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Washington Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagwa0009 and id is 1 raw text is: Rob McKenna 4Sr1n' Attorney General of Washington DEPARTMENT OF FISH AND WILDLIFE - SHORELINE MANAGEMENT ACT - DEPARTMENT OF ECOLOGY - Extent to which hydraulic project approval permits or shoreline substantial development permits are required for the planting, growing, and harvesting of farm-raised geoduck clams. 1. The Department of Fish and Wildlife may not require hydraulic project approval permits under RCW 77.55.021 to regulate planting, growing, or harvesting of farm-raised geoduck clams by private parties. 2. The planting, growing, and harvesting of farm-raised geoduck clams would require a substantial development permit under the Shoreline Management Act if a specific project or practice causes substantial interference with normal public use of the surface waters, but not otherwise. 3. Where a geoduck clam culture project would require a substantial development permit, the local government and the Department of Ecology would have a variety of enforcement options available; in some cases, conditional use permits might also be used to regulate this practice. A * * ** WWW *W*WWW*** ***** *ett January 4, 2007 Honorable Patricia Lantz State Representative, 26th District P. O. Box 40600 Cite As: Olympia, WA 98504-0600 AGO 2007 No. 1 Dear Representative Lantz: By letter previously acknowledged, you have requested an opinion on the following questions, which we have paraphrased slightly for clarity: 1. May the Department of Fish and Wildlife require hydraulic project approval permits under RCW 77.55.021 to regulate planting, growing, and harvesting of farm-raised geoduck clams by private parties? 2. Should local governments require shoreline substantial development permits under RCW 90.58.140 for planting, growing, and harvesting farm- raised geoduck clams by private parties? 3. If substantial development permits can be required for geoduck farming operations, how can local government and the Department of Ecology address existing operations? Attorney General of Washington Post Office Box 40100 Olympia, WA 98504-0100 (360) 753-6200

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