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

     Purpose: Clarify definition of aquatic farm site location.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-76-015.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 06-06-089 on March 1, 2006.

     Changes Other than Editing from Proposed to Adopted Version: At the end of the second sentence, after "separate farm" add "site location."

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 7, 2006.

Nancy Burkhart

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-8026.3

AMENDATORY SECTION(Amending Order 86-102, filed 9/12/86)

WAC 220-76-015   Aquatic farm -- Definition.   An aquatic farm is any facility or tract of land used for private, commercial culture of aquatic products. Each geographically separate facility or tract of land used for commercial culture shall constitute a separate farm site location. ((In marine waters, facilities, or tracts of land in the same marine aquaculture district which are owned or operated by the same person shall be considered to be a single farm for the purposes of this section.)) In applying for aquatic farm registration for shellfish, the applicant must identify the farm site using the same description used for applying for the department of health harvest site certificate required to harvest shellfish for sale for human consumption.

[Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-76-015, filed 9/12/86; Order 980, § 220-76-015, filed 2/3/72.]

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