Washington State Register

WSR 97-22-107

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

(Wildlife)

[Filed November 5, 1997, 10:55 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-19-092.

Title of Rule: Personal use rules.

Purpose: Amend personal use rules.

Statutory Authority for Adoption: RCW 77.12.040 and 75.08.080.

Statute Being Implemented: RCW 77.12.040 and 75.08.080.

Summary: WAC 220-12-010, classify Atlantic salmon (except in its landlocked form) as a food fish so that areas and seasons may be regulated.

WAC 220-12-020, classify king crab and box crab (Lopholithodes spp.) as shellfish so that harvest of these species can be regulated.

WAC 220-16-440, correct description of closed area near Friday Harbor.

WAC 220-16-475, define anchovy, herring, sand lance, sardines and smelt as "forage fish."

WAC 220-16-480 and 220-16-490, define North McDaniel Cove Reef Conservation Area.

WAC 220-16-500, define Jorstad Creel Reef Conservation Area.

WAC 220-16-510, define Brinnon Pinnacle Conservation Area.

WAC 220-16-520, define Mike's Beach Reef Conservation Area.

WAC 220-16-530, define Tacoma Narrows Conservation Area.

WAC 220-16-540, define Duncan Rock Conservation Area.

WAC 220-16-550, define Octopus Hole Conservation Area.

WAC 220-16-560, define Hood Canal Bridge Conservation Area.

WAC 220-16-570, define Sunrise State Park Conservation Area.

WAC 220-16-580, define Zee's Reef Conservation Area.

WAC 220-16-590, define Orchard Rocks Conservation Area.

WAC 220-16-600, define Blakely Rock Conservation Area.

WAC 220-16-610, define "anadromous waters" as waters that are not landlocked.

WAC 220-16-620, define Olympic Beach Conservation Area.

WAC 220-16-630, define Edmonds City Beach Conservation Area.

WAC 220-16-640, define Carkeek Park Conservation Area.

WAC 220-16-650, define Discovery Park Conservation Area.

WAC 220-16-660, define Golden Gardens Park Conservation Area.

WAC 220-16-670, define South Alki Park Conservation Area.

WAC 220-16-680, define Me-Kwa-Mooks Park Conservation Area.

WAC 220-16-690, define Lincoln Park Conservation Area.

WAC 220-16-700, define City of Des Moines Park Conservation Area.

WAC 220-16-710, define South 239th Street Park Conservation Area.

WAC 220-16-720, define Brackett's Landing Park Conservation Area.

WAC 220-20-010, limit the use of a gaff to tuna and halibut and lingcod in Areas 1-4 for rule simplification and conservation of the resource. Allow large halibut to be shot when landing them with a dip net or gaff for public safety.

WAC 220-56-100, define the term "selective fishery."

WAC 220-56-115, change the term "bait fish" to "forage fish" to emphasize new management emphasis for these fish.

WAC 220-56-116, require barbless hooks while fishing for food fish in marine waters and rivers, streams and beaver ponds except while using forage fish jigger gear for rule simplification and ease of release of fish.

WAC 220-56-128, conservation area closure.

WAC 220-56-145, allow bottom fish other than lingcod to be filleted in the field for ease of preserving catch.

WAC 220-56-180, clarify that fishing for salmon must end when the daily limit of adult salmon is taken in all waters.

WAC 220-56-190 and 220-56-191, set a 14" minimum size for salmon for resource conservation.

WAC 220-56-240, define the daily limit of forage fish as 10 pounds in the aggregate for species conservation and to prevent wastage.

WAC 220-56-255, make the closed period for halibut fishing in Catch Record Card Area 2 Friday and Saturday to conform to Halibut Commission rules. Make the closed period for Catch Record Card Area 3 Sunday and Monday to conform to Halibut Commission rules.

WAC 220-56-262, establish rules for harvesting Atlantic salmon so that they can be harvested while salmon or trout fisheries are open.

WAC 220-56-265, make it illegal to use a smelt rake to harvest forage fish for species conservation. Allow disabled fishers to use a hand operated gate with dip net gear.

WAC 220-56-270, open smelt fishing in Padilla and Fidalgo Bays to allow harvest of healthy stocks.

WAC 220-56-275, clarify smelt daily limit.

WAC 220-56-285, Lower Columbia River seasonal shad closure.

WAC 220-56-290, close sturgeon fishing in the Chehalis River at night for rule simplification.

WAC 220-56-295, disallow gaff hooks for landing sturgeon for species conservation.

WAC 220-56-307, add Olympic Beach Conservation Area to the list of closed areas for shellfish harvest.

WAC 220-56-310, add a minimum size of 2 1/2 inches in shell length for oysters to protect native oyster stocks. Allow shrimp fishers to remove shrimp heads while in the field if they are retained to be weighed or measured. Allow anglers to take twelve male Dungeness crabs in the Columbia River for rule standardization with Oregon. Close harvest of king and box crab for species protection. Set minimum carapace size of 1 3/16 inch for spot shrimp in all waters except shrimp district 5 for species conservation.

WAC 220-56-315, allow a total of two star traps or ring nets for crab during Hood Canal shrimp fishery for angler opportunity. Standardize rules on shellfish pots to one pot per buoy for rule simplification.

WAC 220-56-320, standardize rules for shellfish pot buoys and for the lines attached to the buoys for rule simplification. Standardize rules for escape rings on crab pots for rule simplification. Delete rule to require 7/8 inch mesh in shrimp pots in some areas for standardization of gear rules. Resource conservation will be accomplished by a minimum size on shrimp instead.

WAC 220-56-325, delay opening of shrimp season in shrimp district 1 to limit take of ovigerous shrimp. Remove length limit on spot shrimp in Catch Record Card Area 6 to allow more angler opportunity.

WAC 220-56-330, allow retention of Dungeness crab and red rock crab during Hood Canal shrimp season for angler opportunity.

WAC 220-56-335, adjust the minimum size for Dungeness crab taken in the Columbia River to 5 3/4 inches for rule consistency with Oregon.

WAC 220-56-350 and 220-56-380, adjust beach seasons for oysters to conserve resource.

WAC 220-56-385, require oysters taken outside of Hood Canal to be kept in the shell while in the field for protection of native Olympia oysters.

WAC 220-57-160, adjust open areas and seasons for salmon fisheries on the Columbia River to conserve the resource and allow angler opportunity.

WAC 220-57-175, require release of chum salmon in the Cowlitz River to conserve the resource. Allow harvest of chinook salmon over 28 inches in length from Mill Creek to the Barrier Dam October 1 through December 31 for angler opportunity.

WAC 220-57-190, require selective fishery rules in the Deschutes River for ease in releasing fish and conformity with game fish rules.

WAC 220-57-235, require release of chum salmon in the Elochoman River to conserve the resource.

WAC 220-57-240, limit salmon fishery from the mouth of the Elwha River to Aldwell Lake Dam for resource conservation.

WAC 220-57-290, open salmon fishery on Icicle River for angler opportunity.

WAC 220-57-310, require release of chum salmon in the Kalama River to conserve the resource.

WAC 220-57-319, require release of chum salmon in mainstem and North Fork Lewis River to conserve resource. Close salmon fishery in North Fork Lewis River for resource conservation.

WAC 220-57-350, add selective fishery rules to salmon fishery on the South Fork Nooksack River for consistency with game fish rules and to ease release of fish.

WAC 220-57-455, add selective fishery rules to salmon fishery on the Snoqualmie River for consistency with game fish rules and to ease release of fish.

WAC 220-57-495, require release of chum salmon in the Washougal River to conserve the resource.

WAC 232-12-011, wildlife in conservation areas are protected wildlife.

WAC 232-12-619, disallow gaffing of game fish for rule simplification and conservation of the resource. Require barbless hooks in marine waters and in rivers, streams, and beaver ponds except on a set line for rule simplification and ease of release of fish. Place a daily limit on burbot of five fish for conservation of the resource. Place a daily limit of five channel catfish with a minimum size of twelve inches in length and no more than one over 24 inches in length if taken in a lake, pond, or reservoir. Makes wild steelhead release year-round, unless specified otherwise. Redefines the mouth of the Kettle River as the Barstow Bridge. Rename selective fishery regulations as selective gear rules.

WAC 232-28-619, amend exceptions to state-wide game fish rules to provide additional recreational opportunity and provide protection for local stocks.

Reasons Supporting Proposal: See Summary above.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, WA, 902-2930; Implementation: Bruce Crawford, 1111 Washington Street, Olympia, WA, 902-2325; and Enforcement: Ron Swatfigure, 1111 Washington Street, Olympia, WA, 902-2932.

Name of Proponent: Washington State Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.

Proposal Changes the Following Existing Rules: See Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules affect recreational fishing, not small businesses.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Red Lion Inn, North 1100 Sullivan Road, Spokane, WA, on December 12, 1997, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Robin Ayers by November 21, 1997, TDD (360) 902-2207, or (360) 902-2933.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, Washington Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091, FAX (360) 902-2942, by November 21, 1997.

