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

            State of Washington

                        Department of Natural Resources

                       Department of. Fisheries

             Management Plan f or the Puget Sound
                    Commercial Subtidal Hardshell
                                         Clam Fishery

                               The preparation of this report was financially
                               aided through a grant from the Washington State
                               Department of Ecology with funds obtained fron
                               the National Oceanic and Atmospheric Administra-
                               tion, and appropriated for Section 306 of the
                               Coastal Zone Management Act of 1972.

              SH
              373.2
               U5
              SH

              M36
              1981

                                   MANAGEMENT PLAN FOR THE COMMERCIAL

                                    SUBTIDAL HARDSHELL CLAM FISHERY

                     State of Washington                             State of Washington
                   Department of Fisheries                      Department of Natural, Resources
                  Shellfish Program   AX-11                 Marine Land Management Division QVI-21
                     Olympia, WA 98504                                Olympia, WA 98504

                                                          property of CSC Library

                                                                 DEPARTMENT OF COMMERCE NOAA
                                                           CO-ASTAL SERVICES CENTER
                                                           2234 SOUTH HOBSOIY AVENUE
                                                          CHARLESTON, SC 29405-2413

                                             November, 1981

                r'6

                                                    FOREWORD
                         This is the combined commercial subtidal hardshell clam fishery manage-
                    ment plan of the Washington Department of Fisheries (WDF) and Natural Resources
                    (DNR). These agencies have major responsibilities for management of commercial
                    subtidal hardshell clam harvest. Each Department has prepared a plan for its
                    harvest management program. Preparation of these plans was closely coordinated
                    to avoid duplication of work and to ensure consistency. It was logical, then,
                    to combine the two plans into one document so that the public could better
                    understand the state's program.
                         This plan consists of three sections and an appendix. The first section
                    states the management procedures and policies which will be   used to guide tract
                    selection, environmental evaluation, interagency coordination, harvest monitoring
                    and enforcement. The second section, prepared by WDF, gives background information
                    on clam biology,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 hardshell clam 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 subtidal hardshell clam fishery is not static. Changes
                    in the market demands and economics affect the fishery and its management as
                    do   knowledge of the biology and population dynami(cs of the hardshell clam
                    resource and the fluctuating social and political climate. Given this situ-
                    ation, this document is intended as a flexible outline for the management of
                    this clam fishery. Changes and improvements are anticipated and will be made
                    through the mutual consent of the co-managers of the fishery - the De    partments
                    of Fisheries and Natural Resources.

                                                     Glossary
                      Bed - A relatively contiguous dense assemblage of clams - may be a few to
                            several hundred acres.
                      Bed, Commercial - A major bed which is suitable for harvest based upon
                                        technological, economic and environmental criteria.
                      Bed, Major - A clam bed having greater than 0.25 lbs/sq.ft. of harvestable
                                   clams
                      DNR - Department of Natural Resources.
                      DOE - Department of Ecology.,
                      MHW - Mean high water - 4.2-14.0 feet feet above MLLW in Puget Sound.
                      MLLW - Mean lower low water - 0 tide level.
                      MSY - Maximum sustainable yield - the maximum annual harvest which can be
                            taken each year, year after year.
                      Optimal Yield - The maximum sustainable yield adjusted for relevant environ-
                                     mental, economic and social factors. Also, the yield 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, and then 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 - County plan for 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 clam bed which is leased for harvest
                             by Department of Natural Resources.
                      WAC - Washington Administrative Code, departmental regulations.
                      WDF - Washington Department of Fisheries.

                                                       v

                                                   TABLE OF CONTENTS                              Page
                      INTRODUCTION   .........................................................     1
                      SECTION I - MANAGEMENT PROCEDURES AND POLICIES     .......................   3
                           Identification and Allocation of Subtidal Hardshell

                             Clams Beds for Harvest    ........................................    3
                           Environmental Assessment and Interagency Coordination      ...........  5
                           Conditions During Harvest    .......................................    7
                           Monitoring and Enforcement    ......................................    7
                      SECTION 11 - DEPARTMENT OF FISHERIES     .................................   9

                           Introduction   ....................................................     9
                           The Subtidal Hardshell Clam Resource    ............................  11
                           The Subtidal Hardshell Clam Fishery     ............................. 25
                           Environmental Impacts of the Fishery    ............................  34
                           Jurisdiction Over the Fishery    ...................................  46
                           Management of the Fishery    .......................................  52
                           Literature Cited    ................................................  61
                      SECTION III - DEPARTMENT OF NATURAL RESOURCES     ........................ 63
                           Management Objectives    ...........................................  63
                      SECTION IV - APPENDICES

                           A.  DNR Marine Land Allocation for Commercial Subtidal
                               Hardshell Clam    ..............................................  A-1
                           B.  Subtidal Hardshell Clam Data     ................................ B-1
                           C.  Agencies to be Notified of Harvest Plans     .................... C-1
                           D.  Pertinent WDF Laws and Regulations     .......................... D-1
                           E.  Pertinent DNR Laws and Regulations     .......................... E-1
                           F.  DNR Administrative Procedures for SEPA Review      ............... F-1
                           G.  Table of Major Subtidal Hardshell Clam Beds     ................. G-1
                           H.  Example of DNR Harvest Agreement for Subtidal Hardshell
                               Clams   .......................................................   H-1
                           1.  Example of WDF Harvest Permit    ...............................  I-1.

                                                          vii

                                                    INTRODUCTION
                           Puget Sound contains a vast renewable resource of high quality protein
                      in the form of subtidal hardshell clams. This is a resource which has only
                      partially been utilized and which may never be utilized to its full potential
                      without coordinated action by state, local and federal agencies. Over 170
                      million pounds of subtidal hardshell clams are' estimated to be on clam beds
                      of commercial density, but only a small proportion of these beds are suitable
                      for harvest given current technology and environmental limitations. Still it
                      is estimated that the fishery could produce over 2 million pounds per year.
                      Not only is this fishery a potential source of food, jobs and income, but it
                      also provides a strong economic justification for maintenance of the high
                      water quality in Puget Sound which is essential to the culture and production
                      of shellfish as well as the enjoyment of all who use the water.
                           The Department of Natural Resources (DNR) manages subtidal clam harvest in
                      cooperation with the Department of Fisheries (WDF). DNR is authorized to
                      lease lands for this use by RCW 79.01.568 which states that, "The beds of all
                      navigable waters in this state lying below extreme low tide ... shall be sub-
                      ject to lease ... for the purpose of planting and cultivating clams or other
                      edible shellfish, or for other aquaculture use, for periods not to exceed
                      ten years." The Washington Department of Fisheries is responsible for managing
                      and protecting the clam resource. RCW 75.M.282 requires that owners and
                      leasees operating clam farms obtain clam farm licenses. RCW 75.28.287 requires
                      that a license be obtained for mechanical and hydraulic devices operated for
                      the purpose of taking clams from the beds of navigable waters in Washington.
                           In practice, DNR and WDF work closely together in making areas available
                      for harvest. The WDF conducts surveys of subtidal clam beds to identify those
                      which are suitable for commercial harvest. WDF recommends these beds to the
                      DNR which leases the grounds. The leases are written in cooperation with WDF
                      to ensure that the leases support the WDF fishery management program.
                           The species involved in subtidal commercial hardshell clam harvest are
                      butter, native littleneck, and horse clams. Cockles may also be taken but
                      these are encountered infrequently and in limited numbers. Harvesting is
                      restricted to designated subtidal tracts located seaward of the extreme low
                      tide line. These clams are beyond the reach of sport clam diggers except
                      for SCUBA divers.

                      The most often used equipment for harvest of subtidal hardshell clams
                 is a boat with a hydraulic escalator attached. The escalator harvester is
                 fitted with water jets which loosen the bottom material to a depth of 12 to
                 18 inches. The loosened material is washed onto a conveyor belt of one inch
                 steel mesh which permits sediment and smaller clams to fall through onto the
                 bottom. Clams, gravel, shell and other material too large to pass through
                 the mesh are carried to the surface. Harvestable clams are collected and the                r
                 other debris drops back into the water.
                      This management plan is based on the assumption that the hydraulic
                 escalator harvester will continue to be the dominant  harvest method. The
                 environmental impacts of harvest with this equipment  are fairly well under-
                 stood. Another harvest technique using a diver-held   venturi suction device is
                 used near Point Roberts. However, the economics and   environmental effects of
                 this method have not been adequately evaluated and a,fishery based on harvest
                 completely submerged and out of sight would lead to new enforcement problems.
                 Therefore, venturi harvest is treated as a method with limited applicability
                 for the foreseeable future.
                      This plan sets out specific procedures for long and short range planning,
                 harvest monitoring and fishery management enforcement and enhancement. These              Cr
                 procedures should improve interagency coordination and early identification
                 and mitigation or elimination of adverse site related environmental impacts.
                 In 1978, DNR and WDF wrote a programmatic environmental impact statement (EIS)
                 (Vining 1978) for commercial harvest of subtidal hardshell clams with a hydraulic
                 escalator shellfish harvester. Each tract proposed for lease will be evaluated
                 under SEPA and site specific supplemental environmental impact statement will
                 be written.

                                                   2

     I                            SECTION I - MANAGEMENT PROCEDURES AND POLICIES

                           The following procedures will be followed by the Departments of Fisheries
                       and Natural Resources when assessing the proposed subtidal hardshell clam
                       tracts for commercial harvest. These procedures are intended to ensure an
                       adequate environmental evaluation of the tracts before harvest and consid-
                       eration of the concerns of local citizens and residents relative to the
                       proposed harvest.

                                 Identification and Allocation of Subtidal Hardshell

                                           Clam Beds for Eventual Harvest
                       1.  The Department of Fisheries has provided the Department of Natural
                           Resources with a list of subtidal hardshell clam beds in Puget Sound
                           suitable for commercial harvest. Forty-seven major beds have been
                           identified of which 14 are presently considered to be suitable for
                           harvest. These beds must meet the following criteria:
                           a.  Beds are in shallow water and accessible with current harvest

                               gear.
                           b.  Clams occur in high densities suitable for harvest.
                           c.  Substrate is suitable for harvest.
                           d.  Beds are free from pollution and certifiable by the Department
                               of Social and Health Services.

                           e.  Harvest will not interfere with other human activities or create
                               long-term, adverse impacts on the surrounding environment or on
                               important habitats.

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

                                                        3

                       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 clam harvest at these sites
                           and to prevent pollution or other damage of these beds.

                       5.  The Departments of Fisheries and Natur al Resources will not allow
                           uses under their control other than commercial clam harvest to occur
                           within the hardshell clam beds shown in Appendix A, unless the use
                           will not conflict with this harvest or unless the Departments deter-
                           mine that the public benefits of the other use outweigh the loss of
                           the clam harvest. The alternative use will be required to pay for the
                           value of the resource withdrawn from use (WAC 332-30-125(7)). DNR
                           will not normally approve leases foe activities which might pollute
                           or destroy commercial clam 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 clam beds and
                           especially those which the Department of Social and Health Services
                           has identified as being at risk (see Appendix B).

                       7.  Consideration and evaluation of specific clam tracts for harvest
                           will be initiated by:
                           a.  A prospective harvester submitting a request to DNR.
                           b.  DNR initiating the evaluation. DNR intends to eventually
                               bring all suitable clam beds under harvest and will, at its
                               convenience, propose specific tracts for evaluation and even-
                               tual harvest.

                                                        4

                             Environmental Assessment and Interagency Coordination

                    1.  Upon request for tract evaluation, WDF and DNR will meet with county
                        officials to present the proposal, to solicit county concerns and
                        anticipated requirements, and to organize a public meeting. WDF will
                        request comments on the proposal from the various state and federal
                        agencies which have particular interests or expertise in the fishery.
                        These agencies are listed in Appendix C.

                    2.  A public meeting will be held near the proposed harvest site well in
                        advance of the lease date. Notice of this meeting will be given to
                        a local newspaper, to interested local, state, and federal agencies,
                        and to the subtidal hardshell clam industry. At the meeting, DNR and WDF
                        will review the programmatic EIS and any other available information
                        about the subtidal hardshell clam resource, harvest operations, and
                        potential environmental impacts at the site. The audience will be
                        asked to point out any concerns about the proposed harvest. A mailing
                        list will be started for those who wish to review the draft supplemental
                        EIS.

                    3.  DNR and WDF will conduct environmental investigations giving special
                        attention to issues raised in steps 1 and 2 above. WDF is responsible
                        for evaluating the effect of harvest upon the marine environment. WDF
                        will conduct diver surveys of the tract to assess the economic potential,
                        the resource abundance, and the environmental suitability of the tract
                        for harvest based on the criteria presented in the programmatic EIS and
                        WAC 220-52-018 (Appendices D and E present the pertinent laws and regu-
                        lations of the Departments of Fisheries and Natural Resources, respec-
                        tively). Site specific studies will be conducted to answer questions
                        identifled by WDF, DNR, local officials, state and federal agencies, and
                        through public input.. Participation by these agencies in the surveys will
                        be encouraged. WDF will prepare a written evaluation of the environmental
                        suitability of the tract including:

                                                      5

                    1.  Clam abundance, species composition, population structure, estimated
                        value.
                    2.  Abundance and distribution of eelgrass on the tract.
                    3.  Presence and abundance of any unique or important biota.
                    4.  Results of substrate analysis.
                    5.  Other information as needed or specified through agency  and citizen
                        review and input.
                    6.  Anticipated harvest effects.
                    7.  Recommended harvest limitations to minimize adverse environmental
                        impacts (adjustment of tract boundaries, seasonal restrictions, etc.)
                    8.  Recommendation to lease or not lease tract.

                4.  DNR will evaluate environmental impacts of harvest on other marine activi-
                    ties and the shoreline community. This will include noise monitoring in
                    the tract vicinity and surveys of activities and developments in the area.
                    DNR will prepare draft and final environmental impact statements in accordance
                    with the procedures contained in Appendix F. During this process, boundaries
                    of individual tracts and any necessary restrictions on harvest will be deter-
                    mined. If there is sufficient public interest, DNR and WDF will hold public
                    hearings or meetings to discuss the findings of any draft supplemental EIS
                    prior to preparation of the final. DNR will apply for the Shoreline Substan-
                    tial Development permit and U.S. Army Corps of Engineers permits.

                5.  Before harvest begins, WDF and DNR will hold a public informational meeting
                    in the neighborhood of the harvest operation to discuss what is involved
                    in clam harvesting; what the local residents may expect; the benefits and
                    effects of clam harvesting; the regulations, conditions, and limitations
                    with which the harvester must comply; enforcement responsibilities; and
                    whom to contact concerning questions, violations, etc. WDF and DNR will
                    also make personnel available for public meetings, presentations', etc.
                    upon request of the community. The tract operator will be encouraged to
                    attend these meetings.

                                                   6

                   6. At any point prior to the issuance of a DNR tract harvest lease agreement
                       and WDF clam farm license, this procedure may be terminated by WDF or DNR
                       if present environmental circumstances are deemed to preclude harvest.

                                          Conditions During Harvest
                   1.  While the state noise emission standards set maximum levels, lower noise
                       levels may be desirable due to special local circumstances. Site evalu-
                       ation and harvest monitoring will pay special attention to the need for
                       noise reduction and to compliance with noise standards. Leases will
                       specify whether special noise standards, hours of operation, or other
                       measures will be imposed to control noise.

                   2.  DNR will ensure that all tract boundaries are clearly defined so that the
                       harvester and shoreline residents can both see the boundaries. DNR will
                       establish sight lines for tract boundaries which are keyed to natural land-
                       marks or to markers set on shore. DNR will also establish or require the
                       harvester to establish buoys to mark the landward tract boundary.

                   3.  Harvest will be managed so as not to interfere with military exercises
                       or with navigational uses.

                   4.  Harvest activities will be managed so as not to interfere with the migra-
                       tions or spawning of salmon, herring, surf smelt, or other important fish.

                   5.  Failure to comply with contractual requirements during the lease term will
                       be grounds for cancellation or non-renewal of the lease.

                   6.  Detailed leasing procedures are being developed by DNR. These will be
                       distributed for public review before implementation.

                                         Monitoring and Enforcement
                   1.  WDF is responsible for monitoring and assuring compliance with DNR
                       lease conditions and with WDF permit conditions for harvest. Fisheries
                       patrol officers are specifically assigned to the subtidal clam fisheries

                                                     7

                         (including geoducks) and are supplemented by other WDF patrol officers
                         and local law enforcement officers. WDF enforcement personnel will
                         routinely inspect the harvester and its.operations to determine that
                         harvest is in compliance with pertinent laws and regulations and with
                         applicable permit requirements. Specific observations will include:
                         a.  Checking boundary marker locations.
                         b.  Checking harvest machine operation for compliance with WDF
                             regulations.
                         c.  Ensuring that harvest is in compliance with shoreline and Corps
                             of Engineers permits.
                         d.  Checking harvest logs and other required reports.
                         e.  Sampling harvested clams to determine that small or immature
                             clams are not harvested.

                         WDF enforcement personnel will also be available to investigate specific
                         complaints.

                 2.  WDF divers will periodically survey harvest tracts to monitor harvest
                     effects, improper harvest operations, subtidal trespass, incursion into
                     eelgrass, etc. Studies and additional monitoring will be conducted as
                     needed, or as required under the conditions of the Shoreline or U.S.
                     Army Corps of Engineers permits.

                 3.  WDF will prepare an annual summary report of harvest activities for each
                     tract which will include:

                     a.  Pounds of clams landed.
                     b.  Catch per unit effort on tract.
                     c.  Size composition of catch.
                     d.  Hours and days of harvest.
                     e.  Results of.diver surveys.
                     f. -Results of progress of studies and special monitoring.
                     g. Summary of complaints, violations, and their disposition.

                     This report will be sent to interested agencies and citizens. If requested,
                     DNR and WDF will meet with local officials to discuss the report and answer
                     any questions.

                                     SECTION II - DEPARTMENT OF FISHERIES

                                                 INTRODUCTION
                    Background of Controversy
                         In the late 1950's, the Hank's hydraulic harvester was introduced into
                    Puget Sound from the East Coast. This device permitted harvest of the previ-
                    ously unexploited subtidal clam resources of Puget Sound and provided the
                    basis for a new fis hery. At the peak of the fishery, four harvesters were
                    operating in Puget Sound and in 1977 harvest reached 1,008,000 pounds.. Esti-
                    mates of the annual harvest which could be sustained indefinitely from the
                    commercially available resource are 2-2.5 million pounds.
                         During the same period that this fishery was developing, the public was
                    demonstrating its increased environmental awareness and concern over the uses
                    of our natural resources. This lead to the implementation of the State Envi-
                    ronmental Policy Act (SEPA) and the Shorelines Management Act (SMA) in 1971.
                    SEPA requires the identification and publication of the significant environ-
                    mental effects of decisions made by state and local agencies, thus opening
                    these decisions to public review. The Shoreline Management Act mandates local
                    government to establish policies for the use of the shorelines and marine
                    waters within their jurisdiction. These policies, as Shoreline Master Pro-
                    grams, have the force of law and are used to regulate development and to
                    decide what activities are appropriate in these areas. These two laws give
                    the local government considerable power to control their shorelines.
                         During this same time frame another change was occurring. For centuries
                    Puget Sound has been used as a source of food and as a means of transportation.
                    Over the last few decades, with the influx of people to the area and the
                    expanding economy, the shorelines have become used more and more for residential
                    and recreational activities. Those people who live along the shores have a
                    major interest in the activities which take place in the waters before them -
                    activities which can affect their property values, the aestetic values for
                    which they selected their homesites, and the general environment of.the area.
                    With SEPA and especially SMA the residents have a vehicle for expressing their
                    interests and deciding which competing uses of the shoreline resources will prevail.

