Management plan for the Puget Sound commercial geoduck fishery

[From the U.S. Government Printing Office, www.gpo.gov]

Management Plan For
The Puget Sound Commercial
Geoduck Fishery

r
Property of CrC Library

State of Washington
John Spellman, Governor

Department of Fisheries Department of Natural Resources
Rolland A. Schmitten, Director Brian J. Boyle,
Commissioner of Public Lands

Ronald E. Westley, Assistant Director John De Meyer, Manacer
Shellfish Program AX-11ll Marine Land Division QJ-21
Olympia, WA 98504 Olympia, WA 98504

U. S. DEPARTMENT OF COMMERCE NOAA
COASTAL SERVICES CENTER
2234 SOUTH HOBSON AVENUE
CHARLESTON, SC 29405-2413

September, 1981

TABLE OF CONTENTS

page

TABLE OF CONTENTS .........................1
GLOSSARY ..............................
INTRODUCTION .............................
SECTION I - MANAGEMENT PROCEDURES AND POLICIES ..1........
A. Identification and Allocation of Geoduck Beds for
Eventual Harvest ..1..................
B. Selection of Specific Geoduck Beds for Harvest.......2
C. Environmental Assessment and Interagency Coordination ...3
D. Conditions During Harvest................. 5
E. Monitoring and Enforcement of the Fishery .........6
F. Post-harvest Evaluation of the Tracts ...........7
G. Research..........................7
SECTION II - DEPARTMENT OF FISHERIES................ 9
A. Introduction .......................9
B. Geoduck Biology......................12
C. Geoduck Fishery......................14
D. Jurisdiction........................17
E. Department of Fisheries Management.............20
SECTION III - DEPARTMENT OF NATURAL RESOURCES............23
A. DNR Management Objectives .................23
APPENDICES
A. DNR Marine Land Allocation for Commercial Geoduck Harvest A-l
B. Geoduck Bed Data......................B-l
C. Discussion of Maximum Sustainable Yield ..........C-1
D. Three-year Harvest Schedule ................0-1
E. Agencies to be Notified of Harvest Plans..........E-l
F. Environmental Checklist (example) .............F-l
G. DNR Harvest Agreement (sample)...............G-1
H. Future Research Plans ...................H-i
I. Pertinent WOF Laws and Regulations.............1-1
J. Pertinent DNR Laws and Regulations .............-1

GLOSSARY

Bed - A relatively contiguous dense assemblage of geoducks which may be few
to several hundred acres.
Bed, Commercial - A major bed which is suitable for harvest based upon
technical, economic, and environmental criteria.
Bed, Major - A geoduck bed of more than 5 acres with at least 0.04
geoducks/sq. ft.
DNR - Department of Natural Resources.
DOE - Department of Ecology
MHW - Mean high water, 4.2-14.0 feet above MLLW in Puget Sound
MLLW - Mean lower low water, 0 ft. tide level.
MSY - Maximum sustainable yield, the maximum annual harvest which can be
taken each year, year after year, without damaging the clam stocks.
Optimal Yield - The maximum sustainable yield adjusted for relevant environ-
mental, economic and social factors and which produces the
greatest net benefit to the citizens of the state.
RCW - Revised Code of Washington, state laws passed by the legislature.
Recruitment - The entry of new clams into the harvestable population. It
is those clams which are spawned, grow and survive to replace
clams lost to natural mortality and to fishing.
SEPA - State Environmental Policy Act of 1971 (RCW 43.21).
Shoreline Master Plan - Plan for county shoreline use as mandated by the
Shoreline Management Act and included in WAC 173-19.
SMA - Shoreline Management Act of 1971 (RCW 90.58).
Tract - A defined section of a commercial geoduck bed which is leased for
geoduck harvest.
WAC - Washington Administrative Code, departmental regulations
WDF - Washington Department of Fisheries.

INTRODUCTION
This is the combined commercial geoduck fishery management plan of the
Washington Departments of Fisheries (WOF) and Natural Resources (DNR). These
agencies have major responsibilities for management of commercial geoduck
harvest. Each Department has prepared a plan for its harvest management
program. Preparation of these plans was closely coordinated to avoid dupli-
cation of work and to insure consistency. It was logical, then, to combine
the two plans into one document so that the public could better understand
the state's programs.
This plan consists of three sections and an appendix. The first part states
the management procedures and policies which will be used to guide tract
selection, interagency coordination, tract auctions, harvest monitoring and
enforcement. The second section, prepared by WOF gives background information
on geoduck biology, and the fishery, and management objectives. The third
section prepared by DNR, discusses the Department's marine land management
objectives and their relationship to management of commercial geoduck harvest.
The fourth section of the plan is the appendix. This contains background material
and program documents which will need periodic updating.
Management of the geoduck fishery is not static. Changes in the market
demands and economics affect the fishery and its management as does knowledge
of the biology and population dynamics of the geoduck resource, and the
fluctuating social and political climate. Given this situation, this document
is intended as a flexible outline for the management of the geoduck fishery.
Changes and improvements are anticipated and will be made through the mutual
consent of the co-managers of the fishery - the Departments of Fisheries and
Natural Resources.
Geoducks (Figure 1) have long been known as a sport clam in Puget Sound.
It was not until recently, however, that the real commercial potential of this
resource became known. Discoveries of high subtidal geoduck abundance in the
early 1960's prompted the Department of Fisheries to conduct surveys over the
next several years. On the basis of the survey findings and recommendations,
the legislature enacted a geoduck commercial harvest program to be managed
jointly by the Department of Fisheries (WDF) and the Department of Natural
Resources (DNR).

iii

DNR and WDF have complimentary authorities and responsibilities for
management of commercial geoduck harvest. DNR has responsibility for manage-
ment of the subtidal marine lands where commercial geoduck harvest is per-
mitted. RCW 79.01.570 gives the DNR authority to enter into leases or harvest
agreements for geoduck harvest. The law gives the Department authority to
cancel or suspend leases and harvest agreements for violations of their pro-
visions or for violation of WOF licensing or harvesting provisions under
Title 75 RCW.
WDF has responsibility for management of the geoduck fishery and for
insuring that geoduck harvest does not injure the marine environment. RCW
75.24.100 enpowers the Director of the Department of Fisheries, with the
approval of the Commissioner of Public Lands, to issue licenses for geoduck
harvesting. The initial legislation restricted this harvesting to no closer
than 1/4 mile from shore, to below -10' MLLW, and to divers using hand-held
gear. The law generally gives the Director of the Department of Fisheries
the authority to control the intensity and methods of harvest for protection
of the resources and habitat. Revised legislation adopted in 1979 now allows
harvest to within 200 yards of shore or beyond the -18' MLLW contour, which-
ever is farther.

Figure 1. The geoduck
clam (Panope generosa).

SECTION I - MANAGEMENT PROCEDURES AND POLICIES

A. Identification and Allocation of Geoduck Beds for Eventual Harvest
1. The Department of Fisheries will provide the Department of Natural
Resources with an updated list of geoduck beds in Puget Sound
suitable for commercial harvest. These beds must meet the follow-
ing criteria:
a. Beds are further from shore than 200 yards (from MHW) and
deeper than -18 feet (0 ft. - MLLW) (RCW 75.24.100).
b. Geoducks must be of commercial abundance and quality.
c. Substrate is suitable for harvest.
d. Beds are free from pollution and certifiable by the Department
of Social and Health Services.
e. No known spatial or environmental conflicts exist which would
preclude harvest.
f. Harvest will not create long term, adverse impacts to surrounding
environment or to important habitats.

2. The Department of Natural Resources will allocate these beds for
future geoduck harvest. It is assumed that all geoduck beds meeting
these criteria will eventually be harvested. DNR will maintain
maps in Appendix A of this plan showing the areas in Washington
which are allocated for commercial harvest of geoducks. The maps
will be updated as necessary to reflect discovery and addition of
new beds, and reevaluation and deletion of previously allocated beds.

3. The Department of Natural Resources will maintain as Appendix B of
this plan a summary of the current environmental information on each
tract. This summary will be updated as new information becomes
available.

4. The maps and environmental summaries will be circulated by DNR to
interested agencies. These agencies will be encouraged to inform
DNR of any potential conflicts with geoduck harvest at these sites
and to prevent pollution or other damage of these beds.

5. The Departments of Fisheries and Natural Resources will not allow
uses under their control other than commercial geoduck harvest to
occur within the geoduck beds shown in Appendix A unless the use
will not conflict with this harvest or unless the Departments
determine that the public benefits of the use out weighs the loss
of the geoduck harvest. The alternative use will be required to
pay for the value of the resource withdrawn from use (see WAC 332-
30-125(7)). DNR will not normally approve leases for activities
which might pollute or destroy commercial geoduck beds.

6. The Departments of Fisheries and Natural Resources will encourage
local governments to require adequate point and non-point source
pollution controls for development near allocated geoduck beds and
especially those which the Department or Social and Health Services
has identified as being at risk (see Appendix B).

B. Selection of Geoduck Beds for Harvest
1. Each year the Department of Fisheries will propose sufficient geoduck
beds as to supply the optimal sustainable yield for harvest. These
beds will be selected from Appendix A. The Optimum Sustainable Yield
(see Appendix C) is the Maximum Sustainable Yield of the geoduck pop-
ulation on the allocated beds. Estimates of the maximum and optimum
sustainable yields of geoducks will be adjusted as necessary to reflect
improved information on the populations dynamics and the geoduck
resource in Puget Sound. WDF is responsible for estimating the sus-
tainable yield and for setting the annual harvest.

2. In selecting the geoduck beds for harvest, WDF and DNR will ask the
advice of representatives of the geoduck industry and of interested

agencies, groups, and individuals. The following factors will be
considered in selecting beds for harvest.
a. Providing sufficient stocks to meet the optimum sustainable
yield.
b. Rotation of harvest around Puget Sound for the convenience
of the industry, for the ease of enforcement, and to distribute
the impacts of the fishery on the environment and the shoreline
commu ni ties.
c. Clustering of the tracts, when possible, to concentrate the
fishing activities into a single, discrete area to facilitate
enforcement.
d. Offering a variety of geoduck types and qualities during the
lease period to meet current market demands.
e. Convenience of landing areas both for the industry and for
enforcement.
f. Other factors which are determined to be important.

3. DNR and Fisheries will establish a tentative three year harvest
schedule as Appendix D of this paper. This schedule will provide
the industry and local government with a list of when and where
harvest will take place. It will also ensure sufficient lead time
for a careful environmental analysis of the proposed tracts as well
as coordination between the involved agencies and discussions with
the local community. Because of the potential for changes in the
fishery, markets, and knowledge of the resource, this schedule must
remain flexible and relatively general.

C. Interagency Coordination and Environmental Assessment
1. At least six months prior to auctioning of the geoduck tracts for
lease Departments of Fisheries and Natural Resources will meet with
local officials to propose specific geoduck beds for harvest. The
Departments will request the assistance of the county in providing
local comment on the proposal and in scheduling a public meeting.

The county will also be asked to review the proposed harvest tracts
and note any environmental or use conflicts, and to determine the
necessity of shoreline or other permits. The Departments will
propose the harvest tracts to the county well in advance of their
lease and will provide sufficient time for the environmental assess-
ment and for permit application and approval before the leasing of
any tracts for harvest.

2. WDF will summarize the existing environmental information on the

proposed tracts. These summaries will then be distributed to the
county, interested state and federal agencies (see Appendix E),
and interested groups with a request for written comments to be
submitted within 30 days.

3. WDF divers will resurvey the harvest beds to refine estimates of
geoduck abundance, to evaluate the preharvest condition of the
tracts including the substrate, the abundance and importance of
the associated flora and fauna, and the presence of any biologically
significant areas such as spawning and nursery areas for other
important organisms. These surveys will also address the questions
derived from public and agency input and from permit requirements.
This survey information will be summarized including recommended
limitations on harvest operations to protect the geoduck resource
and surrounding habitats.

4. A public meeting will be held near the proposed harvest site. Notice
of this meeting will be given to local newspapers, to interested local,

state, and federal agencies, and to the geoduck industry. At the
meeting, DNR and WDF will review the available information about the
geoduck resource, harvest operations and potential environmental
impacts. The audience will be asked to point out concerns about the
proposed harvest and to suggest necessary actions for minimizing
adverse impacts. A mailing list will be started to keep interested
individuals informed of the progress of the proposal.

5. DNR will prepare an environmental checklist (e.g., Appendix F)
and threshold determination. This will be circulated to interested
agencies, be placed on file with the local library, and be sent to
interested individuals upon request.
6. Upon issuance of the necessary permits and SEPA compliance, DNR
will advertise and lease the tracts for geoduck harvest. The
advertisement, invitation to bid, and DNR harvest agreement will
contain the conditions on harvest arrived at in 3 and 4 above.

7. The Department of Fisheries and Natural Resources will schedule
additional public meetings as necessary or as part of the permit
review process.

8. Shortly before harvest begins, DNR and WDF will inform the local
community and local agencies about harvest procedures and restrictions,
about tract boundary marking, and about whom to contact in case of
questions or complaints during harvest. If requested, a neighborhood
* ~~~~~~meeting will be held to present this information and to discuss the
anticipated harvest and what shoreline residents may expect.

D. -Conditi ons During Harvest
1. Harvest is limited to only approved tracts leased from the Department
of Natural Resources and licensed by the Department of Fisheries.
These tracts will be marked by sightlines and buoys as necessary to
delineate the tract boundaries when viewed both from the water and
from the shore. Vessel operators must have DNR tract maps sightline
photographs on board the harvest vessel when harvesting. These
photographs and maps are available to shoreline residents upon request
to DNR.

2. Landing of harvested geoducks will only be allowed at sites approved
by DNR. Whenever possible, landing sites will be approved for the
convenience of the harvester. However, other factors will be considered

such as accessibility for enforcement personnel, interference of
use by the general public and disturbance of the local community.

3. Harvest will be managed so as not to interfere with military exer-
cises or with other navigational uses.

4. WDF and DWR will limit harvest by limiting the acres of geoduck tracts
leased for harvest, the number of divers permitted per tract, and the
hours and days of operation. In selecting the hours and days of harvest,
WDF and DNR will consider the needs of the geoduck industry and the
effects of harvest upon local citizens. When necessary, additional
limitations may be imposed via the DNR harvest agreement to deal with
special, site specific situations.

5. Harvest on any set of tracts will be limited to a fixed period,
currently 12 months. The lease period will be set by DNR with the
approval of WOF to meet industry needs while ensuring adequate
control over harvest, effective enforcement, and compatibility
with local needs.

6. Noise levels onshore due to harvesting will not exceed DOE noise
standards, local noise ordinances, (if any applicable), and DNR
contract conditions (see Appendix G).

E. Monitoring and Enforcement
1. Fisheries Patrol Officers (FPOs) shall be assigned specifically to
the geoduck fishery with funding provided by DNR from geoduck lease
revenue.

2. FP~s, will monitor and enforce compliance with Fisheries laws and
regulations, DNR contract conditions, and shoreline permit require-
ments.

3. DNR harvest agreements provide that violations of any provision
including WDF regulations, may result in suspension or termination
of the agreement.

4. FPOs and DNR compliance personnel will monitor weighing and reporting
of catch.

5. FPOs will respond to and investigate reports of illegal or improper
harvesting activities.

F. Post-harvest Evaluation of the Harvest Tracts
Harvest tracts will be re-inspected following completion of harvest.
These post-harvest evaluations will be conducted as deemed necessary
by the Department of Fisheries based upon its experience with similar
harvest tracts, knowledge of the harvest operations of the tract, permit
requirements, and the availability of personnel. These evaluations will
assess the effects of harvest, compliance with harvest conditions, and
suitability of the tract for reharvest. On selected tracts, detailed
* ~~~~post-harvest evaluations will be made and recovery of the tracts monitored.

