Sandshrimp and shellfish licenses.

willierower · 12-26-2003, 02:59 PM

I just called the ODF&W and asked about license requiments for gathering your own sandshrimp. You do have to have the license to gather sandshrimp. If you buy sandshrimp from a store you must have the reciept with you while you have the sandshrimp in your possesion. If you give someone sandshrimp that you have gathered you must give them a a piece of paper with your name a license # printed on it.

Just another example of how the stae is sqeezing us for more money. I see nothing wrong with having to purchase a license to gather crabs and clams. But for sandshrimp?? Come one. It already bad enough that I have to pay for halibut and sturgeon tags when I dont fish for either. I dont crab or dig clams, but I do gater my own bait. Next thing you know we will have to buy permits to gather nightcrawlers from our own yards

Captain and Marie · 12-26-2003, 04:16 PM

We've been buying sand shrimp harvesting license for 14 years, whats new?

Not new to us.!

Boat license
permits
registration
harvesting license
bait dealer license
shrimp landing fees
weekly ODFW reports

Nothing new here!

Now you know.

Marie [img]graemlins/hearton.gif[/img]

[ 12-26-2003, 09:23 PM: Message edited by: Captain and Marie ]

Crazy Fisherman · 12-26-2003, 04:24 PM

Are you sure about this? If that is the case, I`ll be darned if I buy a tag to get sand shrimp. I for one will just get the things without a tag. There is know way I will buy a tag to get sand shrimp, ODFW can kiss my ----!!!!!!!!!!!!

ampersat · 12-26-2003, 04:45 PM

If I buy sandshrimp and split the carton with someone else, do I have to tear the receipt in half and give that person a piece as proof? Are they passing this info to the retailers who sell sandshrimp?

This is ridiculous. I've never much cared for fishing with sandshrimp just because they're so "fragile" and expensive. Now I've got a good reason not to bother at all.

HeavyMetal BankFisherman · 12-26-2003, 05:13 PM

Shhh, hear that?

Hear what?

That!

Quick hide the shrimp!

What?

Hide the shrimp!

Five O!

Hide the shrimp!

Gentelman any luck?

Uh nothing yet

What did you put behind that rock?

Uh, nothing sir

I saw you put something there as I walked up

Is that a shrimp container?

Uh, yes sir

Let me see your license or receipt

Uh, I don't have one

OK! Put the poles down, hands in the air, and step away from the shrimp

Did you boys think you were going to fish shrimp in my county without a license?

Honest sir, I bought the shrimp at the store

Where's your receipt?

Uh, I guess I threw it away

You threw it away?

Heard that one before

Hands behind your backs

Are we under arrest?

What do you think?

Your fishin shrimp without a license or receipt

anger management · 12-26-2003, 05:18 PM

That is real funny heavybankmetal

12-26-2003, 05:28 PM

We're talking about what? $6.50? Small price to pay for the benefits of a statewide shellfish license.
Just my .02

HeavyMetal BankFisherman · 12-26-2003, 05:40 PM

I don't dig sandshrimp but if I did I would not have any problem with the license fee. The receipt issue is something else. I rarely fish with sandshrimp because I rarely fish. But I have never thought about having the receipt, have never seen anything regarding it, and doubt that I would ever be asked for my sandshrimp receipt.

Uncle Roman · 12-26-2003, 05:43 PM

Good one HMBF!!
Well Stew, I have never touched a clam gun or shovel, haven't thrown a crab pot in 4 years, will most likely forgo the annual crawdad trip, don't wanna pry mussels off the rocks etc. but maybe I was going to get up even earlier to go pump shrimp to defray the exorbitant cost of fall salmon fishing. I would enjoy forking over that dough almost as much as I currently enjoy paying for a halibut/sturgeon tag every year that I will never use.
Bollocks!!

Crazy Fisherman · 12-26-2003, 05:47 PM

Stew, Were talking about getting bait here not clams or crabs. This is crazy. I can see having a tag for clams and crabs maybe, but for bait, please!!!!!!!!!!!!! Does this mean my 8 year old girl needs to have a tag to get shrimp with me too.

12-26-2003, 05:51 PM

The receipt thing will require further investigation but how enforceable is that going to be? The OSP is going to go around and ask people for their receipts for the sand shrimp they bought?.....doubtful
So if that's the case if you buy clams or crab from the store are you required to keep the receipt for that too?