                        The new-found rights of the shoreline resident have not had much effect
                   upon the traditional fisheries in Puget Sound. For the most part these fish-
                   eries are accepted and, for many, enhance the local atmosphere.
                        Mechanical hardshell clam harvest does not have this history on Puget
                   Sound, unlike the East Coast where hundreds of such boats have operated for
                   the last 30 years. The boats and gear used in the fishery are perceived as
                   unusual and unsightly by some. They are slow moving, have tended to be noisy
                   and, unlike most fisheries often work close to shore for prolonged periods.
                   In addition there has been concern over the environmental effects of harvest.
                        The harvest of subtidal clams is a controversial issue of particular con-
                   cern to shoreline residents. In some cases the Departments of Fisheries and
                   Natural Resources have worked together with the local county and citizens and
                   with the clam harvester to resolve many of these concerns, thus harvest has been
                   allowed. In a few counties, however, subtidal clam harvesting has been strongly           r
                   opposed by shoreline residents and by the county. This has lead to a confron-
                   tation with the state over the use of the clam resource, over the respective
                   authorities of the state and counties to manage this use and over the relative
                   benefits of harvest to the citizens of the state versus its impacts on the local
                   community.
                        These counties contend that clam harvest must be limited or prohibited to
                   protect the rights of the shoreline residents. WDF and DNR contend that under
                   their management the commercial harvest of subtidal clams will not infringe
                   on any legal rights and that the benefits to all the citizens of the state
                   through the generation of food, jobs, trade, etc. justify the limited incon-
                   venience to other shoreline users. Also, because the clam stocks do not recog-
                   nize county boundaries, rational management for the most beneficial use of the
                   resource and for its protection necessitates management on the basis of the
                   state-wide resource, and not county-by-county. WDF also feels, based upon
                   its own studies, that the environmental effects of properly conducted hydraulic
                   clam harvesting are temporary and do not significantly impact the marine envi-

                   ronment.

                   Objectives of Management Plan
                        As with many issues pertaining to the marine environment, no single agency

                                                     10

                     or entity has exclusive jurisdiction over clam harvest and responsibilities for
                     its m'anagement and control are shared by many agencies. To resolve the problems
                     surrounding subtidal clam harvest will, therefore, necessitate the combined
                     efforts of all the parties involved. As part of this effort the Department of
                     Ecology has revised its Shoreline Management Guidelines pertinent to aquaculture
                     and the counties are presently revising their Master Plans to better address
                     the issues of mechanical clam harvest. To assist in this process, WDF and DNR
                     have each preparing management plans for their respective functions in the sub-
                     tidal clam fisheries to present their management goals, rational and to better
                     address local concerns. WDF's objectives in preparing its management plan for
                     the subtidal hardshell.clam fishery are: (1) to document the goals and intent
                     or WDF's management of this fishery; (2) to provide a source of information for
                     the fishery and its management; (3@ to ensure adequate environmental review
                     of the proposed harvest operations; and (4) to provide a mechanism for improved
                     citizen and agency participation in the management of the fishery. It is hoped
                     that this plan and the activities proposed in it will lead to improved coopera-
                     tion and communication between the various agencies and groups interested in
                     the fishery and ultimately allow the full, rational utilization of this resource.

                     Management Plan Implementation
                          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 codified procedures will then serve as the basis for future manage-
                     ment and resource allocation decisions. Copies of the plan will be distributed
                     to the interested parties, agencies, and libraries in those counties having
                     commercial hardshell clam resources. This plan has been prepared in close
                     cooperation with the Department of Natural Resources to ensure that it is
                     complimentary and consistent with their plan for management of the subtidal
                     hardshell clam beds.

                                           The Hardshell Clam Resource
                     Species Harvested
                          The commercial subtidal hardshell clam harvest is based upon four
                     species - the butter clam (Saxidomus giganteus), the native littleneck

                     (Prototheca staminea) and the horse clam (Tresus nuttalli and capax) (Fig-
                     ure      The primary species is the butter clam which has traditionally
                     supported major sport and commercial fisheries in Washington and British
                     Columbia...It may reach 6-inches in shell length and is notable for its
                     heavy, eggshaped shell and concentric rings. The shell is usually chalky
                     white, but may be brownish or bluish-gray depending upon the substrate type.
                     Another,notable feature of the butter clam is the short, black-tipped neck.
                          The native littleneck clam is the most valuable per pound of the three
                     species (wholesaling for up to $1.00/lb) and is "farmed" extensively in
                     northern Puget Sound and Discovery Bay on intertidal beaches. This species
                     reaches sizes up to 2-1/2 inches long. The shell is rounded to slightly
                     oval and is generally white, althougk clams may have almost geometric
                     patterns of light brown. The shell also has prominent radiating ridges in
                     addition to the concentric growth rings.
                          The horse clams are the largest of the species harvested (up to 8-inches
                     and 4-lbs.) and have only recently become a desired,species for commercial
                     harvest. The clams are readily distinquishable by the large neck which cannot
                     be completely retracted (giving them the common name "gaper clam") and is often
                     mistaken for a geoduck. On the beach the horse clam is readily distinquished
                     from a geoduck by the presence of two leathery flaps on the end of the siphon
                     which are absent on the geoduck. The shell is chalky white with a thin brown
                     skin or periostracum, especically near the edges. The shell is also enlarged
                     at one end to accomodate the large siphon. Tresus nuttalli is distinguished
                     from T. capax by the asymmetrical shell which is elongated towards the siphon
                     end. T. capax is the species most frequently harvested in this fishery.

                     Abundance and Distribution
                         These species are generaly found in the same areas, with similar substrate
                     preferences and ranges. All four clams generally range from California to
                     Alaska, being found on the mid to low intertidal beaches out into shallow
                     subtidal areas. The littleneck is found highest on the beach, up to the mid-
                     intertidal area while the butter clam prefers lower beach heights where it
                     spends more time in the water. The horse clams, which cannot seal their shells

                                                      12

                                                      Native Littleneck Clam

                                                      (Protothaca staminea)

                                        Butter Clam

                                   (Saxidomus giganteus)

                                                                                                01

                                                                        Horse or Gaper Clam
                                                                          (Tresus capax)

                             Figure 1. Shells of the three commercially harvest ed subtidal
                             hardshell clam species. Drawn at about one-half scale.

                                                         13

                     are least adapted to being out of the water, and are found low on the beach.
                     All these clams reach their peak abundance in the low intertidal and shallow
                     subtidal areas. Both clam abundance and clam density decline rapidly beyond
                     30-feet below MLLW (Goodwin 1973).
                          The distribution of the clams is quite patchy, dependant upon the
                     presence of suitable substrate which may be the factor limiting hardshell
                     clam abundance. The dominant clams harvested prefer a relatively coarse
                     substrate-comprised of shell and gravel with some mud for stability. Tresus
                     nuttalli, however, is usually found in almost pure sand. Areas of coarse
                     .substrate are limited - occurring only where strong currents remove the
                     finer materials, or in intertidal and shallow subtidal areas where wave action
                     has a similar effect. Slight differences in substrate preference cause
                     various mixtures of the three species from almost pure, single species beds
                     to any combination or proportion of the three. This allows a commercial
                     harvester to control which species is harvested by selecting a particular
                     bed or part of a bed for harvest.
                          Beginning in 1967 WDF began detailed inventories of the subtidal hard-.
                     shell plan population in Puget Sound. The inital results were reported in
                     WDF Technical Report No. 14 (Goodwin 1973) and then updated to 1977 in
                     Progress Report No. 44 (Goodwin and Shaul 1978). Sample areas were generally
                     limited to those areas less than about 70-feet deep which had sufficient
                     water movement and suitable substrates to support major clam beds.
                          While all three species are found intertidally throughout the Puget
                     Sound most of the subtidal clam resource occurs in Admiralty Inlet, North
                     Hood Canal, Central Sound with few subtidal hardshell clams being found in
                     southern Puget Sound. No estimate is available for the total number of hard-
                     shell clams in Puget Sound. The WDF surveys have, however, discovered 5,350
                     acres of major subtidal clam beds having clam densities greater than 0.25
                     lb./sq.ft. These beds represent 170 million pounds of clams - 114 million
                     pounds of butter clams, 28 million pounds of littleneck clams, and 27 million
                     pounds of horse clams. The major beds are listed in Appendix G. Beds allocated
                     for commercial harvest by DNR are shown in Figure 2. The tract numbers refer
                     to Appendices A and B.

                                                       14

                                                                                                            Figure 2.                                                 ........  . ......
                                                            It-               R2W                                    Rlt                R21                                    RAI                 ESE                ..I          T

                                                                                                                                                                        WASHINGTON MARINE ATLAS
                                                                                                                                                                         NORTHERN INLAND WATERS

                                                                                                                                                                                 VOLUME 1 SUPPLEMENT

                                                                                                                                                                                       STATE OF  ASH NGTON

                                                                                         COIUM.IA
                                                                    BOViVDARY                                 UNITED STATES                 WASHIMIETON                             COMVIS IONER OF PUBLIC LANDS
                                                                         BAY          SEMIAHMOO                                                                                          BIIIAN J 60VLE
                 T                                                                           B Al                                                                                DIVISION OF MARINE LAND MANAGEMENT
                 .D
                 N                                                                                                                                                                                                                 T

                                                                                                                                                                   DNR     MARINE        LAND ALLOCATIONS                          I

                                                                                                                                                                        AREA ALLOCATED FOR COMMERCIAL

                 T
                                                                                                                                                                        SUBTIDAL CLAM HARVEST
                 3N.
                                                                                                                                                                     USE COUNTY AND NUMBER Olr AREA
                                                                                                                                                                     TO REFER To DETAILED MAPS

                                                                                                                                                                                                       MAY, 1981
                 T
                 38
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                          WASHINGTON MARINE ATLAS                                                                                                            @HDWY 15LAAV
                           SOUTHERNINLAND WATERS                                                                                                                                                              2.
                                 VOLUME 2 SUPPLEMENT                                        D!

                                      STATE OF Vd@SHNGTON
              218                7&&441                                                                                                                                                     ERETT             28
                                    COMMIS IONER OF PUBM LANDS
                                        BRIAN j BOYLE
                                 OIlISIOl 0 OARIIE lAAI) IAKAIIIIE4T

              2T7
              N      DNR MARINE LAND ALLOCATIONS                                                                                                                                                              21

                                                                                                                                          KtTSAP CD                            N?ILo 15N co
                                    AREA     ALLOCATCD       FOR                        Owl-,                                                                                    KING
              7                     COMMERCIAL SUBTIDAL
                                    CLAM HARVEST                                                                                                                                                              26
                                                                                                                                                10

                        USE COUNTY AND NUMBER OF AREA
                                                                                                                                                                             SEATTLE
                        TO REFER TO DETAILED MAPS

                                                                                                                                                                                                              T
                                                     MAY, 1981

                                                                          JEFFERSON Co
                 - - - - - - - - - - - - - - - - - - --                                                                           t

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                      Biology
                           Anatomy. Although the three species are externally distinct, their
                      internal anatomy is quite similar (Figure 3). The most obvious features
                      of the internal anatomy are the siphon or neck, which provides a tube to
                      the surface through which water is inhaled and discharged to bring in food
                      particles. The neck is muscular and can be quickly retracted. Neck length
                      among and within species is variable depending upon borrow depth.
                           Food particles are filtered out of the water by specially modified gills.
                      Much of the clam is composed of digestive and reproductive tissue and the
                      thin mantle which lines the shell. Also present are the two adductor muscles
                      which close the shell and the muscular foot which is used for burrowing.

                           Feeding. Clams are highly specialized and very efficient filter feeders
                      relying on plankton in the water for nutrition. Plankton-rich water is sucked
                      in through the inhalant siphon by the beating of the fine cilia on the highly
                      developed gills which filter out and concentrate the food particles. The
                      gills are very selective as to the size of the food particles filtered -
                      with single cell algae and bacteria generally preferred. To collect sufficient
                      food, a clam must pump large volumes of water (e.g., an oyster may pump
                      150 gal./day). The rate of feeding increases both when food is more abundant
                      and when the water is warmer (Walne 1972) and is, therefore, greatest during
                      spring, summer and fall. Feeding slows or ceases during winter when plankton
                      abundance and water temperature drop. Inedible material and oversized particles
                      filtered by the clam are mixed with mucous and expelled.

                           Growth. The general pattern of clam growth is rapid growth between about
                      March and October when temperatures increase and plankton abundance is greatest,
                      followed by much slower growth or a cessation during winter when temperature
                      and food supplies decline. This pattern of growth is often shown in the shell
                      as rings indicating the slowed growth during the winter. Careful counting

                                                           17

                                                                                     Neck or siphon

                              Posterior
                           Adductor muscle
                                                          V

                           Hinge
                         I i g amen t

                           Gills                                  R     A@

                            Umbo

                                                      x

                               Anterior
                           Adductor muscle
                                                                                       Foot

                                       Figure 3. Body parts of a typical clam.

                                                           18

                    of these rings provides the age of clams just as in aging trees. Environmental
                    conditions can greatly affect the rate of growth and the age at which a clam
                    reaches harvestable size. During the series of warm years a littleneck clam,
                    for example, in some parts of Puget Sound may approach harvestable size in
                    about 2 years. In other areas or during a series of cold years this could
                    take 5 years.
                         Figure 4 compares the growth of intertidal horse, butter and littleneck
                    clams from the Strait of Georgia, British Columbia (Quayle and Bourne 1972).
                    These figures should be fairly representative of Puget Sound, although these
                    growth rates may be slower than those locally. The littleneck clam is the
                    smallest of the three reaching only about 2-1/2 inches maximum shell length.
                    Sexual maturity in clams is a function of size, and littleneck clams reach
                    maturity when about 25 mm long, usually within 2-years. They are usually
                    harvested 1 to 2 years later at a size of about 40 mm.
                         Butter clams grow faster but enter the fishery at a larger size. Butter
                    reach sizes of up to 4-inches reaching sexual maturity at about 35 mm (2-1/2
                    years) and harvestable size of 60 mm at 4-5 years. Horse clams are the largest
                    and fastest growing of the clams reaching sizes up to about 6 inches (150 mm)
                    long. Sexual maturity occurs at around 70 mm (3 years). Again harvest occurs
                    about 2 years after maturity - allowing 2 years of spawning before harvest at
                    a size of about 4-inches (100 mm).
                         Figure 4B shows clam growth in terms of whole weight. Weight gain in very
                    young clams is relatively slow, as it is for older clams with the rate of growth
                    reaching a maximum at intermediate ages when the accumulation of weight is
                    greatest per year (Figure 4C). Littlenecks reach their maximum growth at
                    about four years of age at which point a clam would gain about 12 grams per
                    year. Butter clams' maximum growth rate is about 23 grams/year when 5-6
                    years old while horse clams gain over 70 grams/year at peak growth at about
                    6 years. In all cases, the clams reach maximum growth shortly after reaching
                    harvestable size.

                         Reproduction. Clams, like many sessile organisms, are broadcast spawners
                    simultaneously releasing eggs and sperm into the water column where fertilization

                                                       19

                        160  4 A.                                              LN - Littleneck clam
                        140 -                                             6    B - Butter clam
                        120 -                                             5    H - Horse clam
                        100 -

                        80 -
                                              LN                          3
                        60 -
                                                                          2
                        40 -

                      CU
                        20

                           0    2   4   6   8   10 12 14 16 18         20
                                     Age    years

                      1000
                        900-                                           .2.           4 C.
                                                                                  80 -
                        800-
                                                                                 @70 -
                        700-
                                                                                 j60
                        6001-                                                                                          CP
                                                                                  50 -
                     4-1 500                  H
                     Cn
                                                                                 0'40 -
                        400-

                     P                                                           4-30
                     _2 300-
                     U                                                                     B
                                                                                  20
                        200-
                                              B
                     0                                                                    LN
                                                                          0
                        100                   LN                          Q-      10

                                                                                   0  2   4 6  8 10 12 14 16 18 20
                          0     2  4    6   8   10 12    14  16   18 20                   Age - years
                                    Age     years

                             Figure 4. Growth of the three commerical hardshell clam species.
                                4 A. Growth in shell length
                                4 B. Growth in weight of the whole clam
                                4 C. Annual rate of growth

                                                                20

                     occurs (Figure 5).  During the year the gonads develop and enlarge, then
                     when the proper environmental circumstances occur, especially water temper-
                     ature and food abundance, spawning occurs. In a ripe population the sex
                     products in the water stimulate further spawning and thus ensures that the
                     sperm and eggs are in the water at the same time to maximize the chance of
                     successful fertilization. Depending upon species and clam size, a single
                     female clam may release many million eggs during a single spawn.
                          For each species there is generally one time of the year when most
                     spawning occurs. Smaller sporadic �pawns may occur during other times,
                     especially during warm summers when the clams may recover from an early
                     spawn in time to spawn again. Littleneck clams generally spawn in early
                     spring and may spawn sporadically during the summer. Butter clams spawn
                     in late spring and sometimes again in late fall. In British Columbia Tresus
                     capax spawns in late winter and early spring while in Humboldt Bay, California
                     spawning is as early as January (Breed-Willeke and Hancock, 1980).

                          Larval Development. Immediately upon fertilization, the eggs divide
                     and rapidly develop into free swimming larvae.. The larval period generally
                     lasts 3-4 weeks depending upon species, temperature and food availability.
                     The larvae go through a number of developmental stages, feeding on small
                     plankton. Swimming ability is limited and the larvae are carried wit@ the
                     currents which may disperse them many miles from their parental beds.
                          At some optimal size (about .25-.30 mm or 0.01 inch) the clam settles to
                     to find a suitable substrate. Upon settlement, the clam temporarily adheres
                     to a pebble or piece of shell with a byssal thread. As the clam grows, it
                     burrows deeper into the substrate, with the depth of the burrow limited by
                     the length of the siphon. The clam burrows are generally permanent with
                     additional burrowing occurring only if the clam is disturbed or removed.
                     Large butter and littleneck clams can burrow only with great difficulty and
                     mature horse clams may loose all ability to reburrow.

                                                       21

                                      B                  C

                                     N,                                                  E

                                                                                                 F

                                             A

                                                      Oil

                                                               Figure 5. Larval clam development.
                                                               Spawning clams release their gam'etes
                                                               into the water 'A) where the egg (8)
                                                               is fertilized. Cell division begins
                                                               immediately (C) and development pro-
                                                               ceeds through a series of planktonic
                                                               stages (D,E,F) before the clam looses
                                                               its swimming ability and settles to
                                                               the bottom.