G. Fisheries Research
The Department of Fisheries maintains an ongoing research activity to
study the geoduck. Appendix H contains a summary of current research.
This will be updated each biennium.

* ~~~~~~~~~~~~~~~~7

SECTION II - DEPARTMENT OF FISHERIES

I NTRODUCTI ON
In 1969, the Washington State legislature authorized the commercial
harvest of subtidal geoduck clams after surveys by the Department of Fish-
eries had demonstrated the presence of a major resource. The Washington
Department of Fisheries (WOF) and Natural Resources (DNR) were designated
as the co-managers of the fishery.
Since commercial fishing begin in 1970, the geoduck fishery has become
the largest clam fishery on the West Coast. In 1979, over 6.7 million pounds
of clams were landed in Washington with a wholesale value of over $3.9 million.
The fishery is now an important source of jobs, income, and food. It also
represents a strong economic justification for maintaining the high water
quality of Puget Sound, which is essential to this and many other fisheries.
Despite many benefits to the state, the geoduck fishery has been source
of some controversy. One aspect of this controversy is the shoreline residents'
concern about noise and commotion on the water and about the environmental
effects of geoduck harvesting. Others have philosophical concerns about the
commercial utilization of marine resources versus their preservation.
On the other hand, the fishing industry seeks steady, reliable access to
more and better geoduck stocks. They argue that this is needed for a stable,
viable industry and to meet market demands. Industry is thus concerned
about any actions which would limit the availability of the product, their
access to it, or limit their operations.
WDF is charged with the responsibility of preserving, protecting, and
managing the food fish and shellfish resources of the state, and of protecting
the marine environment. Consistant with this responsbility and for the pur-
pose of conservation, WDF is further directed to maintain the economic well-
being and stability of the commercial fishing industry. Given these responsi-
bilities, WDF and DNR as co-managers of the fishery must balance the interests
of the citizens and of the industry, while providing for the conservation of
the resource.

The geoduck resource does not recognize arbitrary boundaries such as
county lines. Full utilization of the resource for the benefit of all the
citizens of the state depends upon management of the resource on a statewide
basis as a single unit. Present management is based upon the assumption
that all of the identified geoduck beds which are suitable for harvest,
consistent with protection of the resource and the marine environment, are
available for harvest.
Failure to adequately address local and citizen concerns could ultimately-
lead to a piece meal management of the fishery. Under the Shoreline Manage-
ment Act the counties may require permits for substantial projects in the
shoreline area. Through the permit process the county may approve, condition,
or prohibit a project. In many cases the action taken depends upon the per-
ceived impact of the project locally and citizen reaction. By demonstrating
the ability and willingness to address local interests and needs, WDF and
DNR hope to alleviate local concerns and obviate the counties from exerting
management controls over the fishery through the shoreline permits.
Currently, two counties require shoreline permits for geoduck harvest.
Other counties may require permits upon review of their shoreline master plans
under the revised DOE guidelines. WDF does not contest the propriety of the
counties to require such permits. The hope is that each proposed harvest
operation be weighed upon its actual environmental effects both in the water
and on shore, as well as the benefits derived for all the state's citizens.

Goals and Objectives of Plan
The goals of geoduck management are to protect the geoduck resource, the
associated organisms and the environment; to manage the fishery on the basis
of the optimum yield in the best interest of all the citizens of the state;
to provide for a stable, orderly fishery; and to minimize any social conflicts
resulting from the fishery.
To achieve these goals this management plan attempts to: (1) ensure
adequate review of the potential effects of harvest upon the clam stocks, the
associated flora and fauna, and the marine habitat prior to final tract
selection; (2) establish a schedule for this review; (3) establish a mech-.

10~~~~

anism to allow citizen, government, and industry input into allocation of
the geoduck resource; (4) in concert with DNR and DOE, encourage greater
consistency and certainty in shoreline permit requirements with the hope
that access to the geoduck stocks will be secured; (5) provide greater
consistency and predictability in management; and (6) provide for the
effective enforcement necessary to proper resource management.

Implementation of Plan
This plan will be implemented through adoption of its basic elements
into the regulations of the Department of Fisheries as appropriate. The
management plan and the codified procedures will then be the basis for future
management and resource allocation decisions. Copies of the plan will be
distributed to the interested parties, agencies, and libraries in those
counties which have commercial geoduck resources.
This plan has been prepared in close cooperation with the Department of
Natural Resources to ensure that it is complementary to their plan for
management of the subtidal geoduck beds.

SUMMARY OF GEODUCK BIOLOGY
Distribution and Abundance
Geoducks are large burrowing clams found from Alaska to California
with the center of abundance in Puget Sound. On occasion they are found
on intertidal beaches and are quite abundant subtidally. Geoducks have
been observed in depths to 180 feet and in variety of substrates, pre-
dominantly sand and mud.
In 1967, WDF began extensive, ongoing surveys of the subtidal clam
resources in Puget Sound. The geoduck survey results have been published
as WDF Technical Report 13 and Progress Report 36, 63, 95, 112, and 137.
Areas most likely to have geoduck beds suitable for commercial harvest were
studied. Geoducks were observed to be widely and abundantly distributed
subtidally throughout Puget Sound (commercial geoduck beds are shown in
Appendix A). Within the areas surveyed, beds larger than 5 acres with more
than 0.04 geoducks/sq. ft. are classified as major beds. Those major beds
where harvest will not cause long term adverse environmental damage and
which are free from pollution; protected from excessive wind, waves or
currents; in substrates and depths where harvest would be economically
feasible; and in legally fishable waters (over 200 yards from shore (MHW)
or in water more than 18 feet deep) are classified as commercial. Table 1
summarizes the results of these surveys. The identified commerical beds
are shown in Appendix A.

Table 1. Results of geoduck surveys conducted since 1967.

Geoducks
Acres (million pounds)

Puget Sound - subtidal 57,6000*
Harvestable depths (-18 to -60 ft.) 88,000*
Observed geoduck beds 33,799
Major and commercial beds 19,545 280 million
Commercial beds 8,378 165 million
Annual harvest from commercial beds 200-300 5 million**

*McLellan, Peter M. 1954. An area and volume study of Puget Sound, Wash-
ington. Univ. of Washington Dept. of Oceanography Tech. Rept. 21 39 pp.
**Harvest is currently around 5 million pounds annually, based upon a max-
imum sustainable yield of 3 percent. This estimate is under review and
may be adjusted.

Life History
Geoducks are perhaps the largest burrowing clam in the world. Geoducks
in Puget Sound average two pounds each and sometimes exceed ten pounds. The
life history of the geoduck begins in the spring when spawning adults release
millions of gametes into the water where fertilization occurs. For 4 to 5 weeks,
the larval clams drift with the currents and may be transported far from the
parental beds. Upon settling to the bottom, the clams begin to burrow into the
substrate. They burrow deeper as they grow, usually to 2-3 feet deep but as
much as 6 feet. Burrowing ceases in 3 to 4 years and loses its digging ability.
Geoducks feed on planktonic algae drawn in via their long necks (siphons).
They grow rapidly, attaining sexual maturity (about 100 mm long) in 3-4 years
and harvestable size (about 1.5 pounds) in 4 to 10 years (Figure 2). Geoducks
are very long lived. The average age is 38-57 years and with some clams reaching
130 years.
The limiting factor in geoduck production is the slow rate at which new
members are recruited into the population to replace those lost to harvesting.
Although the clams grow rapidly, it may take 30 to 50 years for a harvested
population to be replaced naturally. To speed replacement and thus increase
the potential production of geoducks, WDF is developing methods to artificially
culture small geoducks and plant them on harvested beds.

30-
Figure 2. Geoduck growth
showing the relation of
shell length (curve A) and
burrow depth (curve B)
to age.
LWI20_-

10 -

AGE IN YEARS

SUMMARY OF GEODUCK FISHERY 0
Harvest Gear and Methods
Geoducks are commercially harvested
To pump--
from subtidal beds by divers using hand-
held water jets. Most divers use HOOKA
gear, and are supplied with air through
hoses from compressors on the work boat.
Most of the boats are 30-40 feet long and
operated with a crew of 2-3 divers and a Shut-off valve
tender to operate the pumps and compressors. //
The water jet used to harvest the clams
(Figure 3) is a nozzle consisting of a
short length of pipe (about 18 inches long) // Figure 3. "Water jet" used
with 5/8-inch diameter tip the digging end to harvest geoduck clams.
and a shut-off valve on the other. Water
pressure (40-60 lb./sq. in.) is supplied
from pumps on board the boat.
To harvest the geoducks, the water
jet is inserted alongside the geoduck, 0
which is located by its "show" (neck . .///
extended out of the substrate) or by feel-
ing for the depressions in the substrate
left when the neck is withdrawn. Wat er e ,r; . ::.
from the nozzle liquifies the substrate.
around the clam, allowing the geoduck to 0.o' o- i,
be pulled out. Harvest is accomplished
with minimal disruption of the substrate,
as only a small depression is left (Figure Figure 4. A typical geoduck
harvest hole.
4), with minimal damage to other organisms.
The effects of harvest are discussed in
the environmental checklist, Appendix F.
An experienced diver harvesting a good bed can dig a geoduck in 15-30
seconds and may harvest up to 2,000 pounds per day under ideal conditions.

14 0

The most desirable clams have large necks and light colored meat. The harvested
clams are placed into mesh bags which, when full, are pulled to the surface by
the tender. The clams are unloaded at marinas and boat ramps approved by DNR.
Upon landing, the clams are weighed and the catch reported on a WDF shellfish
receiving ticket. The clams are then transported to a processor or to fresh
markets.

Geoduck Fishery Production
After the opening of the fishery in 1970, the industry was limited by
lack of adquate markets. Domestic markets were generally limited to seafood
restaurants and markets, and roadside stands. Despite considerable effort
to develop a domestic market, the industry did not become more than marginally
profitable until the mid-1970's, when fresh geoduck necks were successfully
marketed in Japan. The effect of opening this market was to dramatically
increase harvest, as shown in Table 2, and to increase demand for more product.
It should be noted that geoduck is a luxury item for the Japanese and its sales
depend upon economic conditions in Japan and Japanese-U.S. foreign exchange
rates. In addition, competition for this market is developing from British
Columbia and there are attempts to start a geoduck fishery in Alaska.

Table 2. Commercial geoduck harvest from Puget Sound (as reported to WDF).

Year Pounds Year Poun--ds

1970 82,236 1976 5,365,898
1971 610,250 1977 8,646,746
1972 493,140 1978 7,089,656
1973 463,994 1979 5,204,773
1974 803,358 1980 4,168,869
1975 2,372,271

The primary market is for geoduck necks airfreighted to Japan. These
must be of very high quality and have very white meat. A growing market exists
in some major cities with oriental communities for live geoducks. These clams
must also be of high quality and must also be large and very fresh. Only a

small proportion of the clams are sold locally. Geoduck meat which is not
suitable for these markets is generally sold as chopped meat at relatively
low prices.
The geoduck fishery is the largest clam fishery on the West Coast. In
1979 the value of processed geoducks landed in Washington was about $3.9
million. While 3 or 4 small independent operators work in Puget Sound,
supplying mostly live market clams, virtually all of the processed clams
have been handled by one company. In 1981 a Canadian processor leased 2
tracts in Puget Sound and is now shipping the clams to Victoria for pro-
cessing.
Presently about 12 boats engaged in the fishery and about 35 divers.
The industry also employs around 100 people in processing and support
activities. In addition to payrolls and business taxes, the industry
pays about $500,000 per year to the state for the harvested clams, half
of which is retained by DNR while the rest is allocated to the East Capitol
Building Fund. An annual fee of $100 is required for each tract harvested
and a $50 license fee for each diver. In addition, a 2 percent tax is
assessed by the Department of Revenue on the value of the geoducks landed.

The potential for expansion of the fishery in Puget Sound is limited
by the size of the resource. Presently those geoduck beds which are shallow
enough for harvest, which are environmentally suitable for harvest and which
are free from pollution are being utilized to their maximum capability.
Expansion of the fishery would depend upon technological changes allowing
harvest in deeper water or allowing utilization of geoducks from beds which
are not now certified for harvest. The most promising possibility for expan-
sion is the artificial reseeding of harvested beds and less productive beds.
Reseeding could offset the slow rate of natural reseeding and could double
or triple the volume of the geoduck fishery in Puget Sound.

JURISDICTION OVER GEODUCK FISHERY
The Department of Fisheries is the manager of the food fish and shellfish
of the state and is, therefore, responsible for managing the geoduck resource.
Most geoducks, however, dwell in subtidal bedlands belonging to the state and
managed by the Department of Natural Resources. The fishery has thus been
established (RCW 75.24.100) under the co-management of the two agencies and
is operated under a combination of WDF and DNR laws and regulations (per-
tinent WDF laws and regulations are presented in Appendix I).

Role of Department of Fisheries
WDF's role is defined through its legislative mandate "...to preserve,
protect, perpetuate and manage the food fish and shellfish in the waters of
the state and... for the purpose of conservation...maintain the economic well-
being and stability of the commercial fishing industry..." (RCW 75.08.212).
In practice, WDF is generally responsible for protection of the marine
environment and the fisheries resource. RCW 75.24.100 further defines WDF's
role in the geoduck fishery. The Director of Fisheries may issue licenses
for commercial geoduck harvest, limit the amount of fishing effort and gear
to protect the resource, its habitat and to achieve sustained yields, and
may limit the type of gear and its use to prevent waste, destruction or
permanent damage to the bottom or adjacent shellfish populations. Harvest
is also prohibited within 200 yards of shore (MHW) or in less than 18 feet
of water.
The function of WDF includes surveying and inventorying the clam resources,
selecting the beds for harvest, determining the annual sustainable yield to
be harvested each year, setting the allowable fishing effort and monitoring
the effects of harvest on the geoducks, the substrate, and the associated
flora and fauna. WDF is also responsible for enforcing the laws and regu-
lations of the Department, and for studying the biology, ecology, and pop-
ulation dynamics of geoducks.

Role of Department of Natural Resources
DNR manages the state's ownership interests in the marine bedlands which
include the geoduck clams. RCW 79.01.570 gives DNR authority to enter into

leases or harvest agreements for geoduck harvest. The Department may cancel
or suspend leases and harvest agreements for violations of their provisions
or for violation of WDF licensing or harvesting provisions under Title 75 RCW.
DNR cooperates with WDF in designating tracts fQr harvest, tract marking,
and enforcement. DNR has developed its own management plan for geoduck
harvest which explains the Department's authorities, policies, and activities
in detail.

Other State Agencies
Various other agencies have authority or potential authority to affect
the management of the geoduck fishery. These include the state Departments
of Social and Health Services (DSHS) and Ecology (DOE). DSHS is required to
ensure that the clams are safe for human consumption. Without DSHS certifi-
cation, a tract will not be authorized for harvest. DSHS certification will
not be granted if the clams or the water do not meet shellfish sanitation
standards or if the presence of sewage outfalls, marinas, or other activities
present a high risk of potential pollution.
The Department of Ecology has broad responsibilities, which include
administration of noise and water quality standards, protection of the water
from pollution, and administration of the Shoreline Management Act and the
State Environmental Policy Act (SEPA).

Federal Agencies
At the present time, no federal authorities are involved with geoduck
harvest except in site specific cases such as harvest user near federal wild-
life refuges.

Local Government
Local government has a major role in management of the shorelines within
its jurisdiction, including subtidal areas. The Shoreline Management Act
of 1971 (SMA) re6ffirms this role and provides a mechanism for controlling
shoreline management. Under the SMA guidelines, each county develops its own
Shoreline Master Plan for use of the shorelines which is then adopted into the

regulations of the Department of Ecology (WAC 173-19). A project or devlopment
which exceeds the criteria specified in the Master Plan must attain a sub-
stantial development permit. Through this permit local government may approve,
approve with conditions, or prohibit a project.
The intent of the SMA and the local plans has been primarily to control
construction type projects along the shorelines and has been a major tool for
limiting uncontrolled and inappropriate development. Guidance has not been
provided to the counties concerning control of ongoing fishing activities
such as geoduck harvest and considerable variation exists between counties
in their approach to the harvest of clams from the subtidal waters of the
state. Presently, the counties are revising their master plans to specifi-
cally address the question of aquaculture, especially geoduck and subtidal
clam harvest, under the guidance of DOE. The Departments of Fisheries and
Natural Resources have prepared management plans for the subtidal clam
fisheries to assist the counties in these revisions and to demonstrate their
willingness and ability to accomodate local interests in allocating and
managing the geoduck resources of the state. It is hoped that if the local
and environmental concerns can be adequately addressed by the state managers
of the fishery that the counties will not need to intervene in the manage-
ment of the fishery locally.

MANAGEMENT OF GEODUCK FISHERY
Management Goals
The goals of geoduck management are to:
1. Protect the geoduck resource and the marine environment. Harvest
is limited to sustainable levels and only harvest methods and gear
that do not unnecessarily damage the substrate, the surrounding
habitat or organisms on the geoduck beds are allowed. WDF also
attempts to protect the beds from pollution and from damage due to
human activities.
2. Encourage a stable orderly fishery. Harvest is allowed at the
highest level possible consistent with protection of the clam
resource. WDF and DNR try to provide a relatively constant supply
of geoduck clams for harvest each year and to give the industry
as much freedom as possible to control its own production and to
meet varying market demands.
3. Manage the fishery for the maximum benefit of all the citizens of
the state. WDF encourages the fishery as a source of food, jobs,
trade, and income to the state. As co-manager with DNR, WDF's
policies and regulations must allow the full and fair compensation
of the state for the clams harvested.
4. Minimize adverse impacts of the fishery on shoreline residents and
communities. By limiting harvest close to shore, by limiting hours
and days of operation, and by limiting fishery effort WDF has
attempted to not only improve management of the fishery but also
to reduce onshore impacts. By improving communication between
citizens, local government, and the agencies, future conflicts
will hopefully be reduced.
5. Provide effective enforcement. It is essential that any management
policy be enforcable if the above goals are to be achieved. Thus
management policies must allow effective enforcement and avoid
policies and regulations which provide opportunities or incentives
for illegal or undesirable activities.

20 i

MANAGEMENT OF GEODUCK FISHERY i
Management Goals
The goals of geoduck management are to:
1. Protect the geoduck resource and the marine environment. Harvest
is limited to sustainable levels and only harvest methods and gear
that do not unnecessarily damage the substrate, the surrounding
habitat or organisms on the geoduck beds are allowed. WDF also
attempts to protect the beds from pollution and from damage due to
human activities.
2. Encourage a stable orderly fishery. Harvest is allowed at the
highest level possible consistent with protection of the clam
resource. NDF and DNR try to provide a relatively constant supply
of geoduck clams for harvest each year and to give the industry
as much freedom as possible to control its own production and t~o
meet varying market demands.
3. Manage the fishery for the maximum benefit of all the citizens of
the state. WDF encourages the fishery as a source of food, jobs,
trade, and income to the state. As co-manager with DNR, WDF's
policies and regulations must allow the full and fair compensation
of the state for the clams harvested.
4. Minimize adverse impacts of the fishery on shoreline residents and
communities. By limiting harvest close to shore, by limiting hours
and days of operation, and by limiting fishery effort WDF has
attempted to not only improve management of the fishery but also
to reduce onshore impacts. By improving communication between
citizens, local government, and the agencies, future conflicts
will hopefully be reduced.
5. Provide effective enforcement. It is essential that any management
policy be enforcable if the above goals are to be achieved. Thus
management policies must allow effective enforcement and avoid
policies and regulations which provide opportunities or incentives
for illegal or undesirable activities.

Present Management
The geoduck fishery has been managed on a limited entry basis from its
inception. In most fisheries of the world, management policies have been
developed after the fact to deal with problems of overharvest, excessive
gear, and too many fishermen. To control these problems fisheries managers
often recommend some sort of effort control with allocation of harvest
rights. The geoduck fishery was initiated on this basis to avoid the prob-.
lems of overfishing, to encourage orderliness and stability in the industry,
and to control the rate of harvest.
Geoduck management is severely complicated by the nature of the diver
fishery, the value of the product, and the required compensation to the
state for clams harvested, all of which create enforcement problems. These
factors provide both incentive and opportunity to harvest illegally or to
under-report the catch, thus avoiding payments to the state and harvesting in
excess of the allocated yield. Therefore, the management policy must be
compatible with effective enforcement to ensure protection of the resource
and the environment.
Geoduck management is summarized below:
1. Harvest is only permitted from tracts designated by WDF and leased
from DNR.
2. Harvest is prohibited within 200 yards of shore (extreme high water)
or in less than 18 feet of water.
3. Harvest is limited to divers using hand-held suction or water jet
gear.
4. Harvest is limited to the optimal yield of the geoduck stock. Optimal
yield is equal to the maximum sustainable yield of the commercial beds.
5. Harvest if controlled by limiting the size of the harvest tracts and
the amount of fishing effort.
* ~~~~6. A tract license for each lease holder, a validation for each diver
working, and a diver's license for each diver are required for the
harvest of geoducks.

* ~~~~~~~~~~~~~~~21

SECTION III: DEPARTMENT OF NATURAL RESOURCES

MANAGEMENT OBJECTIVES

The Department of Natural Resources has management responsibility for a vast
area of state-owned marine tidelands, bedlands, and harbor areas, and freshwater
shorelands and bedlands. The Department exercises its control over land use of
state-owned lands through leases, use easements, permits, deeds, interagency
coordination and applied research. Unlike state-owned uplands which are managed
for economic return, aquatic lands are managed as a public trust for a variety
of economic, recreational and natural process activities. To guide its
management programs, the Department has identified five objectives:
1. Provide space for a variety of recreational and economic activities;
2. Provide for navigational needs which are of benefit to the general
public;
3. insure adherence to the environmental standards of other agencies;
4. Maintain the productivity and environmental quality of the aquatic lands
while continuing to provide for the needs of the public; and
5. Compensate the public for withdrawal of lands by private and public
* ~~~~activities which reduce the use options of the general public.
In addition to these, the legislature has authorized the Department to "foster"
certain uses of the aquatic lands and this directive is taken here as a sixth
aquatic land management objective:
6. The Department of Natural Resources shall foster the commercial and
recreational use of the aquatic environment for production of food,
fibre, income, and public enjoyment from state-owned lands under its
jurisdiction and from associated waters.
The test of whether this geoduck management plan is successful is in how
well these objectives are achieved. The Department has defined these objectives
in a report titled "The Department of Natural Resources' Marine Land Planning
Program", February 10, 1981. The following outline explains what actions are
required to achieve these objectives in management of geoduck harvest. Most of
these actions have been incorporated into the procedures outlined in Section I
of this plan.