Date of Intended Adoption: January 23-24, 1998.

November 5, 1997

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION (Amending Order 95-102, filed 8/15/95, effective 9/15/95)

WAC 220-12-010 Food fish--Classification. The following fishes are classified as food fish under RCW 75.08.080 and are subject to the provisions of this title:

Barracuda

Pacific barracuda Sphyraena argentea

Cyprinids

Carp Cyprinus carpio

Cods and hake

Pacific hake or whiting Merluccius productus

Walleye pollock Theragra chalcogrammus

Pacific Tomcod Microgadus proximus

Pacific Cod or true cod Gadusmacrocephalus

Flounder, sole and halibut

Butter sole or Bellingham sole Isopsetta isolepis

C-O sole Pleuronichtys coenosus

Dover sole Microstomus pacificus

English sole Parophrys vetulus

Flathead sole Hippoglossoides elassodon

Pacific halibut Hippoglossus stenolepis

Petrale sole Eopsetta jordani

Rex sole Glyptocephalus zachirus

Rock sole Lepidopsetta bilineata

Pacific sand dab Citharichthys sordidus

Sand sole Psettichthys melanostictus

Slender sole Lyopsetta exilis

Speckled sand dab Citharichthys stigmaeus

Starry flounder Platichthys stellatus

Turbot or Arrowtooth flounder Atheresthes stomias

All other species of sole and flounder (Pleuronectiformes)

Giant wrymouth Delolepsis gigantea

Greenling

Lingcod Ophiodon elongatus

Rock greenling Hexagrammos superciliosus

Kelp greenling Hexagrammos decagrammus

All other species of greenling (Hexagrammidae)

Herring and herring-like fishes

Northern anchovy Engraulis mordax

Pacific sand lance or candlefish Ammodytes hexapterus

Pacific herring Clupea harengus pallasi

Pacific sardine or pilchard Sardinops sagax

American shad Alosa sapidissima

Mackerels, tunas and jacks

(carangids)

Pacific bonito Sarda chiliensis

Pacific mackerel Scomber japonicus

Jack mackerel Trachurus symmetricus

Monterey Spanish mackerel Scomberomorus concolor

Spanish mackerel Scomberomorus maculatus

Yellowtail Seriola dorsalis

Albacore Thunnus alalunga

Bluefin tuna Thunnus thynnus

Skipjack tuna Euthynnus pelamis

Yellowfin tuna Thunnus albacares

All other species of tunas and

mackerels (Scombridae)

Pacific pomfret Brama japonica

Pacific pompano Peprilus simillimus

Plainfin midshipman Parichthys notatus

Ratfish Hydrolagus colliei

Rattails, all species (Coryphaenoididae)

Skates

Longnose skate Raja rhina

Big skate Raja binoculata

All other species of skates (Rajidae)

Rockfish

Bocaccio Sebastes paucispinis

Black rockfish Sebastes melanops

Brown rockfish Sebastes auriculatus

Copper rockfish Sebastes caurinus

Greenstriped rockfish Sebastes elongatus

Canary rockfish Sebastes pinniger

Pacific Ocean perch Sebastes alutus

Yelloweye or rasphead rockfish Sebastes ruberrimus

Rosefish or splitnose rockfish Sebastes diploproa

Silvergray rockfish Sebastes brevispinis

Quillback rockfish Sebastes maliger

Yellowtail rockfish Sebastes flavidus

All other species of rockfish (Scorpaenidae)

Sablefish Anoplopoma fimbria

Salmon

Chinook or King salmon Oncorhynchus tshawytscha

(except in its landlocked form

as defined in WAC 232-12-018)

Chum or dog salmon Oncorhynchus keta

Pink or humpback Oncorhynchus gorbuscha

Coho or silver Oncorhynchus kisutch

(except in its landlocked form

as defined in WAC 232-12-018)

Sockeye or blue back Oncorhynchus nerka

Masu Oncorhynchus masu

Atlantic salmon (except Salmo salar

in its landlocked form)

Sculpins

Brown Irish lord Hemilepidotus spinosus

Buffalo sculpin Enophrys bison

Cabezon Scorpaenichthys marmoratus

Great sculpin Myoxocephalus

polyacanthocephalus

Pacific Staghorn sculpin Leptocottus armatus

Red Irish lord Hemilepidotus hemilepidotus

Seabass and drums

White seabass Cynoscion nobilis

All other seabass and drums (Sciaenidae and Serranidae)

Sharks

Sixgill shark Hexanchus griseus

Soupfin shark Galeorhinus zyopterus

Dogfish or spiny dogfish Squalus acanthias

All other species of sharks (Squaliformes and

Hexanchiformes)

Smelts

Eulachon or Columbia River smelt Thaleichthys pacificus

Longfin smelt Spirinchus dilatus

Surf smelt Hypomesus pretiosus

All other species of smelt (Osmeridae)

Sturgeons

Green sturgeon Acipenser medirostris

White sturgeon Acipenser transmontanus

Surfperches

Blue perch or striped seaperch Embiotoca lateralis

Kelp perch Brachyistius frenatus

Redtail surfperch Amphistichus rhodoterus

Shiner perch Cymatogaster aggregata

Pile perch Rhacochilus vacca

Walleye surfperch Hyperprosopon argenteum

White seaperch Phanerodon furcatus

All other species of perch (Embiotocidae)

Wolf-eel Anarrhichthys ocellatus

Hagfishes

Pacific hagfish Eptatretus stouti

Black hagfish Eptatretus deani

[Statutory Authority: RCW 75.08.080. 95-17-062 (Order 95-102), 220-12-010, filed 8/15/95, effective 9/15/95; 89-14-010 (Order 89-48), 220-12-010, filed 6/22/89; 83-24-024 (Order 83-200), 220-12-010, filed 11/30/83, effective 1/1/84; 82-07-047 (Order 82-19), 220-12-010, filed 3/18/82; Order 1057, 220-12-010, filed 5/22/73; Order 807, 220-12-010, filed 1/2/69, effective 2/1/69; Order 677, Food fish classification, filed 3/31/66; Order 256, Food fish classification, filed 3/1/60.]

AMENDATORY SECTION (Amending Order 95-10, filed 1/30/95, effective 5/1/95 WAC 220-12-020 Shellfish--Classification. The following species are classified as shellfish under RCW 75.08.080 and are subject to the provisions of this title:

Abalone

Red abalone Haliotis refescens

Pinto abalone Haliotis kamtschatkana

Mussel

Blue mussel Mytilis edulis

California mussel Mytilis californianus

Scallops

Pacific pink scallop Chlamys rubida

Rock scallop Crassadoma gigantea

Spiny scallop Chlamys hastata

Weathervane scallop Patinopecten caurinus

Clams

Bent nose clam Macoma secta

All other macoma clams Macoma spp.

Butter clam Saxidomus giganteus

Common cockle Clinocardium nuttalli

Geoduck Panope abrupta

Horse or Gaper clam Tresus nuttalli,

Tresus capax

Mud or soft shell clam Mya arenaria

Manila clam Tapes philippinarum

Piddock Zirfaea pilsbryi

Razor clam Siliqua patula

Rock or native little neck clam Protothaca staminea

All other native clams (Eulamellibranchia)

Oysters

Eastern oyster Crassostrea virginica

Olympia or native oyster Ostrea lurida

Pacific oyster Crassostrea gigas

Kumamoto oyster Crassostrea gigas (kumamoto)

European oyster Ostrea edulis

All other oysters (Ostreidae)

Squid

Pacific Coast squid Loligo opalescens

Nail squid Onychoteuthis borealijaponica

Flying squid Ommastrephes bartramai

All other squid Sepioidea or Teuthoiden

Octopus

Octopus Octopus dolfeni

Barnacles

Goose barnacle Pollicipes polymerus

Shrimp

Coonstripe shrimp Pandalus danae

Coonstripe shrimp Pandalus hypsinotus

Ghost or sand shrimp Callianassa spp.

Humpy shrimp Pandalus goniurus

Mud shrimp Upogebia pugettensis

Ocean pink shrimp Pandalus jordani

Pink shrimp Pandalus borealis

Sidestripe shrimp Pandalopsis dispar

Spot shrimp Pandalus platyceros

Crab

Dungeness or Pacific crab Cancer magister

Red rock crab Cancer productus

Tanner crab Chionoecetes tanneri

King and box crab Lopholithodes spp.

Crawfish

Crawfish Pacifastacus sp.