                                      7

                                                          22

                     Mortality
                         Upon burrowing, the clam passes out of the most dangerous stage in its
                     existance. As larvae the clams are highly susceptable to predation by small
                     fish, crustaceans and even other filter feeders (including clams). They may
                     also be carried by currents into deep water or other areas which are not
                     suitable for settlement. The chance of survival to settlement for these
                     larvae is probably less than one in a thousand.
                         Upon settlement, the clam's chance of survival improves but it is still
                     vulnerable to predation, damage from shifting substrates, etc. Even adult
                     clams, are not entirely safe. Siphon tips may be eaten by bottomfish or crabs.
                     Crabs may dig into substrate to attack clams - especially the red rock crab
                     (Cancer productus) which will carefully break away the thin edge of the shell
                     to reach the meat. Another major predator of hardshell clams are starfish,
                     which wrap around the clam and exert a constant pressure to open the shell
                     until the clam's adductor muscles tire. Once the clam is open slightly the
                     starfish everts its stomach into the shell and begins initial digestion. Final
                     digestion occurs in the internal stomach.
                         Perhaps the most specialized predator on clams is the large moon snail
                     Pollinices lewisii. The moon snail moves randomly through the substrate until
                     a clam is found. The snail then drills a neat, counter-sunk hole in the clam
                     shell with its rasp-like tongue. This hole is almost always near the apex
                     of the shell (umbonal region), usually on the left shell. The clam is then
                     killed or immobilized with a toxic injection before it is eaten. Littleneck
                     and butter clams are the most common food of the moon snail with horse clams
                     only rarely attacked - perhaps because of their depth in the substrate.
                         Horse clams frequently host commensal pea crabs (Pinnotharid sp.-). These
                     clams live in the mantle cavity and may reach sizes up to one inch long, but
                     do not harm the clam. Pea crab sometimes inhabit butter clams also. Clams
                     are also occasionally hosts to parasitic worms. The incidence of infection
                     appears to be rare and poses no danger to human consumption.

                                                     23

                   Pollution and Toxicity
                       because clams are such highly efficient filter feeders, human pathogens,
                   in the water can be concentrated to dangerous levels by the clam can and pose a
                   threat to those who eat the clams. Of particular concern is pollution by
                   bacteria and viruses from improperly treated sewage, leaking septic systems,
                   agricultural run-off, etc. These pathogens may include Salmonella, infectious
                   hepatitis and other bacteria and viruses. Another concern which has recently
                   become a major problem in Puget Sound is the planktonic dinoflagellage Gonyaulax
                   cantenella, the causitive organism of paralytic shellfish posioning (PSP) or
                   "Red Tide". Although "red tide" may be caused by a variety of planktonic red
                   algae, only those caused by blooms of Gonyaulax, which contain a powerful neural
                   toxin, are@dangerous. Clams usually feed on Gonyaulax without effect, concen-
                   trating the toxin. If these clams are eaten and sufficient toxin ingested,
                   they can be lethal. PSP is generally a problem only during the summer or warm
                   weather.
                       Because ofthe health hazards, all commercially harvested clams are
                   carefully monitored by the Department of Social and Health Services. Before
                   any harvest is allowed the area must first be certified as free from pollution
                   by DSHS on the basis of strict federal standards for shellfish sanitation.
                   Fecal coliform levels above 230 per 100 g of clam tissue or 14 per 100 ml of
                   water will result in decertification, as will close proximity of the beds to
                   potential sources of pollution - e.g., sewage outfalls, marinas, etc.
                       DSHS also monitors for PSP. The occurrence of dangerous levels of
                   Gonyaulax are quite sporatic and unpredictable. DSHS, following federal
                   guidelines, regularly monitors beaches around Puget Sound. If the paralytic
                   shellfish toxin exceeds*80 mg/g of tissue commercial harvest is stopped by
                   the DSHS and the general area around that beach is closed to recreation
                   shellfish harvest by the local health department. Since 1942 the Washington
                   Coast and Strait of Juan de Fuca have been routinely closed to all recreational
                   clam and oyster harvest, except razor clams, between April 1 and October 31.
                   In recent years major portions of Puget Sound have also been closed. Samples
                   of commercially harvested clams are also routinely monitored to ensure that
                   clams reaching the market place are safe for human consumption.

                                                    24

                                      The Subtidal Hardshell Clam Fishery
                    History
                         Butter clams and littleneck clams have long supported commercial inter-
                    tidal harvest in Washington and British Columbia, with production in Washington
                    ranging from one million to over 3-million pounds per year since 1935. These
                    clams have also supported a major sport clam fishery. Contributing to the
                    popularity of these clams was their abundance, relative ease of digging, and
                    their ability to close tightly - giving them relatively long shelf lives.
                    Littlenecks, which if kept cool and moist have shelf lives of 5-7 days, have
                    generally been sold in the shell as steamer clams while butter clams, with
                    a shorter shelf life, have traditionally been canned.
                         The horse clam, has not received commercial interest until recently.
                    It is difficult to dig the deeply burrowed clam without breaking the shell
                    and the clam is perishable because the shell cannot be tightly closed. The
                    proportion of meat is relatively low and the clams are difficult to process
                    but the neck meat is of high quality.
                         The hardshell fishery was limited to intertidal beaches, until 1956
                    when a mechanical clam harvester, was introduced to Puget Sound. After con-
                    siderable modifications to allow its use in the deep, rocky waters of Puget
                    Sound, an experimental commerial fishery began in 1959.

                    Harvest Tracts
                         WDF has made extensive inventories of potential commercial subtidal clam
                    beds in Puget Sound. These inventories-were made by SCUBA divers using a hand-
                    held venturi suction dredge. This sampling is adequate for assessing the abun-
                    dance of clams but not to assess the economic feasibility of harvest. Such
                    determinations necessitate test harvest with commercial gear.
                         Forty-seven major beds have been identified ranging in size from 1 to 847
                    acres. Of these, 14 are classified as,commercial beds based upon past har-
                    vests. These 14 beds represent 494 acres and have produced 8,807,609 pounds
                    of clams since 1962. At present, 292 acres are under lease for harvest, but
                    only three tracts, 194 acres, are under harvest pending final resolution of
                    legal challenges to harvest in Agate Pass, Kitsap County. Harvest is also

                                                    25

                 being conducted on Semiahmoo Spit in Whatcom County in an attempt to utilize
                 a major clam bed before it is destroyed by construction of a marina. The
                 commercial beds are shown in Appendix A.

                 Harvest Gear and Methods
                      The mechanical clam harvester, or hydraulic escalator harvester, intro-
                 duced to Puget Sound in 1956 was designed by Fletcher Hanks in 1951 for the
                 harvest of the eastern soft-shell clam (Mya arenaria). These clams are har-
                 vested from shallow mud bays along the Atlantic Coast of the U.S. and Canada.
                 The Hanks' harvester is used extensively for this harvest and hundreds of these
                 boats are currently in operation. Only one operator is using a mechanical
                 harvester in Puget Sound although a new boat is presently undergoing testing.
                      The mechanical harvester (Figure 6) uses water jets to loosen the substrate
                 and allow removal of the lighter clams. As the harvester moves forward (at up
                 to 10 ft/min), water jets at the front of the harvester loosen the substrate
                 material which is then washed back towards a one inch mesh screen conveyor belt
                 which carries the clams to the surface. Large, heavy particles such as rocks and
                 gravel settle to the bottom of the trench before reaching the conveyor. Small
                 material, including small clams, fall through the conveyor belt into the trench.
                 Larger, light objects and largeri clams are retained and carried to the surface
                 where the harvestable size clams are removed by hand. The remaining material
                 then falls back into the water in the approximate location of the trench.
                      Limited harvest has also been conducted using a hand-held venturi
                 suction dredge. This permits harvest in rocky areas and among obstructions
                 where a hydraulic harvester could not operate. A bed near Point Roberts is
                 under lease for venturi harvest but the method is proving only marginally
                 successful. No environment evaluation of the method has been made.
                      Presently one hydraulic escalator harvester is operating in Puget Sound
                 on three subtidal tracts of 192 total acres. Harvest operations are rotated
                 around these tracts based upon the following criteria:

                                                   26

                                                                      El 0
                                                                                    14 Irk

                                                                      WM=V4WW4W 4W1P4WWAIWP"WW4WWAOPWAP.6.

                                                                             6-1

                                                                                       0
                                               a
                                                                              D

                                                                         ';P V

                                                        tt
                       IPA

                       Figure 6. A  hydraulic escalator harvester showing   the relation of the gear to
                       the harvest vessel (upper) and the operation of the harvest head (lower). The
                       harvester loosens the substrate with jets of water (A). The lighter material
                       is directed back towards a wire mesh conveyor belt (B) by additional jets of
                       water (C). Heavy particles fall through the harvest head (D) and back into
                       the trench. Small particles fall through the conveyor belt while the harvest-
                       able clams and other large, light material is carried up the conveyor belt to
                       the surface where the clams are removed by hand. The remaining material falls
                       off the belt and back into the water.
                                                           27

                          a.  Exposure.  Some tracts are exposed to wind, waves and current
                              and can only be harvested under favorable conditions.
                          b.  Red Tide. Recently red tide has prevented harvest of some
                              tracts during the summer forcing the operator to work in
                              other areas.
                          c.  Clam Stock Recovery. After harvest the operator leaves an area
                              to recover, allowing clam density and size to return to economically          Pr
                              harvestable levels. The harvester will routinely check tracts to
                              determine suitability for reharvest and when possible, will allow
                              an area to lay fallow 3-4 years.
                          d.  Species Desired. The species mix of the three clams varies from
                              tract to tract. By selecting which tract to harvest, the
                              operator can control to some degree the species harvested.

                          The harvester works on state owned subtidal beds between extreme low water
                     (4.5 ft. below MLLW), and about -25 feet, which is the maximum depth that the
                     conveyor can reach. The boat moves forward, into the current, as fast as the
                     substrate can be loosened. By observing the material on the conveyor belt,
                     the harvester can judge the type of substrate, the presence of eelgrass, and
                     the suitability of an area for harvest. A tract is usually harvested systemati-
                     cally with a portion of the tract being harvested repeatedly until harvest
                     production drops to a level which the operator considers uneconomical.

                     Harvest Production
                          Over the last decade, subtidal hardshell clams have accounted for about
                     a third of the state's hardshell clam production. Between 1969 and 1978 the
                     industry reached its peak production averaging over 700,000 pounds per year
                     and reaching 1,008,906 pounds in 1977 (Figure 7). Since the start of the
                     fishery in 1959, almost 10-million pounds of clams have been harvested.
                          Total production is closely related to the acres of clam beds available
                     for harvest. Table 1 shows the tracts which were actively harvested, the
                     date of issue and termination, and their acreage. Acreage under harvest
                     reached 386 acres in 1974 and declined following the closure of Agate Pass

                                                      28

                             1000

                           CD
                           CD

                              800

                           x

                           (D
                           4-j 600
                           U)

                           CTJ

                              400
                  NO       E
                 UD        CU

                              200

                           Z3
                           0                          A--   I
                                 0    '60                       '65                       '70                                                    0
                                                                Year harvested
                                           Figure 7..Commercial harvest of subtidal                  hardshell clams in Puget Sound,

                             Table 1. Subtidal hardshell clam tracts which have been, or are being,
                             actively harvested.

                                                                       Year
                        Tract name                    Acres          issued         Status of tract
                        Case Shoal                      40             1962         Returned 1973
                        Brown Point                     37             1966         Returned 1976
                        Kilisut Harbor                  132            1968         Active
                        Colvos Rocks                    27             1969         Active
                        Pt. Townsend Canal              35             1969         Active
                        Boys' Camp Pt.                    8            1970         Returned 1975
                        South Point                       6            1970         Inactive
                        Agate Pass (E)                  13             1972         Inactive*
                                      (SW)              43             1972            1]
                                      (W)               14             1973
                                      (NW)              43             1974
                                      (NE)              28             1974

                                      Pending final court decision on       Shoreline permit requirements.

                                                                   30

                   in 1978 to 192 acres, with a subsequent decline in clam production to
                   136,000 pounds in 1979. Production in 1980 increased with the opening
                   8 acres of clam beds on Semiahmoo Spit in Blaine where 300,000 pounds
                   were harvested, between October 1980 and January 1981.
                        Production by species has varied depending upon market conditions and
                   the areas harvested (Figure 8). Butter clams have generally predominated in
                   the catches (52% average) and subtidal harvest has provided 80-90 percent
                   of the state's butter clam production. Subtidal harvest has provided about
                   a quarter of the state's native littleneck cfam production since 1959 but
                   their proportion in the catch has declined. Over the last 5 years only
                   15 percent of the landed littleneck clams were harvested subtidally.
                        Perhaps the most significant change in catch composition is the pro-
                   portion of horse clams. Initially, the horse clam had no market value and
                   areas of horse clams were either avoided or the horse clams were not retained.
                   During the 1970's horse clam harvest increased as markets were developed and
                   the value of the clam increased to equal that of butter clams. Over the past
                   5 years, horse clams have made up over 1/3 of the catch and, just prior to
                   the closure of Agate Pass to harvesting, horse clams were the dominant species
                   caught.

                   Harvest Potential
                        Over 170 million pounds of subtidal hardshell clams have been identified.
                   It is conservatively estimated that the maximum sustainable yield for hardshell
                   clams in Puget Sound would be around 10 percent of the standing crop per year
                   or as much as 17 million pounds per year. However, only a small portion of the
                   resource in shallow water is in suitable substrate for harvest, is protected
                   from wind and waves, and is unpolluted. Allowing for these factors, it is
                   estimated that only 2-2.5 million pounds could be harvested annually on a
                   sustained basis with present technology.

                   Cost,of Production
                        Only one harvester is presently in,operation directly employing 2-3 people.
                   The total investment including the machine and modifications to reduce noise and

                                                     31

                                           400

                                           300           Littleneck

                                           200  -

                                           100  -

                                                      L
                                              .0     60            '65             '70             '75              so

                                        C>
                                        ':" 600 -
                                        C@

                                           500  -        Butter

                                        4J

                                           400  -

                                           300  -

                                        0

                                           200  -

                                        4IU3 100
                                        Ln
                                        S-   OLI      I  I  I  I  I  I     I   I  I
                                                    '60            '65             '70

                                           600 -
                                        E

                                           500 -         Horse
                                        4-

                                        Ln 400

                                        :3
                                           300

                                           200

                                           100

                                              01
                                                    '60            '65             '70             '75             180
                                                    Year of Harvest

                                    Figure 8. Puget Sound subtidal,hardshell clam production by species.

                                                                                  32

                     improve efficiency is near $150,000,while operating costs are around $30-40 per
                     day for fuel alone. Presently production varies between 2,000-5,000 pounds
                     per day with a maximum capacity of around 10,000 pounds per day depending upon
                     the substrate, clam density, operating limitations, etc. About 2,000 pounds
                     per day is necessary to cover operating costs and wages (Doug Lyle, pers. com.).
                     Total production is limited by the availability of harvestable tracts. Current
                     harvest is limited by the availability of clams to only about 3 days a week (5
                     or 6 hours per day). Between September 1980 and September 1981 there were
                     only 137 days of harvest (about 7,000 hours). Harvest was limited partly by
                     the availability of clams but also by equipment breakdowns and by tract closures
                     due to PSP and sewage pollution. Harvest in 1979 was only 135,000 pounds and
                     increase to over 400,000 pounds in 1980 as a result of 300,000 pounds taken
                     from the Semihaimoo Spit marina site near Blaine. The harvested value of the
                     hardshell clams ranges from $0.25 to $0.85 depending upon the species. Most
                     of the catch, however, is butter and horse clams and the average landed value
                     is only around $.032 per pound. Production from his operation has resulted in
                     up to 30 people being employed to process the harvested clams. A new harvester
                     is now being tested which is estimated to be worth around $800,000. This har-
                     vester will reduce the impacts of the fishery while allowing access to clam beds
                     in deeper water (to about 30 feet).
                           Other costs include the harvest tract lease and royalty payments to
                     DNR. Royalties are now 5 cents per pound on harvested littleneck clams
                     and 3 cents per pound on butter and horse clams. Table 2 shows the income
                     generated to DNR from these leases. The operator must also pay a $300 annual
                     WDF license fee for the harvester, $15 for a WDF clam farm license, and a
                     2% privilege tax on the landed value of the catch to the Department of Revenue,
                     in addition to regular business taxes.

                     Table 2. Revenue generated to State through DNR leases for subtidal clam
                                harvest.

                                            Year                            Dollars

                                            1974                            14,504
                                            1975                            18,352
                                            1976                            11,467
                                            1977                            12,431
                                            1978                            18,570
                                            1979                              6,826
                                            1980                            12,086

                                                          33

                    Catch Value and Markets
                         Presently all subtidal hardshell clams are being harvested for a local
                    seafood restaurant chain which pays a price of 25 cents per pound for butter
                    and horse clams and 50-90 cents per pound for littlenecks - the higher price
                    being for small, steamer-size clams. This one buyer is apparently able
                    to utilize all of the clams harvested and is seeking more. Additional markets
                    exist also. Steamer size littleneck clams sell for .85-$1.00 to the harvester
                    on the local market and strong demand exists in and out of the state. Butter
                    clams have been canned for many years but local processors must now rely on
                    imports from Canada and would util-ize local clams if available. Horse clams,
                    which until recently were not considered a desirable species, are now proving
                    to be very good clams for chowder having a large proportion of white meat.
                    There are also possible markets for horse clams in the Orient which may further
                    increase the clam's value. It, therefore, appears that the market could readily
                    accept significant increases in clam production. At maximum sustainable yield,
                    the value of the catch could increase from about $150,000 presently to close to
                    $1,000,000 annually.

                               Impacts of the Fishery on the Marine Environment

                    Effect on Clam Stocks
                         Clam harvest, whether manual or mechanical, removes adult clams,
                    disturbs small clams, causes some incidental clam mortality (due to shell
                    breakage, smothering, or increased exposure to predation), and alters the
                    substrate which may affect future sets. Studies both in Puget Sound and
                    on the East Coast have demonstrated that the hydraulic clam harvester is
                    the most benign method which is practically and economically feasible for
                    subtidal clam harvest.
                          Two important factors in evaluating a harvest method are its efficiency
                    (ability to harvest all of the adult clams in its path) and the breakage rate
                    (percent of clams which are broken or damaged by the harvester). In tests by
                    WDF, the Hank's type harvester was much more efficient and less wasteful in
                    the coarse substrates of Puget Sound then other gear tested (Goodwin 1973).
                    The EIS on subtidal clam harvest specifies a harvest efficiency of better than
                    90 percent and a breakage rate of less than 15 percent. Studies on the East

                                                      34

                     Coast show harvest efficiencies of 95-100 percent with less than 5 percent
                     breakage of soft shell clams. This was compared to hand harvest where effic-
                     iency averaged only 60 percent and mortality due to breakage and burial averaged
                     48 percent of the unharvested clams (Medcof and MacPhail, 1957).
                          The small clams which fall through the conveyor belt are lighter than
                     the substrate material and land on the surface of the trench. Thus mortalities
                     due to burial and smothering are minimal. Medcof (1961) found that 90 per-
                     cent of the small soft shell clams in Nova Scotia were returned to the surface
                     of the trench and reburrowed within two hours, although large adult clams had
                     great difficulty reburrowing. Reburrowing is facilitated by the softness of
                     the substrate in the trench; however, while the clams are on the surface they
                     are subject to predation by fish, crab, starfish and moonsnails.
                          Observations at a number of harvest sites in Puget Sound have demon-
                     strated that the clam populations rapidly recover from harvest although
                     the rates of recovery will vary depending upon area, the percent of the
                     population removed by harvest and the occurrence of successful clam sets.
                     Generally harvest is terminated by the harvester before clam densities drop
                     to less than about 0.4 lb/sq. ft. (and bed over 0.25 lb/sq. ft. is considered
                     a major bed). Recovery of the beds to preharvest levels, even when intensely
                     harvested, usually requires less than 5 years. A harvester normally will
                     allow a tract to lie fallow for 3-5 years between harvest and will not harvest
                     until the clam density returns to levels which will support profitable harvest.
                          The ability of the clam population to support harvest is demonstrated
                     by the continued yield of clams over many years from tracts such as Kilisut
                     Harbor. Specific studies have been conducted to assess the rate of recovery
                     at two harvest sites in Puget Sound - Buggy Spit at the entrance to Kilisut
                     Harbor (Goodwin and Shaul, 1980), and South Point on Hood Canal (Goodwin, 1973).
                     In 1959, 238,000 pounds of clams were harvested from 40 acres of Navy-owned
                     intertidal beach on Buggy Spit. Between October 1970 and January 1972 another
                     565,630 pounds were harvested. Eighteen months after the second harvest the
                     abundance of harvestable butter and littleneck clams approached or exceeded
                     preharvest levels. Littleneck clams, however, attained only about a third of
                     their pre harvest density after 3-1/2 years.