is
23

Objective 1. Provide space for a variety of recreational and economic
activities.
A. DNR has adopted the following administrative policies in regard to use
of space for this type of use:
1. Utilization of renewable resources is a preferred use of aquatic
lands. (WAC 332-30-160(1))
2. Tidelands, shorelands and beds of navigable waters, especially
valuable now and in the foreseeable future for renewable resource
activities . . . . shall be so designated and protected from
conflicting human uses which limit their utility for this purpose.
(WAC 332-30-160(5))
3. Harvesting must be conducted in such a manner as to . . .
minimize insofar as possible conflicts with other users of the water
area . . . . (WAC 332-30-160(7))
B. Areas in Washington suitable for commercial geoduck harvest are limited
by legal, environmental and technical constraints to approximately 8,400
acres in Puget Sound. This comprises only about half of the area where
geoducks have been found in commercial abundance. Geoducks have been
found in some density on about 34,000 acres of subtidal lands.
C. WFD and DNR have determined that restricting harvest to designated
tracts is the best way to control harvest rate and to assure proper
reporting of catch.
D. Commercial geoduck harvest under this plan will be a low intensity,
intermittent use of marine bedlands. Approximately 10-15 boats will be
used for the entire fishery and tracts will be harvested once every 20
to 50 years.
E. Reservation and use of the known commercial geoduck beds for commercial
harvest will not result in any conflicts of statewide concern over use
of marine land space.
F. Local conflicts over use of marine land space may occur. DNR will use
the procedure stated in Section I to identify and resolve local space
conflicts.

Objective 2. Provide for navigational needs which are of benefit to the general
* ~~~~~~~~publ ic.
A. A geoduck bed has been found in the Port Townsend harbor area but
harvest there would not interfere with navigation.
B. Geoduck beds have not been found in major vessel traffic lanes.
C. Geoduck beds do occur in ferry and tug boat routes, in narrow channels,
in military training areas and in areas used by commercial and sport
fishermen. Except for military training areas, conflicts with these
uses are very difficult to evaluate at the statewide level.
D. Geoduck harvesters' use of public boat ramps, if not controlled, may
obstruct the general public's use.
E. There are no predictable adverse effects on navigation from commercial
geoduck harvest which should be controlled through statewide operation
standards. The procedure stated in Section I will be used to identify
and resolve any local navigational conflicts.

Objective 3. Insure adherence to the environmental standards of other agencies.
A. DNR has adopted the following administrative policies in regard to
coordinating with the environmental standards of other agencies:
1. Other governmental agencies, local, state and federal, administer
laws and regulations which also govern activities on aquatic lands.
In order to benefit from the expertise and experience of these
agencies, the Commissioner of Public Lands seeks the advice of the
Marine Resources Advisory Committee. (WAG 332-30-100(1))
2. The Department will insure that its allocations, leases, uses and
activities are consistent with local [shoreline] programs.
(WAC 332-30-100(1))
3. Harvesters must comply with all applicable federal, state, and local
rules and regulations. Noncompliance may result in lease suspension
or cancellation upon notification. (WAC 332-30-157(6))
B. DNR has reviewed the shoreline master programs of those counties with
commercial geoduck beds. Three counties have regulations which could be
interpreted to severely restrict geoduck harvest. King County has a

regulation which covers mechanical harvest of shellfish. Mechanical
harvest is prohibited in conservancy environments and sites harvested by
mechanical means must be rehabilitated within seven days. County staff
have told DNR that geoduck harvest would not be interpreted as
mechanical but there is no definition of mechanical harvest in the
program.
Kitsap and Clallam Counties have master program regulations which cover
both mechanical and/or hydraulic clam harvesting and require that
trenches be refilled to within 3" of the original ground level. Geoduck
harvest makes holes rather than trenches. Test digging in Hood Canal
showed that holes were refilled to within 3-4" of the ground surface.
The 3" standard for trench refilling was borrowed from a non-scientific
recommendation made for intertidal mechanical clam harvest in Port
Susan. Geoduck harvest is an entirely different operation in a
different environment. These counties will be re-evaluating their
shoreline management regulations and policies on aquaculture in
compliance with new Department of Ecology (DOE) guidelines.
No comments were received from either county during the review period
for this plan. DNR is still unsure how to manage geoduck harvest to be0
consistent with those shoreline programs or what effect their
regulations will have on geoduck harvest.
C. Interdepartmental coordination during plan development has revealed no
environmental standards other than those discussed above which might
conflict with execution of this plan.
0. To insure that DNR management continues to respond to other agencies'
environmental standards, DNR will follow the procedures contained in
Section I.

Objective 4. Maintain the productivity and environmental quality of the aquatic
lands while continuing to provide for the needs of the public.
A. The Department has adopted the following administrative policy in regard
to protection of the environment from and for commercial geoduck
harvesting:
1. Harvesting must be conducted in such a manner as to have.
insofar as possible a minimal impact upon the environment.
(WAC 332-30-160(7))

2 . The Department will work with other agencies through development and
implementation of management plans to insure that commercial
shellfish beds are kept free of pollution . . . . (WAC 332-30-
160(11))
3. The boundaries of clam tracts offered for lease shall be established
and identified to avoid detrimental impacts upon significant
beds of aquatic vegetation or areas of critical biological
significance . . . . (WAC 332-30-157(2))
4. Commercial clam beds on aquatic lands shall be managed to produce an
optimum yield. (WAC 332-30-157(1))
5. The methods of harvest may only be those as established by law and
certified by the department of fisheries. (WAG 332-30-157(3))
B. The Department's experience with past commercial geoduck harvest has
revealed few significant impacts even at the site level. Concern has
been expressed about possible impacts on seals and waterfowl near
Protection Island, noise near residential areas, and occasional
obstruction of public boat ramps. The Department will conduct detailed
site level environmental investigations to identify potential
environmental impacts in advance of tract auction. The procedure for
site evaluation is stated in Section I.
C. The DOE has reviewed the known commercial geoduck beds for proximity to
flora and fauna identified in the Washington Coastal Areas of Major
Biological Significance (1981 update). This data is contained in
Appendix B and will be available at the beginning of detailed site
investigations prior to tract auction.
D. The Department has determined that the harvest program will not have a
significant impact on the state's environment.
E. State law charges the WDF with responsibility for assuring a sustained
yield of geoducks and for preventing harvest methods from injuring
associated flora and fauna.

F. Commercial geoduck beds are, by definition, those which have water
quality good enough to allow harvest. Many beds between Tacoma and
Seattle and north have been eliminated from consideration for harvest
due to water pollution. The Department of Social and Health Services
(DSHS) has reviewed the commercial beds for potential pollution problems
and their findings have been entered in the table in Appendix B. Some
areas have been identified as having a potential for pollution from
intensive upland development. Section I states which actions the
Department will take to prevent pollution of commercial geoduck beds.
G. DNR defines "optimum yield" to be the maximum sustainable yield
achievable from the allocated commercial geoduck beds. The marine land
allocations for geoduck harvest as described in Section I will take into
consideration gross environmental and social restrictions on harvest.
From the resource contained in the allocated beds, WDF will calculate
the maximum sustainable yield during each harvest period. As stated in
Section I, harvest ceilings will then be applied to limit harvest to the
desired amount.

Objective 5. Compensate the public for withdrawal of lands by private and
public activities which reduce the use options of the general
publ ic.
A. DNR has adopted the following administrative procedure in regard to
insuring adequate compensation from commercial geoduck harvest:
1. Surveillance methods will be employed to insure that trespass as
well as off-tract harvesting is prevented. (WAC 332-30-157(4))
2. Harvesters must comply with all lease provisions. Noncompliance may
result in lease suspension or cancellation upon notification.
(WAC 332-30-157(5))
3. The boundaries of clam tracts offered for lease shall be established
and identified to . . . prevent unauthorized harvesting.
(WAC 332-30-157(2))
B. In the past, the Department has tried several different methods for
assuring adequate compensation to the state. However, the industry has
grown rapidly and is highly competitive. Geoducks are a valuable

commodity and can be stolen by divers working at night or under
conditions of poor visibility during the day or by underreporting catch
from authorized areas. This has put a lot of pressure on those in the
industry and on the state and there will be a continued need for
adjustments on both sides. The Department recognizes the need to
stabilize bidding and reporting procedures and will make every effort to
do this.
C. The basic too] for control of geoduck harvest is the tract system.
Specific tracts are approved for harvest for limited time periods.
Tracts are offered through a competitive bidding process. Tract
boundaries are set by DNR in cooperation with WDF. Shoreline residents
have expressed concern that boundaries be identifiable from shore so
they can tell whether harvesters are trespassing.
D. Section I describes particular actions the Department will take to
assure adequate compensation.

Objective 6. The DNR shall foster the commercial and recreational use of the
aquatic environment for production of food, fibre, income and
public enjoyment from state-owned lands under its jurisdiction -and
from associated waters.
A. DNR has adopted the following administrative regulations in regard to
fostering commercial geoduck harvest:
1. The Department will foster renewable resource utilization through
research and development work, public education, land use allocation
and resource inventory. (WAC 332-30-160(2))
2. Commercial harvesting of wild stocks of shellfish shall be
encouraged on aquatic lands. Harvesting must be conducted in such a
manner as to provide an optimum yield of the crop within the
harvestable resource base, to mininiize insofar as possible conflicts
with other users of the water area and to have insofar as possible
a minimal impact upon the environment. (WAG 332-30-160(7))

3. The Department will work with other agencies through development and
implementation of management plans to insure that commercial
shellfish beds are kept free of pollution and that as much as
possible of the resource base is available for harvesting.
(WAC 332-30-160(11))
4. Enhanced productivity of commercially and recreationally important
species of aquatic life shall be encouraged on aquatic lands.
(WAC 332-30-160(10))
B. The major obstacle to increasing yield from geoduck beds is the speed
with which harvested beds are repopulated. The WDF now estimates that
under natural conditions, 20 to 50 years may be required for crop
replenishment and growth to commercial size.
C. WDF conducts inventories of the geoduck resource which contribute to the
allocations made by DNR under Section I of this plan.
D. WDF is conducting research on techniques for replanting harvested
geoduck beds. When replanting becomes economically feasible, DNR will
begin a program to routinely replant commercial beds.

