PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-17-166.
Title of Rule: Repeal of season restrictions for commercial intertidal shellfish harvest on Puget Sound registered aquatic farms.
Purpose: Removes unnecessary season restrictions from the commercial shellfish grower industry.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Provides a higher level of human health protection and greater flexibility in seasonal marketing for the industry.
Reasons Supporting Proposal: The Department of Health will carry out real time shellfish toxin monitoring so that seasons will only close as necessary.
Name of Agency Personnel Responsible for Drafting: Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2826; Implementation: Lew Atkins, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2325; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2373.
Name of Proponent: Washington Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Repeal of rule that specifies seasons for harvest by registered aquatic farms in Puget Sound waters west of Dungeness Spit. The purpose of the repeal is to increase the level of public safety on shellfish toxin presence through real time monitoring by the Department of Health. Current regulatory seasons do not necessarily correspond to periods of elevated shellfish toxin levels and may lead growers and the public into a false sense of safety. This repeal will also provide greater flexibility to growers to market products that are now closed for harvest during certain periods of the year.
Proposal Changes the Following Existing Rules: Modifies WAC 220-52-020 to remove unnecessary season restrictions.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None required.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No costs anticipated.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No, may actually gain.
5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:
a. Cost per employee;
b. Cost per hour of labor; or
c. Cost per one hundred dollars of sales.
No costs will be incurred.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No costs anticipated so no steps taken.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: A letter was sent to the geographically effected businesses inviting discussion/questions and a public hearing will be held under the auspices of the Fish and Wildlife Commission.
8. A List of Industries That Will Be Required to Comply with the Rule: Registered aquaculture farms.
A copy of the statement may be obtained by writing to Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2942.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulic rules.
Hearing Location: Best Western Hotel, 15901 West Valley Road, Tukwila, WA, on December 8-9, 2000, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by November 24, 2000, TDD (360) 902-2207, or (360) 902-2861.
Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2944, by December 7, 2000.
Date of Intended Adoption: December 8, 2000.
October 31, 2000
Evan Jacoby
Rules Coordinator
OTS-4500.1
AMENDATORY SECTION(Amending Order 94-23, filed 5/19/94,
effective 6/19/94)
WAC 220-52-020
Clams -- ((Puget Sound -- Seasons and areas))
Commercial harvest.
(((1) It shall be unlawful to take, dig for
or possess clams, cockles, borers, and mussels, not including
geoduck clams, taken for commercial purposes from the tidelands
of registered aquaculture farms in Puget Sound except during the
following seasons:
(a) Those tidelands lying west of the tip of Dungeness Spit from November 1 through March 31.
(b) Elsewhere on Puget Sound the entire year.
(c) Licensing: No fishery license is required to retain clams taken from registered aquaculture farms but registration is required prior to commercial harvest.
(2))) It shall be unlawful to take, dig for or possess clams
except razor clams, cockles, borers ((and)) or mussels ((except
razor clams)) taken for commercial purposes from the tidelands of
the state of Washington except from registered aquaculture farms
((or by permit issued by the director)).
[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-52-020, filed 5/19/94, effective 6/19/94; 91-10-024 (Order 91-22), § 220-52-020, filed 4/23/91, effective 5/24/91; 84-08-014 (Order 84-24), § 220-52-020, filed 3/27/84; Order 807, § 220-52-020, filed 1/2/69, effective 2/1/69; subsections 1 and 2 from Order 679, filed 4/20/66; subsections 1, 1a, 2 from Orders 351 and 256, filed 3/1/60; subsection 1b from Order 605, filed 4/21/64; Orders 443 and 256, filed 3/1/60.]