                                                     35

                            At South Point extensive harvest occurred between 1971 and 1972, removing
                       94,000 pounds of butter clams. After harvest ceased the population had dropped
                       from 159,000 to only 40,000 pounds. By January 1975 the population had recov-
                       ered to 153,000 pounds, and in December, 1977 was 165,000. Similar recoveries
                       had also been observed in Kilisut Harbor, Colvos Rocks, and Agate Pass.
                            The suitability of the harvested tracts for settlement and growth of
                       small clams to replace those harvested has also been demonstrated repeatedly.
                       In Agate Pass on one harvest tract butter clam and littleneck seed clams
                       increased from 0.71 and 0.86 per sq. ft. before harvest to 1.33 and 1.17 per
                       sq. ft. 3 months after harvest. On a nearby tract the seed clam densities
                       were 1.07 and 2.64 respectively before harvest and 1.00 and 3.00 per sq. ft.
                       after harvest (Goodwin 1980, before Shorelines Hearing Board). At South
                       Point the preharvest butter clam seed density was 0.8 per sq. ft. Twenty
                       eight months after harvest ceased the density of seed clams had almost
                       doubled at 1.55 per sq. ft. Similar results have been observed on the     East
                       Coast showing that harvest does not reduce the settlement and survival   of
                       seed clams (Pfitzenmeyer, 1972). Kyte, et al. (1975) observed a significant
                       increase in the abundance of seed clams in the harvest tracks one season
                       after harvest. In some areas tilling the clam beds may increase the success           CV
                       of a clam set. Intertidal clam farmers will sometimes dig less productive
                       areas specifically to enhance the beds for clam settlement and growth.
                            One effect of repeated harvest on some tracts is that the relative pro-
                       portions of the three clam species may change, indicating that one species
                       may reproduce, set, survive and grow more aggressively than the others. This
                       appears to be the case in Agate Pass and some other areas where horse clams
                       numbers have increased relative to butter and littleneck clams. There has
                       been concern that eventually horse clams would dominate the clam population
                       on the tract and eventually alter the species composition of the area.
                            This does not appear to be the general case. While horse clams appear
                       to be the dominant clam in Agate Pass, other clams dominate other areas.
                       Many beds are almost exclusively one species, as South Point which is almost
                       exclusively butter clams, or Kilisut Harbor where the population is dominated
                       by butter and littleneck clams with few horse clams.

                                                        36

                         Concern has been expressed that the harvest of subtidal clams stocks are
                    important to the seeding and repopulation or intertidal"beaches. The plank-
                    tonic clam larvae are mixed and widely dispersed by currents and may set many
                    miles from their parental stocks. Thus it is very unlikely that any intertidal
                    beach would be dependant upon a specific local spawning population. South
                    Puget Sound illustrates this point because a major intertidal commercial clam
                    industry exists despite the absence of major subtidal clam beds. It should
                    also be noted that even immediately after harvest a spawning population remains
                    on the tract. Harvested tracts generally still have clam densities over 0.4
                    lb/sq. ft. and thus still constitute major beds. In addition to these remaining
                    mature clams, clams which are less than harvestable size, yet are sexually mature
                    will remain to contribute to the spawning reserve.

                    Effect on Other Animals
                         Except for sessile organisms and animals living in the substrate, no
                    effect has been demonstrated on other fish from harvesting by hydraulic
                    equipment. Although an occasional crab comes up the harvester's conveyor
                    belt (usually unharmed), most crab and fish are able to move out of the
                    harvester's path. In Agate Pass (harvested 1972-1978) it was suggested that
                    cod fishing declined as the result of harvesting. Studies by marine fisheries
                    biologist demonstrated no significant effect from clam harvesting. In fact,
                    fishing effort 'around Bainbridge Island had doubled between 1974 and 1978.
                    The number of cod caught during the same period tripled, and-the catch of cod
                    in inner Puget Sound increased almost four times (Bargmann, 1980). Manning
                    (1957) compared fishing in Chesapeake Bay during four years of harvest with
                    the four years prior to clam harvest and found no effect. Manning did note
                    that fishing and crabbing temporarily declined downstream from the harvester.
                    This was attributed to either adverse effects of the harvester or, more
                    likely, the attraction of fish and crab upstream to the harvest area to feed
                    on exposed clams, worms and other organisms.
                         It is recognized that harvesting can have some effect on other fish
                    especially if their habitats are disrupted. In harvest site selection WDF
                    eliminates from consideration tracts which are significant to important species.

                                                     37

                   For instance-, tracts in Dungeness Bay and around Guemes Island were eliminated
                   to protect Dungeness crab, while parts of Agate Pass were eliminated from
                   harvest to protect lingcod spawning areas. Seasonal and operational limitations
                   have also been imposed to protect herring spawning and to protect migrating
                   salmon.
                        While fish and crab can generally escape a slow moving harvester, animals
                   attached to or living in the substrate are often killed or exposed to predation.
                   Goodwin (1978) demonstrated that the number and biomass of these organisms
                   were reduced in the harvest tract as compared to adjacent unharvested areas,
                   but also noted that recovery of these populations was quite rapid. The species
                   diversity was not reduced by harvest. Similar results have been noted on the
                   East Coast (Kyte, et al., 1975; Godcharles, 1971).

                   Effect on Eelgrass
                        Eelgrass (Zostera marina) is a perennial vascular plant found throughout
                   the northern hemisphere. Eelgrass occurs from the mid-intertidal zone down
                   to about 100 feet with depth being limited by the penetration of sunlight. In
                   the rich waters of Puget Sound its depth range is limited to about 22 feet below
                                                                                                           Ao"
                   MLLW (Phillips, 1972). Eelgrass is found 'on mud and sand substrates, in bays
                   and on beaches sheltered from extreme wave action in northern and'central Puget
                   Sound,and Hood Canal. Eelgrass is only occasionally found south of the Tacoma
                   Narrows. The Coastal Zone Atlas of Washington series (DOE, 1978-80) shows
                   over 40,000 acres of eelgrass beds in Puget Sound (Table 3); however, many
                   subtidal beds are not shown. Thayer and Phillips (1977) estimate that over
                   125,000 acres of Puget Sound are covered by eelgrass.
                       The eelgrass plant (Figure 9) consists of a rootlike rhizome from which
                   clumps (turions) of long bladed leaves emerge. Each eelgrass plant may have
                   many turions. Eelgrass may occur in dense patches or bands, in sparse beds,
                   or in extensive dense beds which may cover thousands of acres such as in
                   Grays Harbor and Willapa and Padilla Bays. Phillips (1972) studied two
                   eelgrass beds in Puget Sound, Alki and Bush Points. The combined average
                   densities of these beds was about 420 turions per m2 with densities
                                                 2
                   ranging from 3-1,743 turions/m

                                                    38

                                                     Table 3.

                                       EELGRASS ABUNDANCE IN   PUGET SOUND

                    COUNTY                                               ACRES OF EELGRASS

                    Whatcom                                                    1,449

                    Skagit                                                     20,228

                    Snohomish                                                  1.665

                    King                                                       1,110

                    Pierce                                                        531

                    Thurston                                                       40

                    Mason                                                         697

                    Kitsap                                                     2,982

                    Jefferson                                                  3,806

                    Clallam                                                    2,384

                    San Juan                                                   2,114

                    Island                                                     3,494

                    TOTAL                                                      40,200

                         Area of eelgrass beds based upon planimeter measurements of
                        the eelgrass beds shown in the Coastal Zone Atlas of Washington
                        series (1978-80). The Coastal Zone Atlas does not show many
                        subtidal beds and does not give any criteria defining what con-
                        stitutes a shown bed. Therefore, this estimate of eelgrass
                        abundance is probabl y less than the actual abundance.

                                                           39

                                                                            ,,,-Leaf or blade

                               Turion

                                                                                           JC

                                         It

                                  Rhizome

                                     Figure 9. Eelgrass (Zostera marina).

                                                        40

                          Eelgrass is important in the marine environment, stabilizing the soft
                     substrate with a mat of inter-twined rhizomes and providing a habitat for
                     a myriad of organisms. Eelgrass provides protection and food for many other
                     plants, fish, invertebrates, and birds either directly or through the food
                     chain. Eelgrass beds are important or critical areas for many of the species
                     which support the commercial fisheries of the state including     herring which
                     spawn onto the eelgrass leaves, juvenile salmon which utilize the beds as
                     nursery areas, and Dungeness crab which dwell in the beds. WDF therefore
                     shares the concern of many agencies and individuals over any activities which
                     may destroy or damage these beds, including clam harvesting.
                          Mechanical clam harvesting will effectively uproot any eelgrass in the
                     path of the harvester. Recovery may take many years. The possibility of
                     this damage is minimized by the facts that: 1) commercial densities of hard-
                     shell clams do not normally occur in the fine substrate associated with eelgrass,
                     2) eelgrass clogs the harvester and stalls the machinery, 3) WDF's substrate
                     criteria limit harvest to tracts having less than 15 percent fine materials
                     which would exclude major eelgrass beds; and 4) many tracts with eelgrass would
                     be excluded from harvest to protect other important organisms.
                          To further minimize the possibility of significant damage to eelgrass
                     habitats the Departm ent of Fisheries with assistance from the U.S. Fish and
                     Wildlife Service and the Environmental Protection Agency has developed an
                     eelgrass density criteria to prevent harvest in areas of significant eelgrass.
                     This criteria was based on the observations of eelgrass density in Puget Sound
                     made by divers from the three agencies. Under this criteria, a clam tract
                     will not be authorized for harvest   if:

                          1)  Eelgrass density on the tract exceeds ten turions per 1/4 meter
                              square  (equivalent to 40 turions/m 2 ) if measured November through
                                                                2        2
                              February or 13 turions per 1/4(m ) (52/m ) if measured March
                              through October.
                          2)  No more than 10 percent of the samples shall exceed 20 turions per
                              1/4(m 2

                                                        41

                          3), Eelgrass density shall be determined by at least 20 random samples per
                              tract unless eelgrass is absent.

                          Criteria (1) limits harvest to only those tracts with very sparse eel-
                     grass coverage or none while (2) prevents harvest in those areas where eelgrass
                     occurs in dense patches and random sampling might not adequately detect it.
                     In practice tract boundaries are adjusted as necessary and as practical to
                     exclude eelgrass from the harvest tracts.
                          It is recognized that this standard will not protect all eelgrass, but
                     it is felt that the loss of this small amount of eegrass will have little
                     effect on the important role of eelgrass in the marine environment. It is
                     further felt that if all environmental criteria for the protection of other
                     organisms are met that the loss of this limited amount of eelgrass will be
                     acceptable given the benefits of clam harvesting to the state. These criteria
                     only represent guidelines for determining the suitability of a tract for
                     harvest. Tracts meeting these criteria will additionally be evaluated on
                     a case by case basis.

                     Effect on Other Plants
                          In addition to eelgrass, attached algae and kelp may also be disturbed or
                     destroyed by mechanical clam harvesting. For the larger attached perennials
                     recovery may take some time, while the annuals may recover quite rapidly.
                          Dense beds of attached algae are usually limited to coarse or rocky
                     substrates which provide secure attachment for the plants. These beds,
                     especially kelp, are important to many fish which congregate in the beds
                     and invertebrates which live on the plants or the bottom. The rocky sub-
                     strate may also provide spawning sites for fish such as lingcod. Because of
                     the abundance of organisms, these beds are frequently popular recreational
                     fishing areas.
                          Generally, a harvester is unable to operate in the rocky substrates
                     associated with kelp beds. Yet some harvestable areas may include dense
                     stands of attached algae. WDF has not proposed specific criteria to protect
                     these areas because the harvester normally stays outside dense kelp beds and

                                                     42

                     because this has not been raised as a major issue. Criteria for protecting
                     habitats important to other species, such as lingcod and herring spawning,
                     should adequately protect important kelp beds.

                     Effect on Substrate
                          The most obvious feature of a'recently harvested clam tract is the
                     extensive criss-cross network of shallow trenches marked by an absence of
                     vegetation, and the presence of sand and old shell. These tracts are 6 to
                     12 inches wider than the harvest head (or about 4 feet) and average about
                     6 inches deep (Figure 10). The trenches usually refill quickly, especially
                     in the high current, coarse substrate areas typical of hardshell clam beds.
                     On intertidal Buggy Spit the trenches were refilled and indiscernible from the
                     surrounding area within a month after harvest (Goodwin and Shaul, 1980). In
                     Agate Pass, no harvest furrows were obvious in the study area immediately
                     after harvest had ceased on the tract.
                         The hydraulic harvester basically stirs the substrate to float the clams
                     to the surface and most of the disturbed material never leaves the trench.
                     As the material settles the heavier particles fall faster leaving the lighter,
                     finer material such as sand and old shell on top. This is the reverse of
                     the natural substrate stratification in which currents wash away the finer,
                     lighter particles leaving a coarse surface substrate. Initially, the material
                     in the trench is soft and unconsolidated.
                         A certain amount of the material is washed out of the trench during
                     harvesting and some of the unconsolidated material is eroded from the trench.
                     This sand and shell may be distributed around the tract and in extreme cases
                     may form temporary dunes which move with the currents across the tract. The
                     most extreme case observed on a Puget Sound clam harvest tract was at Buggy
                     Spit (Goodwin and Shaul, 1980) where a transient dune, as much as 12 inches
                     thick, affected a 2-3 acre portion of the 40 acre tract. The dune probably
                     smothered many clams and other organisms but its effect was temporary and
                     limited only to a small portion of the tract. When the tract was next observed
                     two years later, the dune had disappeared and a new clam population was
                     developing. Observations of other dunes confirm they are quite localized,
                     usually remaining within 50 feet of the harvest tracks.

                                                     43

                                                                  36 inches

                                                                           -Y

                                                                                       Soo

                                          Figure 10. Cross-section of a typical tr ench left by a
                                          hydraulic clam harvesting machine (harvester head width
                                          is 36 inches).

                                           M      M                    lei    i

                     Effect on Water Quality
                          A small proportion of the substrate material becomes suspended in the
                     water during harvest allowing deposition of silt away from the harvest tract,
                     causing turbidity, and allowing chemical changes in the water. Tarr (1977)
                     conducted water quality studies at Agate Pass and Kilisut Harbor. At Kilisut
                     Harbor sediment from the harvester was generally confined to a plume near the
                     bottom and about 50 yards wide and 75 yards long while in Agate Pass the plume
                     was only 50 yards long. While this sediment settles out rapidly, very fine
                     particles may stay suspended for longer periods creating a turbid plume visible
                     from the surface. In strong tidal currents in Kilisut Harbor this turbid plume
                     was detectable as far as 300 yards from the harvester while in Agate Pass a plume
                     of only 40 yards was detected. Generally the plumes are less than 200 yards
                     long and 50 yards wide.
                          The impact of these plumes and,silt are negligible given the small amount
                     of sediment involved. They are temporary in nature, and background turbidity
                     often eclipses that caused by the harvest. Fifty yards behind the harvester
                     Tarr observed suspended solids of 0-4 mg1l above background (average I mg/1).
                     (One mg/1 equals about 1 ounce of silt in 6,000 gallons). The average back-
                     ground level for suspended solids was 8-25 mg/land varied greatly due to
                     plankton blooms, wave erosion of beaches, and silt from rivers.
                          In Kilisut Harbor sediment traps were used to determine if silt was
                     moving off the tract and potentially affecting intertidal beaches (Goodwin,
                     1973). On beaches near the harvest area sediment levels did not exceed
                     those of background. On the east coast, where the substrate is predominately
                     fine material, Manning (1957) observed that virtually all silt remained within
                     75 feet of the harvest tract. While extremely large amounts of suspended silt
                     could affect organisms by smothering and reducing light penetration, observed
                     levels of silt are well within the range normally encountered by marine organ-
                     isms and should cause no adverse impact on them.
                          Tarr (1977) also observed the effects of harvest on.water quality. The
                     most probable effect of harvest would be a reduction in dissolved oxygen caused
                     by the suspension of organic and anoxic substrate material. No significant
                     changes in water chemistry were observed, however, to prevent harvest in areas
                     of unsuitable substrates WDF has established chemical criteria for the substrate
                     (See Page 53).

                                                    45

                    Effect Onshore - Noise
                         Noise levels onshore must meet DOE regulatory standards of less than
                    55dBA (45 dBA at night) (WAC 173-60). This may be 5-15 dBA above background.
                    Even at these levels the prolonged harvest in one location close to shore may
                    disturb nearby residents. Although DNR is generally responsible for onshore
                    effects of harvesting, including noise, WDF encourages harvesters to operate
                    at the lowest noise level possible. The one harvester currently in operation
                    has significantly improved its engine muffling and has just modified its conveyor
                    belt system to reduce mechanical noise (Doug Lyle - pers. com.). A new harvester
                    is undergoing test and should be considerably quieter than existing vessels and
                    should create minimal onshore disturbance.

                                         Jurisdiction Over the Fishery
                         A major source of conflict in the hardshell clam fishery, as well as other
                    shoreline activities, has arisen from the many facetted, jurisdictional environ-
                    ment in which numerous state, federal, and local agencies exert some form of
                    control over management and operation of the fishery. This jurisdictional
                    environment has resulted in a complex, confusing, and time-consuming permit
                    process in which each major agency can effectively vdto the proposal and which
                    is open to abuse through delay by anyone opposed to the proposal. WDF cannot
                    unilaterally change this system, but in cooperation with DNR and DOE, is attempt-
                    ing to resolve some of the local and state jursidictional problems.
                         Perhaps the greatest cause of interagency conflict is the overlapping
                    jurisdictions of these agencies, each having its own mandate, goals, con-
                    cerns and constituencies. To better understand their relations the role
                    of each involved agency will be discussed pertinent to subtidal hardshell
                    clam harvesting.

