WSR 03-10-041

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-86 -- Filed April 30, 2003, 4:28 p.m. ]

Date of Adoption: April 11, 2003.

Purpose: Amend shellfish disease rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-72-002, 220-72-011, 220-72-015, 220-72-070, 220-72-073, 220-72-076, 220-72-086, 220-72-087, 220-72-089, 220-72-090, and 220-72-092.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 03-06-109 on March 5, 2003.

Changes Other than Editing from Proposed to Adopted Version: At the beginning of WAC 220-72-086, add, "The European green crab restricted shellfish areas are as follows:".

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 6, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

April 28, 2003

Susan Yeager

for Will Roehl, Chair

Fish and Wildlife Commission

OTS-6259.2


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.]


AMENDATORY SECTION(Amending Order 97-56, filed 4/2/97, effective 5/3/97)

WAC 220-72-011   Oyster drill 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 oyster drill restricted shellfish areas:

(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 ((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)):

Point No. 1 at 4846'32" N. Lat.

12240'00" W. Long. thence to
Point No. 2 at 4845'55" N. Lat.

12240'00" W. Long. thence to
Point No. 3 at 4845'55" N. Lat.

12239'12" W. Long.
Then northerly along the beach to the point of origin.

(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 4820' 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 4720'44" 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 4848'10" N. Lat., 12251'30" 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 4723'02.7" N. Lat.

12306'42.8" 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")) 4721'00" 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 and Jorsted Creek -- inside and westerly of lines ((drawn)) projected 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")) 4731'00" N. Lat.

12301'54" W. Long.
(((f))) (e) Dosewallips Delta -- inside and westerly of lines ((drawn)) projected 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.

12252'39" W. Long.
(((g))) (f) Point Whitney -- inside and westerly of lines ((drawn)) projected 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.
(g) Duckabush River Mouth -- inside and westerly of a line projected from:

Point No. 1 at 4738'46" N. Lat.

12254'08" W. Long. thence to
Point No. 2 at 4737'55" N. Lat.

12256'25" 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.

[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), 220-72-011, filed 4/2/97, effective 5/3/97.]


AMENDATORY SECTION(Amending Order 97-56, filed 4/2/97, effective 5/3/97)

WAC 220-72-015   Oyster drill restricted shellfish areas -- Willapa.   All waters, tidelands, shellfish handling facilities and equipment (including aquaculture vehicles and vessels) operated in conjunction with said 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.

[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), 220-72-015, filed 4/2/97, effective 5/3/97.]


AMENDATORY SECTION(Amending Order 97-56, filed 4/2/97, effective 5/3/97)

WAC 220-72-070   Oyster drill unrestricted shellfish areas.   All waters, tidelands and shellfish handling facilities operated in conjunction with said waters and tidelands of Puget Sound, Grays Harbor and Willapa Bay lying outside the oyster drill restricted shellfish areas ((as defined in chapter 220-72 WAC)) are hereby designated as oyster drill unrestricted shellfish areas.

[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.]


AMENDATORY SECTION(Amending Order 97-56, filed 4/2/97, effective 5/3/97)

WAC 220-72-073   Unlawful acts -- Shellfish transfer.   It shall be unlawful to move or transfer any shellfish, shellfish aquaculture products (including oyster seed, cultch, and shell), aquaculture equipment, (including aquaculture vehicles and vessels) or any marine organisms adversely affecting shellfish between any unrestricted shellfish areas, between restricted shellfish areas, 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 "Guidelines and requirements for the import and transfer of shellfish including oysters, clams, and other aquatic invertebrates in Washington state."

[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.]


AMENDATORY SECTION(Amending Order 99-60, filed 5/3/99, effective 6/3/99)

WAC 220-72-076   Unlawful acts -- Permit required.   (1) It shall be unlawful to transfer shellfish, shellfish aquaculture products (including oyster seed, cultch and shell), aquaculture equipment (including aquaculture vehicles and vessels) or any marine organisms adversely affecting shellfish from a oyster drill restricted area into an oyster drill unrestricted area without obtaining written permission from the director of fish and wildlife or the director's authorized agent. 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), aquaculture equipment (including aquaculture vehicles and vessels) oyster drills, or drill-infested or marine organisms harmful to 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.

(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.]


NEW SECTION
WAC 220-72-086   European green crab (Carcinus maenas) restricted shellfish area.   The European green crab restricted shellfish areas are as follows:

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.

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NEW SECTION
WAC 220-72-087   European green crab unrestricted area.   All waters, tidelands and shellfish handling facilities operated in conjunction with said waters and tidelands of Washington lying outside the European green crab restricted shellfish areas as defined in chapter 220-72 WAC are hereby designated as European green crab unrestricted shellfish areas.

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NEW SECTION
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) 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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NEW SECTION
WAC 220-72-090   Denman Island Disease surveillance area.   All waters, tidelands, shellfish handling facilities and equipment (including aquaculture vehicles and vessels) operated in conjunction with said waters and tidelands easterly of a line projected true north of Cape Flattery to the international boundary line, northerly of a line between the north most tip of Tala Point and the west most tip of Foulweather Bluff, and northerly of a line between the east most point of Apple Cove Point and the west most point of Edwards Point.

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NEW SECTION
WAC 220-72-092   Denman Island Disease unrestricted area.   All waters, tidelands, shellfish handling facilities and equipment (including aquaculture vehicles and vessels) operated in conjunction with said waters and tidelands lying outside of a Denman Island Disease prohibited or surveillance area.

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