* ~~~~~~~~~~APPENDIX A

DNR Marine Land Allocations
for Commercial Geoduck Harvest

DNR marine land allocations are made to reserve and protect certain marine areas
for designated uses. Areas are allocated on the basis of general surveys which
consider environmental, social and economic suitability. Allocations are made for
regional planning purposes only. Site specific conditions or information found
during specific project evaluations may restrict or even prevent use of any
particular site for the allocated use.

This appendix consists of one area map of southern Puget Sound and a series of
detailed site maps. The area map shows the general locations of all geoduck
* ~beds allocated for commercial harvest. The site maps are taken from the Washington
Coastal Zone Atlas. These maps will be revised as needed. Areas allocated for
commercial geoduck harvest are shown on the detailed site maps by the following
symbol:

A-1

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Commercial Geoduck Harvest
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Commercial Geoduck and Subtidal Clam Harvest
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irron~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~o

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Commercial Geoduck Harvest

Kitsap County 11

May, 1981

DNR Marine Land Allocations
Commercial Geoduck Harvest
Kitsap County 12

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DNR Marine Land Allocations
Commercial Geoduck Harvest
Kitsap County 14 My

DNR Marine Land Allocations
Commercial Geoduck Harvest
Kitsap County 15

Na gtion Light

Ma, 98

DNR Marine Land Allocations
Commercial Geoduck Harvest
Kitsap County 16

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May, 1981

DNR Marine Land Allocations
Commercial Geoduck Harvest
King County I

point Vashoni

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x ~~~~~Commercial Geoduck Harvest
ii ~~~~~~~~~~King County 2

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Commercial Geoduck Harvest
King County 3

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DNR Marine Land Allocations
Commercial Geoduck Harvest
King County 4

May, 1981

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Commercial Geoduck Harvest21
Pierce County I

May, 1981

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SO~th bead Commercial Geoduck Harvest

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Commercial Geoduck Harvest
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May, 1981

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Commercial Geoduck Harvest
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DNR Marine Land Allocations
Comimercial Geoduck Harvest
Pierce County 7

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Commercial Geoduck Harvest
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DNR Marine Land Allocations
Commercial Geoduck Harvest
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Commercial Geoduck Harvest
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Commercial Geoduck Harvest
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DNR Marine Land Allocations
Commercial Geoduck Harvest
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DNR Marine Land Allocations
Commercial Geoduck Harvest
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DNR Marine Land Allocations
Commercial Geoduck Harvest
* Mason County 4
May, 1981
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DNR Marine Land Allocations
Commercial Geoduck Harvest Rocky
Island County 2 Pit

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W00
APPENDIX B

Commercial Geoduck Bed Data

DNR Tract Area LBS. Avg. Flora and Fauna*
Map Name (Acres) X 106 Wt. Species Season Comments

Clallam 1 Dungeness 390 F 19 W Sp Area is certifiable.
B 13 W Sp F Area is important for many
B 16 W Sp F species.
B 17 W F
B 19 W F
B 21 W
P 3 W Sp SF
P 1 W SpSF
I 14 W Sp S F
I 33 W Sp S F
B 7 W Sp F
B 12 W Sp F
B 14 Sp F
B 22 Sp F >
B 50 Sp S F
B 20 W F
B 26 W
B 27 W w

Clallam 1 & 2 Kulakala 80 6.8 2.1 Same as above Area is important for many
species.
Jamestown 40
Clallam 3 Sequim Bay 54 0.9 3.9 F 78 F? Nearby beds certified.
F 66 W Sp Marina under consideration
nearby. Intensive develop-
ment could cause pollution
A/33\~ ~ problems.

Jefferson 1 Protection Is. 170 2.2 1.7 M 2 W Sp S F This area is a seal and bird
sanctuary.
P 3
B 50 W Sp S
B 28 S
B 68 S
B 36 S 053301

*Key to flora and fauna at end of this appendix.

COMMERCIAL GEODUCK BED DATA

DNR Tract Area LBS.6 Avg. Flora and Fauna
Map Name (Acres) X 10 Wt. Species Season Comments

B 10 S
B 47 S

Dallas Bank 116 1.4 1.9 Same as above Same as above.

Jefferson 2 Hudson Pt. 88 0.7 1.4 B 21 W
B 24 W
B 28 W
B 26 W
B 29 W F
B 30 W F
B 50 W Sp F

Jefferson 3 Killisut Hbr. 182 3.3 2.1 B 21 W
Marrowstone 118 1.9 1.7 B 24 W
B 28 W
B 26 W
B 29 W F
B 30 W F
B 50 Sp S F
F 19 W SF
F 66 W S F
F 75 W Sp

Jefferson 4 Oak Bay 75 0.7 B 76 Summer

Jefferson 5 Tala Pt. 34 0.6 1.5

Jefferson 6 Hood Head 15 0.2 1.4
Pt. Hannon 35 1.4 1.8
Sisters 86 1.1 1.2 I 14 W Sp S F
M8 WSp SF
Shine 36 0.8 1.2 Same as above
Case Shoal 42 0.2 1.1 Same as above

Is*~ I~* 0-

COMMERCIAL GEODUCK BED DATA

DNR Tract Area LBS.. Avg. Flora and Fauna
Map Name (Acres) X 106 Wt. Species Season Comments

Jefferson 7 South Point 55 0.3 1.6
Thorndike Bay 1, 2, 3 116 0.7 1.7 M 8 W Sp S F

Jefferson 8 Brown Point 30 0.5 1.4
55 0.7 1.2 B 76 Summer

? Dosewallips 4 0.4 1.7
? Duckabush 6 0.3 2.3

Kitsap 1 Foulweather Bay 40 0.5 1.5 F 2 Sp S
Coon Bay N. 135 1.6 2.0 I 14 W Sp S F Intensive upland development
F 66 W Sp could degrade water quality.
F 19 W Sp

Kitsap 2 Coon Bay S. 125 3.3 1.8 Same as above Same as above
Port Gamble 320 5.4 1.1 Same as above Sewer discharge in this area.

Kitsap 3 Hood Canal Bridge 46 1.2 1.5 F 66 W Sp Intensive upland development
could degrade water quality.
Lofall N 20 0.4 1.2 F 66 W Sp Same as above

Kitsap 3 & 4 Lofall 125 1.6 1.5 F 66 W Sp Same as above

Kitsap 4 Vineland 180 3.5 1.8

Kitsap 5 Warrenville 117 0.8 1.3 I 38 W Sp S F Same as above
Big Beef 40 0.4 1.7 I 14 area, all seasons, west
of Big Beef Harbor.

Kitsap 6 Stavis Bay 6 0.1 2.2 F 66 W Sp
M8 WSpSF
Anderson Cove 9 0.2 2.1 M 8 W Sp S F
I 38 W Sp S F B-3

COMMERCIAL GEODUCK BED DATA

DNR Tract Area LBS.6 Avg. Flora and Fauna
Map Name (Acres) X 10 Wt. Species Season Comments

Kitsap 7 Apple Cove Pt. N. 190 5.4 1.5 Intensive development could
impact water quality.

Kitsap 8 Appletree Cove 314 4.9 1.8 Sewer outfall nearby.

Kitsap 9 President - Jefferson Pts. 182 2.6 1.8
Indianola 36 0.6 1.6 F 66 W Sp

Kitsap 10 Agate Pt. 75 1.2 1.8 F 66
F 75
Agate 20, 21, 22 156 2.0 2.3 Same as above

Kitsap 11 Illahee 60 2.9 1.7
Clam Bay 5 0.1 2.0 Near salmon pens.

Kitsap 12 Skiff Point N. 35 1.1 1.9
Agate Pt. See Kitsap 10 above

Kitsap 13 Fletcher Bay ? ? F 41
Skiff Point N. See Kitsap 12 above
Skiff Point S. 24 0.4 1.8
Yeomalt Pt. 174 2.3 1.7

Kitsap 14 Tyhee Shoal 195 3.2 1.6 Ferries, some pollution.

Kitsap 15 Blake Island 71 0.9 1.4
Blake Island E. 30 0.5 1.5

Kitsap 16 Pt. Southworth 158 0.6 1.4

King 1 Fern Cove 142 2.8 1.4 Intensive upland development
could degrade water quality
Dolphin Pt. 52 0.9 1.6 Same as above

King 2 Aquarium 65 1.0 1.3 Same as above
Vashon 150 2.2 1.5 Same as above B-4

*i*s

COMMERCIAL GEO*JK BED DATA

DNR Tract Area LBS.6 Avg. Flora and Fauna
Map Name (Acres) X 10 Wt. Species Season Comments

King 3 Vashon (Same as King 2)
Point Heyer 184 2.1 1.6 Same as above

King 4 Rosehilla 85 1.2 1.2 F 75 W F Same as above
Camp Sealth 6 0.1 1.3 F 66 W Sp

Pierce 1 Sunny Bay 28 0.5 2.2
Fox Island 56 0.5 2.7

Pierce 2 & 3 Glen Cove 360 2.7 2.5) M 8 W Sp S F Intensive upland development
Von Gelden 62 0.1 2.5 I 5 W Sp S F could degrade water quality.
16 WSp SF
I 11 WSp S F
F 41 W Sp S F

Pierce 4 Pitt Passage 1-6 263 2.2 2.1 B 76 S Near Gertrude Island
McNeil Island 34 0.6 1.9 M 2 W Sp S F Near Gertrude Island, seal
sanctuary
Still Harbor 80 1.2 1.9

Pierce 5 McNeil Island Penn. 57 1.4 1.9

Pierce 6 SW McNeil Island 60 1.1 2.5
Pitt Island 90 5.6 2.5
Drayton Harbor 170 7.0 2.0

Pierce 7 Otso Point 68 1.9 2.0 I 30 W Sp S F
Treble Pt. 28 1.6 2.2 I 38 W Sp S F

Pierce 8 Whitman Cove 44 0.6 2.4

Pierce 9 Herron Island 335 7.7 2.7

Thurston 1 Nisqually Reach 28 1.8 2.0 0 I 30 W Sp S F
Sandy Point 65 2.0 1.9 j I 38 W Sp S F
Dogfish Bight 83 2.6 2.3 B 16 W Sp S F At Nisqually
M 8 W Sp S F Delta nearby.
B 17 W Sp F
B 19 W F

COMMERCIAL GEODUCK BED DATA

DNR Tract Area LBS.6 Avg. Flora and Fauna
Map Name (Acres) X IO Wt. Species Season Comments

Thurston 2 (Same as Thurston 1)
Johnson Point 28 1.3 2.1 Marine nearby, potential
boat traffic problems.
Dickerson Point 88 4.1 2.9

Thurston 3 Dover Point 36 2.7 3.1 Intensive upland development
Cooper Point 6 0.3 3.0 could degrade water quality
Hunter Point 175 6.3 3.1 in all these areas.
Steamboat Island 76 1.8 3.5

Mason I Arcadia , 32 0.5 3.5 F 66 W Sp

Mason 2 Dougall Point 220 9.3 2.2 Sewer outfall nearby.

Mason 3 McMicken Island W. 60 1.1 2.1
McMicken Island S. 72 1.8 2.1
Buffington Lagoon 65 4.3 1.6 Intensive development could
deteriorate water quality.
Wilson Point 101 5.4 2.8

Mason 4 Hamma Hamma 4 0.1 I 14 W Sp S F
M8 WSp SF
I 38 W Sp S F
I 8 WSpSF

Island 1 Useless Bay 1-8 343 4.4 I 14 W Sp S F

Island 2 Pt. Partridge 130 1.0 1.1

B- 6

KEY TO FLORA AND FAUNA *

Birds Fish
B-1 Common Loon F-2 Lingcod
P-2 Arctic Loon F-7 Pacific Halibut
B-3 Red-throated Loon F-9 Rock Sole
B-5 Horned Grebe F-10 Dover Sole
B-6 Eared Grebe F-19 Pacific Cod
B-7 Western Grebe F-20 Pacific Hake
B-8 Double-crested Cormorant F-22 Walleye Pollock
B-12 Western Canada Goose F-23 Wolf-Eel
B-13 Black Brant F-24 Pacific Ocean Perch
B-14 White-fronted Goose F-41 Longnose Skate
B-15 Snow Goose F-66 Pacific Herring
B-16 Mallard F-75 Surf Smelt
B-17 Pintail F-76 Longfin Smelt
B-18 Green-winged Teal F-78 Capelin
B-19 American Wigeon
B-20 Northern Shoveler Invertebrates
B-21 Canvasback
B-22 Greater Scaup 1-3 Red Sea Urchin
B-23 Lesser Scaup 1-5 Ocean Pink Shrimp
B-24 Common Goldeneye 1-6 Northern Pink Shrimp
B-25 Barrow's Goldeneye 1-8 Spot Shrimp
B-26 Bufflehead 1-11 Coonstripe Shrimp
B-27 Oldsquaw 1-14 Dungeness Crab
B-28 Harlequin Duck 1-30 Octopus
B-29 White-winged Scoter 1-34 Sea Scallop
B-30 Surf Scoter 1-35 Rock Scallop
B-31 Black Scoter 1-38 Oysters
B-35 Parasitic Jaeger
B-36 Glaucous-winged Gull Mammals
B-37 Western Gull
B-47 Pigeon Guillemot M-2 Harbor Seal
B-48 Marbled Murrelet M-3 Northern Fur Seal
B-50 Rhinoceros Auklet M-8 River Otter
B-51 Tufted Puffin M-9 Dall Porpoise
B-53 Northern Phalarope
B-54 Great Blue Heron Marine Plants
B-55 Whimbrel
B-62 Least Sandpiper P-1 Sea Grasses
B-63 Dunlin P-2 Green Algae
B-64 Short-billed Dowitcher P-3 Brown Algae
B-66 Western Sandpiper P-4 Red Algae
B-67 Sanderling
B-68 Black Oystercatcher Important multispecies
B-69 Semipalmated Plover areas. **
B-70 Killdeer
B-71 Black-bellied Plover
B-72 Surfbird
B-75 Belted Kingfisher
B-76 Northern Bald Eagle

* Information on flora and fauna was obtained from data collected for the
report, Washington Coastal Areas of Major Biological Significance, June,
1981 update.
**Numbers in triangles refer to descriptions in Table 2 in above referenced
report.
B-7

APPENDIX C.
Maximum Sustainable Yield

Maximum sustainable yield (MY) describes the maximum productive capa-
city of a population in terms of the maximum harvest which can be removed
annually. This production includes the growth of the population biomass
(total weight of all individuals within the population) through the creation
of new meat, shell, progeny, etc. Harvest at MSY provides the greatest
long term yield possible from a fishery (Figure 1). Harvest at less than
MSY does not utilize the full potential of the resource to provide food
for human consumption, while harvest in excess of the MSY will lead to a
decline in the size of the population and in the resource available for
harvest.
The productive potential of a population is primarily determined by
the rate at which biomass in created through the growth of clams within
the population and through the entry of new clams into the population,
and by the rate at which biomass is lost due to mortality. The primary
factors determining the maximum sustainable yield are:
Rate of Growth The rate of growth is the annual increase in the weight
of an individual or cumulatively of the population. The rate of growth
reaches a maximum at some intermediate age (Figure 2) which for Puget
Sound geoducks is between 8 and 14 years. Clams of this age will gain
more weight per year than either very young clams or old mature clams.
Presently the geoduck population is dominated by very old clams which
have ceased growing and are no longer contributing to increased biomass. In
geoducks growth almost ceases after about 20 years of age, however, the
average age of geoducks in Puget Sound is around 45 years and clams as old
as 130 years have been observed. Thus the bulk of the population consists
of old clams which have ceased growing. At MSY the old slow growing clams
will have been removed by repeated harvest and the population will be
dominated by younger fast growing clams. Thus the individual clams and
the population as a whole will be accumulating weight and biomass more
rapidly.