                    State Agencies
                         Department of Fisheries - (WDF) is the manager of the foodfish and shell-
                    fish of the state. WDF's role is defined through its mandate "...to preserve,
                    protect, perpetuate and manage the foodfish and shellfish in the water of the
                    state and... for the purpose of conservation ... maintain the economic well-being
                    and stability of the commercial fishing industry ..." (RCW 78.08.012).

                                                    46

                          It is, therefore, WDF's responsibility to ensure that the harvest of
                     foodfish and shellfish be on a long-term, sustainable basis. In this manage-
                     ment, WDF attempts to accomodate both recreational and commercial use of these
                     resources. WDF also has broad responsibilities to protect the marine environ-
                     ment and specifically shellfish beds (RCW 75.08.060).
                          To achieve these goals the department has the power to pass rules and
                     regulations controlling when, where and how fish shall be taken (RCW 78.08.060).
                     To enforce these regulations, WDF has its own Fisheries Patrol Division, in-
                     cluding officers specifically assigned to the subtidal clam fisheries (hardshell
                     clam and geoducks). Fisheries' regulations may also be enforced by local law
                     enforcement officers.
                          In practice, WDF surveys and inventories the subtidal clam resources
                     and recommends those tracts suitable for harvest to DNR, limits harvest
                     where significant adverse environmental impacts to other fish or the marine
                     habitat would occur, and also ensures that harvest is conducted so as to
                     minimize damage to the stocks and habitats. WDF also licenses the harvest
                     tract and the harvest gear, and sets performance standards for the gear.
                     A major aspect of this management is the study of the biology, ecology and
                     population dynamics of the clam populations and the effects of clam harvest.

                          Department of Natural Resources - DNR administers the state's ownership
                     interest in the subtidal bedlands and the clams which dwell in those beds.
                     As the proprietary owner, DNR is also the lead agency in permit application
                     and compliance under SMA and SEPA. DNR is directed to "foster the commercial
                     and recreational use of the aquatic environment for the production of food
                     fiber, income and public enjoyment" (RCW 79.68.080) and has identified five
                     objectives for its aquatic land management. These are: 1) meeting naviga-
                     tional needs, 2) providing space for a variety of uses, 3) assuring compliance
                     with the environmental requirements of other agencies, 4) maintaining the
                     environmental quality of these lands, and 5) assuring that the public is
                     adequately compensated for public and private uses of state lands. DNR has
                     developed a management plan for the subtidal hardshell clam fishery to carry
                     out its authorities according to the above objectives.

                                                      47

                          DNR is authorized to enter into lease agreements for the cultivation  of
                     clams from state-owned bedlands (RCW 79.01.568). Upon receipt of an appli-
                     cation for lease, WDF is notified and conducts a survey of the proposed site
                     to determine its suitability for harvest and to assess and recommend a minimum
                     rental price (RCW 79.01.576). DNR presently leases the beds on a per acre
                     basis with an additional per pound royalty fee on the clams harvested.

                          Department of Ecology - State Environmental Policy Act - DOE was created
                     in 1970 to consolidate the regulatory programs concerned with protection of
                     water and air resources. With the influx of environmental laws during the
                     early 1970's, DOE became the central agency concerned with protection of the
                     environment at the state level and with planning to ensure this protection
                     and to accomodate competing interest in the use of these resources.
                          Among DOE's responsibilities are setting standards and protecting the
                     waters of the state from pollution (Coastal Waters Act of 1971) setting and
                     enforcing noise standards (Noise Control Act of 1971), and administering the
                     State Environmental Policy Act of 1971 (SEPA), and the Shoreline Management
                     Act of 1971 (SMA).
                          SEPA (RCW 43.21) was implemented to ensure broad consideration of the
                     environmental, economic and social impacts of a proposed action and possible
                     alternatives to that action - whether it be initiated or authorized by a
                     state or local agency. SEPA requires that the lead agency, generally the
                     agency proposing or authorizing the activity, prepare an Environmental Impact
                     Statement (EIS) on those projects which, when considered cumulatively, signif-
                     icantly affect the quality of the environment. The law requires consultation
                     between the lead agency and "... any public agency which has jurisdiction by
                     law or special expertise with respect to any environmental impact involved."
                     (RCW 43.21c.030 (s)(d)). SEPA has had a significant effect in making public
                     and private projects more responsive to environmental and social concerns and
                     has provided a tool by which a citizen or group can challenge a governmental
                     decision. This power has, on the other hand, also provided minority opponents
                     of a project a major tool for blocking or delaying a project.

                                                     48

                        Under SEPA, DNR and WDF have prepared a programatic EIS for mechanical
                    subtidal hardshell harvesting (Vining 1978). Much of the material in this
                    plan on the impacts and effects of the fishery are presented in the EIS and
                    it is recommended to anyone interested in this fishery.

                        Department of Social and Health Services - DSHS under RCW 69.30 is
                    responsible for inspecting and approving shellfish handling facilities to
                    ensure that proper sanitation and health standards are followed and that
                    shellfish growing areas are free from pollution and potential health hazards.
                    Certification of shellfish beds is based upon surveys of fecal coliform
                    abundance in the shellfish, water quality history, and proximity of the
                    area to potential pollution sources (e.g., sewer outfalls, marinas, etc.).
                    No shellfish may be harvested or sold without DSHS certification and certi-
                    fication may be revoked whenever conditions dictate.
                        DSHS also conducts regular monitoring throughout Puget Sound to detect
                    areas of potentially dangerous levels of Paralytic Shellfish Poison (Red Tide)
                    and checks commercially harvested shellfish. The strict and conservative stand-
                    ards of DSHS ensure that the commercial shellfish harvested in Washington are
                    safe for human consumption.

                        Other State Agencies - Other agencies, under SEPA, review clam harvest
                    proposals. The most important of these by virtue of its expertise is the
                    Department of Game. Game is concerned primarily with the protection of game
                    birds and animals and their nesting and feeding habitats. Game is extremely
                    concerned about any proposals which may disturb these animals or damage their
                    habitats. The Parks and Recreation Commission would be involved if the harvest
                    activity might impact nearby state park beaches.

                    Federal Agencies
                        U.S. Army Corps of Engineers - Through judicial interpretation, mechan-
                    ical clam harvesting has been classified as "dredging" (Island County vs.
                    English Bay Enterprises, Ltd.), an activity which requires permission of the
                    Corps of Engineers. The basis for the Corps involvement in clam harvesting

                                                     49

                   is the Harbor and Rivers Act of 1899 (33 USC 403). This Act was intended to
                   regulate actions affecting the navigability of harbors and rivers by limiting
                   unauthorized dredging, filling, and construction. It may be argued that it
                   is a rather generous definition of dredging which includes clam harvesting,
                   but Corps involvement could also be required under the Federal Water Pollution
                   Control Act which governs discharges and water quality alterations with special
                   provisions for shellfish beds. At the moment, only the Seattle District is
                   directed to require such permits for shellfish harvest. No permits are re-
                   quired for the extensive clam harvest operations on the East Coast involving
                   hundreds of boats.
                       The Corps permit must be renewed every three (3) years and will only
                   be granted after all local issues have been decided. Thus a separate, inde-                ME
                   pendent review by the federal government follows the local and state reviews
                   and evaluations.
                       The Corps decisions are also subject to the National Environmental Policy
                   Act (upon which SEPA was modeled), which requires environmental review of
                   major projects and provides federal agencies, as well as the state agencies
                   and public, again, with an opportunity to evaluate and review a proposal.
                   The Corps, based upon this input, may then deny the permit, approve it as
                   proposed, or approve it with conditions.

                       U.S. Fish and Wildlife Service - USFWS has responsibilities for protect-
                   ing freshwater and anadromous fish, marine birds, mammals and their habitats.
                   USFWS shares many of the same concerns of the Department of Game over pro-
                   tection of birds and their habitats and provides important and influential
                   input into the environmental review of Corps permits.

                       National Marine Fisheries - NMFS is the federal equivalent of WDF con-
                   cerned with protection and utilization of the marine environment, with par-
                   ticular expertise in marine fish and mammals.

                   Local Government - Shoreline Management Act
                       The Shoreline Management Act of 1971 (RCW 90.58) establishes the local
                   government (county, city or town) as a primary agency responsible for manage-
                   ment of the shorelines within its jurisdiction. Under the guidance of DOE, each

                                                    50

                     local government bordering navigable waters established Shoreline Master Plans
                     to regulate the use of these shorelines. Following approval of the Master Plans,
                     the Department of Ecology adopted them into its own regualtions (WAC 173-19).
                          The SMA requires substantial development permits for major projects
                     falling within the requirements of the Shoreline Master Plan and then requires
                     environmental review of the proposal with opportunity for public Jnput. The
                     county may attach conditions to the permit to limit or modify a project or,
                     through permit denial, prohibit the project. Permit decisions can be appealed
                     through the six member state Shoreline Hearing Board.
                          The Shoreline Permit process has been a major means used by shoreline
                     residents opposed to mechanical clam harvesting to prevent the activity. The
                     SMA has not provided specific guidance for regulation of mechanical clam
                     harvesting. Each county has thus developed its own policy concerning mechanical
                     clam harvesting, including defacto prohibition of harvest by some counties.
                     DOE's recent amendment of the SMA guidelines pertinent to aquaculture (WAC
                     173-16-060) (2) Aquaculture) is intended to provide greater consistency between
                     counties in their treatment of clam harvest and provide for case by case eval-
                     uation of its suitability. The counties are presently revising this portion of
                     their Master Plans.

                                            Management of the Fishery

                     Subtidal Hardshell Clam Management Goals
                          The basic goal of WDF's management of the subtidal clam fishery is to
                     protect the resource and to manage its use to best serve the interests of all
                     the citizens of the state. To achieve this goal the fishery is managed to
                     accomplish the following goals.
                          1. Protect marine environment.
                              Through its mandate and its responsibilities under SEPA, WDF has a
                     major responsibility to protect the marine environment. WDF is directly
                     responsible for the food fish and shellfish of the state and will allow clam
                     harvest only where, when and how other organisms and the marine environment
                     will not be significantly or permanently damaged.
                          WDF also has major concerns in protecting marine waters from pollution
                     and degradation to which shellfish are particularly susceptible. The presence
                     of a viable shellfish industry promotes this protection by providing a strong
                     economic justification for clean water - upon which the industry depends.
                          2. Protect the clam stocks.
                              WDF is responsible for managing the clam resource on a state-wide
                     basis for both personal and commercial use so as to ensure the viability of
                     the resource. Harvest will not be allowed which will permanently damage the
                     intertidal or subtidal stocks. Only harvest gear and methods which cause
                     minimal,incidental damage to the stocks and which leave the susbstrate suit-
                     able for future clam sets and growth will be allowed.
                          3. Provide maximum production of clams.
                              It is WDF's goal that those subtidal clam beds which are suitable
                     for harvest (given that objectives 1 an 2 are met) be harvested to provide
                     food, income and jobs for citizens of the state and that harvest from the
                     state's waters be at optimal sustainable yield.
                          4. Minimize onshore impacts.
                              DNR is generally responsible for onshore impacts of the clam fishery
                     while WDF is responsible for impacts in the marine environment. WDF does,
                     however, realize that its management of the fishery may affect the degree
                     or nature of onshore impacts and will adopt policies and encourage actions
                     which minimize any disruptive effects of clam harvesting on the shoreline
                     residents and community.

                                                      52

                           5. Ensure fair compensation to state for clams harvested.
                               WDF has no direct responsibility or interest in the financial com-
                     pensation of the state for clam harvest. This is a function of DNR. WDF
                     is responsible for estimating the value of the bed for DNR, and, through its
                     policies, can affect the value of the bed and/or the amount of income derived
                     to DNR. WDF will, therefore, establish management policies which allow for
                     the full and fair compensation of the state for clams harvested.

                     Present Management
                           The hardshell clam fishery is managed through WDF regulations and
                     policies governing  selection of harvest tracts, harvest gear and operating
                     limitations, and through the monitoring of harvest activities and enforce-
                     ment of WDF laws and regulations. In some cases, management and enforcement
                     are supplemented by conditions included in the DNR lease contract.

                           Harvest Tract Selection - Clam harvesting occurs on discrete tracts
                     leased from DNR. WDF is responsible for surveying proposed tracts, evalu-
                     ating their economic potential and value, and evaluating their environmental
                     suitability for harvest. If approved by WDF, DNR is free to lease the tract
                     following issuance of the necessary permits (Shoreline, Corps, etc.).
                           Based upon many years of observation of clam harvest and experience
                     with channel dredging, WDF has developed criteria for evaluating the suitability
                     of a proposed tract for mechanical harvest of subtidal hardshell clams as part
                     of the EIS on clam harvest.
                           To be approved for harvest, a tract must meet the following criteria:
                           1.  Substrate Composition.
                               The substrate must average less than 15 percent fine material
                               (fine material is silt and clay with particle size less than
                               6 microns in diameter).
                           2.  Substrate Chemistry.
                               a. Biochemical oxygen demand of substrate material must not
                                   exceed 7 mg/g.
                               b.  Phosphates (PO4    must not exceed 1.5 mg/g).

                                                       53

                              C. Sulfides must not exceed.0.6 mg/g.
                              d. Volatile solids must not exceed 6 percent.
                              e. Kjeldahl nitrogen must not exceed 1.0 mg/g.

                          3.  Flora and Fauna
                              a.  Geoduck abundance shall be less than one (1) per square yard.
                              b.  Eelgrass (Zostera sp.) abundance shall not exceed 13 turions
                                  per 1/4 (m2) April to October or 10 turions per 1/4 (m2
                                  November to March.
                              c.  Other biota of significance will be assessed on a case by case
                                  basis.

                          4. Hardshell Clam Abundance.
                              Density of the target clams shall exceed'O.25 pounds per square
                              foot prior to harvest.

                          Harvest Gear Evaluation - Fisheries regulations (WAC 220-52-018) requires
                    that all mechanical clam harvesting equipment must be licensed by the Director
                    of Fisheries and that subtidal harvest be limited to beds leased from DNR and
                     approved by WDF. To be approved and licensed a harvester must:
                          1.  Have deck read out instrumentation showing:
                              a. pump water pressure
                              b. a 3/4 inch pipe fitting on the pump to permit Fisheries Patrol
                                  personnel to check pump pressure.
                          2.  Have controls allowing immediate cut off to water to harvest head
                              manifold without impairing vessel maneuverability.
                          3.  Submit accurate performance data on the pump and harvest head.
                              Alteration of any of the specified components is illegal without
                              WDF approval.
                          4.  In coarse substrates (more than 10 percent of the substrate par-
                              ticles are greater than 500 microns in diameter) harvest head width
                              shall not exceed four (4) feet overall and pump volume shall not
                              exceed 1,252 gallons per minute at 45 pounds per square inch,,
                              measured at pump discharge.

                                                     54

                         In addition, the programmatic EIS states that at least 90 percent of the
                    adult clams will be retained and clam breakage will not exceed 15 percent, that
                    the substrate will be left in satisfactory condition for future crops, and that
                    juvenile and seed clams will be returned to the trends unharmed.

                         Permits and Licenses Required - The following licenses and permits are
                    required prior to any subtidal mechanical harvest of hardshell clams.
                         1.  WDF clam farm license (RCW 75.28.280) - $15-00 issued for one year.
                         2.  WDF mechanical harvester license (RCW 75.28.287) - $300.00 issued
                             for one year.
                         3.  Joint Fisheries/Game hydraulics permit (WAC 220.120).
                         4.  DNR clam harvester tract lease (RCW 79.01.568) issued for five
                             years and renewable (see example in Appendix H).
                         5.  DSHS certificate of approval - Shellfish growing area (RCW 69.30.050)
                             no fee - issued for one year.
                         6.  Substantial development permit (RCW 90.58.140). Issued by the local
                             county to DNR as the landowner for five years.
                         7.  Water quality certification (WAC 90.48) and/or modification permit
                             (WAC 173-201) - issued by DOE.
                         8.  Section 10/404 Permit (33U.S.C.403). Issued by Corps of.Engineers
                             to DNR for three years - issued after all local permits issued.
                         9.  SEPA compliance. A programatic Environmental Impact Statement has
                             been prepared (Vining 1978). A site specific supplement will be
                             prepared for each new lease.
                         10. WDF mechanical clam harvest permit (WAC 220-52-018) (see example in
                             Appendix I).

                                           Harvest Tract Management
                         Virtually all fisheries of the world are based upon a "common property
                    resource" in which the fish belong to the first person to capture them. In
                    a common resource system there is no incentive for the individual fisherman
                    to conserve the resource. Fish not caught by the fisherman who unilaterally
                    practices conservation will be taken by his competitors. It is the common

                                                     55

                   property nature of most fisheries which necessitates the volumes of laws and
                   regulations of their management and which eliminated any incentive for the
                   individual fisherman to conserve.
                        In contrast, management of the hardshell clam tracts simulates private
                   ownership as much as possible through the issuance of long term leases (5 year
                   with option to renew) leases and the exclusive right of the leasee to harvest
                   clams from that tract. This encourages the leasee to treat the tract as if it
                   were his own and allows him to reap the rewards of his prudent management.
                   Instead of a single harvest, the farmer manages the tract for repeated harvests
                   over succeeding generations of clams. It is thus to his economic advantage to
                   harvest only that which the population can support, to harvest in a manner that
                   does not damage small clams which will grow to support future harvests, and to
                   protect the beds to ensure that they will support future settlement and growth.
                   This prudent management has a second advantage to the clam farmer in that he is
                   able to provide a steady supply of clams to the marke t place which generally
                   opens more reliable and profitable markets.
                       An example of common resource versus private ownership is the intertidal
                   littleneck clam fisheries of Canada and Washington. In British Columbia all
                   the intertidal clam beds are the property of the public and are open to digging.       cr
                   During the winter and spring large numbers of clams are harvested and in some
                   cases beaches have been dug out. The market is thus erratic with an over
                   abundance of clams dug during the winter, which lowers the price, and a shortage
                   during the summer. In Washington, almost all of the littleneck clam production
                   is from privately owned or leased intertidal clam farms. These farms are able
                   to produce a high quality product year round and guarantee a steady supply to
                   their markets. Over the years these farmers have also conscientiously improved
                   their beds by graveling and turning the ground over to loosen it and to remove
                   fine materials. Thus these farms have maintained and/or increased their pro-
                   ductivity over fifty years and more - all without governmental regulation or
                   involvement in management.
                       To allow long term productivity it is necessary for the clam farmer to
                   harvest only on a sustainable yield basis. In an open fishery elaborate
                   statistical procedures are needed to estimate sustainable yield and even more

                                                  56

                     elaborate means are necessary to ensure that harvest does not exceed this
                     goal. In a private ownership fishery economics limit harvest to less than
                     the maximum yield possible. Figure 11 (Gulland 1968) relates the cost of
                     fishing to the yield that is derived. In a fishery costs are directly
                     proportional to amount of time and effort needed to catch the fish while
                     the yield is the dollar value of the fish caught. The peak of the catch
                     curve is the maximum sustainable yield of the population or the maximum
                     harvest which can be taken year after year. Line OB is the line where the
                     cost of fishing just equals the value of the catch. In an unrestrained
                     open fishery harvest would tend towards point B where income equals cost
                     resulting in over fishing of the stocks and reduced profits to the fisherman.
                     This is the situation in many fisheries today. However, if a single harvester
                     has control of the fishery, he will manage it to provide the greatest profit
                     to himself. Profit is the difference between yield curve and the line OB and
                     is greatest at point A. This point of maximum net economic return is always
                     less than the maximum sustainable yield and in a private property enterprise
                     economic considerations will limit harvest.