Sea cucumber

Sea cucumber Parastichopus californicus

Sea cucumber Cucumaria miniata

Sea urchin

Green urchin Strongylocentrotus droebachiensis

Red urchin Strongylocentrotus franciscanus

Purple urchin Strongylocentrotus purpuratus

[Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-12-020, filed 1/30/95, effective 5/1/95; 91-10-024 (Order 91-22), 220-12-020, filed 4/23/91, effective 5/24/91; 88-12-025 (Order 88-28), 220-12-020, filed 5/25/88, effective 8/8; 87-23-006 (Order 87-187), 220-12-020, filed 11/6/87; 86-24-046 (Order 86-190), 220-12-020, filed 11/26/86; 85-09-017 (Order 85-20), 220-12-020, filed 4/9/85; 85-01-010 (Order 84-214), 220-12-020, filed 12/7/84; 83-24-024 (Order 83-200), 220-12-020, filed 11/30/83, effective 1/1/84; Order 1186, 220-12-020, filed 1/13/75; Order 990, 220-12-020, filed 5/11/72; Order 807, 220-12-020, filed 1/2/69, effective 2/1/69; Order 677, Shellfish classification, filed 3/31/66; Order 256, Shellfish classification, filed 3/1/60; Abalone and octopus from Order 483 and 256, filed 3/1/60.]

NEW SECTION

WAC 220-16-475 Forage fish. "Forage fish" is defined as anchovy, herring, sand lance, sardine and smelt.

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NEW SECTION

WAC 220-16-480 South McDaniel Cove Reef Conservation Area. "South McDaniel Cove Reef Conservation Area" is defined as those waters and bedlands in Hood Canal within a 1,000-yard radius of the southern point of McDaniel Cove, approximately 500 yards south of McDaniel Creek, but not to include waters and bedlands shoreward of the minus ten-foot mean lower-low water contour line.

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NEW SECTION

WAC 220-16-490 North McDaniel Cove Reef Conservation Area. "North McDaniel Cove Reef Conservation Area" is defined as those waters and bedlands in Hood Canal within a 500-yard radius of a point of land located approximately 2,000 yards north of McDaniel Creek, but not to include waters and bedlands shoreward of the minus ten-foot mean lower-low water contour line.

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NEW SECTION

WAC 220-16-500 Jorstad Creek Reef Conservation Area. "Jorstad Creek Conservation Area" is defined as those waters and bedlands in Hood Canal within a line projected due east from a point 1,000 yards north of the mouth of Jorstad Creek to the intersection with a line 200 yards offshore, then following the shoreline 200 yards offshore to the intersection with a line projected due east from the shoreline 1,500 yards north of the mouth of Jorstad Creek, then west to shore, but not to include waters and bedlands shoreward of the minus ten-foot mean lower-low water contour line.

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NEW SECTION

WAC 220-16-510 Brinnon Pinnacle Conservation Area. "Brinnon Pinnacle Conservation Area" is defined as those waters and bedlands in Hood Canal within a line projected due east from Wawa Point 500 yards, then due south 1,500 yards, then due west to shore, but not to include waters and bedlands shoreward of the minus ten-foot mean lower-low water contour line.

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NEW SECTION

WAC 220-16-520 Mike's Beach Reef Conservation Area. "Mike's Beach Reef Conservation Area" is defined as those waters and bedlands in Hood Canal within a line projected due east from the mouth of Waketickeh Creek to the intersection with a line 500 yards offshore, then following the shoreline northerly 1,700 yards to a line projected due east from the shoreline, then west to shore, but not to include waters and bedlands shoreward of the minus ten-foot mean lower-low water contour line.

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NEW SECTION

WAC 220-16-530 Tacoma Narrows Conservation Area. "Tacoma Narrows Conservation Area" is defined as those waters and bedlands within a line projected from the intersection of the south overhead power cable northeast of the Tacoma Narrows Bridge and the east shore of the Tacoma Narrows due west to the intersection with a line 100 yards offshore, then following the shoreline 100 yards offshore to the intersection with a line projected due west from a point 1,000 yards south of the intersection of the south overhead power cable northeast of the Tacoma Narrows Bridge and the shore, then due east to shore.

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NEW SECTION

WAC 220-16-540 Duncan Rock Conservation Area. "Duncan Rock Conservation Area" is defined as those waters and bedlands within a 100-yard radius around Duncan Rock.

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NEW SECTION

WAC 220-16-550 Octopus Hole Conservation Area. "Octopus Hole Conservation Area" is defined as those waters and bedlands of Hood Canal within a line projected due southeast from the boat ramp in Lilliwaup Bay to the intersection with a line 1,500 yards offshore, then following the shoreline 1,500 yards offshore to a point opposite the Rest-A-While Resort, then due west-northwest to shore, but not to include waters and bedlands shoreward of the minus ten-foot mean lower-low water contour line.

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NEW SECTION

WAC 220-16-560 Hood Canal Bridge Conservation Area. "Hood Canal Bridge Conservation Area" is defined as those waters and bedlands within a 500-yard radius of Light Number 4 located 1,000 yards south of the western end of the Hood Canal Bridge.

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NEW SECTION

WAC 220-16-570 Sunrise State Park Conservation Area. "Sunrise State Park Conservation Area" is defined as those waters and bedlands within a line projected due east from the southern boundary of Sunrise State Park to the intersection with a line 200 yards offshore, then following the shoreline 200 yards offshore to a line projected due east from a point 500 yards south of the southern boundary of Sunrise State Park, then due west to shore, but not to include waters and bedlands shoreward of the minus ten-foot mean lower-low water contour line.

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NEW SECTION

WAC 220-16-580 Zee's Reef Conservation Area. "Zee's Reef Conservation Area" is defined as those waters and bedlands of Hale Passage within a line projected due northeast from a point 1,400 yards northwest of Fox Point to the intersection with a line 200 yards offshore, then following the shoreline 200 yards offshore for 1,000 yards, then due southwest to shore, but not to include waters and bedlands shoreward of the minus ten-foot mean lower-low water contour line.

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NEW SECTION

WAC 220-16-590 Orchard Rocks Conservation Area. "Orchard Rocks Conservation Area" is defined as those waters and bedlands of Rich Passage within a 500-yard radius of Orchard Rocks.

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NEW SECTION

WAC 220-16-600 Blakely Rock Conservation Area. "Blakely Rock Conservation Area" is defined as those waters and bedlands of Rich Passage within a 500-yard radius of Blakely Rock.

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NEW SECTION

WAC 220-16-610 Anadromous waters. "Anadromous waters" is defined as all waters that are not landlocked.

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NEW SECTION

WAC 220-16-620 Olympic Beach Conservation Area. "Olympic Beach Conservation Area" is defined as those tidelands and bedlands owned by the City of Edmonds at Olympic Beach, and the water column above these tidelands and bedlands.

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NEW SECTION

WAC 220-16-630 Edmonds City Beach Conservation Area. "Edmonds City Beach Conservation Area" is defined as those tidelands and bedlands owned by the City of Edmonds at Edmonds City Beach north of the Edmonds Fishing Pier, and the water column above these tidelands and bedlands.

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NEW SECTION

WAC 220-16-640 Carkeek Park Conservation Area. "Carkeek Park Conservation Area" is defined as those tidelands and bedlands owned by the City of Seattle at Carkeek Park, and the water column above these tidelands and bedlands.

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NEW SECTION

WAC 220-16-650 Discovery Park Conservation Area. "Discovery Park Conservation Area" is defined as those tidelands and bedlands owned by the City of Seattle at Discovery Park, and the water column above these tidelands and bedlands.

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NEW SECTION

WAC 220-16-660 Golden Gardens Park Conservation Area. "Golden Gardens Park Conservation Area" is defined as those tidelands and bedlands owned by the City of Seattle at Golden Gardens Park, and the water column above these tidelands and bedlands.

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NEW SECTION

WAC 220-16-670 South Alki Park Conservation Area. "South Alki Park Conservation Area" is defined as those tidelands and bedlands owned by the City of Seattle at South Alki Park, and the water column above these tidelands and bedlands.

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NEW SECTION

WAC 220-16-680 Me-Kwa-Mooks Park Conservation Area. "Me-Kwa-Mooks Park Conservation Area" is defined as those tidelands and bedlands owned by the City of Seattle at Me-Kwa-Mooks Park, and the water column above these tidelands and bedlands.

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NEW SECTION

WAC 220-16-690 Lincoln Park Conservation Area. "Lincoln Park Conservation Area" is defined as those tidelands and bedlands owned by the City of Seattle at Lincoln Park, and the water column above these tidelands and bedlands.

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NEW SECTION

WAC 220-16-700 City of Des Moines Park Conservation Area. "City of Des Moines Park Conservation Area" is defined as those tidelands and bedlands owned by the City of Des Moines at City of Des Moines Park, and the water column above these tidelands and bedlands.

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NEW SECTION

WAC 220-16-710 South 239th Street Park Conservation Area. "South 239th Street Park Conservation Area" is defined as those tidelands and bedlands owned by the City of Des Moines at South 239th Street Park, and the water column above these tidelands and bedlands.

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NEW SECTION

WAC 220-16-720 Brackett's Landing Park Conservation Area. "Brackett's Landing Park Conservation Area" is defined as those tidelands and bedlands owned by the City of Edmonds at Brackett's Landing Park, and the water column above these tidelands and bedlands.

