WSR 06-16-126

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed August 1, 2006, 3:17 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-12-035.

Title of Rule and Other Identifying Information: WAC 220-20-025 General provisions--Shellfish and 220-56-129 Unclassified freshwater invertebrates and fish.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA, on October 6-7, 2006, begins 8:00 a.m., October 6, 2006.

Date of Intended Adoption: November 3-4, 2006.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail barkemwb@dfw.wa.gov, fax (360) 902-2944, by October 4, 2006.

Assistance for Persons with Disabilities: Contact Nancy Burkhart by September 22, 2006, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Allows the possession of certain amounts of relic bivalve shells without the current requirement of a recreational license. This would have no effect on living resources.

Reasons Supporting Proposal: Children and adults commonly pick up shells while walking the shore and this would provide a technical fix that eliminates the requirement for a recreational license for this nonharvest activity.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Morris W. Barker, 1111 Washington Street S.E., Olympia, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street S.E., Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No businesses are affected by this proposal.

A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulics.

August 1, 2006

Morris W. Barker

Rules Coordinator

OTS-8931.3


AMENDATORY SECTION(Amending Order 02-278, filed 11/6/02, effective 12/7/02)

WAC 220-20-025   General provisions -- Shellfish.   (1) It is unlawful to drive or operate any motor-propelled vehicle, land any airplane or ride or lead any horse on the razor clam beds of the state of Washington, as defined in WAC 220-16-257. A violation of this subsection shall be punished as an infraction.

(2) It is unlawful to possess soft-shelled crab for any commercial purpose.

(3) It is unlawful to possess in the field any crab from which the back shell has been removed.

(4) It is unlawful to willfully damage crab or other shellfish. Any crab taken incidentally to a net fishery must be immediately returned to the water with the least possible damage to the crab.

(5) "Shellfish" includes all bodily parts but does not include five pounds or less of relic shells of classified shellfish or relic shells of unclassified freshwater and marine invertebrates. A relic (dead) shell is defined as one which apparently died of natural causes and contains no meat or soft parts; it readily exhibits noticeable sediment, vegetation, algal or mineral stains, discolorations, soiling, weathering or other visual evidence on its interior surface which clearly and unambiguously shows the shell has not been cooked-out or freshly cleaned. No license or permit is required to take or possess up to five pounds of relic shells per day. It is unlawful to take or possess more than five pounds of relic shells without first obtaining a scientific collection permit. Notwithstanding the provisions of this section, it is unlawful to remove relic oyster shells from tidelands.

[Statutory Authority: RCW 77.12.047. 02-23-002 (Order 02-278), 220-20-025, filed 11/6/02, effective 12/7/02; 02-08-048 (Order 02-53), 220-20-025, filed 3/29/02, effective 5/1/02; 00-17-106 (Order 00-149), 220-20-025, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 00-01-095 (Order 99-213), 220-20-025, filed 12/15/99, effective 1/15/00; 98-15-031 (Order 98-120), 220-20-025, filed 7/7/98, effective 8/7/98; 95-23-020 (Order 95-166), 220-20-025, filed 11/8/95, effective 12/9/95; 94-12-009 (Order 94-23), 220-20-025, filed 5/19/94, effective 6/19/94; 90-06-045 (Order 90-15), 220-20-025, filed 3/1/90, effective 4/1/90; 80-13-064 (Order 80-123), 220-20-025, filed 9/17/80; Order 1179, 220-20-025, filed 11/19/74; Order 990, 220-20-025, filed 5/11/72; Order 810, 220-20-025, filed 4/17/69.]

OTS-9074.1


AMENDATORY SECTION(Amending Order 05-15, filed 2/10/05, effective 5/1/05)

WAC 220-56-129   Unclassified freshwater invertebrates and fish.   (1) Definitions. For purposes of this section, "freshwater clams and mussels" means all freshwater bivalves existing in Washington in a wild state, except prohibited aquatic animal species classified under WAC 232-12-090.

(2) It is unlawful for any person to take or possess freshwater clams and mussels taken for personal use. Freshwater clams and mussels include all bodily parts but does not include five pounds or less of relic shells of freshwater clams and mussels. A relic (dead) shell is defined as one which apparently died of natural causes and contains no meat or soft parts: It readily exhibits noticeable sediment, vegetation, algal or mineral stains, discolorations, soiling, weathering or other visual evidence on its interior surface which clearly and unambiguously shows the shell has not been cooked-out or freshly cleaned. No license or permit is required to take or possess up to five pounds of relic shells per day. It is unlawful to take or possess more than five pounds of relic shells without first obtaining a scientific collection permit.

(3) It is unlawful for any person to take, fish for or possess Pacific lamprey, western brook lamprey, or river lamprey taken for personal use.

(4) Violation of this rule is punishable under RCW 77.15.140.

[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), 220-56-129, filed 2/10/05, effective 5/1/05; 03-05-057 (Order 03-24), 220-56-129, filed 2/14/03, effective 5/1/03.]

Washington State Code Reviser's Office