                                     Monitoring and Evaluation of Harvest
                         WDF is confident that given proper incentives, economics will necessitate
                     proper management of the harvest tract by the operator. To ensure proper
                     management, WDF monitors the harvest tracts and harvest operations using
                     both divers and with enforcement personnel. In addition to regular Fisheries
                     Patrol Officers, two officers are now assigned fulltime to the geoduck and
                     subtidal clam fisheries. These officers operate from car, boat, and airplane.
                     On a regular basis, Patrol Officers inspect the harvester and confirm that
                     harvest complies with WDF regulations and DNR contract conditions, that oper-
                     ations are within the designated boundaries, and that appropriate marker
                     buoys are in place. They also measure samples of the harvested clam.
                         The harvester is required to fill out daily a harvest log recording the
                     hours of operation, the pounds landed by species the area harvested. This
                     provides WDF with a continuous record of the clam production and the pounds
                     harvested per hour (catch per unit effort). By monitoring the average clam

                                                       57

                                                        U)
                                                                B

                        U

                        CU
                        U

                        0

                                       Cost (effort)

                      Figure 11. The relation of fishing costs (proportional to fishing
                      effort) to the economic yield to the fisherman (equal to the value
                      of the catch). A privately owned fishery is managed to provide the
                      greatest profit (difference between the value of the catch, line OAB,
                      and the cost of harvest, line OB). The greatest profit is attained
                      at point A which is less than the maximum sustainable yield (MSY).
                      In a common property fishery competition drives the harvest towards
                      point B where profits to the individual fishermen are minimal and
                      where the resource may be overfished. (After Gulland, 1968).

                                                         58

                       size as measured by enforcement personnel, the average weight per bushel of
                       clams landed, and the catch per unit effort, WDF is able to monitor the harvest
                       activities and ensure that harvest will not exceed appropriate levels. Over-
                       harvest would be indicated by declines in these measurements.
                            In addition to specific tract monitoring, WDF monitors previously
                       harvested tracts, and various experimental plots to develop additional
                       information on the effects on harvest of clam populations and the marine
                       environment.

                                                       59

                                               LITERATURE CITED

                   Bargmann, G. G. 1980. Studies on Pacific cod in Agate Pass, Washington.
                         Wash. State Dept. Fish. Prog. Rep. 123. 34 pp.

                   Breed-Willeke, G. M., and D. R. Hancock. 1980. Growth and reproduction
                         of subtidal and intertidal populations of the gaper clam Presus capax
                         (Gould) from Yaquina Bay, Oregon. Proc. Nat. Shellfish Assoc. 70(l):1-13.

                   Godcharles, M. F. 1971. A study of the effects of a commercial hydraulic
                         clam dredge on benthic communities in estuarine areas. Fla. Dept. Nat.
                         Res. Tech. Ser. 64. 51 pp.

                   Goodwin, C. L. 1973. Distribution and abundance of subtidal hardshell clams
                         in Puget Sound, Washington. Wash. State Dept. Fish. Tech. Rep. 14. 81 pp.

                   Goodwin, C. L. 1979. Subtidal clam population survey of Agate Passage. Wash.
                         State Dept. Fish. Prog. Rep. 87. 14 pp.

                   Goodwin, C.L. and W. J. Shaul. 1978. Puget Sound subtidal hardshell clam sur-
                         vey data. Wash. State Dept. Fish. Prog. Rep. 44. 92 pp.

                   Goodwin, C. L. and W. J. Shaul. 1978. Some effects of the mechanical escal-
                         ator shellfish harvester on a subtidal clam bed in Puget Sound, Washing-
                         ton. Wash. State Dept. Fish. Prog. Rep. 53. 23 pp.

                   Goodwin, C. L. and W. J. Shaul. 1980. Studies of mechanical clam harvest on
                         an intertidal beach near Port Townsend, Washington. Wash. Dept. Fish
                         Prog. Rep. 119. 26 pp.

                   Gulland, J. A. 1968. The concept of maximum sustainable yield and fishery
                         management. FAO Fish. Tech. Pap. (70). 13 pp.

                   Kyte, M. A., P. Averill, and T. Hendershott. 1975. The impact of the hydraulic
                         escalator shellfish harvester on an intertidal soft-shell clam flat in
                         the Harraseeket River, Maine. Dept. Mar. Res. Augusta, Maine. (unpublished).

                   Manning, J. H. 1957. The Maryland soft-shell clam industry and its effects
                         on tidewater resources. Md. Dept. Res. Educ. Resour. Study Rep. 11. 25 pp.

                   Medcof, J. C. 1961. Effects of hydraulic escalator harvesters on undersized
                         soft-shell clams. Proc. Nat. Shellfish Assoc. 53. 11-31.

                   Medcof, J. C. and J. S. MacPhail. 1967. Fishing efficiency of clam hacks and
                         mortalities incidental to fishing. Proc. Nat. Shellfish Assoc. 55: 53-72.

                   Phillips, R. C. 1972. Ecological life history of Zostera marina (Eelgrass)
                         in Puget Sound, Washington. Ph.D. Thesis. Univ. Washington. Seattle, Wash.

                   Pfitzenmeyer, H.T. 1972. Hydraulic soft-shell clam dredge study completed.
                        Com. Fish. News Vol. 5(4). Fish and Wildlife Admin. Maryland.

                   'uayle, D.B., and N. Bourne. 1972. The clam fisheries of British Columbia.
                        Fish. Res. Board. Can. Bull. 179. 70 pp.

                                                       61

                                              LITERATURE CITED (Cont.)

                      Tarr, M. 1977. Some effects of hydraulic clam harvesting on water quality
                            in Kilisut Harbor, Port Susan, and Agate Pass, Washington. Wash. State
                            Dept. Fish. Prog. Rep. No. 22. 88 pp.

                      Thayer, G.W., and R.C. Phillips. 1977. Importance of eelgrass beds in
                            Puget Sound.    Mar. Fish. Rev. 39(11): 18-22.

                      Vining, R. 1978. Final environmental impact statement for the commercial
                            harvesting of subtidal hardshell clams with a hydraulic escalator shell-
                            fish harvester. Wash. Dept. Fish. and Dept. Nat. Res., Olympia. 55 pp.

                      Walne, P.R. 1972. The influence of current speed, body size and water
                            temperature on the filtration rate of five species of bivalves.
                            J. Mar. Biol. Ass. U.K., Vol. 52. pp 345-374.

                      Wash. State Dept. Ecology. 1978-1980. Coastal Zone Atlas of Washington
                            State series.

                                                       62

                                    SECTION III - DNR 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 t@ 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 aq uatic 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.

                                                     63

                           The test of whether this subtidal hardshell clam 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 subtidal
                       hardshell clam harvest. Most of these actions have been incorporated
                       into the procedures outlined in Section I of this plan.

                       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 renewable resources:
                               1.  Utilization of renewable resources is a preferred use of
                                   aquatic lands. (WAC 332-30-160(l))
                               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.  The Department of Fisheries has identified 5,350 acres of
                               marine bedlands in Washington where subtidal hardshell clams
                               occur in commercial abundance. Of this area only about 1,432
                               acres meet basic commercial harvest criteria. These criteria
                               cover substrate type, water depth, water quality, harvest
                               technology and environmental protection.
                           C.  The Department of Fisheries' recommended maInagement scheme for
                               this fishery is to lease all tracts for simultaneous,
                               continuous harvest. The timing and duration of harvest are
                               left to the judgment of individual harvesters. No more than
                               10 boats are expected to operate on presently known tracts.

                                                      64

                         D . Harvest under this scheme is a low intensity use of the waters
                             and will not usually conflict with other navigational
                             activity.
                         E.  Subtidal hardshell clam beds extend into shallow subtidal
                             waters. Erection of structures or dredging in these areas
                             would conflict with use and maintenance of the clam resource.
                         F.  Local conflicts over use of marine land space will be
                             identified and resolved through the procedures contained in
                             Section 1.

                     Objective 2. Provide for navigational needs which are of benefit to
                                   the general public.
                         A.  Some subtidal hardshell clam beds are found in narrow channels
                             such as Agate Pass, Portage Canal and the entrance to Kilisut
                             Harbor.
                         B.  Some subtidal hardshell clam beds occur in historical high use
                             sport and commercial fishing areas. Some concern has been
                             raised about potential interference with sport fishing.
                         C.  Subtidal hardshell. clam harvest boats move slowly while
                             harvesting. They can easily avoid and be avoided by other
                             navigational uses. Historically, there have not been any
                             conflicts between harvesters and other navigational uses.
                         D.  The procedure stated in Section I will identify and resolve
                             local conflicts over navigation.

                     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

                                                     65

                                       Commissioner of Public Lands seeks the advice of the
                                       Marine Resources Advisory Committee. (WAC 332-30-100(l))
                                  2.   The Department will insure that its allocations, leases,
                                       uses and activities are consistent with local [shoreline]
                                       programs. (WAC 332-30-100(l))
                                  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))
                                  4.   The Department will work with other agencies through
                                       development and implementation of management plans to
                                       insure that . . . as much as possible of the resource base
                                       is available for harvesting. (WAC 332-30-160(11)).
                              B.  The following permits are required for commercial su      btidal
                                  hardshell clam harvest:
                                  1. Shoreline management substantial development permit
                                  2. Corps of Engineers section 10 permit
                                  3. Department of Fisheries clam farm license and permit to
                                       operate clam harvesting machine.
                              C.  Four counties have shoreline management master program
                                  regulations which would effectively prohibit subtidal
                                  hardshell clam harvest. These counties are Clallam, Skagit,
                                  Kitsap and King. Commercial subtidal hardshell clam beds have
                                  been found in Kitsap and Clallam but not in King or Skagit.
                                  The Kitsap and Clallam master-programs require that harvest
                                  trenches be refilled to within three inches of the original
                                  substrate surface. The Department of Fisheries believes that
                                  artificial refilling of the trench is unnecessary and present
                                  equipment is not designed for this. A harvester now being
                                  tested may refill trenches better than older models but the
                                  effectiveness is still not known. The Department of Ecology
                                  has adopted revised aquaculture guidelines which require that
                                  counties with potential commercial subtidal hardshell clam
                                  tracts re-evaluate their master program standards. DNR will

                                                           66

                             participate in that process and encourage adoption of
                             standards whlich have a sound scientific basis.
                         D.  The Corps of Engineers issued a three-year permit for harvest
                             at Portage Canal on May 1, 1980. The permit was not
                             conditioned but the attached environmental assessment
                             requested that pre- and post-harvest data be collected. The
                             Department of Fisheries will work with the Corps to supply it.
                         E.  Some agencies have expressed concern that the eelgrass
                             criteria developed in the EIS will be difficult to apply in
                             the different types of eelgrass beds. All agencies agree that
                             each site needs to be evaluated individually. This will be
                             done through the procedure 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(l))

                                                    67

                                5.  The methods of harvest may only be those as established by
                                    law and certified by the department of fisheries.
                                    (WAC 332-30-157(3))
                            B.  DNR and WDF have prepared an EIS for subtidal hardshell clam
                                harvest. The EIS contains environmental standards for site
                                selection and harvester operation.
                            C.  The EIS was intended to cover general operating
                                characteristics of the harvester. There is still a need for

                            D.  While the WDF and DNR are satisfied that the harvest scheme
                                will not cause significant adverse environmental impacts, some
                                other agencies and citizens are not convinced.' This
                                skepticism is at least partly due to the fact that much of the
                                harvest and tract data collected by the WDF has either not
                                been prepared for public distribution or has been written up
                                in technical reports which are difficult for others to
                                understand.
                                There is also concern that once a lease is granted, the state
                                may not do adequate monitoring to assure that the harvest is
                                at a sustained yield rate and that eelgrass beds will be
                                protected.
                            E.  Trespass has been a major concern of adjacent homeowners and
                                aquaculturists although WDF has never been able to document
                                any actual trespass cases. Buoys have been set to mark
                                corners but these have occasionally been stolen, leaving no
                                reference for upland owners or harvest operators.
                            F.  The Department of Fisheries is legally responsible for
                                assuring that harvest maintains a sustained yield of clams and
                                does not injure other aquatic flora and fauna.
                            G.  Harvest equipment must as a minimum meet the noise limits set
                                by the State Department of Ecology in WAC 173-60. The
                                Shorelines Hearings Board found in the Agate Pass case that
                                special noise limits lower than the state maximum should be
                                applied due to the residential character of the site.

                                                      68

                           H.  The Department of Social and Health Services has identified
                               several clam beds where a potential for water pollution
                               exists.
                           1.  DNR considers that an optimum yield will be achieved in this
                               fishery by carefully limiting harvest areas and by allowing
                               harvesters, under supervision, to regulate harvest within
                               those areas. Limitations on the area available for harvest
                               will be imposed through allocation procedures and individual
                               site reviews. Within areas suitable for harvest, harvesters
                               will be allowed to set their own harvest rate according to
                               market conditions and their own judgment of the best rate of
                               harvest. Lower and upper limits will be set by a minimum
                               yearly harvest quota and periodic monitoring by WDF of the
                               harvested population to prevent over harvest.

                      Objective 5. Compensate the public for withdrawal of lands by private
                                     and public activities which reduce the use options of
                                     the general public.
                           A. DNR has adopted the following administrative procedures in
                               regard to insuring adequate compensation from commercial
                               subtidal hardshell clam 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. The  Department of Fisheries recommends that subtidal hardshell
                               clam tracts be offered for long-term leases and that the
                               harvester be allowed to determine the timing and amount of
                               harvest.

                                                      69

                         C.  In the past, lessees have been charged a fixed royalty for
                             clams harvested. This royalty has not provided a fair return
                             ,to the state, as the value of clams has increased and a new
                             higher royalty might be unfair if market prices were to drop.

                     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.
                         A.  DNR has adopted the following administrative regulations in
                             regard to fostering commercial subtidal hardshell clam
                             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. (WAC 332-30-160(7))
                         B. The Department allocates marine lands for subtidal hardshell
                             clam harvest in accordance with the procedures stated in
                             Section I.

                                                 70

                                                      APPENDIX A

                                              DNR Marine Land Allocations
                                    for Commercial Subtidal Hardshell Clam 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 reg4onal 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 a series of detailed site maps. The maps show
                        the general locations of all subtidal hardshell clam beds allocated for
                        commercial harvest. General area maps of Puget Sound which serve as keys
                        to these maps are contained in Figure 2 of the report in Section 11. These
                        allocation maps will be revised as needed to include new areas found suit-
                        able for harvest or to delete areas which have been found to be unsuitable.
                        Areas allocated for commercial subtidal hardshell clam harvest are shown on
                        the maps by this symbol:

                        Some of these maps contain a slightly different symbol used to designate
                        another type of marine land allocation. The reader should be careful to
                        only use the above symbol in reference to this plan.

                                                       A-1

                                                                               DNR Marine Land Allocations
                                                              Commercial Geoduck and Subtidal Clam Harvest
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                                                                            Whatcom C6u'n'ty 1

                                                        APPENDIX B.

                                         Commercial Subtidal Hardshell Clam Bed
                                               Environmental Data.Summary

                 DNR                                               Flora & Fauna
                 Map              Tract Name        Acreage        Species  Season     Comments
                 Clallam 3        Sequim Bay                       F 78            F?  Nearby beds certified.
                                                                   F 66     W Sp       Marina under consideration
                                                                                       nearby. Intensive develop-
                                                                                       ment would cause pollution
                                                                                       problems.

                 Jefferson 3      Kilisut Harbor        132        B21      W          Water line to Ft. Flagler
                                                                   B24      W          State Park may cross clam
                                                                   B28      W          bed.
                                                                   B26      W
                                                                   B29      W      F
                                                                   B50       Sp S  F
                                                                   F19      W    S F
                                                                   F66      W    S F
                                                                   F75      WSp
                                                                   B30      W      F

                 Jefferson 4      Portage Canal         35

                 Jefferson 5      Colvos Rocks          27
                                  Tala Point            60
                 Jefferson 6      Case Shoal            40         1 14     W Sp S F
                                                                   M 8      W Sp S F
                 Jefferson 7      South Point            6
                 Jefferson 8      Brown Point  (N)      37         B 76          S
                                  Brown Point  (S)       8         B 76          S
                 Jefferson 9
                 Kitsap 9         President Point
                 Kitsap 10        Agate Pass            98         F 2                 Shorelines are residential
                                                                   F66                 areas. Noise is a major
                                                                   F75                 concern.
                 Island 3         Lagoon Point                     P 1      WSp S F    Proposed withdrawal of
                                                                   B21      W          marine bedlands for South
                                                                   B24      W          Whidbey State Park may
                                                                   B25      W          overlap clam bed.
                                                                   B26      W          Some residences nearby.
                                                                   B27      W          Noise and navigational
                                                                   B29      W      F   access to shore should be
                                                                   B30      W      F   considered.
                                                                   B50       Sp S  F
                                                                   B 2
                                                                   B 5      W      F

                 Island 4         Admiralty Bay                    1 35     WSp S  F   Underwater park near east
                                                                   P I      WSp S  F   jetty of Keystone Harbor.
                                                                                       Marine lands abutting'park
                                                                                       have been withdriwn for
                                                                                       recreational use.

                Whatcom 1         Pt. Roberts                      B 2      W Sp S F
                                                                   1 14     W Sp S F
                                                                   F 22     W Sp
                                                                   F 66     W Sp

                                                                APPENDIX B. (Cont.)

                                                         KEY TO FLORA AND FAUNA

                     Birds                                                     Fish

                     B-1      Common Loon                                      F-2      Lingcod
                     B-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     Lonafin Smelt
                     B-18     Green-winged Teal                                F-78     Capelin
                     B-19     American Wigeon
                     B-20     Northern Shoveler                                Inver tebrates
                     B-21     Canvasback
                     B-22     Greater Scaup                                    1-3      Red Sea Urchin
                     B-23     Lesser Scaup                                     1-5      Ocean Pink Shrimp
                     B-2h     Common Goldeneye                                 1-6      Northern Pink Shrimp                        PF
                     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     Harl-equin 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-0      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
                     P-72     Surfbird
                     B-75     Belted Kingfisher
                     B-76     Northern Bald Eaqle

                        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-2

                                                      APPENDIX C.

                                       Agencies to be Notified of  Harvest Plans.

                      The following agencies and groups will be    notified of all commercial sub-
                      tidal hardshell clams harvest proposals, and of any revisions and updates
                      of the subtidal hardshell clam management plan.

