The following activities of the department of fisheries are exempted:
(1) The establishment of seasons, catch limits or geographical areas for fishing or shellfish removal.
(2) All hydraulic project approvals (RCW 75.20.100
) for activities incidental to a Class I, II, III forest practice as defined in RCW 76.09.050
or regulations thereunder.
(3) Hydraulic project approvals where there is no other agency with jurisdiction (besides the department of game) requiring a nonexempt permit, except for proposals involving removal of fifty or more cubic yards of streambed materials or involving realignment into a new channel. For purposes of this paragraph, the term new channel shall not include existing channels which have been naturally abandoned within the twelve months previous to the hydraulic permit application.
(4) All clam farm licenses and oyster farm licenses, except where cultural practices include structures occupying the water column or where a hatchery or other physical facility is proposed for construction on adjoining uplands.
(5) All other licenses (other than those excepted in (2) and (3) above) authorized to be issued by the department as of December 12, 1975 except the following:
(a) Fish farming license, or other licenses allowing the cultivation of aquatic animals for commercial purposes;
(b) Licenses for the mechanical and/or hydraulic removal of clams, including geoducks; and,
(c) Any license authorizing the discharge of explosives in water. WAC 197-11-800
(13)(i) shall apply to allow possible exemption of renewals of the above licenses.
(6) The routine release of hatchery fish or the reintroduction of endemic or native species into their historical habitat where only minor documented effects on other species will occur.
[Statutory Authority: RCW 43.21A.090
, chapter 43.21C
RCW, RCW 43.21C.035
, 43.21C.037, 43.21C.038, 43.21C.0381, 43.21C.0382, 43.21C.0383, 43.21C.110, 43.21C.222. WSR 03-16-067 (Order 02-12), § 197-11-835, filed 8/1/03, effective 9/1/03. Statutory Authority: RCW 43.21C.110
. WSR 84-05-020 (Order DE 83-39), § 197-11-835, filed 2/10/84, effective 4/4/84.]