C-1

M Y

w
Ad i

-IJ

Under I Over
V) / Utilization Harvest

/ ~~~~~~~~~~~~I
FISHING EFFORT

Figure 1. In any fishery the long term harvest increases with
increased fishing effort up to a maximum point (the maximum sus-
tainable yield, MSY). Beyond this point increased fishing effort
will cause a decline in the population and in the harvest.

200- duc ht

c/ -/

1000-

gain Per Year

0 - L . . � . I .
0 10 20 30 40 50
GEODUCK AGE IN YEARS
Figure 2. Geoduck growth. Individual geoduck clams grow very slowly
after about 20 years of age and thus contribute little new biomass to
the population. The greatest growth of geoducks occurs between the ages
of about 8 and 14 years. Populations dominated by these younger clams i
could support a greater annual harvest than could an old, slow growing
population.
C-2

Rate of recruitment. Recruitment is the entry of new individuals into
the harvestable size classes. The recruits are the clams which have been
spawned and have settled, grown, and survived to reach harvestable size.
The recruits eventually replace those individuals which are lost to
disease and predation or which are harvested. In geoducks the rate of
recruitment is the limiting factor in production with 30-50 years being
needed for a harvested area to be fully repopulated.
Rate of mortality. Natural mortality is the loss of clams to disease,
predation and other natural causes. Mortality in clams is very high
during the larval stages but after they become well established in the
substrate the rate of mortality is relatively constant and, in the case
of geoducks, is quite low.
Every year each clam is exposed to predation or disease. The older
a clam must grow before reaching harvestable size, the greater the possibility
that it will die before it can be harvested. By harvesting younger clams,
not only are they growing more rapidly, but clams are harvested which
would otherwise have been lost to disease, predation, etc.
At MSY these biological factors reach a maximum. The rate of biomass
accumulation is at its biological maximum for the prevailing environmental
conditions and the annual biomass gains from growth and recruitment exceed
that lost to mortality. Therefore, a biomass surplus is accumulated which
can be removed by fishing without reducing the sustaining population. If
fishing only removes this surplus (as in Figure 3) harvest will be in equi-
librium with production and this rate of harvest can be maintained indefi-
nitely as long as the environment remains constant.

-Figure 3. Sustainable yield. R
If growth (G) of clams in the
harvestable population and re-
cruitment (R) of new individuals
into the population exceeds the
loss of biomass to mortality (M),
a biomass surplus will accumulate. G .: G
If only this surplus is removed
by fishing (F) each year such that
G+R = M+F, then F is the sustain-
able yield which can be harvested ii
year after year without reducing E..'
the biomass of the population sup- .N.A
porting harvest.
'Supporting biomass

C-3

Calculation of MSY
A number of methods have been developed for mathematically estimating
the MSY of a population and have been tested in fisheries around the world.
The particular method actually used to estimate the MSY of a population
depends upon the characteristics of the species and the fishery, the amount
and type of available information and data, and the degree of accuracy
needed. In estimating the MSY for geoducks, the yield model of W.E. Ricker*
has been used, both for Puget Sound and in British Columbia.
Until recently, information has not been available for detailed
estimates of the MSY, for geoducks in Puget Sound. Estimates of the
allowable harvest have been made and then adjusted as new information
has become available. Initially, it was assumed that the production
of geoducks as limited by their growth rate and that a geoduck bed
could be harvested every 8 years (about 8 years is required for geoducks
to reach harvestable size). As more information has become available,
this estimate has been revised.
The rate of recruitment has since been shown to be the limiting
factor in geoduck production. Current harvest is at about 3 percent
of the harvestable crop which provides a 33 year rotation period to
allow harvested beds to be repopulated.

* The Ricker model (Ricker, W. E. 1975. Computation and Interpretation
of Biological Statistics of Fish Populations. Bull. Fish. Res. Board
Can. 191: Pg. 238-248) provides an estimate of the maximum sustainable
harvest of Equilibrium Yield (YE) for a given recruitment. The
model is: t=tA FtBt_(+et - Zt)

YE E t~x Ft Bt(1 + e2
where: t=tR
t time or age of the fish tX= maximum age of the fish
tR age when fish enters fishery Bt biomass of the stock
Ft = instantaneous rate of fishing Gt instantaneous rate of growth
Z instantaneous rate of mortality

C-4

Recent studies have provided information which allows a more
thorough evaluation of the MSY for geoducks in Puget Sound. Most of
this information is based on the recently acquired ability to deter-
mine the age of the clams by counting the internal growth rings in the
geoduck shell. The age of the clam is determined by counting these
rings just as in counting the rings of a tree. This aging ability has
allowed estimates of growth, mortality, and historical growth patterns
to be made and has established that geoducks are very long lived (to
130 years). The results of this analysis is currently being prepared
for publication and is undergoing thorough review both inside and out-
side the department. The final analysis will serve as the basis for
establishing the allowable harvest of geoducks from Puget Sound. Future
adjustments and refinements in the MSY will be appended to this plan
as necessary.
Optimum Yield
Maximum sustainable yield is the maximum productive capacity of a
population and has traditionally been the objective of fisheries harvest
management. Its usefulness, however, is limited because it only consi-
ders the biological productive capacity of the target population and does
not allow consideration of the economics of the fishery, or the techno-
logical limitations, or of the impacts of the fishery on the community
(e.g., employment, trade, tax revenues, community impacts, etc.), or
upon other organisms and the marine environment. A much more flexible
objective is the optimum yield (QY) which is the maximum sustainable
yield adjusted for relevant, economic, technological, social and environ-
ment factors. In the geoduck fishery the optimum yield is defined as
the harvest which provides the greatest net benefit to all the citizens
of the state.
In the geoduck fishery 19,545 acres of "major" geoduck beds have
been discovered with a population of approximately 280 million pounds.
Based upon an MSY estimated of 3 percent, 8.4 million pounds could be
harvested annually if this entire population was available for harvest.
However, because of economic, technological, social and environmental
factors only 8,378 acres are suitable for harvest, or about 165 million

C-5

pounds. These beds are classified as "commercial" and have been allo-
cated for commercial geoduck harvest by the Department of Natural Res-
ources. The MSY from these beds alone is then estimated to be 5 million
pounds per year (3 percent of 165 million pounds). This is the Optimum
Yield of geoducks in Puget Sound and is the WOF harvest goal. As
estimates of the MSY are refined or as new commercial beds are dis-
covered, necessary adjustments in the OY will be made.

Application to geoduck harvest.
Harvest at OY requires the sequential harvest of all the commercial
geoduck beds such that the last bed is harvested just as the first bed
is ready for reharvest. Thus at any one time all commercial beds will
be at various stages of recovery ranging from just harvested to ready
for reharvest.
If the individual tracts are completely harvested (clear cut),
reharvest will occur 33 years later on the average. In reality not all
the geoducks on a tract are harvested. Often less than 50 percent of
the geoducks are taken from a tract and reharvest may be possible in
less than 30 years.
The factor limiting the production of clams from Puget Sound is the
extremely slow rate at which geoducks recruit. If the promising efforts
at artificially rearing geoducks prove economically feasible, WDF and DNR
will eventually reseed harvested geoduck beds with hatchery reared seed
clams. In this case the MSY of the stock will be limited by the time
it takes for clams to grow to harvestable size (about 4 to 10 years)
which should allow the annual harvest to be increased 2 to 3 times with
reharvest as frequent as every 10 years.

C-6

APPENDIX D

Three Year Commercial Geoduck Harvest Plan

Auction Date Harvest Term Location
5/81 6/81 - 5/82 Thurston County
(Hunter Point)

10/81 6/82 - 5/83 King and Pierce
Counties

1/83 - 12/83 Pierce County

1/84 - 12/84 Kitsap County

APPENDIX E.

Agencies to be Notified of Harvest Plans

The following agencies and groups will be notified of all geoduck harvest
proposals and of any revisions or updates of the geoduck management plan.

Supervi sor Inter-Agency Coordinator
Shorelands Division Department of Game GJ-11
Department of Ecology PV-11 Olympia, WA 98504
Olympia, WA 98504

Supervisor, Shellfish Program Chief, Research & Long-Range Planning
Food and Housing Section Wash. St. Parks and Recreation Comm.
Dept. of Social and Health Services KY-1i
LO-1i Olympia, WA 98504
Olympia, WA 98504

Coastal Zone Coordinator Division of Ecological Services
National Marine Fisheries Service U.S. Fish and Wildlife Service
P.D. Box 4332 2625 Parkmont Lane, Bldg. B-3
Portland, OR 97208 Olympia, WA 98502

All counties having identified commerical geoduck beds.

All current holders of DNR geoduck harvest tract leases.

Other individuals and groups upon request.

Other agencies will be notified as necessary. These would include the following
agencies which own property adjacent to commerical geoduck tracts or which op-
erate in the waters adjacent to and over these tracts:

U.S. Coast Guard U.S. Navy

U.S. Army Native American Tribes

E-1

STATE OF WASHINGTON
W tE PARTt1CNT OF NAT uRAL RE SOURCE S
BRIAN J. BOYLE, COMMISSIONER OF PUBLIC LANDS 11 ENVIRONMENTAL IMPACTS
(Explanation Of all "yes" and "ii3ybe" answers are required)
Ye-s maybe NIO
ENVIRONMENTAL CHECKLIST (1) Earth .Will the proposal result in: _

Application No. _.N/A ____(a) Unstable earth conditions or in changes in
Project Title Lease of state-owned subtldal bedlands for thegelicsbtuurx
AraKing Co. -: Tramn -p Harl r-- conmmercial harvest of geoducks 'kb) Disruptions, displaceilents, coiipaction or
AraPioarce C C -trr nc/om n overcoveriny of the soil? ___
District/County ____-.(c) Chanrge in topogralphy or qlround surface
Legal re]lief feature?' -.-
Subdivisin on ----(d) The destruction. covering or modification of
Sec.__ T. R . W .M. any unique geologic or physical features? ____
(e) Any increase in wind or water erosion of soils,
I. BACKGROUND either on or off the site? x
1. Name of Proponent Department _f. Natural Resources (f) Changes in deposition or erosion of beach
2. Address and Phone Numbier of Proponent sands, or changes in siltation, deposition
Public Lands Building ___-----or erosion which say miodify the channel of
- Olympia WA 98504 ______-._______________-_______ --a river or stream or the bed of the ocean or
c__a T-_s3--3703 any say, inlt or lake? x
3. Date Checklist Submitted:_N/A
4. Agency Requiring Checklist: ON D____ Explanation: -See-attachment.
S . Name of Proposal, if applicablec: -__-________-_____ ______
Same as above _________
6. Nadternr a nd Br i ef De!s c r ipt i on of thtie Pr opoUSalI (in clIu d ing b ut n ot Ilimi t ed-._____-
t o i ts s i ze, ge n eralI de s ign eI rleiim t s , aniid o th er f a ctours t ha t wil gle I - - - -------- --------- - -- - --r -
anr ac cu ra te onde rs ta n d ing o f i ts s c ope a nd na t ure) --- ------ - -- -V
See attachm e n t ~ ~ ~ ~ __________ (2) Air. Will the proposal result in: m
- - - (a) Air emissions or deterioration of aiitient) air i ss on c rde1:e io a ion i ambi nt ir C
_______ ___________-- ~~~~~quality?
Ib) cbiisatiiei of objectionable odors? XI-

______ - ~~~~~~~~~~~~~~~~~~~(c) Al teroticon of air movenent , moisture or temper-
7. Location of Proposal (describe the physical setting of the proposal , as ature, or any change in climate, either locally
well as the extent of the land area affected by any envirconmerntal impacts, or regionally?x
including any other inforioation needed to give an accurate understanding ri-
of the environmental setting of the proposal): Explanation: Engines powering the auxiliary equipment w~il contribute a
See at achm e n t ~ ~ ~ ~ ~ ~~~~~~~~~~~very minor Increase of aIr emaission.N gfcatdero-lnf
See attachment ~~~~~~~~~~~~~~~~~~~abieti;n air quality would occur.___________

----- - - --- - - - - -- - -- - - ~~~~~~~~~~~~~~~~~~~(3) Wa ter. 11111Ithe, proposal result iii:
II. Es timated ha to for Comp let ion of the Proposal : (a) Changes in currents, or the course of direction
Tracts will be ]eased for one (i)_year sltarti:T~aj~ngry ij_982 --of water mioveinents, in either marine or fresh
9. List of all Permit, Licenses or Government Approvals Required for clue waters? x
Proposal (federal, state and local -- iiicluding iezones): (b) Changes iii absorption rates, drainage patterns,
Dept._of_1 Fi sheries - tract license � personal di ving 1i censeoepr_ nppaSy~n or the rate and ariouiit of surface water runoff? __
of Soia I Health Service cercifica ion of-geoduck harvest area as
being sfe fro oetcswg o te ore fhat eae o uat (c) Alterations to the course or flow of flood

10. DO YOU have any plans fur future additions, expans ion, or further ac-wae?
tivity related to or coiinected with this proposal? If yes, explain: (d) Change in tlie amount of surface water in any
Yes, select tracts are leased annually based upo anngm ytem of W~it('r bodiy? X
rotationel harvest from a set acreage of coxeierc! lly ha restable geoduck beds ()Dshreiit ufc aes*o nayatr
11. Do you knoiw of any plans by others which slay affect the property covered ation of surface water quality, including but
by your proposal? If ye,,,, pxpl~~~~~~~~~~jjn: ~not imiiiited to temperature, dissol ved oxygen
No. your prpsl fys xli:0turbidity?

f)Al teraition of the direction or rate of flow of
12. Attach anly Other appl icat ion forii that has been completed regarding the ground waters? x
Pro)posal~ if ()iion hmas been coimpleted, but is expected to be filed at
Spare future date, describe tie soture of such appl ication forum:

RES 30-1802(REV)(4-8l) I RES 30-1302(REV)(4-111) 2

Yes daybe No Yes Maybe No

(g) Change in the quantity of ground waters, either (7) Light and Glare. Will the proposal produce new light
through direct additions or withdrawals, or or glare? X
through interceptions of an aquifer by cuts or
excavations? X Explanation: Geoduck harvesting Is authorized only from sunrise but not
before 6:00 am to � hour before sunset and thus, light and glare will not be a
(h) Deterioration in ground water quality, either sg-r-inif-at-1m -rc-
through direct injection, or through the seep- (8) Land Use. Will the proposal result in the alteration
age of leachate, phosphates, detergents, water- of the present or planned land use of an
borne virus or bacteria, or other substances area? x
into the ground waters? X
(~i~) Reduction in the amount of water otherwise Explanation: Geoduck harvesting Is a temporary use and will only be
(1) Reduction in the amount of water otherwise permitted for one year in these tracts.
available for public water supplies? - - x permitted for one year in these tracts.
available for public water supplies? X

Explanation: Dlver harvest of geoducks by water jets temporarily Increases
turbidity In the Immediate vicinity. Changes in dissolved oxyrlcn and
tperature do not occur_Suspendedmateral settles out fairly ra (9) Natural Resources. Will the proposal result in:
(a) Increase in the rate of use of any natural
resources? x

(4) flora. Will the proposal result in: (b) Depletion of any nonrenewable natural resource? X
(a) Change in the diversity of species, or numbers Explanation: Commercial harvesting will increase the use of geoducks; however,
of any species of flora (including trees, shrubs, such stocks are being managed on a renewable, sustained yield basis.
grass, crops, microflora and aquatic plants)? X
(b) Reduction of the numbers of any unique, rare or
endangered species of flora? X
(c) Introduction of new species of flora into an an explosion or the release of hazard-
area, or in a barrier to the normal replenish- ous substances (including, but not
ment of existing species? _- - limited to oil, pesticides, chemicals
(d) Reduction in acreage of any agricultural crop? X or radiation) in the event of an acci-
dent or upset conditions? x
Explanation: Eelgrass, due to Its photosynthesis requirements, rarely
mfl occurs In areas below the minus 18 to 20 foot contour. This would be the Explanation: The risk of a fuel spill from a geoduck harvesting boat Is no more
fringe area havinq a limited number of plants and densities. Due to the or less than any other powered pleasure craft or commercial fishing boat.
selective nature of geoduck harvesting eelgrass or kelp would not be impacted.
No eelgrass or kelp was found In the proposed harvest areas.