                      Supervisor                                  Inter-Agency Coordinator
                      Shorelands Division                         Department of Game
                      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-11
                      LD-11                                       Olympia, WA 98504
                      Olympia, WA 98504

                      Coastal Zone Coordinator                    Division of Ecological Services
                      National Marine Fisheries Service           U.S. Fish and Wildlife Service
                      847 NE 19th Avenue                          2625 Parkmont Land, Bldg. B-3
                      Portland, OR 97232                          Olympia, WA 98502

                      Chief, Regulatory Functions                 Dredge and Fill Permits Section
                      Seattle District                            U.S. Environmental Protection Agency
                      U.S. Army Corps of Engineers                Mail Stop 521
                      P.O. Box C-3755                             1200 6th Avenue
                      Seattle, WA 98124                           Seattle, WA 98101

                      All counties having identified commercial subtidal hardshell clam beds.

                      All current holders of DNR tract leases for subtidal hardshell clam harvest.

                      Other agencies And groups upon request.

                      Other agencies will be notified as necessary. These would include the follr
                      lowing agencies which own property adjacent to the harvest tracts or which
                      operate in the waters adjacent to and over the tracts:

                      U.S. Coast Guard                            U.S. Navy

                      U.S. Army                                   Native American Tribes

                                                           C-1

                                                                              APPENDIX D.

                                                           Pertinent WOF Laws and Regulations

                                                                                              (3) Any person or company owning an oyster farm or
                                Title'75 RCW: Food Fish and Shellfish                      a clam farm or both, operated by a lessee or another,
                                                                                           which owner handles, processes, sells, or otherwise deals
                                                                                           in the oysters or clams or both produced thereon, which
                           75.08.012 Duties of the department. It shall be the             are received by the owner as total or partial considera-
                         duty and purpose of the department of fisheries to pre-           tion for the use of the oyster or clam farm or both.
                         serve, protect, perpetuate and manage the food fish and           [1955 c 212 � 10.]
                         shellfish in the waters of the state and the offshore wa-
                         ters thereof to the end that such food fish and shellfish            75.28.287 Tract license for harvesting geoducks-
                         shall not be taken, possessed, sold or disposed of at such        Diver's license      License for mechanical and/or hy-
                         times and in such manner as will impair the supply                draulic device used taking clams-Displaying licenses.
                         thereof. For the purpose of conservation, and in a man-           (1) A geoduck tract license is required for each subtidal
                         ner consistent therewith, the department shall seek to            geoduck tract for which harvest rights have been granted
                         maintain the economic well-being and stability of the             by the department of natural resources for the commer-
                         commercial fishing industry in the state of Washington.           cial harvest of geoducks. The fee is one hundred dollars
                         [1975 Ist ex.s. c 183 � 1; 1949 c 112 � 3, part; Rem.             per annum.
                         Supp. 1949 � 5780-201, part. Formerly RCW                            (2) Every diver engaged in the commercial harvest of
                         43.25.020. Redesignated as RCW 75,08.012 and added                geoduck or other clams shall obtain a nonassignable
                         to chapter 12, Laws of 1955 and Title 75 RCW by 1965              personal commercial fishing license. The fee is fifty dol-
                         c 8 � 43.25.020.1                                                 lars per annum.
                                                                                              (3) A license is required for each and every mechani-
                           75.28.280 Clam farm license             Exception, geo-         cal andlor hydraulic device operated for the purpose of
                         ducks. A license is required for each and every clam              taking clams other than geoduck clams for commercial
                         farm of one or more tracts of land being operated for             purposes from tidelands and beds of navigable waters of
                         commercial purposes on privately owned or leased tide-            the state of Washington, the fee for which license shall
                         lands and on leased beds of navigable waters in the state,        be three hundred dollars per annum.
                         except that a license under this section is not required             Evidence of issuance of the licenses required by this
                         for subtidal geoduck harvest tracts for which the re-             section shall be prominently displayed by numbers,
                         quired harvest rights and licenses have been obtained             codes, or symbols upon the vessel used in geoduck or
                                                                                           clam harvesting activities before engaging in the har-
                         pursuant to other provisions of law. The fee for said li-         vesting activities in a manner prescribed by the director
                         cense is fifteen dollars per annum, and shall be paid for         of fisheries in rules promulgated under chapter 34.04
                         each and every year in which clams are removed from               RCW. [1979 Ist ex.s. c 141 � 4; 1969 ex.s. c 253 � 4.)
                         the clam farm for purposes of sale. A separate license is
                         required for each clam farm being operated within each
                         of the following clam districts; northern Puget Sound                            Chapter 220-52 WAC
                         district, southern Puget Sound district, Grays Harbor                                SHELLFISH
                         district, and Willapa Harbor district; said districts are to
                         include the waters, beds, shores, beaches, and tidelands             WAC 220-52-018 Clams---Gear. It shall be un-
                         of, northe-rn Puget Sound, southern Puget Sound, Grays            lawful to take, dig for or possess clams or mussels taken
                         Harbor, and Willapa Harbor, respectively, as geograph-            for commercial purposes from any of the tidelands in the
                         ically defined by the director of fisheries under appro-          state of Washington except with a pick, mattock, fork or
                         priate regulations. [1979 Ist ex.s. c 141 � 3; 1969 ex.s. c       shovel operated by hand; provided, that permits for the
                         253 � 3; 1955 c 212 � 8; 1955 c 12 � 75.28.280. Prior:            use of mechanical clam digging devices may be obtained
                         1951 c 271     26; 1949 c 112 J 70; Rem. Supp. 1949 �             from the director of fisheries subject to the following
                         5780-508.1                                                        conditions:
                                                                                              (1) Any or all types of mechanical devices used in the
                                                                                           taking or harvesting of shellfish must be approved by the
                           75.28.282     Clam farm license, oyster farm li-                director of fisheries.
                         cense     Who must obtain. A clam farm license or an                 (2) A separate permit shall be required for each and
                         oyster farm license or both as provided in RCW 75.28-             every device and the permit shall be attached to the spe-
                         280 and 75.28.281 shall be required of:                           cific unit at all times.
                           (1) Any person or company owning and operating an                  (3) All types of clams to be taken for commercial use
                         o*yster farm or clam farm or both;                                must be of legal size and in season during the proposed
                           (2) Any lessee operating an oyster farm or clam farm            operations unless otherwise provided in specially author-
                         or both, except when the owner thereof comes within the           ized permits for the transplanting of seed to growing ar-
                         provisions of subsection (3) of this section;                     eas or for research purposes.

                                                                   APPENDIX D (Cont.)

                     (4) The holder of a. permit to take shellfish from tide-          (14) Clam harvest machines operating in coarser sub.
                   lands by mechanical means shall limit operations to pri-          strate material where more than 10% of the substrate
                   vately owned or leased land.                                      material is above 500 microns in size, shall have a max-                F
                     (5) The taking of clams from bottoms under navigable            imum harvest head width of 4 feet (overall) and a maxi-
                   water below the level of mean lower low water by any              mum pump volume as specified by the department of
                   mechanical device shall be prohibited except as author-           fisheries commensurate with a ba:sic hydraulic relation-
                   ized by the director of fisheries. Within the enclosed            ship of 1,252 gpm at 45 pounds per square inch, pressure
                   bays and channels of Puget Sound, Strait of Juan de               to be measured at the pump discharge.
                   Fuca, Grays Harbor and Willapa Harbor, the operators                (15) All clam harvest machine operators must submit
                   of all mechanical devices shall confine their operations          accurate performance data showing revolutions 'per
                   to bottoms leased from the Washington Department of               minute, gallons per minute, and output pressure for the
                   Natural Resources, subject to the approval of the direc-          water pump on their machine. In addition, they shall
                   tor of fisheries. The harvesting of shellfish from bottoms        furnish the number and sizes of the hydraulic jets on the
                   of the Pacific Ocean westward from the western shores             machines. If needed, the operator shall thereafter modify
                   of the state shall not be carried out in waters less than         the machine (install a sealed pressure relief valve) as
                   two fathoms deep at mean lower low water. In said wa-             specified by the department of fisheries to conform with
                   ters more than two fathoms deep the director of fisheries         values set forth in either WAC 220-52-018(12) or
                   may reserye all or certain areas thereof and prevent the          WAC 220-52-018(13). Thereafter, it shall be illegal to
                   taking of shellfish in any quantity from such reserves            make unauthorized changes to the clam harvester water
                   established on the ocean bottoms.                                 pump or the hydraulic jets. Exact description of the
                     (6) The operator shall keep an accurate log of opera-           pump volume, maximum pressure and number and size
                   tions indicating location, time of digging, species and           of the hydraulic jet for each harvester machine shall be
                   quantities of clams, and other pertinent data in regard to        included in the department of fisheries' clam harvest
                   production and operations as requested by the depart-             permit. All existing clam harvest machines must com-
                   ment of fisheries. This log shall be available to agents of       plete the needed steps to comply with the provisions of
                   the department of fisheries at all times.                         this regulation no later than July 1, 1976.
                     (7) Noncompliance with any part of these regulations              (16) All clam harvest machines shall be equipped with
                   or with special requirements of individual permits will           a 3/4-inch pipe thread tap and valve that will allow
                   result in immediate cancellation of and/or subsequent             rapid coupling of a pressure gauge for periodic testing
                   nonrenewal of all permits held by the operator.                   by enforcement personnel.
                     (8) Applications must be made on the forms provided               (17) Each mechanical clam harvester must have con-
                   by the department of fisheries and permits must be in             trols so arranged and situated near the operator which
                   the possession of the operator before digging                     will allow the operator to immediately cut off the flow of
                   commences.                                                        water to the jet manifold without affecting the capability
                     (9) All permits to take or harvest shellfish by me-             of the vessel to maneuver. [Order 76-152, � 220-52-
                                                                                     018, filed 12/17/76; Order 1258, � 220-52-018, Filed
                   chanical means shall expire on December 31 of the year            8/25/75; Order 807, � 220-52-018, riled 1/2/69, effec-
                   of issue.                                                         tive 2/l/69. Formerly WAC 220-52-010(2).]
                     (10) All mechanical clam harvesting machines must
                   have approved instrumentation that will provide deck
                   readout of water pressure.
                     (11) Effective July 1, 1977, all mechanical clam har-
                   vest machines must have approved instrumentation that
                   will provide deck readout of:
                     (a) Depth of cut.
                     (b) Harvest head angle with bottom.
                     (12) All clam harvest machines operating on intertidal
                   grounds where less than 10% of the substrate material is
                   above 500 microns in size must be equipped with a pro-
                   peller guard suitable for reducing the average propeller
                   wash velocity at the end of the guard to approximately
                   25% of the average propeller wash velocity at the pro-
                   peller. The propeller guard must also be positioned to
                   provide an upward deflection to propeller wash.
                     (13) Clam harvest machines operating in fine sub-
                   strate material where less than 10% of the substrate
                   material is above 500 microns in size, shall have a max-
                   imum harvest head width of 3 feet (overall) and the
                   maximum pump volume as specified by the department
                   of fisheries commensurate with the basic hydraulic rela-
                   tionship of 828 gpm at 30 pounds per square inch, pres-
                   sure to be measured at the pump discharge.

                                                                              D-2

                                                                                    APPENDIX E

                                                                 PERTINENT DNR LAWS AND                 REGULATIONS

                                                                                                         79.01.576 Leasing        for oyster beds, cultivating clams
                                  79.01.568 Leasing beds of tidal waters for shellfish
                               cultivation or other aquaculture use.    The beds of all nav-            or other shellfish-Inspection and report.by director of
                               igable tidal waters in this state lying below extreme low                fisheries-Rental and term. The commissioner. upon
                               tide. except as prohibited by Article XV. section I of the               the receipt of an application for a lease for the purpose
                               Washington state Constitution. shall be subject to lease                 of planting and cultivating oyster beds or for the purpose
                               for the purpose of planting and cultivating thereon oys-                 of cultivating clams or other edible shellfish, shall notify
                               ter beds. or for the purpose of cultivating clams or other               the director of fisheries of the filing of' the application,
                               edible shellfish, or for other aquaculture use, for periods              describing the lands applied for. The director of fisheries
                               not to exceed ten years.                                                 shall cause an inspection of the lands applied for to be
                                  Where the lands are used for the cultivation of OYs-                  made and shall make a full report to the commissioner
                               ters, the parcels leased shall not exceed fort), acres.                  of his findings as to whether it is necessary, in order to
                                  Where the lands are used for the cultivation of clams                 protect existing natural oyster beds. and to secure ade-
                               or other aquaculture use, the department of natural re-                  quate seeding thereof. to retain the lands described in
                               sources may. in its discretion. grant leases for larger                  the application for lease or an% part thereof, and in the
                               parcels.                                                                 event the director deems it advisable to retain the lands
                                  Nothing in chapter 228, Laws of 1967. shall prevent                   or any part thereof for the protection of existing natural
                               any person frorn leasing more than one puree[, as offered                oyster beds or to guarantee the continuance of an ade-
                               by the department. 11979 1 st ex.s. c 123 � 1. 1967 c 228                quate seed stock for existing natural oyster beds, the
                               � 1; 1963 c 79 � 1. 1961 c 73 � 9: 1951 c 27 1 � 39; 1927                same shall not be subject to lease. However, if the di-
                               e 255 � 142; RRS � 7797--142. Prior: 1899 c 136                          rector determines that the land applied for or any part
                               Formerly RCW 79.20.010.1                                                 thereof may be leased, he shall so notify the commis-
                                                                                                        sioncr of public lands and the director shall cause an ex-
                                                                                                        aminatidn of the lands -to be made to determine the
                                                                                                        presence, if any, of natural oysters, clams or other edible
                                  79.01.572 Leasing for oyster beds, cultivating clams                  shellfish on said lands. and to fix the rental value of the
                               or other shellfish-Wlio May lease--@-Applica-                            land for use for oyster, clam, or other edible shellfish.
                               tion-Deposit. Any person desiring to lease lands for                     cultivation. In his 'report to the commissioner. the direc-
                               the purpose of planting and cultivating thereon oyster                   tor shall recommend a minimum rental price for said
                               beds or for the purpose of cultivating clams and other                   land and an estimation of the value of the oysters, clams,
                               edible shellfish, shall file with the commissioner of pub-               or other edible shellfish. if anv. then present on the lands
                               lic lands, on a proper form an application in writing                    applied for. The lands approved b%- the director for lease
                                                                                           @p of
                               signed 1)'y the applicant and accompanied by a ma                        may then be leased to the applicant for a period of nut
                               the land desired to be leased. describing the lands by                   less than five years nor more than ten years at a rental
                               inctes and bounds tied to at least two United States                     not less than the minimum rental rccormendcd b-, the
                               government corners. and by such reference to local ge-                   director of fisheries. In addition. before entering upon
                               ography as shall suffice to convey a knowledge of the                    possession of the land. the applicant ,hall paV the value
                               location of the lands with reasonable accuracy to persons                of the oysters. clams. or other edible shellfish, if any,
                               acquainted with the vicinity. and accompanied by a de-                   then present on the land as determined by the directo'r.
                               posit of ten dollars which deposit shall be returned to the              plus the expense incurred by the director in investigating
                               applicant in case a lease is not granted. 11967 c 163 � 5;               the quantity of oNsters. clams. or other cdible shellfish-
                               1927 c 255 � 143, RRS � 7797-143. Prior: 1899 c 136                      present on the land applied for. 11967 c 228 � 3. 1951 c
                                  3, 5. Formerly RCW 79.20.020.1                                        271 � 40: 1927 c 255 � 144. Prior: 1927 c 255 �� 145,
                                  1967 Act adopted to implement Amendment 42----Severabilhy-            147, 1923 c 59      1. 1899 c 136        3. 4. Formerly RCW
                               1967 c 163- See notes following RCW 64-16-005.                           79.20.030.1

                                                                                                E-1

                 79.01.580 Leasing for oyster beds. cultivating clams               79.01.588 Leasing for oyster beds, cultivating clams
               or other shellfish-Suricy and boundary markers. Be-               or other shellfish-Reversion for use other than culti-
               Core entering into possession of the leased lands the up-         vation of shellfish. All leases of lands for the purpose of
               plicint shall cause the same to be surveyed by a                  planting and cultivating oyster beds, clam beds, or other
               registered land survc@or. and he shall furnish to the             edible shellfish beds, shall expressly provide that if at
               cornmissioner of' public lands and to the director of fish-       any time after the granting of said lease, the lands dc-
               cries a map of the leased premises signed and certified           scribed therein shall cease to be used for the purpose of
               by the registered land survey. The lessee shall also cause        oyster beds. clam beds, or other edible shellfish beds,
               the boundaries of the leased premises to be marked by             they shall thereupon revert to and become the property
               piling monuments or other markers of' a permanent na-             of the state and that the same are leased only for the
               ture as the director of fisherics maN direct. 11951 c 271         purpose of cultivating oysters, clams, or other edible
               � 41 (adding a new section to 1927 c 255). Formerly               shellfish thereon, and that the state reserves the right to
               RCW 79.20.035.1                                                   enter upon and take possession of said lands if at any
               Registcrcd land survcyurs: Chapicr 18.43 RCW.                     time the same are used for any other purpose than the
                                                                                 cultivation of oystcrs. clams, or other edible shellfish.
                 79.01.584 Leasing for oyster beds. cultivating clams            [1967 c 228 � 5; 1927 c 255 � 148; RRS � 7797-148.
               or other shellfish-Renewal lease. The commissioner                Prior: 1899 c 136 � 7. Formerly RCW 79.20.070.1
               of public lands may, upon the filing of an application for
               a renewal [case, cause the lands to be inspected. and if            79.01.592 Leasing for oyster beds, cultivating clams
               he deem it for the best interests of the state to re-lease        or other shelirish-Abandonment-Application for
               said lands, he shall issue to the applicant a renewal lease       other lands. If from any cause any lands leased for the
               for such further period not exceeding ten years and un-           purpose of planting and cultivating7 oyster beds, clam
               der such terms and conditions as may be determined by             beds, or other edible shellfish beds, shall become unfit
               the commissioner. In case of an application for a re-             and valueless for any such purposes. the lessee or his as-
               newal lease it shall not be necessary for the lands to be         signs, upon certifying such fact under oath to the com-
               inspected and reported upon by the *director or fisheries         missioner of public lands, together with the fact that he
             and game. [1967 c 228        4; 1927 c 255 � 146; RRS �             has abandoned such land, shall be entitled to make ap-
              7797-146. Prior: 1923 c 59 � 1. Formerly RCW                       plication for other lands for such purposes. [1967 c 228
              79.20.050.1                                                        � 6; 1927 c 255 � 149; RRS � 7797-149. Prior: 1899 c
                                                                                 136 � 10. Formerly RCW 79.20.080.1

                                                                               E-2

                 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
                      vegetation 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.

                                                        E-3

                    (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 imple-
                           mentation 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.

