Current through Register Vol. 24-24, December 15, 2024
(1) The
department will issue a relay permit to a person to move shellfish from a
harvest site in a growing area classified as "restricted" or "conditionally
approved" in closed status meeting the criteria for "restricted"
classification, if all of the following conditions are met.
(a) The person possesses a valid shellfish
operation license.
(b) The person
possesses a valid harvest site certificate listing both the initial harvest
site and the grow-out site.
(c) The
initial harvest site and grow-out site meet the requirements for relay
specified in this chapter and the NSSP Model Ordinance.
(d) The person submits a completed written
application and plan of operations approved by the department completely
describing the procedures and conditions of the relay operation.
(e) The person conducts and documents a
separate validation study approved by the department for each of the following
periods of time when shellfish will be relayed:
(i) May 1 through October 31; and
(ii) November 1 through April 30.
(f) The person pays the department
a relay permit application fee or renewal fee as required by this
chapter.
(2) Each
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 time
period consistently purge themselves of bacteria to approved levels. Each
validation study must meet all of the following conditions.
(a) It must 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 1300, with no sample having more than
2300.
(b) It must 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) It must be repeated a minimum of once
every twelve years for a continuing operation and whenever relay conditions
change.
(d) All samples must be
analyzed by an approved laboratory.
(3) A person operating under a relay permit
must follow all procedures in the plan of operations approved by the
department, including:
(a) Staking or marking
the grow-out site to be easily identified by the person until the minimum relay
period of time is passed;
(b)
Considering the beginning of the minimum relay time period for a lot to be the
moment that the last part of the lot is added to the grow-out site;
(c) Relaying shellfish to a designated
grow-out site for a minimum of seven days, or longer period of time as approved
by the department; and
(d) Keeping
records for each relayed lot of shellfish that show a lot identification
number; 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.
(4) For each lot of shellfish relayed to a
site for a grow-out period of less than fourteen days, a person must:
(a) Collect at least one sample from the
shellfish lot at the initial harvest site and have it analyzed by an approved
laboratory to demonstrate that the lot contains no more than 2300 fecal
coliform bacteria per 100 grams of shellfish tissue; and
(b) Collect at least one sample from the
shellfish 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 (2)(b) of this section, before releasing control of
the shellfish lot.
(5) A
person is exempt from any fees 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 twenty-four months.
(6) A person's relay permit expires on the
same date as the person's shellfish operation license.
(7) A person is exempt from the provisions of
subsection (1) (e) of this section for the purpose of relaying shellfish to an
approved grow-out site for a minimum of six months.
(8) A person possessing a valid shellfish
operation license may act as an agent for another person possessing a valid
shellfish relay permit for the purpose of harvesting shellfish from the initial
harvest site specified in the permit, provided that the agent conducting the
harvest is:
(a) Documented in the
permit;
(b) In possession of a copy
of the permit at the time of harvest; and
(c) Conducting activities described in the
written plan of operations approved by the department for the agent's shellfish
operation.
Statutory Authority: RCW 69.30.030. 11-17-104, §
246-282-032, filed 8/22/11, effective 9/22/11. Statutory Authority:
RCW
69.30.030 and
43.20.030. 01-04-054, §
246-282-032, filed 2/5/01, effective
3/8/01.