[ 12-26-2003, 07:03 PM: Message edited by: Stew ]

Captain and Marie · 12-26-2003, 05:51 PM

Recreational Shellfish License? 2004

Q: Who needs a recreational shellfish license?

A: Any person 14 years of age or older who is in the act of harvesting any shellfish including, but not limited to, clams, crab, mussels, abalone, oysters, piddocks, shrimp (they do not mention sand shrimp) or scallops or anyone in the possession of such shellfish in the field must have in their possession a valid recreational shellfish license. Any person harvesting crayfish or freshwater clams does not need a license.

Q: When will I need a recreational shellfish license?

A: A recreational shellfish license will be required for all harvesters 14 years or older beginning January 1, 2004 . The shellfish license will be available for sale beginning December 1, 2003 .

Q. Why does Oregon have a new recreational shellfish license?

A: Citizens initiated and backed the passage of the new license in the 2003 Legislative Session due to concerns regarding lack of enforcement, minimal toxicity testing, beach closures, shellfish wastage, lack of public education, lack of information on shellfish population status and abundance, and lack of current data to address impacts due to shellfish habitat loss/alteration.

Q. How much does the recreational shellfish license cost?

A: The fee for an annual resident license is $6.50. The fee for an annual non-resident license is $16.50, and the fee for a three-day non-resident license will be $9.00. These prices include a $1.50 agent fee for every license issued. All revenue collected from the recreational shellfish license will be dedicated to shellfish-related programs operated by the Oregon Department of Agriculture, Oregon State Police and the Oregon Department of Fish and Wildlife.

Q: Where can I buy a recreational shellfish license?

A: Recreational shellfish licenses can be purchased at any Point-of-Sale license agent that sells angling or hunting licenses. In addition, participating marinas and charter offices will have the three-day non-resident license and the annual resident license available. Marinas and charter offices will buy booklets of these two types of shellfish licenses for resale to customers.

Q: Will I be able to take shellfish with my SportPac license?

A: No. The bill enacted by the 2003 Oregon Legislature to create the Shellfish License did not include the taking of shellfish under the annual combination SportPac license. The shellfish license is separate and in addition to all other licenses.

Q: What is the penalty for harvesting shellfish without a recreational shellfish license?

A: Local courts determine fines. The standard bail for not having a valid license is $75.

Q. What activities require a recreational shellfish license?

A: Similar to a fishing license, any activity that constitutes �shellfish fishing or harvesting� activities will require licensing. The license does not change the current regulatory requirements for legally harvesting shellfish. Examples include, but are not limited to: dropping or pulling crab pots, rings or other gear designed to catch crab; checking or baiting gear; sorting crab; digging for shellfish on a beach with hands, shovels and other clam harvesting gear; taking or possession of marine shellfish (as defined above); and participating directly in the act of recreational harvest. Enforcement officers will interpret �anyone taking or attempting to take� shellfish to include other activities consistent with assisting or participating in recreational shellfish harvesting.

Q: When is a recreational shellfish license NOT required?

A: You do not need a recreational shellfish license if:

� You are younger than 14 years old.
� You are operating a boat or are on a beach, boat or dock, and do not touch or participate in any way in the baiting or setting of gear, sorting of shellfish, harvesting of shellfish, or taking the shellfish with you.
� You are a client on a charter boat, and you do not participate in the harvest or possession of shellfish.

NOTE : If shellfish are caught legally by one individual, and he/she desires to give the shellfish to someone else who did not legally catch it, a receipt of transfer must be in your possession. (A transfer form can be found in the Oregon sport fishing regulations) Recreationally harvested shellfish cannot be sold.

Q: How will the agencies work together to use the shellfish funds, and will marinas and ports participate?

A: The Oregon Department of Agriculture, Oregon State Police, and Oregon Department of Fish and Wildlife already rely upon one another for managing the fisheries. The Oregon Department of Agriculture depends upon the Oregon State Police to enforce toxin closures, and upon the Oregon Department of Fish and Wildlife to collect many of the samples needed for the toxin testing. The Oregon Department of Fish and Wildlife depends upon the Oregon State Police to enforce the rules and regulations necessary to ensure a sustainable resource.