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AMENDATORY SECTION (Amending WSR 93-15-051, filed 7/14/93, effective 8/14/93)

WAC 220-20-010 General provisions--Lawful and unlawful acts--Salmon, other food fish and shellfish. (1) It shall be unlawful to take, fish for, possess or transport for any purpose food fish, shellfish or parts thereof, in or from any of the waters or land over which the state of Washington has jurisdiction, or from the waters of the Pacific Ocean, except at the times, places and in the manners and for the species, quantities, sizes or sexes provided for in the regulations of the department of fisheries.

(2) It shall be unlawful for any person to have in possession or under control or custody any food fish or shellfish within the land or water boundaries of the state of Washington, except in those areas which are open to commercial fishing or wherein the possession, control or custody of salmon or other food fish or shellfish for commercial purposes is made lawful under a statute of the state of Washington or the rules and regulations of the director of fisheries, unless otherwise provided.

(3) It shall be lawful to fish for, possess, process and otherwise deal in food fish and fish offal or scrap for any purpose, provided; that it shall be unlawful to use any of the following listed species for purposes other than human consumption or fishing bait:

Pacific halibut (Hippoglossus stenolepis)

Pacific herring (Clupea harengus pallasi)

(except as prescribed

in WAC 220-49-020)

Salmon

Chinook (Oncorhynchus tshawytscha)

Coho (Oncorhynchus kisutch)

Chum (Oncorhynchus keta)

Pink (Oncorhynchus gorbuscha)

Sockeye (Oncorhynchus nerka)

Masu (Oncorhynchus masu)

(4) It shall be unlawful for any person to fish for food fish or shellfish while in possession in the field of food fish or shellfish that are in violation of the harvest regulations for the area being fished. This regulation does not apply to vessels in transit.

(5) It shall be unlawful for the owner or operator of any commercial food fish or shellfish gear to leave such gear unattended in waters of the state or offshore waters unless said gear is marked with a buoy to which shall be affixed in a visible and legible manner the department of fisheries approved and registered buoy brand issued to the license, provided that:

(a) Buoys affixed to unattended gear must be visible on the surface of the water except during strong tidal flow or extreme weather conditions.

(b) When two or more shellfish pots are attached to a common ground line the number of pots so attached must be clearly labeled on the required buoy.

(6) It shall be unlawful to place any commercial food fish or shellfish gear in any waters closed to commercial fishing, provided; that this provision shall not apply to reef nets or brush weirs or to gear being tested under supervision of the department of fisheries, provided further that it shall be unlawful to take, fish for or possess food fish with any type of commercial fishing gear in the waters of Carr Inlet north of north latitude 47 20' from August 15 through November 30 except as provided in chapter 220-47 WAC.

(7) It shall be unlawful for the owner or operator of any fishing gear to refuse to submit such gear to inspection in any manner specified by authorized representatives of the department of fisheries.

(8) It shall be unlawful for any person taking or possessing food fish or shellfish taken from any of the waters or beaches of the Columbia River, the state of Washington or the Pacific Ocean for any purpose to fail to submit such food fish or shellfish for inspection by authorized representatives of the department of fisheries.

(9) It shall be unlawful for any person licensed under the fisheries code of Washington to fail to make or return any report required by the department of fisheries relative to the taking, selling, possessing, transporting, processing, freezing and storing of food fish or shellfish whether taken within the jurisdiction of the state of Washington or beyond or on Indian reservations or usual and accustomed Indian fishing grounds.

(10) It shall be unlawful to take, fish for or possess or to injure, kill or molest fish in any fishway, fish ladder, fish screen, holding pond, rearing pond, or other fish protective device, or to interfere in any manner with the proper operation of such fish protective devices.

(11) It shall be unlawful to club, gaff, shoot, snag, snare, dip net, harass, spear, stone or otherwise molest, injure, kill or destroy any food fish or shellfish or parts thereof, or for any person to attempt to commit such acts, or to have any fish, shellfish or parts thereof so taken in possession, except as provided for in this subsection:

(a) It shall be lawful to use a dip net((~~, gaff~~)) or club in the landing of food fish taken by personal-use angling unless otherwise provided and it shall be lawful to use a gaff in the landing of tuna and halibut in all catch record card areas and lingcod in Catch Record Card Areas 1 through 4.

(b) It shall be lawful to use a dip net, gaff, or club in the landing of food fish or shellfish taken for commercial purposes, except that it is unlawful to use a fish pew, pitchfork, or any other instrument that will penetrate the body of the food fish or shellfish while sorting commercial catches during the act of discarding those fish that are not going to be retained.

(d) It shall be lawful to use a spear to take carp as provided for in WAC 220-56-280.

(e) It shall be lawful to snag herring, smelt, anchovies, pilchard, sand lance, and squid when using ((~~baitfish~~)) forage fish jigger gear or squid jigs.

(f) It shall be lawful to shoot halibut when landing them with a dip net or gaff.

(12) It shall be unlawful to take or possess for any purpose any food fish or shellfish smaller than the lawful minimum size limits. Any such fish either snagged, hooked, netted or gilled must be immediately returned to the water with the least possible injury to the fish or shellfish and it shall be unlawful to allow undersized salmon entangled in commercial nets to pass through a power block or onto a power reel or drum.

(13) It shall be unlawful to possess aboard any vessel engaged in commercial fishing or having commercially caught fish aboard, any food fish or shellfish in such condition that its species, length, weight or sex cannot be determined if a species, length, weight, or sex limit is prescribed for said species and it is unlawful to possess food fish or shellfish mutilated in any manner such that the natural length or weight cannot be determined if a length or weight limit is prescribed for said species.

(14) It shall be unlawful in any area to use, operate or carry aboard a commercial fishing vessel a licensed net or combination of such nets, whether fished singly or separately, in excess of the maximum lawful size or length prescribed for a single net in that area, except as otherwise provided for in the rules and regulations of the department of fisheries.

(15) It shall be unlawful for any permit holder to fail to comply with all provisions of any special permit or letter of approval issued to him under the authority of the director of fisheries, or to perform any act not specifically authorized in said document or in the regulations of the director of fisheries.

(16) It shall be unlawful to use, place or cause to be placed in the waters or on the beaches or tidelands of the state any substance or chemical used for control of predators or pests affecting food fish or shellfish or other aquatic marine organisms, without first having obtained a special permit to do so from the director of fisheries.

(17) It shall be unlawful to test commercial fishing gear except as follows:

(a) Bellingham Bay - inside and northerly of a line from Governor's Point to the south tip of Eliza Island to Point Frances in waters 10 fathoms and deeper.

(b) Boundary Bay - north of a line from Birch Point to Point Roberts and south of the international boundary in waters 10 fathoms and deeper during times not under IPSFC control.

(d) Port Angeles - inside and westerly of a line projected from the east tip of Ediz Hook through buoy C "1" to the mainland.

(e) Port Gardner - within a 2 mile radius of the entrance to Everett breakwater in waters 10 fathoms and deeper.

(f) Central Puget Sound - between lines from Meadow Point to Point Monroe and Skiff Point to West Point in waters 50 fathoms and deeper.

(g) East Pass - between lines from Point Robinson true east to the mainland and from Dash Point to Point Piner in waters 50 fathoms and deeper.

(h) Port Townsend - westerly of a line from the Coast Guard station in Port Townsend to Walan Point to Kala Point in waters 10 fathoms and deeper.

(i) All tows or sets are limited to 20 minutes exclusive of setting and retrieving time.

(j) All testing is to be accomplished between 8:00 a.m. and 4:00 p.m.

(k) Codends of trawl nets must be left open, all hooks of set line gear must be unbaited, and no lures or baited hooks shall be used with jig or troll gear.

(l) Any and all incidentally caught fish and shellfish must be returned to the waters immediately, and no fish or shellfish are to be retained aboard the vessel at any time during a gear test operation.

(m) It shall be unlawful for any person conducting such gear testing operations to fail to notify the fisheries patrol office in Olympia prior to testing.

(18) It is unlawful for any person or corporation either licensed by the department of fisheries or bringing food fish or shellfish into the state to fail to comply with the directions of authorized department personnel related to the collection of sampling data or material from food fish or shellfish. It is also unlawful for any such person or corporation to fail to relinquish to the department, upon request, any part of a salmon or other food fish containing coded-wire tags, including but not limited to, the snouts of those salmon that are marked by having clipped adipose fins.

