed rules were not perceived to be onerous or costly by the user groups contacted.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department will hold a public hearing of the proposed rules at the WDFW commission meeting in April 2003, where small business and the public can provide their additional comments on the rules.
8. A List of Industries That Will Be Required to Comply with the Rule: None, as rule is optional.
A copy of the statement may be obtained by writing to Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155.
RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Moses Lake Convention Center, 1475 Nelson Road, Moses Lake, WA 98837, on April 11-12, 2003, begins at 8:00 a.m., April 11, 2003.
Assistance for Persons with Disabilities: Contact Susan Yeager by April 4, 2003, TDD (360) 902-2207 or (360) 902-2933.
Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by April 4, 2003.
Date of Intended Adoption: April 11, 2003.
March 5, 2003
Evan Jacoby
Rules Coordinator
OTS-6259.1
AMENDATORY SECTION(Amending Order 97-56, filed 4/2/97,
effective 5/3/97)
WAC 220-72-002
Promulgation.
In order to suppress and
prevent the spread of infectious, contagious, communicable
diseases and pests affecting shellfish, the following
regulations are adopted (WAC 220-72-011 through ((220-72-085))
220-72-091).
[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), § 220-72-002, filed 4/2/97, effective 5/3/97; Order 847, § 220-72-002, filed 9/24/69.]
(1) Dungeness Bay -- inside and bounded westerly of a line
projected from the most ((southerly)) easterly tip of
Dungeness Spit ((southerly)) true-south to the mainland.
(2) Drayton Harbor -- inside and southerly of a line
projected from the ((end)) north most tip of Semiahmoo Spit to
where the International Boundary line intersects the mainland.
(3) Lummi Bay -- inside the Lummi Dike and ((easterly and))
inside ((of)) and bounded by a line projected from ((48°46'32"
N. Lat., 122°40'00" W. Long. due south to a point 48°45'55" N.
Lat., 122°40'00" W. Long. and then due east to the mainland)):
Point No. 1 at 48°46'32" N. Lat.
| 122°40'00" W. Long. thence to |
| 122°40'00" W. Long. thence to |
| 122°39'12" W. Long. |
(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)) Governor's Point and projected in a southerly
direction to the most westerly tip of William Point on Samish
Island.
(5) Padilla Bay -- ((southerly)) 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 ((and)) following latitude 48°20' N. and
easterly of the Deception Pass bridge.
(7) Liberty Bay -- inside((,)) and westerly ((and
northerly)) 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 ((northern)) northerly 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.))
(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
((southerly)) 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 ((southern)) northerly tip of ((the
Steamboat Island bridge)) Sandy Point (i.e., the southern base
of the Steamboat Island Bridge).
(13) Eld Inlet --
(a) Mud Bay -- inside((, southerly)) and westerly of a line
((starting at)) 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 the DuPont Dock 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 ((southerly)) westerly tip
of ((Bolton Peninsula)) Fisherman's Point.
(b) Tarboo Bay -- inside, northerly and easterly of a line
starting at the most ((northern)) northerly tip of Long Spit
and then projected true west to the mainland.
(c) ((Rendsland Creek)) The Great Bend to Lynch
Cove -- inside and bounded easterly ((and inside of)) by lines
((drawn)) projected from:
Point No. 1 at 47°23'02.7" N. Lat.
| 123°06'42.8" Long. thence to |
| 123°06'55" W. Long. thence to |
| 123°06'55" W. Long., then projected true east to the mainland. |
(e))) Hamma Hamma Flats and Jorsted Creek -- inside and
westerly of lines ((drawn)) projected from:
Point No. 1 at 47°33'15" N. Lat.
| 123°01'42" W. Long. thence to |
| 123°01'06" W. Long. thence to |
| 123°01'48" W. Long. thence to |
| 123°01'54" W. Long. |
Point No. 1 at 47°41'03" N. Lat.
| 122°53'45" W. Long. thence to |
| 122°52'24" W. Long. thence to |
| 122°52'24" W. Long. thence to |
| 122°52'39" W. Long. |
Point No. 1 at 47°45'43.7" N. Lat.
| 122°51'02" W. Long. thence to |
| 122°51'02" W. Long. thence to |
| 122°51'12" W. Long. thence to |
| 122°51'12" W. Long. |
Point No. 1 at 47°38'46" N. Lat.
| 122°54'08" W. Long. thence to |
| 122°56'25" W. Long. |
[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), § 220-72-011, filed 4/2/97, effective 5/3/97.]
[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), § 220-72-015, filed 4/2/97, effective 5/3/97.]
[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), § 220-72-070, filed 4/2/97, effective 5/3/97; Order 847, § 220-72-070, filed 9/24/69.]
[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), § 220-72-073, filed 4/2/97, effective 5/3/97; Order 847, § 220-72-073, filed 9/24/69.]
(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 ((the waters and tidelands of Grays Harbor
inside and easterly of a line projected from the outermost end
of the north jetty to the outermost end of the south jetty and
from 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)) 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.
[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.]
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(1) Dungeness Bay -- inside and westerly of a line projected from the tip of Dungeness Spit due south to the mainland.
(2) Deer Harbor -- inside and northerly of a line projected between Pole Pass Point and Steep Point.
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