(5) Fauna. Will the proposal result in: (11) Population. Will the proposal alter the location, dis-
tribution, density, or growth rate of the
(a) Changes in the diversity of species, or numbers human population of an area? x
of any species of fauna (birds, land animals
including reptiles, fish and shellfish, benthic
organisms, insects or microfauna)? Explanation:

ob) Reduction of the numbers of any unique, rare, X (12) Housing. Will the proposal affect existing housing, or
create a demand for additional housing? X
(c) Introduction of new species of fauna into an
area, or result in a barrier to the migration Explanation:
or movement of fauna? X . _ .______
(d) Deterioration to existing fish or wildlife (13) Transportation/Circulation. Will the propusal result in:
habItat? X (a) Generation of additional vehicular movemrent? X
Explanation: See attachment. (b) Effects on existing parking facilities, or demand
for new parking? X
(c) Impact upon existing transportation systems? -X
(d) Alterations to present patterns of circulation
or movenent of people and/or goods? x
(6) Noise. Will the proposal increase existing noise (e) Alterations to waterborne, rail or air traffic? _ _X
levels? X
(f) Increase in traffic hazards to motor vehicles,
Explanation: See attachment. bicyclists or pedestrians? X
Explanation: Geoduck boats engaged in harvesting will temporarily alter
the travel or waterborne craft in the manner of a slight detour. Harvesting
w- Ili not --e-pemitted on S ays. _ _ _ _ _

RES 30-1802(REV)(4-81) 3 RES 30-1802(REV)(4-81) 4

yes rhybe s o Y es~~~~~~~~~~__ MaYbeF No

(14) Public Services. will the presalt hav an nefed orn (19) Aesthetics. Will the proposal result in the ob-
uoor reslted ioen a need feri ne struction of any scenic vista Or view
in alyfthere govermental servieas: oen to the public. or will the proposal
in any of Use following areas, ~~~~~~~~~result in the creation of an aesthetically
Ca) Fire protection? Ioffensive site open to the public view?X
(b) Police protection? X Explanation: See attachment _______

-IC) Schools?

(d) Parks or other recreational facilities?

(e) maintenance of public facilities. Including
reads?~~~~~~~~ - (19) Recreation. Will the proposal result-in an iepact
(f) Other governmental services? X ~~~~~~~~~~~upon the quality or quantity of existing
(f) Other governme n t a l s e r v i c e s ? ~~~~~~recreational opportunities? X - -
Explanation: Use- of local marinas or boat launch tramps to unload geoduck xaato.Setacmn
catch dai ly will be controlled so that recreational boat access is not Epaain

(15) En!rf will the proposal result in: (20) Archaeological/Hittorical. Will the proposal result

()Use Of substantial amounts of fuel or energr? __in an alteration of a sig-
_ __ ~~~~~~~~~~~~~nificant archaeological or

(b) Demand upon existing sources of energy, or hisjet or bicldsite. s t ruc tur.
rqiethe development of new sources ofo b e trbulig
energy? X Explanation.

Explanation:

in1. SiIGATURE

1. the undersigned. state that to the best of my knowledge the above information
Is true and complete. It is understood that the lead agency may withdraw any

(16) Utilities. Mill the proposal result in a need for declaration of nonsignificance that it might issue in reliance upon this check-
nesse__oraleatosohfl list should there be any willful misrepresentation or willful lack of full dis-
lowing utilities:clsronmpat

(a) Power or natural gas? -

(b) Cormmuications systems? - Xl~s.t~~

Wc ater? - . Date:

Cd) Sewer or septic tanks? - 4, '

Ce Storm water drainage? - K. Approved by: I. (

U) Solid waste and disposal? - -I xtite: .,

Explanation: Date:______

(17) Hunan Health. Will the proposal result in the
creation of any health hazard or
potential health hazard (excluding
rental health)?- - -

Explanation:

aRt iinfri.r~ES 1D-1802(REV)C4-81) 6 -10(E1(-1

Environmental Checklist
Attachment

I. BACKGROUND

6. Nature and Brief Description of Proposal

Diving surveys Initiated In 1967 by the Washington Department of Fisheries have
demonstrated that a substantial stock of subtidal geoducks exist in Puget Sound
and the Strait of Juan de Fuca (Goodwin 1973). A limited-entry commercial fishery
started In 1970 to harvest this previously unexploited resource. Landlings from
this fishery have averaged about 5,736,000 lbs. per year for the years 1974-79.
The primary market for these large clams Is Japan.

The Department of Natural Resources (DNR) annually leases by auction specific
tracts of subtidal land for the commercial harvesting of geoducks. The Revised
Code of Washington (RCW 75.24.100) authorizes the harvest of subtidal geoduck
stocks from State-owned beds of navigable water lying below the -18 foot tide level
and more than 200 yards offshore from mean high tide. These boundaries are
recent revisions to the law; prior to 1979 leasable gaoduck beds had to be deeper
than -10 feet and at least 1/4 mile offshore,

Commercially harvestable geoduck stocks are completely beyond the reach of sport
clam diggers and only obtained occasionally by SCUBA divers for personal use. Tracts
will be leased for a period of one year. Each lease is controlled through close
coordination between the Department of Fisheries and Department of Natural
Resources. Survey of the tracts by Fisheries has determined that the quantities
and size of geoducks are suitable for commercial harvesting, as are substrates and
water depths.

All commercial harvesting will be done by divers using hand operated water-
pressurized nozzles. The most efficient method of diving is with surface-supplied
air pumped by a low pressure compressor. Air is supplied through a flexible hose
to a face mask worn by the diver. Diving support vessels vary with each harvester,
but are usually 20 to 40-foot inboard boats. The number of divers working on the
bottom at one time is normally limited to two per boat due to hose control problems.

The present approach to managing the geoduck fishery involves the concentration
of relatively small tracts in a common geographical area. This greatly enhances
the State's ability to properly enforce the laws pertaining to the fishery. Geoduck
beds are divided into tracts whose boundaries are identified by sight lines to
landmarks and/or posts if landmarks are absent. Where feasible, reference buoys
will be placed at the -18 foot contour or 200 yards from mean high water, whichever
is further seaward. Harvesting outside the designated tracts is illegal and proven
violations are subject to suspension of operations. Geoduck harvesting Is authorized
only from sunrise (but not before 6:00 a.m.) to 1/2 hour before sunset and is not
permitted on Sunday.

7. Location of Proposal

The location of the proposed geoduck harvesting tracts are shown on the attached
vicinity maps. Site-specific information on geoduck size and relative abundance,
water depths, and substrate composition is available through the Department of
Natural Resources.

P-4

Attachment
Page 2

II. ENVIRONMENTAL IMPACTS

(1) Earth

The fishery is restricted to divers who harvest the clams one at a time with hand
operated water jets. The action of the water jet is to loosen the substrate
material around the clam until it can be removed from the bottom by the diver.
The water jet produces a small hole in the substrate for each geoduck harvested.
Immediately after harvest, the holes are partially filled with an emulsion of loose
substrate particles and water. A typical hole produces by the water jet is shown
in Figure 1. Experienced divers can harvest several hundred geoducks each day,
thus producing an equal number of sm-iall holes in the substrate.

substrate surface berm

hOle depth

disturbed depths otad-d

water suspension

Figure 1. Diagrammatic side view of a typical geoduck harvest hole
immediately after harvest.

Goodwin (1978) has done a study to assess the effects of geoduck harvesting in an
experimental site in Hood Canal. The harvested area was noted as obviously dif-
ferent in appearance with an uneven substrate surface. Harvest holes were evident
throughout and a large amiount of old clam shell and shell fragment had been uncovered
by the action, of the water jet.

' The holes made in the substrate by the water jet were studied to determine size,
sediment characteristics and refill time. Measurements were taken of the diameter
at the surface (average = 37.3 cm), the depth the substrate was disturbed by the
jet (average = 46.2 cm), and the depth from the surface to the bottom of the hole
(average = 8.2 cm). This latter measurement indicates that all but 3-4 inches of
the hole is immediately filled by an emulsion of loose material. After 4 days the
holes had filled in considerably more and decreased the disturbed depth. In effect,
this means that the substrate within the holes "*as becoming compact.

Results of the sediment analysis revealed that harvesting does not significantly
affect the substrate in the harvested area as a ;.roebut does affect the substrate
* composition in the harvest holes. The percentage of finer sediments (silt and
clay) was less in the harvest holes. The action of the water jet put fines into
suspension which were carried away resulting in fewer fines in the harvest holes
compared to the undisturbed area nearby.

F- 5

Attachment
Page 3 I

In regards to refill time, the harvest holes in Hood Canal began filling in within
a few days and were completely filled and had lost their identity after seven (7)
months. In another study conducted in Agate Pass, refill time for geoduck harvest
holes varied from 9 days to 5 months. The primary factors appeared to be the
strength of the tidal currents and the substrate composition. Holes in sandy
substrate with swift currents in the area filled in rapidly.

(5) Fauna

Geoduck abundance will obviously be reduced in the tracts proposed for harvesting.
However, the harvestable stocks are being managed as a renewable resource. Harvest-
able is emphasized because there exists a considerable population of geoducks in
Puget Sound and the Strait of Juan de Fuca that are either unobtainable with present
methods (generally deeper than 60 feet) or are not authorized for harvest (shore-
ward of 200 yard limit). The latest estimate of acreage and geoduck population in
all areas surveyed prior to 1979 is 33,799 acres with 117,653,000 geoducks. However,
these figures are based on the previously established boundary of 1/4 miles;
reducing this boundary by a little over one half the distance may double the acreage
and numbers of geoducks. Even at that, these figures are believed to be very
conservative since they do not include geoduck beds in the deeper waters nor geo-
duck populations within 200 yards of shore. Of the approximate 34,000 acres surveyed
to date, 2,800 acres have been found to be commercially harvestable taking into
account clam abundance, size and quality; water depths; substrate; exposure to
wind and waves; and water quality. With revised boundaries the harvestable acreage
may increase to 5,000 - 6,000 acres. The total harvestable acreage is being managed
on a rotational basis so that a certain acreage can be harvested while the remainder
is left fallow to repopulate.

Goodwin (1978) has also studied the potential effects of geoduck harvesting on
associated benthic organisms. The dominant animals forms associated with geoduck
beds are normally those that are buried in the sand and mud (benthic), rather than
those that move about or are attached to the surface. The benthic organisms in
terms of numbers and weight in the study area were dominated by clams (Transenella
sp. and Macoma inconspicua), ghost shrimp (Callianassa sp.) and various kinds of
polychaetes. The epifauna, at least during daylight hours, was dominated by crabs
and various species of soles and flounders.

The benthic data, being variable, complex and difficult to analyze, did indicate
a slight reduction in the numbers and weights of small organisms retained on a
1 mm mesh. Possibly these organisms, like the fine sediment, were carried away by
current action. Overall no major decreases in standing crops of benthic organisms
were observed.

The proposed geoduck harvesting sites were evaluated in respect to possible impact
on critical marine habitats. Based on field surveys, the county's Coastal Zone
Atlas and DNR's Marine Atlas, no critical habitats are present in the harvest
locations. Surf smelt spawning occurs on the intertidal beaches near Rosehilla and
Piner Point but this activity would not be impacted by geoduck harvesting conducted
200 yards offshore. Pacific herring also utilize Quartermaster Harbor for spawning
with some spawning activity occurring near Rosehilla and Piner Point but due to the
shallow water depth of this activity geoduck harvesting will have no effect.

F-6

Attachment
Page 4

(6) Noise

The geoduck harvesting operation involves two primary sources of noise, that
from the vessel itself and that generated by pump or compressor engines placed
on'board the vessel to power the water jets and the life support system.
(Auxiliary equipment.)

Engine noise emanating from the support vessel itself would be minimal since the
engine is shut off once the vessel is in position. The only engine noise would
occur upon entering or leaving an area and when repositioning the vessel. Engine
noise levels (usually a result of inboard or inboard/outboard exhausts) would be
the same as any other similar watercraft on Puget Sound.

The noise levels generated by the auxillary equipment placed on the vessels
presents a less defined situation. In most cases the auxillaryequipment is
placed in the hold to provide more working space on deck. If located on deck it
is usually well shielded and, in either case, the equipment is usually well
muffled. The necessity of maintaining communication with the divers and adequate
working conditions requires good muffling systems.

The noise levels resulting from various geoduck boats have been determined by
on-site monitoring. The highest noise levels observed resulted from one
particular boat to which the auxillarvequipment was housed above board. Maximum
noise levels of 58-61 dBA were measured 100 feet from the boat. Contrasted to
that, another geoduck boat with equipment in the hold generated maximum noise
levels of 53-55 dBA, again measured about 100 feet from the boat.

With just this data, it is possible to predict approximately the noise levels
occurring on the adjacent shorelines where, in some cases, private residences are
located. At distances farther than 100 feet from a boat, the noise levels will be
reduced by 3 to 6 dBA for every doubling of distance. Over water of a semi-
turbulent nature the reduction would be about 4.5 dBA. Thus, after the noise had
traveled a minimum distance of at least 200 yards to the shoreline, the noise
level would be reduced by the following increments.

Distance Noise Level (dBA)
(in feet) Boat I Boat 2
100 58.0 - 61.0 53.0 - 55.0
200 53.5 - 56.5 48.5 - 51.5
400 49.0 - 52.0 44.0 - 47.0
600 (200 yds) 46.7 - 49.7 41.7 - 44.7
800 44.5 - 47.5 39.5 - 42.5
1600 40.0 - 43.0 35.0 - 38.0

When Boat 1 was not operating, the background noise level on the shoreline was
measured and found to be in the range of 39-41 dBA at its most consistent level.
The difference between background and operating noise levels in this case is
then 5-10 dBA. This degree of noise level increase is enough to be noticeable
particularly when the boat operates continuously in one location for an extended
period of time. In comparison, Boat 2 with a noise output of 0-5 dBA over
background levels would be -much less noticeable and, at times, may not even be
discernable.
F-7

Attachment
Page 5

It has been determined, from studies compiled by the Environmental Protection Agency,
that most people will tolerate a small increase in the ambient sound level without
compliant (up to 5 dBA). Increases greater than 5 dBA may cause complaints particu-
larly if the increased level is causing interference with sleep or communication.
Increases above 10 dBA are likely to cause complaints. The extent of noise level
increases presently resulting from the operation of existing geoduck boats is such
that complaints would not generally be expected, notwithstanding the exceptional
cases. Furthermore, geoduck boats are considerably below the maximum permissable
environmental noise standard of 55 dBA applicable to residential or recreational
shoreline areas (refer to WAC 173-60). The fact that harvesting is restricted to
daylight hours and Monday through Saturday only also minimizes the impact of any
noise level increases. The DNR harvest contract currently specifies noise levels no
greater than 50 dBA and is considering the feasibility of greater restrictions for
the new harvest areas.

(18) Aesthetics

Geoduck harvesters commonly use boats of 20 to 40-foot size which typically remain
anchored in roughly the same location during a day's operation. Over the one year
period allotted harvesting in these geoduck beds, boats may be situated anywhere
within the tract boundaries. No more than one boat will be permitted in each tract.
If tracts are combined under common ownership, then two boats can operate over the
total area.

It is difficult to assess the visual impact attributable to the presence of geoduck
boats. However, due to the size and spacing of the tracts, some boats would only be
visible as distant objects.

The overall visual impact is not expected to be significant because (1) geoduck boats@
are commercial fishing boats and as such, are generally an acceptable and frequent
sight on marine waters, and (2) geoducks boats will only be present for a period of
one year.

