(1) The department shall issue a wild seed permit to move shellfish from a harvest site in a growing area classified by the department as prohibited if the requirements in this section and chapter 69.30 RCW are met.

(2) To qualify for a wild seed permit:

(a) The applicant shall:

(i) Have a valid shellfish operation license; and

(ii) Have a harvest site certificate listing both the initial harvest site for the seed and the grow-out site;

(b) The original harvest site must have acceptable levels of poisonous chemicals, is not in an area known to be a hazardous chemical disposal site, and is not in a closure zone of a wastewater treatment plant or marina;

(c) The grow-out site must be in a natural body of water classified by the department as approved or conditionally approved.

(3) To apply for a wild seed permit the applicant shall:

(a) Submit to the department a complete application on a form provided by the department and a written plan of operations that completely describes the procedures of the wild seed operation, including the size distribution of the seed; and

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

(4) A person operating under a wild seed permit shall:

(a) Follow all procedures in the plan of operations approved by the department;

(b) Harvest seed from an area classified as prohibited only during daylight hours;

(c) Harvest seed from an area classified as prohibited only under direct monitoring by a person approved by the department;

(d) Leave seed in a grow-out site for a minimum of 120 days before final harvest;

(e) Limit harvest of live shellfish larger than seed size attached to, or commingled with, the seed to less than five percent of the total number of the shellfish harvested from the site;

(f) Place any live shellfish larger than seed size attached to, or commingled with, the seed in the grow-out site for a minimum of 120 days after initial harvest; and

(g) Keep records for each lot of seed harvested that show the species, location, date, and quantity moved from the initial harvest site; the grow-out location; and the date of first harvest of any of those shellfish from the grow-out site.

(5) A wild seed permit issued under this section expires on the same date as the shellfish operation license.

(6) A person is exempt from the requirements of this section for the activity of harvesting seed attached to containerized empty shellfish shells or other cultch material, provided that the person:

(a) Meets the conditions of subsection (2)(a) through (c) of this section;

(b) Leaves the seed in the grow-out site for a minimum of 120 days before final harvest; and

(c) Submits a written plan of operations to the department that completely describes the seed harvest and grow-out activities for the person's shellfish operation license.

(7) Wild seed harvested from a conditionally approved area in closed status or a restricted area must follow the relay standards listed in WAC 246-282-032.