Shellfish programs have been severely cut back in the past decade due to state funding reductions. The funds raised by the sale of shellfish licenses will allow a baseline program in each agency to recoup information and resource management programs lost in the past. The agencies will expand cooperative public outreach efforts through partnerships with marinas and ports with joint news releases, cooperative pamphlets about proper shellfish handling and harvesting techniques, beach closure notices, and updated brochures regarding Oregon 's many opportunities to harvest shellfish. In addition, the state agencies will work with charter boats, marinas and ports to develop and enhance public education on marine shellfish.

Q: Will this recreational shellfish license affect the commercial harvest of shellfish?

A: The number of commercial clam diggers reflects the market conditions and the abundance of clams available. When there are large numbers of clams present there is an increase in commercial diggers, but there also is an increase in recreational catch and effort. Historically, the catch has averaged 85 percent recreational and 15 percent commercial.

Q: What will be the initial impact of the license requirement to the coastal and recreational economy?

A: It's too soon to know what the economic impact will be of requiring shellfish licenses. It will be difficult to compare any economic data collected because there has not been a comprehensive economic analysis done of the coastal communities regarding the shellfish fisheries in more than two decades. When the state of Washington implemented its shellfish license, it did not experience a drop-off in users. Some people may choose to not participate in the fishery because of the new recreational shellfish license. However, citizen support for the recreational shellfish license has been strong.

Q: If management programs rely upon the shellfish license sales revenue, what will happen to those programs in years of no harvest due to toxin closures of beaches?

A: The recreational shellfish license is not solely dependent upon any one fishery. The razor clam population seems to be the most affected by the toxins because razor clams tend to retain the toxins for long periods of time. The 2002 Clatsop Beach recreational fishery achieved record highs in harvest and effort, and the south coast fishery was the best it has been in recent years. It is estimated that there were a combined 175,000 digger trips. In comparison, the estimated number of bay crab and clam user trips was more than 800,000. Even if the razor clam season were closed for a long period of time, there still would be revenue generated from the recreational shellfish license to support base programs.

MW

[ 12-26-2003, 07:39 PM: Message edited by: Captain and Marie ]

Pitch Pocket · 12-26-2003, 06:24 PM

Puleeze,

It costs $3.95 for a dozen nearly dead sand shrimp. You can suck 100 or more in about 10 - 20 minutes. For $6.95, you support the fishery and keep people who come from out of state from skating off with our resources rather than crab/clam/shrimping in their own state.

Quit your belly-aching and cough up the fee. If you don't, you can cry later about how they stuck you for $75 as a fine, lost a day of work to go to court and they confiscated your gear. Anti social behavior has no place in this scenario. It is now the law and you have to play by the rules.

Silver Willie · 12-26-2003, 07:27 PM

Or, better yet, you could just pump 4500 shrimp when you want, without a license, and not worry about a fine, like I have for 20 years. Give me a ticket, see if I care. Don't worry, just fish.

[ 12-26-2003, 08:32 PM: Message edited by: Silver Willie ]

STGRule · 12-26-2003, 08:01 PM

What pray tell would any sane person need 4500 sand shrimp for? The waste that must be associated with that is mind-boggling. If what you say is true then I'm glad you have to pay 0.0014 cents apiece for them. Better yet, you'll get a ticket over and over again. How can you possibly justify that consumption? If you are selling them then join the real world and pay your fees. This is most disturbing.

You also might want to check the AUP you agreed to when you signed up here? There are specific words about advocating illegal behavior.

[ 12-26-2003, 09:07 PM: Message edited by: STGRule ]

HeavyMetal BankFisherman · 12-26-2003, 08:02 PM

I don't want a ticket

Better to play by the rules.

Not like i'll be out after sandshrimp anytime soon anyway.

[ 12-26-2003, 09:04 PM: Message edited by: HeavyMetal BankFisherman ]

Snapset · 12-26-2003, 09:24 PM

I will pay the money because I am not a scofflaw, but I have yet to see what the benefit of increased state involvement in my clam digging, shrimp pumping, and crabbing activities is.

Anyone care to enlighten me?