(19) Recreation

Sport salmon fishing occurs near the Fox Island, Sunny Bay, Manzanita, Piner Point,
Elgin and Minter Creek tracts. There is also some non-salmon sport fishing in these
same areas in addition to Glen Cove and Carr Inlet tracts. By limiting harvest to
one vessel per tract and a safe zone of 300 feet around the vessel only a small
part of the available fishing area will be impacted. On Sundays all the area will
be available. For these same reasons there will be only limited impaction commercial
salmon harvest near Elgin, Minter Creek, Pt. Heyer and Robinson Point geoduck tracts;
and on the commercial bottom fishing near Pt. Heyer, Robinson Point, Manzanita,
Piner Point and Sunny Bay. At times, high concentrations-of salmon sport fishermen
utilize the Fox Island and Sunny Bay areas. To further reduce possible user conflict
in this area, no harvesting will be permitted on Saturday, Sunday, Memorial Day,
4th of July, and Labor Day.

LITERATURE CITED

Goodwin, C.L. Subtidal Geoducks of Puget Sound, Washington, Wash. Dept. of
Fisheries Tech. Rept. No. 13, August, 1973.

Goodwin, C.L. Some Effects of Subtidal Geoduck (Panope generosa) Harvest on a
Small Experimental Plot in Puget Sound, Washington, Wash. Dept. of Fish.
Progress Rept. No. 66, May 1978-.

F-8

APPENDIX G*
SAMPLE GEODUCK HARVEST AGREEMENT
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
BRIAN J. BOYLE, Commissioner of Public Lands

AGREEMENT: Commercial Harvest of Geoduck Clams from Beds of Navigable Waters

AGREEMENT NO.

THIS AGREEMENT, made by and between the State of Washington, acting by and
through the Department of Natural Resources, hereinafter called the "State" and

hereinafter called the "Permittee".

WITNESSETH, that for and in consideration of Two Thousand Dollars
($2,000.00) paid at time of bid opening as a deposit to be applied at the
Permittee's option to the bonus bid or royalty payment or surety bond and in
consideration of the bonus bid in the sum of
and /100 Dollars ($
to be paid to the Commissioner of Public Lands, one twelfth (1/12) ( )
to be paid on or before , 19 , with one twelfth
(1/12) ($ ) due on or before the Ist of each succeeding month for
twelve (12) consecutive months, or until paid in full, plus royalty as herein-
after set forth, and in consideration of the covenants hereinafter contained,
the State conveys and lets unto the Permittee the right to commercially harvest
geoduck clams, not to exceed pounds, from the
tract or parcel of the bed of navigable waters
situated in County, State of Washington, as follows:

The Geoduck Tract, as shown on the
official map on file in the office of the Commissioner of Public Lands at
Olympia, Washington, and as per Exhibit "A" attached hereto.

1. Term: This agreement shall commence , 19 and
continue for twelve consecutive months, ending , 19

An extension of the harvest agreement up to two months to accomplish 192
working days will be allowed. The extension will be granted for mitigating
circumstances on a case-by-case basis. The Department requires immediately
notification of those days where conditions or problems prevent or limit
the working day. No extensions will be granted for time lost due to
enforcement action resulting in tract, vessel, or operator suspension.

2. Royalty: The Permittee shall pay to the Commissioner of Public Lands, of
the State of Washington, a royalty of three (3) cents for each and every
pound of whole geoduck clams harvested. Payment of said royalty shall be
made monthly, not later than the fifteenth (15th) of the month following
the calendar month of harvest.

3. Reporting: Said royalty payment shall be accompanied by completed copies
of the State of Washington, Department of Natural Resources, monthly
Geoduck Removal Statement showing the fish ticket numbers, total numbers
and poundage of geoduck clams harvested from each tract, by each harvest
vessel, together with date of sale.

4. Penalty: If complete report of harvest, and royalty payment is not made by
the fifteenth (15th) of the month following the month of harvest, or bid
payment is not received by the first (lest) of each month, all harvesting
activities may be suspended. A penalty of 1% per month will be charged for
all overdue accounts. If royalties, bid payment and penalties have not
been paid prior to thirty (30) days following the month of harvest, the
harvest agreement may be cancelled, and the surety bond forfeited.

5. Operator: The term operator in this agreement shall mean the Permittee,
its agents, employees or representatives or any person or entity
contracting with or harvesting for the Permittee including but not limited
to divers, harvesters, tenders and vessel operators.

*Terms and conditions of this contract are changed
periodically to respond to management needs or site-
related environmental concerns.

G-1

6. Termination: The Permittee may cancel or extend, for the term of shutdown,
this agreement if any governmental agency shall impose a shutdown period
which exceeds thirty successive days, when such shutdown is not caused by
any actions of the Permittee or its operators. Upon no fault termination
of the agreement the Permittee shall be reimbursed by the State for the
prorated unused portion of the bonus bid, less any royalties due the State.

7. Compliance: (1) The Permittee and its operators shall comply with
applicable laws and regulations of any Federal, State and Local authority
affecting the premises and the use thereof, and in particular, shall abide
by the statutes and license requirements, rules and regulations promulgated
by the State of Washington, Department of Fisheries, in connection with the
commercial harvest of geoduck clams, and all applicable commercial diving
safety standards and regulations promulgated and implemented by the Federal
Occupational Safety and Health Administration. Violations of such
regulations by the Permittee and its operators shall be cause for
suspension or cancellation of this agreement.

(2) In the event that said Permittee and its operators are found
engaging in off-tract harvesting, or fail to report all geoducks harvested,
this agreement will be subject to suspension or cancellation. Should the
suspension or cancellation be contested, an opportunity will be offered for
a hearing before a hearings officer, designated by the Commissioner of
Public Lands, under the Administrative Procedures Act. (RCW Chapter 34.04)
See RCW 79.01.570.

Any off-tract harvesting will be conclusively presumed to be with the
knowledge and consent of the Permittee. Permittee is responsible for
assuring that only properly licensed or approved divers and operators are
allowed to harvest on his tract. The Permittee will also be responsible
hereunder for notifying all persons harvesting on the above described tract
or parcel on Permittees behalf, the location of tract boundaries, required
on vessel documents, approved off-loading point(s), harvest reporting
requirements, hours and days of operation, contract provisions and
instructions, the applicable statutes and licensing requirements, rules and
regulations promulgated by the State of Washington, Department of Fisheries
and the Federal Occupational Safety and Health Administration.

(3) The Permittee shall cause to have efficient operating noise
abatement devices installed and properly maintained on all equipment during
harvesting operations. Such equipment shall be maintained and operated in
such a manner as to not exceed 50 dBA at 200 yards. Temporary waivers may
be granted in special circumstances, but in no case, will noise levels
exceed the Department of Ecology noise standards contained in WAC 173-60.

(4) Permittee shall provide for approval by the Department of Natural
Resources designated off-load location(s) for said tract. If deemed in the
best interest of the Public or the State off-load location(s) can be
disapproved for the tract or for specific vessels and/or operators.
Permittee and its operators will off-load harvested geoducks only at the
approved off-load point(s). Failure to utilize approved off-load point(s)
shall be a basis for suspension or cancellation of this agreement and/or
disapproval of vessel(s) and/or operators.

(5) The Department of Natural Resources shall have the right to
disapprove harvest vessels and/or operators for violations of Fisheries
regulations, contract provisions or actions deemed not in the best interest
of the public or the State. In the event-that the said Permittee,
continues to allow disapproved vessels and/or operators to continue to
harvest after notification of disapproval, then this harvest agreement will
be subject to suspension or cancellation.

(6) The State can require operators to provide legible dive time and
harvest data for all harvesting activities.

(7) Documents specified by the State as necessary for the Permittee
and its operators to be knowledgeable of the harvest area, harvest
operations and reporting procedures including but not limited to maps and
sight line photos of the harvest limits shall be onboard the harvest vessel
at all times during harvesting or transport of geoducks.

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G-2

(8) Without prior State approval only one specific vessel can harvest
on the above noted tract on any specific day. Without prior State
approval, the specific vessel(s) harvesting on said tract shall not work on
any other tract in the same day. This includes harvest activities prior to
or after harvest activities on said tract.

(9) The State can require validation of harvest quantities and/or
designated off-load times.

(10) Not exclusive of other remedies, the State may charge the
Permittee up to three times the geoduck value (based on average weight,
total estimated commercial poundage available, bid plus royalty) for
off-tract harvest.

(11) Department of Natural Resources and Fisheries personnel or
designated agents shall have the right to check vessels, vehicles, scales,
nozzles, logs, records, and to make such investigations and to secure or
receive any material or information necessary to determine that the
contract provisions of this agreement are being carried out. If the
Permittee or its operators fails to submit or to cooperate with requests
or investigations, then this harvest agreement will be subject to
suspension or termination or disapproval of harvest vessels and/or
operators.

Violations of the aforementioned contract provisions by the Permittee
or its operators shall be cause for suspension or cancellation of this
agreement, and/or suspension or cancellation of approval of harvesting
vessels and/or operators, and/or disapproval of off-load locations in total
or for specific vessels and/or operators.

8. Audit: The Permittee and its operators shall keep an accurate record and
account of all geoducks harvested from the above noted tract, and the
Department of Natural Resources and Fisheries shall have the right to
inspect the books and accounts of the Permittee or its operators in the
interest of the State, make such investigations and secure or receive any
other material or information necessary to determine whether or not the
State is receiving full payment for the geoduck clams harvested. Said
Permittee hereby covenants and agrees to make available such books and
accounts for such State inspections during business hours.

9. Liability: The Permittee will protect, save and hold harmless the State,
its authorized agents and employees, from all claims, costs, damages or
expenses of any nature whatsoever arising out of or in connection with the
use of the area described in this agreement, including any damages which
may be incurred as a result of a determination by Federal, State, or Local
Government Agencies, that permits are required for harvesting activities.

10. Equipment: Harvesting equipment must be presented to the Department of
Fisheries for inspection and approval, or be in conformance with the
provisions of WAC 220-52-019.

11. Assignment: This agreement, or any portion thereof, may not be assigned,
mortgaged, sublet or otherwise transferred without the prior written
consent of the State. Failure to obtain written approval of any assignment
defined in this agreement shall be grounds for cancellation.

12. No Partnership: The State is not a partner nor a Joint venturer with the
Permittee in connection with the business carried on under this agreement
and shall have no obligation with respect to the Permittee's debts or other
liabilities.

13. Notices: Any notice required or permitted under this agreement shall be
given when actually delivered or when deposited in the United States mail
addressed as follows: To the State: Department of Natural Resources,
Public Lands Building, Olympia, Washington 98504. To the Permittee: At
the address given by the Permittee in the signature block or as shown on
later official documents of record with this agreement.

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G-3

14. Bond: As a guarantee of the full and faithful performance of this
agreement including but not limited to payment of bonus bid, and for the
payment of all royalties due the State, the Permittee shall deliver at the
time of signing this agreement a cash deposit, surety bond or other
security acceptable to the State in the amount of
and /100 Dollars ($ ) in favor of the "State."
If harvest production causes monies owed to the State (royalties plus bonus
bid) to exceed the State's equity (residual tract value and bid payments)
additional bonding as specified by the State and/or reduction in harvest
rate and/or additional payments may be required.

15. Breach of ARreement: In the event the Permittee or its operators violates
or breaches any terms of the agreement, the State shall in addition to
other remedies, have the right to suspend operations of the Permittee. The
State may also terminate this agreement, and the Permittee shall have no
further rights under this agreement. Upon such termination, the State
shall enter a forfeiture of the agreement, and the payment made in
connection therewith or any bonds required by this agreement may be
forfeited upon order of the State, and the State may recover damages from
the Parmittee. Any misreporting of harvest or harvesting outside the
boundaries of the aforementioned geoduck tract by the Permittee or its
operators will be considered, by the State as a breach of agreement.
RCW 79.01.570.

16. Remedies: Any remedy exercised by the State hereunder shall not be deemed
exclusive. The State may pursue any and all other remedies available to it t
under the law.

This agreement is made and accepted subject to all rights of navigation.

The Permittee expressly agrees to all covenants herein, and binds himself
or themselves for the payments and royalties as hereinbefore set out.

Executed this day of 19

STATE OF WASRINGTON
DEPARTMENT OF NATURAL RESOURCES

BRIAN J. BOYLE
Commissioner of Public Lands 0

Signed this day of 19

Permittee

Address

App. No.
021829

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0
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APPENDIX H

Future Research Plans

Department of Fisheries

1. Resource Surveys

WDF is conducting on-going surveys of the commercial geoduck resource
in Puget Sound. Most of the shallow water areas of Puget Sound have
been surveyed and these activities will be decreasing.

2. Enhancement

WDF is continuing to artificially rear geoduck larvae at its shellfish
laboratory at Point Whitney on Hood Canal. Techniques have been devel-
oped for spawning and growing the larvae. Future activities include
improvement of the laboratory grow-out capabilities and expansion of
rearing activities with the intent to supply geoduck clams to reseed
harvested beds. Research is under way to improve the methods and suc-
cess of reseeding and to reduce the cost of growing and planting the
small clams. If successful, the artificial reseeding of commercial
beds will allow a doubling or tripling of geoduck harvest.

3. Harvest Effects

Through monitoring of harvested beds, WDF is developing additional
information on the effects of harvest on the substrate and nearby
environment and on their recovery.

Department of Natural Resources

1. Resource Surveys

DNR is presently developing a method for assessing the deep water
geoduck stocks using a sled-mounted closed circuit TV camera. This
will allow an inventory of geoduck stocks in water too deep for diver
surveys and will allow an estimate of the overall geoduck abundance
and distribution in Puget Sound.

2. Enhancement

DNR has conducted limited research on the grow-out stage of geoduck
culture. When WDF culture techniques are developed to allow large
scale reseeding, DNR will reseed harvested geoduck beds and inter-
tidal beaches.

