WSR 03-13-032




[ Filed June 10, 2003, 4:02 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-09-036.

Title of Rule: Sale of shellfish, other than oysters, from state tidelands.

Purpose: To amend rule that prohibits commercial sale of shellfish, other than oysters, from state tidelands.

Statutory Authority for Adoption: RCW 77.60.030 and 77.60.050.

Statute Being Implemented: RCW 77.12.047 and 77.60.050.

Summary: Current law prohibits sale of shellfish, other than oysters, from state tidelands except from aquaculture farms. This is contrary to RCW language that encourages such sales by policy and authority.

Reasons Supporting Proposal: Shellfish surpluses exist on state tidelands over and above current needs for recreational fisheries and treaty sharing requirements. There is a demand from the shellfish grower industry to access and sell these shellfish as provided for in the RCW.

Name of Agency Personnel Responsible for Drafting: Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2826; Implementation: Lew Atkins, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2651; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2373.

Name of Proponent: Washington 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: Rule change would allow sales of shellfish, other than oysters, from state tidelands as provided for in RCW. The effect would be compliance with policy and intent of RCW language as well as economic enhancement to the shellfish grower industry and additional support to oyster reserve lands.

Proposal Changes the Following Existing Rules: Amends WAC 220-52-020 to allow sales of shellfish, other than oysters, from state tidelands.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: None required.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None required.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No costs anticipated.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No, revenue may actually be increased.

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.

No compliance costs are anticipated.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: There are no costs incurred by small businesses as a result of this rule.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The rule will be discussed under the auspices of the public rule-making process of the Fish and Wildlife Commission.

8. A List of Industries That Will Be Required to Comply with the Rule: None are required to comply - participants in shellfish sales are strictly voluntary.

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: Hampton Inn/Fox Hall, 3985 Bennett Drive, Bellingham, WA 98225, on August 1-2, 2003, at 8 a.m. on August 1, 2003.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 21, 2003, TDD (360) 902-2207 or (360) 902-2226.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by July 30, 2003.

Date of Intended Adoption: August 1, 2003.

June 10, 2003

Evan Jacoby

Rules Coordinator


AMENDATORY SECTION(Amending Order 00-264, filed 12/29/00, effective 1/29/01)

WAC 220-52-020   Clams -- Commercial harvest.   It shall be unlawful to take, dig for or possess clams except razor clams, cockles, borers or mussels taken for commercial purposes from the tidelands of the state of Washington except from registered aquaculture farms or from state-owned tidelands under contract with or permit from the department.

[Statutory Authority: RCW 77.12.047. 01-02-059 (Order 00-264), 220-52-020, filed 12/29/00, effective 1/29/01. Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-52-020, filed 5/19/94, effective 6/19/94; 91-10-024 (Order 91-22), 220-52-020, filed 4/23/91, effective 5/24/91; 84-08-014 (Order 84-24), 220-52-020, filed 3/27/84; Order 807, 220-52-020, filed 1/2/69, effective 2/1/69; subsections 1 and 2 from Order 679, filed 4/20/66; subsections 1, 1a, 2 from Orders 351 and 256, filed 3/1/60; subsection 1b from Order 605, filed 4/21/64; Orders 443 and 256, filed 3/1/60.]

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