[Statutory Authority: RCW 75.08.080. 93-15-051, 220-20-010, filed 7/14/93, effective 8/14/93; 91-08-054 (Order 91-13), 220-20-010, filed 4/2/91, effective 5/3/91; 91-01-023, 220-20-010, filed 12/10/90, effective 1/10/91; 89-02-022 (Order 88-186), 220-20-010, filed 12/29/88; 88-10-013 (Order 88-15), 220-20-010, filed 4/26/88; 85-09-017 (Order 85-20), 220-20-010, filed 4/9/85; 85-08-023 (Order 85-24), 220-20-010, filed 4/1/85; 84-08-014 (Order 84-24), 220-20-010, filed 3/27/84; 82-15-040 (Order 82-83), 220-20-010, filed 7/15/82; 82-07-047 (Order 82-19), 220-20-010, filed 3/18/82; 81-02-053 (Order 81-3), 220-20-010, filed 1/7/81; 80-10-058 (Order 80-83), 220-20-010, filed 8/6/80; 80-07-017 (Order 80-45), 220-20-010, filed 6/11/80; 79-10-013 (Order 79-75), 220-20-010, filed 9/7/79; Order 77-14, 220-20-010, filed 4/15/77; Order 76-148, 220-20-010, filed 12/2/76; Order 1193, 220-20-010, filed 3/4/75; Order 1179, 220-20-010, filed 11/19/74; Order 1106, 220-20-010, filed 1/10/74; Order 1057, 220-20-010, filed 5/22/73; Order 945, 220-20-010, filed 8/16/71; Order 920, 220-20-010, filed 5/13/71; Order 817, 220-20-010, filed 5/29/69; Order 810, 220-20-010, filed 4/17/69; Order 771-A, 220-20-010, filed 3/29/68; Order 767, 1, filed 12/22/67; Order 758, 3, filed 10/16/67; Order 726, 2, 3, filed 4/24/67; Order 721, 1, filed 3/9/67; Subsections 1, 2 from Orders 405 and 256, filed 3/1/60; Subsection 3 from Order 677, filed 3/31/66; Subsection 16 from Order 525, filed 5/3/61; Orders 355 and 256, filed 3/1/60; Subsection 4 from Order 591, filed 10/28/63; Orders 479 and 256, filed 3/1/60; Subsection 5 from Orders 383 and 256, filed 3/1/60; Subsections 6, 26, 35 from Order 568, filed 3/26/63; Order 543, filed 3/20/62; Order 507, filed 4/13/60; Order 256, filed 3/1/60; Subsections 7-11, 13-15, 17, 18, 22 from Orders 355 and 256, filed 3/1/60; Subsection 12 from Orders 407 and 256, filed 3/1/60; Subsections 19, 27 from Orders 480 and 256, filed 3/1/60; Subsection 20 from Order 677, filed 3/31/66; Orders 483 and 256, filed 3/1/60; Subsection 23 from Order 677, filed 3/31/66; Order 605, filed 4/21/64; Order 568, filed 3/26/63; Order 543, filed 3/20/62; Order 507, filed 4/13/60; Order 256, filed 3/1/60; Subsection 24 from Order 605, filed 4/21/64; Orders 407 and 256, filed 3/1/60; Subsection 25 from Orders 449 and 256, filed 3/1/60; Subsections 28-33 from Orders 456 and 256, filed 3/1/60; Subsection 34 from Orders 486 and 256, filed 3/1/60; Subsection 36 from Order 591, filed 10/28/63; Subsections 37 and 38 from Order 677, filed 3/31/66; Subsection 39 from Order 672, filed 12/28/65.]

AMENDATORY SECTION (Amending Order 97-53, filed 3/19/97, effective 5/1/97 WAC 220-56-100 Definitions--Personal use. (1) "Daily limit" means the maximum number or pounds of food fish, shellfish or seaweed of the required size of a given species or aggregate of species which a person may legally retain in a single day.

(2) "Possession limit" means the number of daily limits allowed to be retained in the field or in transit.

"In the field or in transit" means any place other than at the ordinary residence of the harvester. An ordinary residence is a residential dwelling where a person normally lives, with associated features such as address, telephone number, utility account, etc. A motorhome or camper parked at a campsite or a vessel are not considered to be an ordinary residence.

(3) "Hook" means one single, double or treble hook. A "single hook" means a hook having a single point. A "double hook" means a hook having two points on a common shank. A "treble hook" means a hook having three points on a common shank. "Barbless hook" means a hook on which all barbs have been deleted when manufactured or filed off or pinched down.

(4) "Lure" means a manufactured article constructed of feathers, hair, fiber, wood, metal, glass, cork, leather, rubber, or plastic which does not use scent and/or flavoring to attract fish.

"Nonbuoyant lure" means a lure complete with hooks, swivels or other attachments, which does not float in freshwater.

"Bait" means any substance which attracts fish by scent and/or flavors. Bait includes any device made of feathers, hair, fiber, wood, metal, glass, cork, leather, rubber, or plastic which uses scent and/or flavoring to attract fish.

(5) The term "processed" as it applies in this chapter is defined as food fish or shellfish which have been processed by heat for human consumption as kippered, smoked, boiled or canned.

(6) The term "fresh " is defined as food fish or shellfish that are refrigerated, iced, salted or surface glazed.

(7) The term "frozen" is defined as fish or shellfish that are hard frozen throughout.

(8) "Hook and line" or "angling" shall be identical in meaning and, except as provided in WAC 220-56-115, shall be defined as the use of not more than one line with three hooks in the act of fishing for personal use and not for sale or barter, to be attached to a pole held in hand while landing fish, or the use of a hand-operated line without rod or reel, to which may be attached not more than three hooks. When fishing for bottomfish, "angling" and "jigging" shall be identical in meaning.

(9) "Snagging" means an effort to take fish with a hook and line in a manner that the fish does not take the hook or hooks voluntarily in its mouth.

"Gaffing" means an effort to take fish by impaling the fish with a hook attached directly to a pole or other device.

"Spearing" or "spear fishing" means an effort to take fish by impaling the fish on a shaft, arrow, or other device.

(10) The term "bow and arrow fishing" is defined as any method of taking, or attempting to take, food fish by the use of an arrow equipped with a barbed head and a line attached, and propelled by a bow, as in the sport of archery, while the fisher is above the surface of the water.

(11) The term "freshwater area" means, for purposes of this chapter:

(a) Within any freshwater river, lake, stream, or pond.

(b) On the bank or within 10 yards of any freshwater river, lake, stream, or pond.

(12) The term "Bonilla-Tatoosh Line" is defined as a line projected from the most westerly point on Cape Flattery to the lighthouse on Tatoosh Island to the buoy adjacent Duntz Rock then to Bonilla Point on Vancouver Island.

(13) The term "Buoy 10 Line" is defined as a true north-south line projected through Buoy 10 near the mouth of the Columbia River.

(14) The term "Buoy 10 Fishery" is defined as a fishery between the down stream side of the Megler-Astoria Bridge and the Buoy 10 Line.

(15) The term "Channel Marker 13 Line" is defined as a true north-south line through Grays Harbor Channel Marker 13.

(16) The term "selective fishery" means terminal gear is limited to artificial flies with a barbless single hook or lures with a barbless single hook, bait is prohibited, and fishing from a floating device equipped with a motor is prohibited unless otherwise provided. In waters under selective fishery rules, fish may be released until the daily limit is retained.

[Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-100, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), 220-56-100, filed 5/13/96, effective 6/13/96; 95-04-066 (Order 95-10), 220-56-100,; 94-14-069, 220-56-100, filed 7/1/94, effective 8/1/94; 91-08-054 (Order 91-13), 220-56-100, filed 4/2/91, effective 5/3/91; 86-09-020 (Order 86-08), 220-56-100, filed 4/9/86; 85-09-017 (Order 85-20), 220-56-100, filed 4/9/85; 82-13-040 (Order 82-61), 220-56-100, filed 6/9/82; 80-03-064 (Order 80-12), 220-56-100, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 95-10, filed 1/30/95, effective 5/1/95 WAC 220-56-115 Angling--Lawful and unlawful acts. (1) It is unlawful for any person to use more than one line with three hooks while angling for food fish for personal use except:

(a) It is unlawful to use more than two hooks while fishing for bottomfish or halibut.

(b) It is lawful to use ((~~baitfish~~)) forage fish jigger gear as provided for in WAC 220-56-265 and squid jig gear as provided for in WAC 220-56-390.

(c) A second line using ((~~baitfish~~)) forage fish jigger gear is lawful while fishing in Catch Record Card Areas 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12, and 13.

(2) It shall be unlawful for any person to take, fish for or possess food fish taken for personal use by any means other than angling with a line attached to a pole held in hand while landing the fish or with a hand-operated line without rod or reel except as follows:

(a) It is lawful to leave the pole in a pole holder while playing or landing the fish if the pole is capable of being readily removed from the pole holder.

(b) It is lawful to use an electric power-operated reel designed for sport fishing attached to a pole.

(c) It is lawful to fish for or possess salmon taken for personal use with hand lines (lines not attached to a handheld pole) except use of hand lines is unlawful in those waters west of the mouth of the Sekiu River, the Pacific Ocean, Washington waters at the mouth of the Columbia River west of a line projected true north and south through Buoy 10, Grays Harbor, and Willapa Bay.

(3) It shall be unlawful for any person while angling for food fish to fail to keep his angling gear under his direct and immediate physical control.

[Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-56-115, filed 1/30/95, effective 5/1/95; 91-08-054 (Order 91-13), 220-56-115, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-115, filed 2/28/90, effective 3/31/90; 88-10-013 (Order 88-15), 220-56-115, filed 4/26/88; 87-09-066 (Order 87-16), 220-56-115, filed 4/21/87; 85-09-017 (Order 85-20), 220-56-115, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-115, filed 4/11/84; 82-13-040 (Order 82-61), 220-56-115, filed 6/9/82; 82-07-047 (Order 82-19), 220-56-115, filed 3/18/82; 80-12-040 (Order 80-107), 220-56-115, filed 8/29/80; 80-03-064 (Order 80-12), 220-56-115, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 95-10, filed 1/30/95, effective 5/1/95 WAC 220-56-116 ((~~Salmon~~)) Angling--Barbless hooks. It is unlawful to use barbed hooks while angling for ((~~salmon~~)) food fish in all marine waters ((~~of Puget Sound, the Pacific Ocean, Grays Harbor, Willapa Bay, and waters at the mouth of the Columbia River westerly of a line drawn true north-south through Buoy 10~~)) and all rivers, streams or beaver ponds, except it is lawful to use barbed hooks with forage fish jigger gear.

[Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-56-116, filed 1/30/95, effective 5/1/95; 92-11-012 (Order 92-19), 220-56-116, filed 5/12/92, effective 6/12/92; 89-10-032 (Order 89-26), 220-56-116, filed 4/27/89; 88-10-012 (O 88-14), 220-56-116, filed 4/26/88; 85-09-017 (Order 85-20), 220-56-116, filed 4/9/85; 83-07-043 (Order 83-16), 220-56-116, filed 3/17/83; 82-13-040 (Order 82-61), 220-56-116, filed 6/9/82.]

AMENDATORY SECTION (Amending Order 83-16, filed 3/17/83)

WAC 220-56-145 Possession of food fish or shellfish in unlawful condition. (1) It is unlawful to possess in the field for any purpose any salmon in such a condition:

(a) That its size or species cannot be determined.

(b) That its weight or sex cannot be determined if a weight or sex restriction is prescribed for said salmon.

(2) It is unlawful to possess in the field for any purpose any food fish other than salmon in such a condition that its size, weight, or sex cannot be determined, if a size, weight, or sex restriction is prescribed for said food fish except that it is lawful to possess bottom fish other than lingcod in fileted form if a one square inch of skin with scales attached remains on each fillet. For purposes of calculating the daily limit, two fillets equals one fish.

(3) It is unlawful to possess in the field for any purpose any shellfish in such a condition that its size, weight, or sex cannot be determined, if a size, weight, or sex restriction is prescribed for said shellfish.

[Statutory Authority: RCW 75.08.080. 83-07-043 (Order 83-16), 220-56-145, filed 3/17/83; 82-13-040 (Order 82-61), 220-56-145, filed 6/9/82; 80-03-064 (Order 80-12), 220-56-145, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 97-53, filed 3/25/97, effective 5/1/97 WAC 220-56-240 Daily limits sturgeon, smelt, herring and other food fish not otherwise provided for. It is unlawful for any person to retain in any day more than the following quantities and sizes of food fish taken for personal use. Unless otherwise provided, other food fish fishing is open the entire year:

(1) Sturgeon:

(a) Unlawful to fish from a floating device May 1 through June 30 downstream from the boating deadline below Bonneville Dam to markers on the Oregon and Washington shores of the Columbia River at Beacon Rock.

(b) 1 fish with the following size restrictions in all other state waters:

(i) Minimum size is 42 inches in length except minimum size 48 inches in length in waters of the Columbia River and tributaries upstream from Dalles Dam; and

(ii) Maximum size is 60 inches in length.

(d) There is an annual personal use limit of 10 sturgeon.

(2) ((~~Smelt: 20~~)) Forage fish: 10 pounds in the aggregate. The possession limit is one daily limit in fresh form. Additional ((~~smelt~~)) forage fish may be possessed in frozen or processed form.

(3) ((~~Herring: 20 pounds. The possession limit is one daily limit in fresh form. Additional herring may be possessed in a frozen or processed form.~~

~~(4)~~)) All other food fish not otherwise provided for in this chapter: No limit.

[Statutory Authority: RCW 75.08.080. 97-08-017 (Order 97-53), 220-56-240, filed 3/25/97, effective 5/1/97; 96-05-004 (Order 96-13), 220-56-240, filed 2/9/96, effective 5/1/96; 95-04-066 (Order 95-10), 220-56-240, f94-14-069, 220-56-240, filed 7/1/94, effective 8/1/94; 93-22-004 (Order 93-125), 220-56-240, filed 10/20/93, effective 1/1/94; 93-08-034 (Order 93-20), 220-56-240, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-240, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-240, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-240, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-240, filed 3/16/89; 88-10-012 (Order 88-14), 220-56-240, filed 4/26/88; 86-09-020 (Order 86-08), 220-56-240, filed 4/9/86; 85-09-017 (Order 85-20), 220-56-240, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-240, filed 4/11/84; 80-03-064 (Order 80-12), 220-56-240, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 97-53, filed 3/19/97, effective 5/1/97 WAC 220-56-255 Halibut--Season. It is unlawful to fish for or possess halibut taken for personal use except from:

(1) Catch Record Card Area 1: Open May 1 through September 30, unless closed earlier by emergency regulation. Minimum size limit 32 inches in length.

(2) Catch Record Card Area 2 - Open May ((1)) 3 through September 30, unless closed earlier by emergency regulation. Closed to fishing for halibut 12:01 a.m. of each Friday through 11:59 p.m. of each Saturday. If May 1 occurs on a closed day, the season opens on the first Sunday following. The following waters are closed to halibut fishing: West of 12440'W, north of 4710'N and south of 4731'42"N (Queets River).

(3) Catch Record Card Area 3 and those waters of Catch Record Card Area 4 west of the Bonilla-Tatoosh line: ((~~12:01 a.m. Tuesday through 11:59 p.m. Saturday,~~)) Open May 1 to June 30, unless closed earlier by emergency regulation, and ((~~open~~)) July 1 through September 30 unless closed by emergency regulation((~~, except that~~)). Closed to fishing for halibut 12:01 a.m. of each Sunday through 11:59 p.m. of each Monday. If May 1 occurs on a closed day, the season opens on the first Tuesday following. The following area southwest of Cape Flattery is closed to halibut fishing at all times:

Those waters within a line from 4818'N, 12511'W to 4818'N, 12459'W to 4804'N, 12511'W to 4804'N, 12459'W to the point of origin.

(4) Catch Record Card Area 4 east of the Bonilla-Tatoosh line and Catch Record Card Areas 5 through 13: May 22 through August 10 - Open 12:01 a.m. Thursday through 11:59 p.m. Monday of each week during the open period (closed Tuesdays and Wednesdays).

[Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-255, filed 3/19/97, effective 5/1/97; 95-12-027 (Order 95-46), 220-56-255, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-255, filed 7/1/94, effective 8/1/94; 93-15-011, 220-56-255, filed 7/8/93, effective 8/8/93; 93-08-034 (Order 93-20), 220-56-255, filed 3/31/93, effective 5/1/93; 89-07-060 (Order 89-12), 220-56-255, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-255, filed 4/26/88; 85-10-062 (Order 85-39), 220-56-255, filed 5/1/85; 80-03-064 (Order 80-12), 220-56-255, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-071.]

AMENDATORY SECTION (Amending Order 95-10, filed 1/30/95, effective 5/1/95 WAC 220-56-265 ((~~Baitfish~~)) Forage fish--Lawful gear. It shall be ((~~lawful~~)) unlawful to take, fish for and possess herring, candlefish, pilchards, anchovies and smelt taken for personal use except with smelt rake, hand dip net gear not exceeding 36 inches across the bag frame and ((~~baitfish~~)) forage fish jigger gear having not more than three treble or nine single hooks. ((~~Baitfish~~)) Only persons with a disability license may use a hand-operated gate on a dip net while fishing for forage fish. Forage fish jigger gear hooks may not have a gap between the shank and the point exceeding 3/8 inch.

[Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-56-265, filed 1/30/95, effective 5/1/95; 88-10-013 (Order 88-15), 220-56-265, filed 4/26/88; 80-03-064 (Order 80-12), 220-56-265, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 93-20, filed 3/31/93, effective 5/1/93 WAC 220-56-270 Smelt--Areas and seasons. (1) Smelt fishing is permitted the entire year on Pacific Ocean beaches and in all rivers.

(2) ((~~Except as provided in subsection (3) of this section,~~)) Smelt fishing is open in Puget Sound and the Strait of Juan de Fuca the entire year except they are closed weekly from 8:00 a.m. Wednesday to 8:00 a.m. Friday for all types of gear except jigger gear.

