WSR 12-11-089

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-61 -- Filed May 18, 2012, 10:46 a.m. , effective June 18, 2012 ]


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

Purpose: The purpose of this proposal is to amend several WAC sections to clarify rule titles and to align a WAC with previous commission action taken in February 2012. WAC 220-16-230, 220-16-235, 220-16-275, 220-16-280, 220-130-010, and 232-13-010 are repealed, as they are outdated and unnecessary.

Reasons Supporting Proposal: This rule change proposal was discussed during the fish and wildlife commission conference call on May 4, 2012. The commission adopted the proposed changes during the May 18, 2012, conference call. The changes are part of an agency WAC overhaul project that will increase clarity, accuracy, and efficiency of the Washington department of fish and wildlife administrative code.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-16-230, 220-16-235, 220-16-275, 220-16-280, 220-130-010 and 232-13-010; and amending WAC 220-56-129, 220-76-130, 220-77-081, and 232-13-020.

Statutory Authority for Adoption: RCW 34.05.353 (1)(c) and (e), (2)(c) and (d), and 77.12.047 (1)(o).

Adopted under notice filed as WSR 12-05-101 on February 21, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 6.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 18, 2012.

Miranda Wecker, Chair

Fish and Wildlife Commission

OTS-4626.1


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-16-230 Geographical definitions -- Outside Initiative 77 line.
WAC 220-16-235 Geographical definitions -- Inside Initiative 77 line.
WAC 220-16-275 Geographical definitions -- Village Point.
WAC 220-16-280 Geographical definitions -- Clam and oyster districts.

OTS-4629.1


AMENDATORY SECTION(Amending Order 10-64, filed 3/19/10, effective 5/1/10)

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 to retain any freshwater fish not classified as a food fish or game fish, with the exception of northern pike when taken in accordance with WAC 220-12-090.

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

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

[Statutory Authority: RCW 77.12.047. 10-07-105 (Order 10-64), 220-56-129, filed 3/19/10, effective 5/1/10; 06-23-114 (Order 06-289), 220-56-129, filed 11/17/06, effective 12/18/06; 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.]

OTS-4631.1


AMENDATORY SECTION(Amending Order 02-309, filed 12/24/02, effective 7/1/03)

WAC 220-76-130   ((Marine finfish aquaculture -- ))Aquaculture facility inspection authority -- Marine finfish aquaculture.   Authorized department employees shall, at reasonable times and in a reasonable manner, have access to marine aquatic farming locations to conduct inspections to determine conformity with the law and the rules of the department relating to preventing escaped finfish and/or the recapture of escaped finfish. The department shall conduct at least annual inspections of marine finfish aquaculture facilities of the state.

[Statutory Authority: RCW 77.12.047. 03-02-047 (Order 02-309), 220-76-130, filed 12/24/02, effective 7/1/03.]

OTS-4632.1


AMENDATORY SECTION(Amending Order 01-281, filed 12/21/01, effective 1/21/02)

WAC 220-77-081   Aquaculture facility inspection authority -- Generally.   Authorized department employees shall, at reasonable times and in a reasonable manner, have access to all finfish aquaculture facilities to conduct inspections for the prevention and suppression of aquaculture diseases, including, but not limited to, taking samples for detection of regulated finfish pathogens and other diseases. If the department is denied access, a court of competent jurisdiction may issue a search warrant authorizing access to the facility upon a showing that the facility is engaged in aquaculture production and that access has been denied.

[Statutory Authority: RCW 77.12.047. 02-02-013 (Order 01-281), 220-77-081, filed 12/21/01, effective 1/21/02.]

OTS-4627.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-130-010 Purpose.

OTS-4630.1


AMENDATORY SECTION(Amending Order 07-293, filed 12/17/07, effective 1/17/08)

WAC 232-13-020   Declaration of purpose -- Department lands.   The primary purpose of department lands is the preservation, protection, perpetuation and management of fish and wildlife and their habitats. Public use of department lands may include fishing, hunting, fish and wildlife appreciation, and other outdoor recreational opportunities when compatible with healthy and diverse fish and wildlife populations.

[Statutory Authority: RCW 77.12.210, 77.12.880. 08-01-078 (Order 07-293), 232-13-020, filed 12/17/07, effective 1/17/08.]

OTS-4628.1


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-13-010 Introduction.

Washington State Code Reviser's Office