Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2007 NO. 1 > Jan 4 2007

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.

AGO 2006 NO. 2 > Jan 27 2006

1.  When a local jurisdiction designates critical areas under the Growth Management Act (RCW 36.70A), it is not obligated to include, as designated critical areas, shorelines of statewide significance or other shorelines within the jurisdiction; however, the jurisdiction should designate those shorelines within the area, or portions of them, and meet the statutory criteria for designation (RCW 36.70A.030(5)).  2.     If a local jurisdiction determines that some of the shorelines within its area should be designated as critical areas under the Growth Management Act (RCW 36.70A), that determination is subject to administrative and judicial review as provided in statute.

AGO 1991 NO. 4 > Feb 5 1991

1.  RCW 43.21A.190 provides that the Ecological Commission shall provide advice and guidance to the Director of the Department of Ecology with regard to the adoption of rules and regulations.  The Commission's role is limited to providing advice and guidance.  The Commission does not have the authority to prevent the Director from adopting regulations, that members of the Commission disapprove.  This applies to regulations that the Director adopts in connection with the Shoreline Management Act.  2.  RCW 43.21A.190, by its terms, does not apply to the Department of Ecology's responsibilities in the area of water resources.  Thus, the Director need not seek the advice and guidance of the Ecological Commission on water resource regulations.  The Commission does not have the authority to prevent the Director from adopting regulations relating to water resources.