Effective Date of Rule: Thirty-one days after filing.

     Purpose: Amend Denman Island Disease prohibited areas.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-72-089.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 05-20-064 on October 3, 2005.

     Changes Other than Editing from Proposed to Adopted Version: Delete Oakland Bay prohibited area (Section 7).

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 2, 2005.

Susan Yeager

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-8418.2

AMENDATORY SECTION(Amending Order 04-318, filed 12/15/04, effective 1/15/05)

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) Strait of Juan de Fuca, Dungeness Bay -- inside and westerly of a line projected from the tip of Dungeness Spit due south to the mainland.

     (2) Orcas Island --

     (a) Deer Harbor -- inside and northerly of a line projected between Pole Pass Point and Steep Point.

     (b) West Sound -- inside and northerly of a line projected between Caldwell Point and the most southerly point of land west of the community of Orcas.

     (c) East Sound -- inside and northerly of a line projected between Diamond Point and the most southwesterly point on Orcas Island at Obstruction Pass.

     (3) Westcott Bay -- inside and westerly of a line projected between the most southerly point of White Point and the most northerly point of Delacombe Point.

     (4) Bellingham and Samish Bays -- southerly and inside of a line projected between Lummi Point and Gooseberry Point and easterly and inside of a line projected between Carter Point and William Point.

     (5) Minter Creek -- inside and westerly of a line projected from:

     The mainland at 122°41'00" W. Long. due south to

     47°21'00" N. Lat.,

122°41'00" W. Long.; thence to

     47°21'00" N. Lat. where it intersects the mainland.

     (6) McMicken Island -- inside and westerly of a line projected between the following two points on the east shore of Hartstene Island:

     47°14.084' N. Lat., 122°51.316' W. Long. and 47°16.224' N. Lat., 122°51.746' W. Long.

     (7) ((Oakland Bay -- inside and northerly of a line projected across Oakland Bay at 47°14'30" N. Lat. and inside and southerly of a line projected from:

     The mainland on the west side of Oakland Bay at 47°15'00" due east to

     47°15'00" N. Lat.,

123°04'00" W. Long.; thence to

     123°04'00" N. Lat. where it intersects the mainland.)) Carr Inlet -- northerly of a line projected from the northern tip of South Head on Key Peninsula to the most western point of Green Point.

     (8) Eld Inlet -- southerly of a line projected due north from the northern most point of Cooper Point to the mainland at Edgewater Beach.

     (9) Port Orchard -- southerly of a line projected from Battle Point projected due west to the mainland; westerly of a line projected from Point White due south to the mainland; and easterly of a line projected from the southern most point of Point Herron due south to the mainland.

     (10) Kilisut Harbor -- southerly of a line projected from the northeasterly most point on Indian Island north to the most northwesterly point of Marrowstone Island.

[Statutory Authority: RCW 77.12.047. 05-01-113 (Order 04-318), § 220-72-089, filed 12/15/04, effective 1/15/05; 03-10-041 (Order 03-86), § 220-72-089, filed 4/30/03, effective 5/31/03.]