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220-110-270  <<  220-110-271 >>   220-110-280

WAC 220-110-271

Agency filings affecting this section

Prohibited work times in saltwater areas.

Work waterward of the ordinary high water line shall be prohibited or conditioned for the following times and areas. These timing restrictions shall be applied to projects in the following saltwater areas except when allowed under subsection (6) of this section or WAC 220-110-285 (Single family residence bulkheads in saltwater areas).
(1) The prohibited times and areas for protection of migrating juvenile salmonids, surf smelt, and Pacific herring spawning beds are listed in the following table:
PROHIBITED TIMES
TIDAL
REFERENCE AREA
JUVENILE
SALMONID
MIGRATION
FEEDING AND
REARING AREAS
SURF SMELT
SPAWNING BEDS
 
HERRING
SPAWNING BEDS
 
 
1
March 15 - June 14
January 15 - March 31
 
2
March 15 - June 14
July 1 - March 31
January 15 - March 31
 
3
March 15 - June 14
October 1 - April 30
January 15 - March 31
 
4
March 15 - June 14
October 1 - April 14
January 15 - April 14
 
5
March 15 - June 14
September 1 - March 31
January 15 - April 30
 
 
 
in all areas except Eagle Harbor and Sinclair Inlet Year round in Eagle Harbor and Sinclair Inlet
 
 
6
March 15 - June 14
 
7
March 15 - June 14
Year round
February 1 - April 14
 
8
March 15 - June 14
Year round
February 1 - April 14
 
9
March 15 - June 14
Year round
February 1 - April 14
 
 
 
 
south of a line running due west from Governor's point
 
 
 
 
February 1 - June 14
 
 
 
 
north of a line running due west from Governor's point
 
10
March 15 - June 14
Sept. 15 - October 31 in
January 15 - April 30
 
 
 
Kilisut Harbor
October 15 - January 14
in Dungeness Bay
May 1 - August 31 in Twin Rivers and Deep Creek Year round in San Juan Islands
 
 
 
 
 
 
11
March 15 - June 14
September 15 - March 1
January 15 - March 31
 
12
March 15 - June 14
February 15 - April 14
 
13
March 15 - June 14
October 15 - January 31
January 15 - April 14
 
14
March 1 - June 14
 
15
March 1 - June 14
 
16
March 1 - June 14
 
17
March 1 - June 14
February 1 - March 14
(2) Tidal Reference Areas 1 through 17; October 15 through March 1 for projects in or adjacent to Pacific sand lance spawning beds.
(3) Tidal Reference Areas 1 through 17; December 15 through March 31 for projects in or adjacent to rock sole spawning beds.
(4) Tidal Reference Areas 1 through 17; May 15 through October 14 for projects in or adjacent to lingcod settlement and nursery areas.
(5) Additional timing restrictions may apply for protection of other important species of fish or shellfish or if necessary to protect fish life at a particular site.
(6) If the surf smelt spawning season for the project location is six months or longer, work may be permitted if it commences within forty-eight hours after the location is inspected by a department representative or biologist acceptable to the department and it is determined that no spawning is occurring or has recently occurred. The project may be further conditioned to require completion within a particular time.
[Statutory Authority: RCW 75.08.080. WSR 94-23-058 (Order 94-160), § 220-110-271, filed 11/14/94, effective 12/15/94.]