12-26-2003, 09:36 PM

Don't think it's so much your shellfish activity the state is worried about Snap. Go to some place like delRay beach near Seaside during a good clamming tide and you'll see the necessity for a license.The free ride for out of staters is over.
Part of the license fee goes to enforcement and when you have people who over harvest clams,crabs etc. and get away with it then we definately need more enforcement.

Silver Willie · 12-26-2003, 09:49 PM

STGrule, perhaps I should help your mind disturbacne. I think it was rather obvious that I was exaggerating with the 4500 shrimp estimate. The point is, alot of the people on this board worry about things that don't exist. I have been pumping sand shrimp for many years and have never been questioned about a license or anything like that. I agree with earlier posts that this is just another way of state officials taking more money from the outdoor enthusiast. If you feel good about paying $6.50 for the shrimp you pump, then more power to you. However, for the rest of us that appreciate one of just a few things out there that are not taxed, licensed, or regulated, perhaps you should avoid such negative comments.

Snapset · 12-26-2003, 10:30 PM

Thanks for the reply, Stew. I am afraid you and I are going to politely disagree on this one. While it may be a good thing that the free ride for out of staters is over, I was kinda enjoying the free ride for in-staters, to be honest. I don't think the pleasure we might get out of sticking it to Husky fans is gonna make up for the displeasure we are gonna get out of sticking it to ourselves.
As far as busting the gamehogs and poachers, yeah, that is unequivocally a good thing.

While I agree that I will get all of my money's worth and more out of a shellfish license, I have 3 teenagers who I try to include in my outdoor capers, even though they are teenagers so their enthusiasm to join in is sometimes underwhelming. The hassle (More so than the cost) of getting an extra license will just make it that much easier to leave them home.

crabbait · 12-26-2003, 11:03 PM

Silver Willie - Welcoem to ifish. If you look next to STGRule's moniker you will see "Ifish Forum Guide". That means that she is a moderator on this board. She nicely reminded you of the AUP that you were supposed to have read when registering for ifish.

When she comments on one of your posts your best bet is to pay attention, besides, she has a cool crown.

TonTo · 12-27-2003, 12:35 AM

Quote:

keep people who come from out of state from skating off with our resources

Quote:

The free ride for out of staters is over.

<font size="2" face="verdana,arial,helvetica">OK I'll admitt it I'm guilty.And yes I will be buying an OR shellfish license,you can't get rid of me that easy,I do love my clams.I also crab out of Oregon ports quite often but since WA has changed the regs to match OR's as far as crab goes I should still be able to do that under my WA license so I guess it's all about the clams.But with all the new funds to preform toxin tests and just general clam research,how long do you think it will be till OR starts managing digging dates much like WA,which don't happen very often.

[ 12-27-2003, 01:37 AM: Message edited by: TonTo ]

WheresMyBobber · 12-27-2003, 04:57 AM

After reading the regs posted here, I'm not convinced the license or receipt will be required for fishermen who bought sandshrimp for bait. Even if I'm wrong about this, I can't see it being actively enforced. It certainly doesn't meet the intent of the law.

"Any person 14 years of age or older who is in the act of harvesting any shellfish"

RJ · 12-27-2003, 05:25 AM

I went through the same reactions yesterday as you Willie, [img]graemlins/icon_argue.gif[/img] you gotta be kidding me.I had an intersting talk with ODFW and how this may be viewed through the eyes of the the Game officer.I have been pumping my own bait for salmon /sturgeon for nearly 30 years,now I have to worry about wether or not the person or persons I invited Sturgeon fishing with me have a shellfish liscence because the minute they thread a shrimp on their hook and they dont have a Shellfish liscence there breaking the rules

RJ

WaterDog · 12-27-2003, 06:05 AM

Rod and reel - $150 - $300 (most of you have more than one)
Vehicle fuel - $10-$35 (depending on your rig)
Tackle - $100-$500+ (Most of us have spend way more)
Boat - $1500-$30,000+ (depending on what you have)
Boat fuel - $5 - $50 (depending)
Bait $4 - $75 per trip (depending on the species)
License and tags - $50 - $150 (depending on what you do)

And your complaining about $6.50 or even the $52 for a fishing license, Sal/Steel/Sturg/hali tag, and shellfish tag. <sigh>

Quit this addiction called fishing, sell all your gear, buy a home theater system and go to Safeway from now on. It will be cheaper and you don't have to buy a license or tag to catch a DVD.

