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. 94-23-058 (Order 94-160), § 220-110-271, filed 11/14/94, effective 12/15/94.]