Section 220-88D-010. Emerging commercial fishery—Commercial wild clams, mussels, and oyster shellfish fishery on nonstate tidelands and bedlands.

The purpose of this chapter is to license and provide catch reporting requirements for the commercial harvest of wild clams, mussels, and oysters on nonstate lands in an emerging commercial fishery. For purposes of this chapter, "wild" or "wild stocks of" clams, mussels, and oysters means shellfish identified in WAC 220-88D-050. That rule distinguishes between the harvest of wild shellfish stocks subject to this chapter and private sector cultured aquatic products not subject to this chapter. These terms, and all provisions of this chapter pertaining to "wild" or "wild stocks of" clams, mussels, and oysters, or to "private sector cultured aquatic product," are for state resource management, catch reporting, and enforcement purposes only. They are neither intended to be, nor should be characterized as, any determination or evidence of whether "wild" or "wild stocks of" clams, mussels, and oysters (or any portion thereof) are naturally occurring, are subject to treaty sharing, or are part of natural or artificial shellfish beds as those concepts and terms are used and defined in United States v. Washington, 157 F.3d 630 (9th Cir. 1998), the Shellfish Implementation Plan of United States v. Washington, C70-9213, Subproceeding 89-3 (W.D. Wash, rev. April 8, 2002), and other applicable court orders relating to shellfish.

[Statutory Authority: RCW 77.12.047. WSR 06-04-015 (Order 06-08), § 220-88D-010, filed 1/22/06, effective 2/22/06.]

RCW 77.12.047. WSR 06-04-015 (Order 06-08), § 220-88D-010, filed 1/22/06, effective 2/22/06.

Rules

220-88D-050,