                                                                  E-4

                                                                        APPENDIX F

                                          DNR PROCEDURES FOR PREPARATION OF A SUPPLEMENTAL EIS

                          WAC 332-40-695 [)raft and final supplements to a                       .WAC 332-40-485 Notice of public hearing on envi-
                         revised EIS. (1) in any case where the department is                    ronmental impact of the proposal. (1) Notice of all pub-
                         preparing a supplement to an earlier ["IS or to an EIS                  lie hearings to be held pursuant to WAU 332 -40 4XO(2)
                         prepared pursuant to NEPA, it shall prepare a draft                     shall be published in ;i newspaper ol' gcticr;il circulmion
                         supplemental EIS and comply with WAC 332-40 450.                        in the area where the pro@@icct will be impicniented. I or
                         Copies of' both the prior and supplemental EIS shall be                 nonproject actions the notice shall be published in the
                         maintained at the SEPA public infurination center, and                  general area where the department has its principal of-
                         copics of the prior EIS, as well as the suppicnient, shall              ficc. The notice shall be published no later th     'an fivc
                         be transmitted to the consulted agencies which had not                  days preceding the hearing. For nonproject pro'posals
                         previously received it.                                                 having regional or state-wide applicability. copies of he
                          (2) Upon preparation of the draft ,upplemental HS,                     notice shall be transmitted to the Olvnipia bureaus of
                         the departiricrit shall comply with WAC 332-40--550                     the associated press and united press international.
                         through 332 -40-580 and the final supplemental EIS,                                                                      1
                                                                                                 (2) A notation of the licoring date mid location shall
                                 with the earlier FIS, shall be regarded as a fi-             be entered in the "EIS Available Register" maintained
                         togethet
                         nal FIS for all purposes of these guidelines. [Order 259,            -it the department's SEPA public information center.
                         � 332--40-695, filed 6/10/76@ Order 257, � 332-40-695,               JOrder 259, � 332 40 495, filed 6/10/76: Order 257. �
                         filed 5/21/76.1                                                      332 40 485, filcil 5/21/76.1

                         WAC 332-40-450 Public awareness of availability                         WAC 332-40-460 Specific agencies to which draft
                      of draft EIS. Upon publication of the draft EIS. the re-                EIS shall be sent. (I) A copy of each draft EIS shall be
                      sponsible official shall list the proposal in the lead agen-            rnailed no later than the day that it is listed in the "EIS
                      cy's "EIS Available Register" maintained at the                         Available Register" to the following:
                      department's SEPA public information center. JOrder                        (a) The department of ecology.
                      259, � 332-40-450, filed 6/10/76; Order 257, � 332-                        (b) Fach federal agency having jurisdiction by law
                      40 450, filed 5/21/716.1                                                over a proposed action.
                                                                                                 (c) Each agency having     jurisdiction by law over, or
                                                                                              environmental expertise pertaining it) a proposed action,
                                                                                              as defined by WAC 332-40. 040 and 332-40-465 (re-
                         WAC 332-40-480 Public hearing on a proposal-                         quired by RCW 43.21C.030(2)(d)).
                      When required. (I) If a public hearing on the proposal is                  (d) Each city/count% in which adverse environmental
                      held pursuant to some other requirement of law, such                    effects identified in th@ draft EIS may occur if the pro-
                      hearing shall be open to consideration of the environ-                  posed action is implemented. (This subsection does not
                      mental impact of the proposal, together with any avail-                 apply to draft ElSs for nonprojcct actions.)
                      able environmental document.                                               (e) Each local agency or political subdivision which
                         (2) In all other cases a public hearing on the environ-              will be required to furnish additional public services as a
                      mental impact of a proposal shall be held whenever one                  result of implementation of the pruf')osed action.
                      or more of the following situations occur:                                 (f) The applicable regional p   'anning commission, re-
                         (a) The department determines, in its sole discretion,               gional clearinghouse, state-wide clearinghouse, or area-
                      that a public hearing would assist the       department in              wide council of government which has been designated
                      meeting its responsibility to implement the purposes and                to review and coordinate local governmental planning
                      goals of SEPA and these guidelines; or,                                 under the A-95 review process and other federal reguki-
                         (b) When fifty or more persons residing within the                   tions and programs [See RCW 36.64.080, RCW 35.63-'
                      jurisdiction of the department, or who would be ad-                     .070 and RCW 36.70.0701,
                      verscly affected by the cnvironniental impact of the pro-                  (g) The department's SL13A public information
                      posal, make written request to the dcpartnicrit within                  center.
                      thirty-five da@s of the listing of the proposal in the "EIS                (h) [Optional] Any person, organization or govern-
                      Available Registcr"@ or,                                                mental agency that has expressed an interest in the pro-
                         (c) When two or more agencies with jurisdiction over                 posal, is known by the departmen    t to have an interest in
                      a proposal make written request to the department with-                 the type of proposal being considered, or receives gov-
                      in thirty-five days of the listing of the proposal in the               ernmental documents (e.g., local and regional libraries)
                         EIS Available Register."                                             may be sent a copy of the draft EIS.
                         (3) Whenever a public    hearing is held under subsec-                  (2) An agency that receives a copy of the draft EIS
                      tion (2) of this section, it shall occur no later than fifty-           does not become a "consulted agency" under these
                      one days from the listing of tile proposal in the "EIS                  guidelines due to that factor alone. [See WAC 332-40-
                      Available Register" and no earlier than fifteen days                    040, 332-40-465, 332-40-510 and 332-40-520 for
                      from such da.te of listing. [Order 259, � 332-40-480,                   those provisions that define a consulted agency.] [Order
                      'i, ed 6/10/76; Order 257, � 332--40-480, filed                         259, � 332-40-460, filed 6/10/76; Order 257, � 3321
                      5/21/76.1                                                               40-460, filed 5/21/76.]

                                                                                     F-1

    	WAC 332-40-570 Preparation of the final Eis-
    Contents -When no critical comments received on the
    draft EIS. (1) If the department does not receive any
    comments critical of the scope or content of the draft
    EIS, the department may prepare a statement to the ef-
    fect that no critical comments were received and circu-
    late that statement in the manner prescribed in WAC
    332-40-600
    	(2) The statement prepared and circulated pursuant
    to subsection (1) above, together with the draft EIS
    (which is not recirculated with the statement), Shall
    constitute the "final EIS" for the proposal: provided,
    That when the draft EIS was not circulated to the office
    of the governor or the ecological commission, then the
    draft EIS shall be attached only to the statement sent to
    these agencies. Order 250, & 332 40-570, filed
    6/10/76; Order 257 & 332-40-570, filed 5/21/76.)

    	WAC 332-40-580 Preparation of the final EIS-
    Contents-When critical comments received on the
    draft EIS. (1) When the department receives any com-
    ments critical of the scope or content of the draft EIS,
    whether made in writing or made orally at any public
    hearing on the environmental impact of the proposal, it
    shall comply with either subsection (2) or (3) below.
    	(2) The department may determine that no changes
    are required in either the draft EIS or the proposal, de-
    spite the critical comments that were received during the
    commenting period. The department must prepare a
    document containing a general response to the comments
    that were received the text or summary of written com-
    ments, and a summary of the oral comments made by
    the public at any hearing held on the proposal or its en-
    vironmental impacts. The department shall then circu-
    late the document in the manner prescribed in WAC
    332-40-600: Provided, That when the draft EIS was not
    circulated to the office of the governor or the ecological
    commission. then the draft EIS shall be attached only to
    the statement sent to these agencies.
    	(3) The department may determine that it is neces-
    sary and appropriate to rewrite the contents of the draft
    EIS in order to respond to critical comments received
    during the commenting period. In such instances, the
    department shall circulate the rewritten EIS in the
    manner specified in WAC 332-40-600. The department
    shall ensure that the rewritten EIS evidences an affir-
    mative response by the department to the critical com-
    ments, or alternatively, contains a summary of those
    critical comments with which it does not agree.
    	(4) A document prepared and circulated pursuant to
    subsectin (2) or (3) above shall constitute the "final
    EIS" for the proposal. (order 259.& 332-40-580, filed
    6/10/76; Order 257 & 332-40-580, filed 5/21/76)

    	WAC 332-40-600 Circulation of the final EIS. The
    final EIS shall be circulated to the department of ecolo-
    gy, office of the governor or the governor's designce, the
    ecological commission, the department's SEPA public
    information center, agencies with jurisdiction, and fed-
    eral agencies with jurisdiction which received the draft
    EIS It shall be made available to the public in the same
    manner and cost as the draft EIS. (Order 259. & 332-
    40-600, filed 6/10/76; Order 257 $ 332-40-600, filed
    5/21/76.)

    			F-2

                                                           APPENDIX G.

                                         Table of major subtidal hardshell clam beds.

                          Bed location         Area      Estimated hardshell  clam population (pounds).
                                              (acres)     Butter      Littleneck      Horse          Total

                     1. Point Roberts           113     7,517,759         98,271      786,171      8,402,201

                     2. Point Roberts            48     6,893,326       754,286     1,278,094      8,925,706

                     3. Hale Passage            150     2,487,886     1,505,826             0      3,933,712

                     4. Hale Passage            166     1,514,843       649,218             0      2,164,061

                     5. Sinclair Island         280     7,305,012       852,251             0      8,157,263

                     6. Guemes Island           847    10,698,380       386,910             0     11,085,290

                     7. Port Angeles Hbr.       100     1,566,592     1,000,878       913,845      3,481,315

                     8. Green Point             467    10,171,260     1,627,402     1,830,827     13,629,489

                     9. Dungeness Spit          356    13,162,743     2,447,693     3,251,972     18,862,408

                    10. Dungeness                20       270,072       174,240       740,520      1,184,832

                    11. Sequim Bay               44       979,708       288,149       845,238      2,113,095

                    12. Dallas Bank             375     4,899,193              0            0      4,899,193

                    13. Port Discovery           39       152,895       509,652       169,884        832,431

                    14. Port Discovery           21       118,918       155*509             0        274,427

                    15. Lagoon Pt. North        138     4,087,670       240,451         60,112     4,388,233

                    16. Laggon Pt. South        164     4,357,742       500,068       142,876      5,000,686

                    17. Port Townsend Canal      28     1,719,748       414,691     2,097,849      4,232,288

                    18. Midchannel Bank          46       179,746       199,940         19,994       399,680

                    19. Marrowstone Island      110     1,054,152       479,160     1,341,648      2,847,960

                    20. Kilisut Hbr. North      373     3,412,970     6,500,894     5,525i760     15,439,624

                    21. Kinney Point            156     2,920,132       407,460         67,910     3,395,502

                    22. Mats Mats Channel        25       713,513         76,480            -        790,353

                    23. Colvos Rocks             96     2,179,045       377,571       125,714      2,681,901

                    24. Colvos Rocks            103     1,304,927       269,985             0      1,574,912

                    25. Hood-Head                42       640,332       109,771             0        750,103

                                                                 G.- I

                                                             APPENDIX G. (Cont.)

                          Bed location              Are a       Estimated hardshell clam population (pounds).
                                                  (acres)      Butter        Littleneck        Horse            Total

                     26. Port Gamble                  85       554,083          36.939          73,633          644,655

                     27@ Squamish Harbor            155      2,222,344         .336,828        471,406        3,030,469

                     28.  Squamish Harbor              6       172,498           5,227          91,476          269,201

                     29.  Lofall                    117      1,783,782         101,930         305,791        2,191,503

                     30.  Brown Point                  4       339,332           1,655          67,866          408,853

                     31.  Bangor Wharf                 5        75,751          10,237          24,568          110,556

                     32.  Bangor Wharf                19       401,275          40,946         106,461          548,682
                     33'. Bangor Wharf                 7       191,316           6,273          18,818          216,407

                     34.  Kings Spit                  10       139,426           8,451         101,408          249,295

                     .35. Dabob Bay                   45     1,117,314          39,204         176,418        1,332,936

                     36.  Fulton Creek                54     3,228,537          23,566         329,923        3,582,026

                     37.  South Hood Canal            so     1,498,464          34,848         209,088        1,742,400

                     38.  Indianola                    1        59,677           3,049          74,488          137,214

                     39.  Port Madison                31     1,404,157         160,475                 0      1,564,632

                     40.  Agate Passage             140      5,072,518        3,116,849      5,500,321       13,689,688

                     41.  Agate Pass                  30     1,372,140         692,604       1,267,596        3,332,340

                     42.  Port Orchard                66       742,959         942,987         428,630        2,114,576

                     43.  Port Orchard                27       269,506         515,576          11,718          796,800

                     44.  Port Orchard                 7        70,916          83,809          19,341          174,066

                     45.  Liberty Bay                 51     1,0820161        1,015,906        331,274        2,429,341

                     46.  Sinclair Inlet               2        13,939          25,265          23,552            62,726

                    .47.  Dyes Inlet                101      1,407,859         307,969                 0      1,715,828

                          TOTAL                    5,350   113,528,528      27,567,171      28,832,160      169,927,859

                                                                       G-2

                                                    APPENDIX H

                                             Example of DNR Agreement

                                        For Subtidal Hardshell Clam Harvest

                          The DNR harvest agreement if being revised. When available, copies
                     will be sent to those listed in Appendix C.

                                                      H-1

                                     APPENDIX I. Example of WDF Harvest Permit.
                                                          77A, 7A.

           JOHN SPELLMAN                                                                     ROLL@ND A. SCHMITTEN
              Governor                                                                            Dir,

                                                   STATE OF WASHINGTON
                                             DEPARTMENT OF FISHERIES
                      115 GeneralAdministration Building * 0iympJa,Washtngton98504 (206),753-6600  (SCAN)234-6600

                              EXPERIMENTAL PERMIT TO-OPERATE A, CLAM HARVESTING MACHINE

                                                   PERMIT NO. 81-07

                    The purpose of this perTnit is to allow further development and testing of
                    the new clam harvester. Operations are permitted at Colvos Rocks during-
                    the first half of the permit period and-at Kil.isut Harbor during the second
                    half of the permit period. The operator is to notify the Point Whitney
                    Shellfish Laboratory of each day's operation. Additional diver observations
                    of the operating characteristics of the vessel are to be made at a mutually
                    arranged time while the vessel is.in Kilisut Harbor.

                    This permit authorizes Sea Foods, Inc., Pier 54, Seattle, WA 98104,   to use
                    a mechanica'I device known as a hydraulic harvester to harvest 6ams on an
                    experimental basis for a 40-day time period.

                    The device, operated under terms of this permit, shall be attached to the
                    motor vessel "KEEP CLAM" ar(d this pe'rmit shall be carried on board this
                    vessel at all times when clam harvest operations are in progress.

                    Prior to harvesting on the following described area, markers shall be
                    erected to clearly designate the limits of the leased grounds. A minimum
                    number of markers shall be one at each corner and angle of the tract boun'dary
                    lines, and at intervals between corner markers so that the interval between
                    markers shall,:in no case exceed 500 feet. A marker shall consist of a pole
                    sunk in the ground or bottom at a sufficient depth to stand upright, tall
                    enough to project above the water at all stages of the tide, and equipped
                    with a flag. Buoy markers may be substituted for pole markers provided
                    they are sufficiently sturdy and well moored to form a permanent-type
                    marker. Said markers shall be of sufficient strength to withstand the
                                                                         k'
                    weather and remain upright or in position until harvesting operations are
                    concluded under the terms of this permit. Special marking procedures agreed
                    upon between the Department of Natural Resources and Jefferson County shall
                    be used at all time! when operation is occurring i-n Kiiisut Harbor.
                                                  COLVOS ROCKt, JEFFERSON COUNTY

                    Described approximately as follows:

                    A 70-acre tract of the.bed of navigable waters lying in front of Section 4,
                    Township 28 North, Range I East, W.M., in the vicinity of Colvos Rocks and
                    further described in state of Washington lease No. 10560.

                                                  KILISUT HARBOR, JEFFERSON COUNTY

                    Described approximately as follows:

                    This tract comprised of approximately 132 acres of the bed of navigable waters

                     Experimental Clam Harvest Permit No. 81-07
                     Sea Foods, Inc.
                     Lease No. 10560, Colvos Rocks and
                     Lease No. 9112A, Kilisut Harbor
                     Page 2

                     described as follows: Those portions of the bed of Kilisut (Long) Harbor,
                     owned by the state of Washington, situate in front of Government Lots 5 to              PF
                     8 inclusive and southerly side of Government Lots 1 to 3 inclusive, Section
                     18; and Government Lots 1, 2 and 6, Section 19, all in Township 30.North,
                     Range'l East, W.M., included within the limits of the two 'tracts and as
                     further described in state of Washington lease no. 9112A.                               PF
                     This permit is applicable only to the tracts described above, and is valid
                     only during such time as a valid Southern Puget Sound District clam farm
                     license, a mechanical clam gear license, and a lease or other agreement
                     between the permit holder and owners are in effect.
                     NOTE: It shall be unlawful for any license to be operated or caused to
                            be operated by any person other than the person listed on the.
                            license.
                     Number of je-ts:   21                    Jet diameter:    1/2 inch

                     This permit is subject to the attached conditions.

                     This permit expires: November 29, 1981.

                       October 19, 1981
                        Date                              Roltand         tten, Director
                                                          Washington De   tment of Fisheries

                        CT
                                                                  XQ.S: Qch m Lit t c

                                                            1-2

                 Company: Sea Foods, Inc.
                 Permit No.   81-07
                 Vessel(s) KEEP CLAM

                 THIS PERMIT IS SUBJECT TO THE FOLLOWING CONDITIONS:

                 1.  For each week's operation, the harvester must successfully harvest the clams
                     without smashing them, destroying seed clams, or without other damage to the
                     clam habitat. Breakage of clams shall not exceed 15%.

                 2.  The harvester must leave the ground in good condition for future crops of
                     clams, the maximum depth of the harvester cut must not exceed 24 inches, and
                     care shall be exercised to ensure the cut is no debper than that necessary to
                     effectively.harvest the clams.

                 3.  Damage to other important animal and plant"populations must be, in- the judge-
                     ment of the Department of Fisheries, at an acceptable minimum.

                 4.  Operation of the harvester does  not create problems with water quality, pri-
                     marily in respect to silt.

                 5.  The harvester will be operated  in a manner to minimize blow-out of clams on
                     the bottom and obtain maximum return of the substrate material into the cut.

                 6.  In an effort to minimize wastage of small clams, long single harvest transects
                     will be avoided. Operation will be confined to smaller areas that can be more
                     completely worked before going on to new areas.

                 7.  This permit does not authorize the harvesting or use of the device on pbblic
                     beaches, State lands not under lease, private lands not under lease., or on
                     any of the shellfish reserses.

                 8.  Nothing in this permit shall be construed to mean that the permittee is exempt
                     from compliance with the trespass laws or any other valid law or regulation of
                     any governmental agency.

                 9.  A harvest log, available  from the Department of Fisheries, shall be on board
                     the vessel during each time the harvester is in operation and shall be made
                     out at the end of each day of harvest. The record shall include the daily
                     catch.in pounds or bushels, by species for the harvest location, and shall be
                     mailed to the Director of Fisheries by the 10th of the following month.
                 10. It shall be the responsibility of the operator to cease 'harvest operation at
                     any time it appears that improper operation is occurring, or that the opera-
                     tion is not in compliance with the above listed permit requirements. Prior
                     to resumption of harvest, the operator must complete needed repairs; notify
                     the Department, an.d-receive approval for resumption of activities.

                 11. This permit is subject to revocation at any time the Director of Fisheries
                     deems such action to be in the best interest of proper management of the
                     fisheries of the state of Washington, for any violation of the terms of this
                     permit, or the Revised Code of Washington'.

                                                          1-3

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                                                                                            GAYLORDINo. 2333                                  PRINTED IN U.S.A.

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