Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-340 - Commercial shellfish › CLAMS AND OYSTERS › Section 220-340-100 - Commercial clam fishery-Gear

Current through Register Vol. 24-14, July 15, 2024
It is unlawful to take, dig for, or possess clams,
					 geoducks, or mussels taken for commercial purposes from any of the tidelands in
					 the state of Washington except with a pick, mattock, fork or shovel operated by
					 hand, except:
(1) Permits for the use
				  of mechanical clam digging devices to take clams other than geoducks may be
				  obtained from the director of the department of fish and wildlife (DFW),
				  subject to the following conditions:
(a) All
				  mechanical devices used to take or harvest shellfish must be approved by the
				  director of DFW.
(b) A separate
				  permit is required for each device used to take or harvest shellfish, and the
				  permit must be attached to the specific unit the permit applies to at all
				  times.
(c) All clams taken for
				  commercial use must be of legal size and in season during the proposed
				  operations unless otherwise provided in specially authorized permits for the
				  transplanting of seed to growing areas or for research purposes.
(d) The holder of a permit to take shellfish
				  from tidelands by mechanical means must limit operations to privately owned or
				  leased land.
(e) Taking clams that
				  lie in or on the substrate under navigable water below the level of mean lower
				  low water by any mechanical device is prohibited except as authorized by the
				  director of DFW.
(i) Within the enclosed bays
				  and channels of Puget Sound, Strait of Juan de Fuca, Grays Harbor and Willapa
				  Harbor, the operators of all mechanical devices must confine their operations
				  to substrate-leased from the Washington department of natural resources,
				  subject to the approval of the director of DFW.
(ii) It is unlawful to harvest shellfish that
				  lie in or on the substrate of the Pacific Ocean westward from the western
				  shores of the state in waters less than two fathoms deep at mean lower low
				  water. The director of DFW may reserve all or portions of the substrate in
				  waters more than two fathoms deep and prevent the taking of shellfish in any
				  quantity from those reserves.
(f) Noncompliance with any part of this
				  section or with special requirements of individual permits results in immediate
				  cancellation and/or subsequent nonrenewal of all permits held by the
				  operator.
(g) Applications for
				  permits to use mechanical clam digging devices must be made on the forms
				  provided by DFW, and permits must be in the operator's possession before
				  digging commences.
(h) All permits
				  to take or harvest shellfish by mechanical means expire on December 31 of the
				  year of issue.
(i) All mechanical
				  clam harvesting machines must have approved instrumentation that provides deck
				  readout of water pressure.
(j) All
				  clam harvest machines operating on intertidal grounds where less than 10
				  percent of the substrate material is above 500 microns in size must be equipped
				  with a propeller guard suitable for reducing the average propeller wash
				  velocity at the end of the guard to approximately 25 percent of the average
				  propeller wash velocity at the propeller. The propeller guard must also be
				  positioned to provide an upward deflection to propeller wash.
(k) Clam harvest machines operating in fine
				  substrate material where less than 10 percent of the substrate material is
				  above 500 microns in size, must have a maximum harvest head width of three feet
				  (overall) and the maximum pump volume as specified by DFW, commensurate with
				  the basic hydraulic relationship of 828 gpm at 30 pounds per square inch,
				  pressure to be measured at the pump discharge.
(l) Clam harvest machines operating in
				  coarser substrate material where more than 10 percent of the substrate material
				  is above 500 microns in size, must have a maximum harvest head width of four
				  feet (overall) and a maximum pump volume as specified by DFW, commensurate with
				  a basic hydraulic relationship of 1,252 gpm at 45 pounds per square inch,
				  pressure to be measured at the pump discharge.
(m) All clam harvest machine operators must
				  submit accurate performance data showing revolutions per minute, gallons per
				  minute, and output pressure for the water pump on their machine. In addition,
				  they must furnish the number and sizes of the hydraulic jets on the machines.
				  If needed, the operator will thereafter modify the machine (install a sealed
				  pressure relief valve) as specified by DFW to conform with values set forth in
				  this section. Thereafter, it is illegal to make unauthorized changes to the
				  clam harvester water pump or the hydraulic jets. Exact description of the pump
				  volume, maximum pressure and number and size of the hydraulic jet for each
				  harvester machine must be included in the DFW's clam harvest permit.
(n) All clam harvest machines must be
				  equipped with a 3/4-inch pipe thread tap and valve that will allow rapid
				  coupling of a pressure gauge for periodic testing by enforcement
				  officers.
(o) Each mechanical clam
				  harvester must have controls arranged and situated near the operator to allow
				  the operator to immediately cut off the flow of water to the jet manifold
				  without affecting the capability of the vessel to maneuver.
(p) Licensing: A hardshell clam mechanical
				  harvester fishery license is required to operate the mechanical harvester gear
				  provided for in this section. For more information on or to apply for a
				  hardshell clam mechanical harvester fishery license, visit department offices,
				  call the WDFW license division at 360-902-2500, or visit the department website
				  at
www.wdfw.wa.gov
.