(((3) That portion of Catch Record Card Area 7 south of a line projected true east from the south tip of the Cap Sante Peninsula and north of the Burlington Northern Railroad Bridge at the north end of Swinomish Slough is closed to the taking of smelt for personal use from October 16 through April 15.))

[Statutory Authority: RCW 75.08.080. 93-08-034 (Order 93-20), 220-56-270, filed 3/31/93, effective 5/1/93; 80-03-064 (Order 80-12), 220-56-270, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-070.]

AMENDATORY SECTION (Amending Order 80-12, filed 2/27/80, effective 4/1/80 WAC 220-56-275 Smelt--Unlawful acts. It shall be unlawful for any person taking smelt for personal use to fail to retain ((~~the first 20 pounds of~~)) all smelt caught up to the daily limit.

[Statutory Authority: RCW 75.08.080. 80-03-064 (Order 80-12), 220-56-275, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-070.]

AMENDATORY SECTION (Amending Order 82-19, filed 3/18/82)

WAC 220-56-290 Sturgeon angling hours. It is unlawful to take, fish for or possess sturgeon for personal use ((~~in all freshwater areas, except the Chehalis River,~~)) from one hour after official sunset to one hour before official sunrise.

[Statutory Authority: RCW 75.08.080. 82-07-047 (Order 82-19), 220-56-290, filed 3/18/82; 80-03-064 (Order 80-12), 220-56-290, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 89-12, filed 3/16/89)

WAC 220-56-295 Sturgeon--Unlawful acts. (1) It is unlawful to possess in the field or transport for personal use any sturgeon from which either the head or tail or both have been removed or to possess sturgeon eggs without having retained the carcass of the fish from which the eggs have been removed.

(2) It is unlawful to use a ((~~gaff or other~~)) fish landing aid that penetrates the fish while restraining, handling or landing any sturgeon.

(3) It is unlawful to fail to immediately return to the water any sturgeon that is not of legal size.

[Statutory Authority: RCW 75.08.080. 89-07-060 (Order 89-12), 220-56-295, filed 3/16/89; 87-09-066 (Order 87-16), 220-56-295, filed 4/21/87; 86-09-020 (Order 86-08), 220-56-295, filed 4/9/86; 84-09-026 (Order 84-22), 220-56-295, filed 4/11/84; 81-05-027 (Order 81-13), 220-56-295, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-295, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-072.]

AMENDATORY SECTION (Amending Order 97-53, filed 3/19/97, effective 5/1/97 WAC 220-56-310 Shellfish--Daily limits. It is unlawful for any one person to take in any one day for personal use more than the following quantities and sizes of shellfish:

(1) Cockles, borers and clams in the shell, other than razor clams, geoduck clams and horse clams, 40 clams in the aggregate, or 10 pounds, whichever is achieved first except:

(a) In Skagit Bay, east of a line projected from Browns Point to Swinomish Slough entrance - diggers may additionally retain up to 20 pounds of eastern softshell clams in the shell.

(b) Willapa Bay - diggers may additionally retain up to twenty-four cockles.

(2) Razor clams: 15 clams.

(3) Geoduck clams: 3 clams.

(4) Horse clams: 7 clams.

(5) Oysters: ((~~18 oysters.~~))

(a) In all waters except those contiguous waters south of a line from Tala Point to Foulweather Bluff, 18 oysters in the shell, minimum size 2 1/2 inches across the longest dimension of the shell.

(b) In the contiguous waters south of a line from Tala Point to Foulweather Bluff, 18 oysters, shucked and the shells left on the beach.

(6) Rock scallops: 12 scallops.

(7) Sea scallops: 12 scallops (over 4 inches).

(8) Common or pink scallops: 10 pounds or 5 quarts in the shell.

(9) Shrimp:

(a) In all waters except Shrimp District 5 - total weight 10 pounds, ((~~whole in the shell~~)) fishers must retain the heads of all shrimp taken while in the field. Spot shrimp minimum size one and three-sixteenths inch carapace.

(b) In Shrimp District 5 (Hood Canal) - total weight 7 pounds, ((~~whole in the shell~~)) fishers must retain the heads of all shrimp taken while in the field.

(10) Octopus: 2 octopus.

(11) Pinto abalone: Closed state-wide.

(12) Crawfish: 10 pounds in the shell. Minimum size 3 1/4 inches from tip of rostrum to tip of tail. Female crawfish with eggs or young attached to the abdomen must be released immediately.

(13) Squid: 10 pounds or 5 quarts.

(14) Sea cucumbers: 25 sea cucumbers.

(15) Red sea urchins: 18 sea urchins.

(16) Purple sea urchins: 18 sea urchins.

(17) Green sea urchins: 36 sea urchins.

(18) Dungeness crabs: ((~~6 male crabs.~~))

(a) In all waters except the Columbia River east of the Buoy 10 line - 6 male crabs.

(b) In the Columbia River east of the Buoy 10 line - 12 male crabs.

(19) Red rock crabs: 6 crabs.

(20) Blue mussels and sea mussels: 10 pounds in the shell.

(21) Goose barnacles: 10 pounds of whole barnacles or 5 pounds of barnacle stalks.

(22) Ghost and mud shrimp: 10 dozen.

(23) King and box crab: Closed state-wide.

[Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-310, filed 3/19/97, effective 5/1/97; 95-04-066 (Order 95-10), 220-56-310, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), 220-56-310, 92-11-012 (Order 92-19), 220-56-310, filed 5/12/92, effective 6/12/92; 90-06-026, 220-56-310, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-310, filed 3/16/89; 88-12-025 (Order 88-28), 220-56-310, filed 5/25/88, effective 8/22/88; 88-10-013 (Order 88-15), 220-56-310, filed 4/26/88; 87-09-066 (Order 87-16), 220-56-310, filed 4/21/87; 86-24-046 (Order 86-190), 220-56-310, filed 11/26/86; 86-09-020 (Order 86-08), 220-56-310, filed 4/9/86; 85-12-046 (Order 85-57), 220-56-310, filed 6/5/85; 84-09-026 (Order 84-22), 220-56-310, filed 4/11/84; 83-04-027 (Order 83-06), 220-56-310, filed 1/27/83; 82-07-047 (Order 82-19), 220-56-310, filed 3/18/82; 80-03-064 (Order 80-12), 220-56-310, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending WSR 94-14-069, filed 7/1/94, effective 8/1/94)

WAC 220-56-315 Crabs, shrimp, crawfish--Unlawful acts. (1) It is unlawful to take and possess crabs, shrimp, and crawfish taken for personal use except by hand or with hand dip nets, ring nets, shellfish pots, and any hand-operated instrument that will not penetrate the shell.

(2) It is unlawful to use more than two units of gear at any one time except:

(a) In Puget Sound waters other than Shrimp District 5 it is unlawful to use at any one time more than two units of gear for the purpose of taking crabs and two additional units of gear for the purpose of taking shrimp.

(b) In Shrimp District 5 (Hood Canal) it is unlawful to use more than one shrimp pot and ((~~one~~)) a total of two star traps or ring nets during the Hood Canal shrimp season.

(3) It is unlawful for any person to operate a shellfish pot not attached to a buoy bearing that person's name, except that a second person may assist the pot owner in operation of the gear.

(4) It is unlawful to salvage or attempt to salvage shellfish pot gear from Hood Canal that has been lost without first obtaining a permit authorizing such activity issued by the director, and it is unlawful to fail to comply with all provisions of such permit.

(5) It is unlawful to fish for or possess crab taken for personal use from the waters of Fidalgo Bay within 25 yards of the Burlington Northern Railroad trestle connecting March Point and Anacortes.

(6) It is unlawful to fish for or possess crab taken for personal use with shellfish pot or ring net gear from the waters of Padilla Bay or Swinomish Slough within 25 yards of the Burlington Northern Railroad crossing the northern end of Swinomish Slough except from one hour before official sunrise to one hour after official sunset.

(7) It is unlawful to dig for or possess ghost or mud shrimp taken for personal use by any method except hand operated suction devices or dug by hand.

(8) One unit of gear is equivalent to one ring net or one shellfish pot.

(9) ((~~In Catch Record Card Areas 5 through 13 (Puget Sound east of the Sekiu River)~~)) Each unit of gear must be attached to its own buoy line and have a separate buoy for each unit of gear.

[Statutory Authority: RCW 75.08.080. 94-14-069, 220-56-315, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-315, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-315, filed 5/12/92, effective 6/12/92; 89-07-060 (Order 89-12), 220-56-315, filed 3/16/89; 81-05-027 (Order 81-13), 220-56-315, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-315, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 97-53, filed 3/19/97, effective 5/1/97 WAC 220-56-320 Shellfish gear--Unlawful acts. (1) It is unlawful for the owner or operator of any personal use shellfish gear to leave such gear unattended in the waters of the state unless said gear is marked with a buoy to which shall be affixed in a permanent visible and legible manner the first and last name and permanent mailing address of the operator((~~, and in the case of Hood Canal shrimp gear, the name and address must appear exactly as it occurs on the recreational license form~~)). It is unlawful for more than one person's name and address to appear on the same marker buoy. Unattended shellfish gear ((~~left in the waters of Puget Sound~~)) must have the line attaching the buoy to the pot weighted sufficiently to prevent the line from floating on the water's surface. The following additional requirements apply to buoys attached to unattended shellfish pots ((~~in Puget Sound waters~~)):

(a) All buoys must consist of durable material and remain floating on the water's surface when at least 5 pounds of weight are attached. It is unlawful to use bleach, antifreeze or detergent bottles, paint cans or any other container.

