EXPEDITED RULES
FISH AND WILDLIFE
Title of Rule and Other Identifying Information: WAC 220-16-230 Geographical definitions -- Outside Initiative 77
line, 220-16-235 Geographical definitions -- Inside Initiative
77 line, 220-16-275 Geographical definitions -- Village Point,
220-16-280 Geographical definitions -- Clam and oyster
districts, 220-56-129 Unclassified freshwater invertebrates
and fish, 220-76-130 Marine finfish aquaculture -- Aquaculture
facility inspection authority, 220-77-081 Aquaculture facility
inspection authority, 220-130-010 Purpose, 232-13-010
Introduction, and 232-13-020 Purpose.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Joanna Eide, Administrative Regulations Analyst, WDFW Enforcement, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Joanna.eide@dfw.wa.gov , AND RECEIVED BY April 23, 2012.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to repeal several WAC sections that are outdated, redundant, and/or no longer necessary; to make small technical changes to WAC titles to ensure clarity and uniformity; and to align a WAC with another rule.
Reasons Supporting Proposal: These changes will eliminate unneeded rules and contribute to efforts to streamline and clarify the department's administrative code. Keeping incorrect, outdated, or unnecessary rules in the code will only lend to confusion. The proposed technical changes to existing WACs will ensure the clarity of the rules.
Statutory Authority for Adoption: RCW 34.05.353 (1)(c) and (e), (2)(c) and (d), and 77.12.047 (1)(o).
Statute Being Implemented: RCW 34.05.353 (1)(c) and (e), (2)(c) and (d), and 77.12.047 (1)(o).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting: Joanna Eide, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2403; Implementation: Deputy Chief Mike Cenci, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2938; and Enforcement: Chief Bruce Bjork, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2373.
February 21, 2012
Joanna Eide
Administrative Regulations Analyst
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. |