Tyeebuster · 12-27-2003, 07:19 AM

Stew,

I lived in Oregon for the first 27 years of my life and dug clams for alot of them. I do take some exception to the "No free ride to out of staters" comment. What about the free ride for the in staters that didn't buy a fishing liscense? I remember the beaches being patrolled more than any other resource for years without one dime paid by clam diggers.

I support the $6.50 resident liscence for the above stated reason. also, in my opinion, sand shrimp would be considered a shell fish. In fact any marine animal with an exoskeleton (shell) would be a "shellfish". So, for the larger question: "Do you need a shellfish liscence to scrape barnicles off of your boat?"

Metal Manipulator · 12-27-2003, 07:46 AM

Snapset · 12-27-2003, 08:02 AM

Waterdog, for those who have the money to outfit themselves in the manner you described, buying shellfish license is a neglible expense. That does not describe most of the people I see digging clams, or even those pumping some sandshrimp. For the price of a shovel or even a pump (less than $20) they could go down to the bay and enjoy a rewarding outdoor activity. That is no longer an option. It doesn't all have to be about money.

wak'm&stak'm · 12-27-2003, 08:11 AM

Geez.....this is chicken <feet>
It has nothing to do about the money, it is about principle. Fine....clams, crabs, ....but tdo you know one person who buys a sport pac that never uses shrimp.
RJ and I bought a 3" pump to gather mucho mud shrimp this year, and for 60 dollars I can operate this legally. When the fishhing gets good, we will furnish FREE bait to anyone available at the time, and I believe with a transfer slip we can do so. If not I will buy a dealers lic. and sell them for 1 cent per dozen.

I am personally sick of regs, on regs, on regs.

I have one other pet peez....everyone wishes young people today could find a health hobby, for numerous reasons. In my younger days, this would mean my father would have had to spend 520 for sport pacs for he and his 3 sons, plus 19.50 for shellfish lic. ........we did not have much when I was young due to my brothers huge med bills. This would have been very difficult for him to do, and I am sure there are many who will also have difficulty with this.
It is 100% bull <feet>.......

The more people that become discourage by rules, rules, ( I include hunting ) and regs $$$$......play right into the bunny huggers hands. If this trend continues, them will win by default.

[ 12-27-2003, 09:18 AM: Message edited by: Pete ]

Pete · 12-27-2003, 08:19 AM

Please remember, On Ifish, profanity and the use of symbols to substitute for profanity is not allowed. Please show some creativity in expressing yourself.

Captain and Marie · 12-27-2003, 09:47 AM

If not I will buy a dealers lic. and sell them for 1 cent per dozen.

Can I be your first customer?

(Just a Joke)
Marie [img]graemlins/hearton.gif[/img]

[ 12-27-2003, 10:48 AM: Message edited by: Captain and Marie ]

WaterDog · 12-27-2003, 10:27 AM

Snapset, read the first line in my signature.

[img]graemlins/lurk.gif[/img]

Jerry Dove · 12-27-2003, 10:54 AM

Marie. Thanks for posting the wording of the bill. Hope folks read it. Jerry

Twitchs_Tackle · 12-27-2003, 04:26 PM

Compared to the licenses that I've been buying in the past for sandshrimp (commercial fishing license & Wholesale Baitdealers License $115) these things are not too bad. I've had all the fun I can handle with the big stuff... I'm just gonna get the personal one! :grin:

jet · 12-27-2003, 04:35 PM

So true Rich.

It is all a matter of how you use what you have.

Jet~~~

fish_on · 12-27-2003, 07:29 PM

Quote:

Originally posted by Uncle Roman:
will most likely forgo the annual crawdad trip,

<font size="2" face="verdana,arial,helvetica">Will crawdad harvest require a licence? As I understand this is for saltwater only?

corkyking · 12-28-2003, 03:33 PM

Anyone please?
"We're talking about what? $6.50? Small price to pay for the benefits of a statewide shellfish license. And your complaining about $6.50 or even the $52 for a fishing license"
.-Pls state the benefits. Pls include benefits of WA's seaweed license.

