PDFWAC 246-282-020
Growing areas.
(1) A person harvesting a commercial quantity of shellfish or any quantity of shellfish for sale, for human consumption or bait shall harvest only from a harvest site that meets one or more of the following conditions:
(a) The department has classified the shellfish growing area as approved or conditionally approved, according to provisions of the NSSP Model Ordinance and the harvest site is in open status when harvested;
(b) The department has approved the harvest site according to provisions of a permit for relay, wild seed, or bait;
(c) The harvest site is used for shellfish activities limited to a hatchery or a nursery operation handling only seed obtained from a hatchery; or
(d) The harvest site is used for shellfish activities limited to the initial harvest of seed attached to containerized empty shellfish shells or other cultch material.
(2) The department classifies a shellfish growing area as restricted or prohibited according to provisions of the NSSP Model Ordinance. A restricted classification will be considered when the department receives a complete application for a permit for relay or wild seed harvest for the site and there is no impact from a wastewater treatment plant or wastewater collection system, marina, combined sewage overflow, or other pathogens of human origin.
(3) While a harvest site is in closed status, a person may not move shellfish to a location outside of the harvest site or above the mean low tide line of the harvest site, unless the department has approved:
(a) Harvesting shellfish by that person from the site according to provisions of a permit for relay, wild seed harvest, or bait harvest; or
(b) Moving shellfish by that person from the site to another site in a natural body of water within the same conditionally approved growing area under a written plan of operations.
(4) Harvesting is prohibited in all unclassified areas except for bait harvest according to WAC 246-282-036 and aquaculture according to WAC 246-282-016.
[Statutory Authority: RCW 69.30.030 and 43.20.050. WSR 26-01-084, s 246-282-020, filed 12/15/25, effective 1/15/26. Statutory Authority: RCW 69.30.030 and 43.20.030. WSR 01-04-054, § 246-282-020, filed 2/5/01, effective 3/8/01. Statutory Authority: RCW 43.20.050. WSR 91-02-051 (Order 124B), recodified as § 246-282-020, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 69.30.030 and 43.20.050. WSR 85-21-048 (Order 296), § 248-58-010, filed 10/14/85. Statutory Authority: RCW 69.30.030. WSR 78-08-059 (Order 163), § 248-58-010, filed 7/24/78; Regulation 58.010, effective 3/11/60.]