(1) The department shall issue a relay permit to move shellfish from a harvest site in a shellfish growing area classified as restricted or conditionally approved in closed status meeting the criteria for restricted classification if the requirements in this section and chapter 69.30 RCW are met.

(2) An applicant for a relay permit shall:

(a) Have a valid shellfish operation license;

(b) Have a valid harvest site certificate listing both the initial harvest site and the grow-out site;

(c) Submit a complete application on a form provided by the department and a written plan of operations that completely describes the procedures and conditions of the relay operation;

(d) Conduct and document a separate validation study approved by the department for each of the following periods of time when shellfish will be relayed:

(i) May 1st through October 31st; and

(ii) November 1st through April 30th; and

(e) Pay the applicable fee as required by WAC 246-282-990.

(3) The department shall issue a relay permit if all of the requirements in subsection (2) of this section are met and the initial harvest site and grow-out site meet the requirements for relay specified in this chapter and the NSSP Model Ordinance.

(4) A validation study for a relay permit must demonstrate that shellfish harvested from a specified initial site do not contain excessive levels of fecal coliform bacteria and when relayed to a specified grow-out site for a specified period consistently purge themselves of bacteria to approved levels. The validation study must:

(a) Document that the geometric mean fecal coliform bacteria level in a minimum of five 100-gram tissue samples, representative of shellfish of the same species in the entire initial harvest site, is equal to or less than 1,300, with no sample having more than 2,300;

(b) Document that specified relay procedures, times, and environmental conditions reduce fecal coliform bacteria in a minimum of five 100-gram tissue samples, representative of the entire lot of shellfish relayed, to levels that are equal to or less than:

(i) 330, with no more than two samples having greater than 230; or

(ii) Ten percent greater than the geometric mean of a minimum of five 100-gram tissue samples representative of the same shellfish species grown continuously for a minimum of six months at the grow-out site;

(c) Repeat a minimum of once every 12 years for a continuing operation and whenever relay conditions change; and

(d) Document that all samples are analyzed by an approved laboratory.

(5) The plan of operations required in subsection (2)(c) of this section must describe the following activities:

(a) How staking, marking, or documenting will be done to easily identify the grow-out site until the minimum relay period is passed; and

(b) How the person will relay the shellfish to a designated grow-out site for a minimum of seven days, or longer period as approved by the department.

(6) The beginning of the minimum relay period for a shellfish lot is the moment when the last part of the lot is added to the grow-out site.

(7) The operation shall keep documentation for each relayed lot, that shows:

(a) A lot identification number;

(b) The species, location, date, and quantity moved from the initial harvest site;

(c) The grow-out location; and

(d) The date of first harvest of any of those shellfish from the grow-out site.

(8) For shellfish relayed to a site for a grow-out period of less than 14 days, a person shall:

(a) Collect at least one sample from the lot at the initial harvest site and have it analyzed by an approved laboratory to demonstrate that the lot contains no more than 2,300 fecal coliform bacteria per 100 grams of shellfish tissue; and

(b) Collect at least one sample from the lot at the grow-out site at the end of the relay period and have it analyzed by an approved laboratory to demonstrate that the lot contains fecal coliform bacteria within the maximum limits determined by a validation study, as described in subsection (3)(b) of this section, before releasing control of the lot.

(9) A person is exempt from fees required by WAC 246-282-990 for an initial application and a validation study conducted by the department for a relay permit for the purpose of relaying shellfish from a growing area that the department downgraded from a classification of approved or conditionally approved to restricted within the previous 24 months.

(10) A relay permit issued under this section expires on the same date as the shellfish operation license.

(11) A person is exempt from the provisions of subsection (2)(d) of this section for the purpose of relaying shellfish to an approved grow-out site for a minimum of 60 days. Only microbiological contaminates need to be reduced.

(12) A person must have a valid shellfish operation license to act as an agent for another person with a valid shellfish relay permit for the purpose of harvesting shellfish from the initial harvest site specified in the relay permit, if the agent conducting the harvest is:

(a) Documented in the permit;

(b) In possession of a copy of the permit when harvesting; and

(c) Conducting activities described in the written plan of operations approved by the department for the agent's shellfish operation.