"I am personally sick of regs, on regs, on regs."
-Amen Brutha'

"Don't think it's so much your shellfish activity the state is worried about Snap. Go to some place like delRay beach near Seaside during a good clamming tide and you'll see the necessity for a license"
-What do sandshrimp have to do with clams?

"Q: Will this recreational shellfish license affect the commercial harvest of shellfish?

A: The number of commercial clam diggers reflects the market conditions and the abundance of clams available. When there are large numbers of clams present there is an increase in commercial diggers, but there also is an increase in recreational catch and effort. Historically, the catch has averaged 85 percent recreational and 15 percent commercial.""
-Asked_not answered.

"Q: If management programs rely upon the shellfish license sales revenue, what will happen to those programs in years of no harvest due to toxin closures of beaches?

A: The recreational shellfish license is not solely dependent upon any one fishery. The razor clam population seems to be the most affected by the toxins because razor clams tend to retain the toxins for long periods of time."
-"seems to be?? - Can you direct me to an actual study connecting demoic acid to clams or shrimp? I found something about mussels and some vague reference about sea lions eating herring. What does this have to do with bait shrimp?

thanks

RJ · 12-28-2003, 05:23 PM

back to the top,

I believe this topic needs more clarification, because there are a whole bunch of people out there who do not understand the Intent of the wording on The shellfish Pamphlet.

Marie is Correct the Pamphlet does not mention Sandshrimp but The 04 Oregon Regs clearly state that Sandshrimp and Mud Shrimp are classified as shellfish.

The Pamphlet also States That any person 14 years or older who is in the act of Harvesting,but it also states in the next Paragraph or anyone in the possession of such shellfish in the field

now, The way I read this Intent if you buy sandshrimp or mud shrimp and go fishing with them a body of water = (the field)you must have a shellfish license.

can anyone clarify this

maybe the same Citzens who initiated and Backed the passage of the new License can? or did the ODFW not let them sit in on the actual Rule making.RJ

willierower · 12-28-2003, 06:15 PM

Come on people. Its not the money, Its the principle. I dont crab and I dont dig clams, But know I must pay the Oregon Department of Failure and Waste another fee just to be legal while fishing. :whazzup:

Think about this..... You are fishing for Surf Purch in the ocean. You decide you want to use muscle for bait. If you dont have a Shellfish License and you use the muscle, you just broke the law

Im all for the shellfish license, If it would only apply to taking of crabs and clams. Im not going to buy one just to gather bait.

[ 12-28-2003, 07:16 PM: Message edited by: willierower ]

glassblower · 12-28-2003, 08:04 PM

I thought the shellfish tags were for shellfish used for human consumption? does one tag cover it all? I will buy one for crabs, clams, and all that. But if I have to get a tag just for getting sandshrimp I will tell them to keep it < The following types of content may result in a revocation of membership and banning of a member from the bulletin board: Illegal statements or promoting illegal activities. > . They are just flat out taking it all to far with tags, licenses, and all these added fees they keep throwing in our faces. What do they think? that all fisherman are rich? we are broke to the gills try to keep up with it all. I have a hard time justifying the costs anymore when gas alone is $30 to $50 a trip not to mention all the other costs.

[ 12-28-2003, 09:17 PM: Message edited by: STGRule ]

TonTo · 12-28-2003, 08:07 PM

Same license as the clam/crab license.
If this is just a requirement for salt water,how far up the Columbia does this apply?

[ 12-28-2003, 09:10 PM: Message edited by: TonTo ]

corkyking · 12-28-2003, 10:56 PM

The following is about the Washington's Shoreline Management Act but the process is the same and,I assume,Oregon has similar procedures.

Rep. Buck has used the same explanations when complaining that WDFW has gone beyond the bounds of legislative intent in several different areas and stated how difficult it is to reign them in.

The thing that you have to remember is that the legislature establishes intent when they create a department like WDFW and if you think that the dept. is out of control then it is really fairly easy to remedy because we all get together at the polling booths every two years or so and let our representatives (our representatives not WDFW�s) know how they�ve been doing.