O
H- 1

APPENDIX I.
Pertinent WDF Laws and Regulations

75.24.100 Geoduck clams, harvesting for commercial terminates its business relationship with such entity until
purposes- License---Gear-Director may impose compliance with this subsection is secured. [1979 Ist
limitations-Compliance with federal law (OSHA). (1) ex.s. c 141 � 1; 1969 ex.s. c 253 � 1.]
The director of fisheries may at his discretion and with Liberal construction-1969 ex.s. c 253: "The provisions of this act
the approval of the commissioner of public lands issue shall be liberally construed." [1969 ex.s. c 253 � 5.] This refers to
licenses for the harvesting of geoduck clams for corm- RCW 75.24.100, 75.28.280, 75.28.281 and 75.28.287.
me.cial purposes from specific tracts of beds of naviga- Severability-1969 ex.s. c 253: "If any provisions of this 1969
ble waters of the state of Washington for which harvest amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provi-
rights have been granted by the department of natural sion to other persons or circumstances is not affected." [1969 ex.s. c
resources except that he may not authorize harvesting 253 � 6.] This applies to RCW 75.24.100, 75.28.280, 75.28.281 and
for commercial purposes on bottoms which are shallower 75.28.287.
than eighteen feet below mean lower low water (o.o. ft.),
or which lie in an area bounded by the line of ordinary
high tide (mean high tide) and a line two hundred yards 75.28.280 Clam farm license-Exceptlon, geo-
seaward from and parallel to said line of ordinary high ducks. A license is required for each and every clam
tide. If the director shall determine that the numbers of farm of one or more tracts of land being operated for
units of gear are sufficient to harvest the known avail- commercial purposes on privately owned or leased tide-
able crop and that additional units of gear might prove lands and on leased beds of navigable waters in the state,
damaging to the resource or its habitat, he may suspend except that a license under this section is not required
the issuance of such additional licenses for the balance for subtidal geoduck harvest tracts for which the re-
of any given year or until he determines there is need for quired harvest rights and licenses have been obtained
additional units of gear to achieve a sustained harvest. pursuant to other provisions of law. The fee for said li-
Ail harvesting shall be done with hand held, manually cense is fifteen dollars per annum, and shall be paid for
operated water jet or suction device guided and con- each and every year in which clams are removed from
trolled from under water by scuba or other diver. The the clam farm for purposes of sale. A separate license is
director shall also determine from time to time the effect required for each clam farm being operated within each
of each type or unit of gear upon the geoduck population of the following clam districts; northern Puget Sound
or the substrate they inhabit and he may require modi- district, southern Puget Sound district, Grays Harbor
fication of the gear or cessation of its use if he deter- district, and Willapa Harbor district; said districts are to
mines that it is being operated in a wasteful or include the waters, beds, shores, beaches, and tidelands
destructive manner or that its operation tends to cause of, northern Puget Sound, southern Puget Sound, Grays
permanent damage to the bottom or adjacent shellfish Harbor, and Willapa Harbor, respectively, as geograph-
populations. ically defined by the director of fisheries under appro-
(2) Any person, including the person's agents or rep- priate regulations. [1979 Ist ex.s. c 141 � 3; 1969 ex.s. c
resentatives, who is issued or currently holds a license 253 � 3; 1955 c 212 � 8; 1955 c 12 � 75.28.280. Prior:
under subsection (I) of this section shall comply with all 1951 c 271 � 26; 1949 c 112 � 70; Rcm. Supp. 1949 �
applicable commercial diving safety standards and regu- 5780-508.1
lations promulgated and implemented by the federal oc-
cupational safety and health administration established Conslruction-sverability-196 ex.s.c 253:See notes follow-
under the federal occupational safety and health act of
1970 as such law exists on May 8, 1979 (84 Stat. 1590
et seq.; 29 U.S.C. Sec. 651 et seq.). Violations of these
safety standards and regulations shall be deemed to be 75,28.283 Geoducks or clams-Licenses for har-
violations of this subsection: Provided, That for the pur- vesting. It is unlawful for any person to harvest clams or
poses of this section and RCW 79.01.570 all persons geoducks or to utilize any vessel with commercial hand
who dive for geoducks are deemed to be "employees" as held geoduck harvesting gear on any aquatic lands des-
defined by the federal occupational safety and health ignated under RCW 75.28.286 without first obtaining
act. Violations of this subsection are grounds for suspen- the licenses required by RCW 75.24.100 as now or
sion or cancellation of the license upon ten days written hereafter amended and 75.28.287 as now or hereafter
notice to the licensee and following a hearing on the amended. Use or the mere presence of the gear in the
matter. In no event shall a license be suspended or can- water outside the licensed tract is prima facie evidence
celed if the violation has been corrected within ten days. of a violation of this section. [1979 Ist ex.s. c 141 � 6.]
If there is a substantial probability that a particular vio-
lation of the commercial diving standards could result in
death or serious physical harm to any person engaged in
harvesting geoduck clams, the license shall be suspended 75.28.286 Geoducks-Designating state aquatic
immediately until the violation causing the probability of lands for harvesting. The department of natural re-
death or serious physical harm has been corrected: Pro- sources shall designate the areas of aquatic lands owned
vided further, That for the purposes of this subsection, if by the state of Washington which will be available for
the licensee is the holder of a tract license and contracts geoduck harvesting by licensed geoduck harvesters in
with another erntity for the harvesting of geoducks, the accordance with RCW 79.01.124. [1979 Ist ex.s. c 141
license shall not be suspended or canceled if the licensee � 5.1

I-i

75.28.287 Tract license for harvesting geoducks- (3) Appeals from revocations under this section shall
Diver's license License for mechanical and/or hy- be taken pursuant to the judicial review provisions of
draulic device used taking clams-- Displaying licenses. chapter 34.04 RCW. If the revocation of a license is de-
(I) A geoduck tract license is required for each subtidal termined to be invalid, the department of fisheries shall
geoduck tract for which harvest rights have been granted reissue a license or licenses to that person. [1979 lstW
by the department of natural resources for the commer- ex.s. c 141 � 7.]
cial harvest of geoducks. The fee is one hundred dollars
per annum.
(2) Every diver engaged in the commercial harvest of
geoduck or other clams shall obtain a nonassignable
personal commercial fishing license. The fee is fifty dol-
lars per annum.
(3) A license is required for each and every mechani-
cal and/or hydraulic device operated for the purpose of
taking clams other than geoduck clams for commercial
purposes from tidelands and beds of navigable waters of
the state of Washington, the fee for which license shall
be three hundred dollars per annum.
Evidence of issuance of the licenses required by this
section shall be prominently displayed by numbers,
codes, or symbols upon the vessel used in geoduck or
clam harvesting activities before engaging in the har-
vesting activities in a manner prescribed by the director
of fisheries in rules promulgated under chapter 34.04
RCW. [1979 1st ex.s. c 141 � 4; 1969 ex.s. c 253 � 4.]
Construction--Severability--1969 ex.s. c 253: See notes follow-
ing RCW 75.24.100.
Geoduck clams, harvesting for Commercial purposes--License:
RCW 75.24.100.

75.28.288 Geoduck harvesting-Penalties for vio-
lations. (1I) In addition to the penalties prescribed in
RCW 75.08.260 and 75.28.380, the director of fisheries
may revoke all geoduck personal commercial fishing li-
censes or geoduck tract licenses or both held by a person
if within any five-year period after May 8, 1979:
(a) That person is convicted or has an unvacated bail
forfeiture for two or more violations of the geoduck li-
censing or harvesting provisions of this title; or
(b) The department of fisheries receives a report from
the department of natural resources of two or more vio-
lations by the person of the lease or harvesting agree-
ment under chapters 79.01 or 79.20 RCW where the
department of natural resources suspended or canceled
the lease or harvesting agreement under RCW
79.01.570.
The director of fisheries shall not issue any geoduck
personal commercial fishing license or geoduck tract li-
cense for a period of one year after the revocation to a
person who has had a license revoked under this section
except as provided under subsection (3) of this section.
(2) If, within any five-year period after May 8, 1979,
any holder of a tract license permits any person to har-
vest geoducks on that tract, each violation by that person
of the geoduck licensing or harvesting provisions of this
title resulting in: (a) Either conviction or unvacated for-
feiture of bail; or (b) a suspension or cancellation of the
lease or harvesting agreement by the department of nat-
ural resources under RCW 79.01.570; shall be imputed
to the holder of a tract license for the purpose of com-
puting the number of the tract holder's violations under
subsection (1) of this section.

I-2

SHELLFISH --- Ch. 220-52

WAC 220-52-019 GEODUCK CLAMS--GEAR. It is unlawful to take,
fish for or possess geoduck clams taken for commercial purposes from
any of the tidelands of the state of Washington: PROVIDED, That pur-
suant to RCW 75.24.100, validations for the use of hand-held manually
operated water jet or suction devices for harvesting geoduck clams for
commercial purposes may be obtained from the director of fisheries
subject to the following conditions:
(1) All harvesting methods and types of water jet and suction
devices used in the taking or harvesting of geoduck clams must be
approved by the director of fisheries prior to their use, except that
water jet devices meeting the following requirements are approved for
use:
(a) The water jet must have an automatic spring-triggered shut-
off valve or a manual valve capable of being operated from full flow
) to completely off within one-half turn.
(b) The device must consist of not more than one jet, the noz-
zle of which shall not exceed 5/8 inch inside diameter.
(c) It is unlawful in the commercial harvest of geoducks for
through-hull fittings for water discharge hoses connected to the har-
vest gear to be below the surface of the water. Any through-hull fit-
ting connected to the harvest gear which is above the surface of the
water must be visible at all times.
(2) One geoduck validation must be physically present on board
the harvest vessel for each and every geoduck personal commercial
fishing license in use. It is the responsibility of the holder of the
harvest agreement to issue validations only to divers authorized to
harvest on the specific tract or tracts. It is the responsibility of
the holder of the harvest agreement to ensure that the required number
of validation cards are on board the harvesting vessel engaged in geo-
duck harvesting.
(3) It is unlawful to take, fish for or possess geoduck clams
taken from one-half hour before official sunset to official sunrise or
to 6:00 a.m. whichever is later. It is unlawful to take, fish for or
possess geoduck clams taken on Sunday.
(4) It is unlawful to harvest geoduck clams with any instrument
that penetrates the skin, neck or body of the geoduck.
(5) It is unlawful to retain any shellfish other than geoduck
S clams during geoduck harvesting operations unless the operator is
licensed for the taking of clams other than geoduck clams as provided
for in RCW 75.24.100. It is unlawful to take, fish for or possess sea
t cucumbers during geoduck clam harvesting operations, or possess sea
cucumbers on a vessel that has geoducks aboard.
(6) It shall be unlawful for more than six divers to harvest
geoducks at any one time on a single geoduck tract. It shall be the
responsibility of the holder of the harvest agreement to assure that
no more than six divers are harvesting at one time.
(7) At all times when geoduck harvest is occurring, copies of
the official geoduck tract map and complete tract boundary identifica-
tion documents or photographs as issued by the department of natural
resources for the specific tract must be on board the vessel.
(8) No processing of geoducks is permitted on board the harvest
* vessel.
vessel9) It shall be unlawful to take, fish for or possess geoduck
clams for commercial purposes except those taken within boundaries of
subtidal tracts for which geoduck harvest agreements have been issued

(220-52---p 4)
(33-81)
I-3

SHELLFISH --- Ch. 220-52

by the department of natural resources or from subtidal tracts which
were leased from the department of natural resources prior to Jute 30,
1979 for geoduck harvest.
(10) It shall be unlawful to harvest from bottoms which are
shallower than 10 feet below mean lower low water (0.0 feet), or which
lie in areas bounded by the line of ordinary high tide (mean high
tide), and a line 1/4-mile seaward from and parallel to said line of
ordinary high tide on subtidal tracts which were leased for geoduck
harvest prior to June 30, 1979.
(11) It shall be unlawful to harvest from bottoms which are
shallower than 18 feet below mean lower low water (0.0 feet), or which
lie in areas bounded by the line of ordinary high tide (mean high
tide), and a line 200 yards seaward from and parallel to said line of
ordinary high tide on subtidal tracts for which geoduck harvest agree-
ments have been issued after June 30, 1979. (81-33, 6/10/81)

WAC 220-52-01901 VALIDATIONS. (1) Numbered validations will be
issued only to holders of valid subtidal geoduck harvest agreements
issued by the department of natural resources and persons who hold
current geoduck tract licenses issued by the department of fisheries.
The validation will be issued for each licensed tract.
(2) The number of validations to be issued to each holder of a
harvest agreement shall be determined by the director of fisheries
based upon the number of individual geoduck tracts for which harvest
agreements have been issued by the department of natural resources,
their total acreage, past geoduck production, present number of nozzle
licenses held for the operation, and other factors as deemed appropri-
ate by the director of fisheries.
(3) The number of geoduck validations held by the holder of the
harvest agreement may be adjusted from time to time as deemed neces-
sary by the director of fisheries and when changes in leases occur.
(4) The geoduck validation will expire at the end of each cal-
endar year, provided that the director may issue temporary validations
for restricted time periods. In the event a validation is lost, a new
validation will be issued upon receipt of a signed affidavit from the
holder of the harvest agreement attesting to the loss. Any request to
assign or transfer a validation from one holder of a harvest agreement
to another must be made in writing. No validation will be assigned or
transferred without the written approval of the director of fisheries.
(5) The holder of the harvest agreement is held responsible for
notifying each diver to whom he provides a validation of all the laws
and regulations of the state of Washington departmenf of fisheries
pertaining to commercial geoduck harvest. The holder of the harvest
agreement and/or diver may be held criminally or civilly liable for
violation of the applicable rules and regulations of the department of
fisheries. Any violations by either the holder of the harvest agree-
ment and/or the diver can result in suspension and a cancellation of
the validation subject to the holder's right to opportunity for a
hearing as specified in chapter 34.04 RCW. The director of fisheries
may refuse to issue a validation to any holder of a harvest agreement
who has failed to comply with these regulations.
(6) Applications for geoduck validations must be made on forms
provided by the department of fisheries.
(7) At all times when geoduck harvest is occurring, the geoduck *
personal commercial fishing license and validation card for each and
every diver who is harvesting or attempting to harvest geoducks from
that tract and evidence of the geoduck tract license for the specific
tract must he prominently displayed on board the vessel. (220-52---p 5)
(80-123, 10/17/80) I-4 (33-81)

* ~~~~~~~~~~APPENDIX J.

Pertinent DNR Laws and Regulations

RCW 79.01.570 Ge oduck harvesting---eases, agreements, regulation. (1) The
department of natural resources may enter into leases or harvesting agreements
for the harvesting of geoducks. The department of natural resources may place
terms and conditions in the leases or harvesting agreements as the department
deems necessary. The department of natural resources may enforce the provi-
sions of any lease or harvesting agreement by suspending or canceling the lease
or harvesting agreement or through any other means contained in the lease or
harvesting agreement. The department of natural resources may cancel any lease
or harvesting agreement upon receiving a report from the department of fisheries
of the person's second violation of the geoduck licensing or harvesting provi-
sions under Title 75 RCW. Any lessee may terminate a lease entered into pursuant
to this subsection if actions of a governmental agency, beyond the control of
the lessee, its agents or its employees, prohibit harvesting, for a period
exceeding thirty days, during the term of the harvesting agreement. Upon ter-
mination of the lease, the lessee shall be reimbursed by the lessor for the
cost paid on the lease less the value of the harvest already accomplished by
the lessee on the leasehold.

(2) After May 8, 1979, all leases of state lands or harvesting agreements under
this title for the purpose of harvesting geoduck clams shall require the lessee
and the lessee's agent or representatives to comply with all applicable com-
* ~~mercial diving safety standards and regulations promulgated and implemented by
the federal occupational safety and health administration established under the
federal occupational safety and health act of 1970 as such law exists on the
effect date of this act (84 stat. 1590 et seq.;29 U.S.C. sec. 651 et seq.):
Provided, That for the purposes of this section and RCW 75.24.100 as now or
hereafter amended all persons who dive for geoducks are deemed to be employees
as defined by the federal occupational safety and health act. All leases
shall provide that failure to comply with these standards is cause for suspen-
sion or cancellation of the lease: Provided further, That for the purposes of
this subsection if the lessee is the holder of a tract license and contracts
with another entity for the harvesting of geoducks, the lease shall not be
suspended or canceled if the lessee terminates its business relationship with
such entity until compliance with the subsection is secured.

WAC 332-30-157 Commercial clam harvesting. (1) Commercial clam, beds on aquatic
lands shall be managed to produce an optimum yield.

(2) The boundaries of clam tracts offered for lease shall be established and
identified to avoid detrimental impacts upon significant beds of aquatic vege-
tation or areas of critical biological significance as well as prevent unauthorized
harvesting.

(3) The methods of harvest may only be those as established by law and certified
by the department of fisheries.

(4) Surveillance methods will be employed to insure that trespass as well as
off-tract harvesting is prevented.

(5) Harvesters must comply with all lease provisions. Noncompliance may
result in lease suspension or cancellation upon notification.

(6) Harvesters must comply with all applicable federal, state and local rules
and regulations. Noncompliance may result in lease suspension or cancellation
upon notification.

(7) If appropriate, the department may secure all necessary permits prior to
leasing.

WAC 332-30-160 Renewable resources. (1) Utilization of renewable resources is
a preferred use of aquatic lands.

(2) The department will foster renewable resource utilization through research
and development work, public education, land use allocation and resource
inventory.

(3) Depending on the activity involved and the stage of commercial development,
all necessary permits may be secured by the department for specific sites and
activities before the sites are offered for lease.

(5) Tidelands, shorelands and beds of navigable waters, especially valuable
now and in the foreseeable future for renewable resource activities (such as
aquaculture, natural resource harvesting or electrical energy production),
shall be so designated and protected from conflicting human uses which would
limit their utility for this purpose.

(7) Commercial harvesting of wild stocks of shellfish shall be encouraged on
aquatic lands. Harvesting must be conducted in such a manner as to provide an
optimum yield of the crop within the harvestable resource base, to minimize
insofar as possible conflicts with other users of the water area and to have
insofar as possible a minimal impact upon the environment.

(10) Enhanced productivity of commercially and recreationally important species
of aquatic life shall be encouraged on aquatic lands.

(11) The department will work with other agencies through development and
implementation of management plans to insure that commercial shellfish beds
are kept free of pollution and that as much as possible of the resource base is
available for harvesting.

J-2