If the WDFW is not doing what it is supposed to do then the legislature has the power and the responsibility to make them do so. Like Bill Cosby said �I brought you into this world, I can take you out!�

Excerpts from:
Understanding the SMA if you are NOT a Lawyer ....

by: Rep. Jim Buck (R-24)

This paper deals with two types of law. The first is the Revised Code of Washington or RCW. The RCWs are laws passed by the Legislature and provide legislative instructions to the various state agencies for how they are to carry out mandated programs. RCWs can only be created or changed by the Legislature or by a vote of the people when they pass a ballot measure. The public hearing process for RCW changes occurs before the Legislature, unless the RCW change is in the form of an initiative or referendum. The second type of law is contained in the Washington Administrative Code or WAC. WACs are rules written by state agencies to guide implementation of an RCW. They must be consistent with the legislative intent of the RCW and can not exceed the authority granted to the agency by the Legislature. Most changes to WAC must undergo a public hearing process before the people of the state.......

......RCW 90.58.900 injects another variable into interpretation of the letter of the law. In that section, the Legislature exempted SMA "from the rule of strict construction and said the law shall be liberally construed to give full effect to the objectives and purposes to which it was enacted." This means the Legislature wanted the Department of Ecology (DOE) to make sure the policy was applied and that DOE has a greater discretion to interpret the law than it would under the rule of strict construction. This does not mean DOE can do whatever it wants. They still must stay within the intent of the policy expressed in RCW 90.58.020....

.....Successful opposition or support of a piece of legislation requires that specific issues be addressed. For instance, an advocate will get much further by saying, "I believe Section 4 of WAC 173-26-210 effectively ignores the legislative intent to permit planning for and fostering all reasonable and appropriate uses of shorelines" then the advocate will get by saying, "this is an unconstitutional taking of private property." The person may be right, BUT in our system only a court can decide constitutionality.......

Our system is supposed to work in the following manner.

You elect the Legislature. The Legislature enacts laws and fund the actions needed for government. The agencies, part of the executive branch, use the money to enforce the laws. You hold the Legislature accountable for the actions of the agencies.

This works well, as long as the agencies do what the law says within the budget the Legislature allocates. If they don't, we are faced with a system accountable to no one, that does whatever it wants and sends us the bill. When this happens, our system breaks down. It is your job as a citizen and voter to make the system work. This requires active and informed participation in your government. Thank you for taking time to read this paper. I hope it is helpful to you.

Clamman · 12-29-2003, 11:07 PM

To all,

The species listed in the fast facts state it is "including, but not limited to". The fast facts is not intended to replace existing regulations which can be found in the 2004 sport regulation booklet.

This was a citizen initiated license. ODFW only answered questions the Legislators had. The money will be used primarily by Department of Agriculture to have toxin tests. If they don't test you don't harvest. That simple. State police will not lose any officers with the new funding and ODFW will be able to staff a position or two.

Please don't blow the receipt issue out of context. It is no different than if you purchased fish at the store and then went back to your RV space located on a river that was closed to fishing. You still need to have a receipt. OSP is not going to look for anglers using shrimp and target them. They have a lot better things to be doing.

Domoic Acid is not a trivial matter. Please look at the links below. You will notice that it is not a NW only event.

www.nwfsc.noaa.gov/orhab/

www.redtide.whoi.edu/hab/nationplan/s-kplan/refs.html

www.redtide.whoi.edu/hab/nationplan/s-kplan/toxins.html

www.biosis.org.uk/sotw/030527/030527_g.html

www.mbari.org/~conn/botany/diatoms/jennifer/thanks.htm

ioc.unesco.org/hab/IOC%20List%20150903.doc

bonita.mbnms.nos.noaa.gov/sitechar/pelagic5lit.html

As well as research done by Vera Trainer, Nicolaus Adams, and John Wekell. The Washington Department of Health has an excellent paper titled "Establishing Tolerable Dungeness Crab and Razor Clam Domoic Acid Contaminant Levels". It cites numerous studies testing domoic acid on cynomolgus monkeys and the results. You might be able to find it on their web site:

www.doh.wa.gov/

If not I would contact them and request the document.

Clam

globalfisher · 12-29-2003, 11:12 PM

That is pretty rediculous, they are making us get liscenses for EVERYTHING now. Good thing I read this though... A couple of weeks ago I was getting my own. I could have gotten in trouble.

Whats next???
Captain and Marie, I will buy from you... You have good deals :smile:

[ 12-29-2003, 12:13 PM: Message edited by: globalfisher ]