(b) All buoys attached to shrimp gear must be yellow or fluorescent yellow in color. Flags and staff, if attached, may be any color.

(c) All buoys attached to crab gear must be half red or half fluorescent red in color and half white in color. Flags and staff, if attached, may be any color.

((~~(d) The number of pots attached to each buoy must be marked on the buoy in a manner that is visible and legible at all times.~~))

(2) The maximum perimeter of any shrimp pot shall not exceed 10 feet, and the pot shall not exceed 1-1/2 feet in height.

(3) It is unlawful to fish for or possess crab taken with shellfish pot gear that are equipped with tunnel triggers or other devices which prevent free exit of crabs under the legal limit unless such gear is equipped with not less than ((~~one escape ring not less than 4-1/8 inches inside diameter located in the upper half of the crab pot.~~

~~Effective January 1, 1996, it is unlawful to fish for crab with shellfish pot gear unless such gear has~~)) two escape rings located in the upper half of the pot((:

~~(a)~~)) which are not less than 4-1/4 inches inside diameter ((~~if used in Puget Sound outside Hood Canal; or~~

~~(b) Not less than 4-1/8 inches inside diameter if used in Hood Canal, the Columbia River, Grays Harbor, Willapa Bay, or the Pacific Ocean~~)).

(4) It is unlawful to take, fish for or possess shrimp taken for personal use with shellfish pot gear in the waters of Hood Canal southerly of the site of the Hood Canal Floating Bridge unless such gear meets the following requirements:

(a) The entire top, bottom, and sides of the shellfish pots must be constructed of mesh material and except for the entrance tunnels have the minimum mesh opening size defined below.

(b) The minimum mesh opening size for Hood Canal shrimp pots is defined as a mesh that a 7/8-inch square peg will pass through each mesh without changing the shape of the mesh opening.

(d) The sum of the maximum widths of all entrance tunnels must not exceed 1/2 the perimeter of the bottom of the pot.

(5) It is unlawful to fish for or possess shellfish taken for personal use with shellfish pot gear unless the gear allows for escapement using at least one of the following methods:

(a) Attachment of pot lid hooks or tiedown straps with a single strand or loop of untreated, 100 percent cotton twine no larger than thread size 120 so that the pot lid will open freely if the twine or fiber is broken.

(b) An opening in the pot mesh no less than three inches by five inches which is laced or sewn closed with untreated, 100 percent cotton twine no larger than thread size 120. The opening must be located within the top half of the pot and be unimpeded by the entry tunnels, bait boxes, or any other structures or materials.

(c) Attachment of pot lid or one pot side serving as a pot lid with no more than three single loops of untreated 100 percent cotton or other natural fiber twine no larger than thread size 120 so that the pot lid or side will open freely if the twine or fiber is broken.

(6) Shellfish pots must be set in a manner that they are covered by water at all times.

(((7) Effective January 1, 1998, in the areas listed below, it is unlawful to take, fish for or possess shrimp taken for personal use with shellfish pot gear unless such gear meets the following requirements:

~~(a) The entire top, bottom, and sides of each shellfish pot must be constructed of mesh material and except for the entrance tunnels have the minimum mesh opening size defined below.~~

~~(b) The minimum mesh opening size for shrimp pots is defined as a mesh that a 7/8-inch square peg will pass through each mesh without changing the shape of the mesh opening.~~

~~(c) All entrance tunnels must open into the pot from the side.~~

~~(d) The sum of the maximum widths of all entrance tunnels must not exceed 1/2 the perimeter length of the bottom of the pot.~~

(i) Marine Area 7 - north of a line from Cattle Point to San Juan Island true east to Lopez Island, east of a line from Limestone Point on San Juan Island to Sandy Point on Waldron Island, south of a line from Point Hammond on Waldron Island to Point Doughty on Orcas Island, and west of a line from Foster Point on Orcas Island to Upright Head on Lopez Island.

~~(ii) Marine Area 8-1.~~

~~(iii) Marine Area 8-2.~~

~~(iv) Marine Area 9 - south of a line from Double Bluff to Foulweather Bluff.~~

~~(v) Marine Area 10.~~))

[Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-320, filed 3/19/97, effective 5/1/97; 94-14-069, 220-56-320, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-320, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-320, filed 5/12/92, effective 6/12/92; 90-06-026, 220-56-320, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-320, filed 3/16/89; 88-12-025 (Order 88-28), 220-56-320, filed 5/25/88, effective 8/22/88; 87-09-066 (Order 87-16), 220-56-320, filed 4/21/87; 85-09-017 (Order 85-20), 220-56-320, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-320, filed 4/11/84; 82-07-047 (Order 82-19), 220-56-320, filed 3/18/82; 81-05-027 (Order 81-13), 220-56-320, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-320, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-088.]

AMENDATORY SECTION (Amending Order 97-53, filed 3/19/97, effective 5/1/97 WAC 220-56-325 Shrimp--Areas and seasons. (1) The following areas shall be defined as personal use shrimp fishing Districts 1 through 6:

(a) Shrimp District 1 - All waters south of a line from McCurdy Point on the Quimper Peninsula to the northern tip of Protection Island, to Rocky Point on the Miller Peninsula, and including all waters of Discovery Bay;

(b) Shrimp District 2 - All waters of Griffin Bay south of a line projected east-west through Turn Rock Light from San Juan Island to Lopez Island, and north of a line projected east from Cattle Point on San Juan Island to Lopez Island;

(c) Shrimp District 3 - All waters of Port Angeles Harbor west of a line from the eastern tip of Ediz Hook to the ITT-Rayonier dock;

(d) Shrimp District 4 - All waters of Sequim Bay south of a line projected west from Travis Spit on the Miller Peninsula;

(e) Shrimp District 5 - All waters of Hood Canal south of the Hood Canal Floating Bridge;

(f) Shrimp District 6 - All waters of Carr Inlet north of a line from Penrose Point to Green Point.

(2) It shall be unlawful to fish for or possess shrimp taken for personal use from the following areas, except as provided in this subsection:

(a) District 1 - ((~~Second~~)) Last Saturday in May through July 15;

(b) District 2 - Second Saturday in May through September 15;

(d) District 4 - Closed to all shrimp fishing;

(e) District 5 - 9:00 a.m. on the third Saturday in May until closed by emergency regulation;

(f) District 6 - Closed to all shrimp fishing;

(g) All other areas - The second Saturday in April through October 15.

(((3) It is unlawful to possess spot shrimp taken for personal use from Catch Record Card Area 6 that are less than 6 inches in length and it is unlawful to land spot shrimp that are less than 6 inches in length in any port in Catch Record Card Area 6. The length of spot shrimp is measured from the tip of the rostrum to the tip of the tail.))

[Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-325, filed 3/19/97, effective 5/1/97; 96-05-004 (Order 96-13), 220-56-325, filed 2/9/96, effective 5/1/96; 93-08-034 (Order 93-20), 220-56-325, f89-07-060 (Order 89-12), 220-56-325, filed 3/16/89; 86-09-020 (Order 86-08), 220-56-325, filed 4/9/86; 84-09-026 (Order 84-22), 220-56-325, filed 4/11/84; 80-03-064 (Order 80-12), 220-56-325, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-084.]

AMENDATORY SECTION (Amending Order 97-53, filed 3/19/97, effective 5/1/97 WAC 220-56-330 Crab--Areas and seasons. (1) It is unlawful to fish for or possess crab taken for personal use with shellfish pot gear or to have in the water, set or fish any shellfish pot gear except during the open shellfish pot gear season. The open shellfish pot gear season for crab in Puget Sound waters may open by emergency regulation prior to July 16, but if not previously opened by emergency regulation will open July 16 through April 15.

The open shellfish pot gear season in waters of the Pacific Ocean, Grays Harbor, Willapa Harbor, and waters of the Columbia River is December 1 through September 15.

(2) ((~~Except as provided in subsection (1) of this section and except when waters of Hood Canal are open to recreational shrimp fishing,~~)) It is lawful to fish for and possess male Dungeness crabs taken for personal use the entire year in state waters.

(3) ((~~Except as provided in subsection (1) of this section and except when waters of Hood Canal are open to recreational shrimp fishing,~~)) It is lawful to fish for and possess red rock crabs of either sex taken for personal use the entire year in state waters.

(4) ((~~On days that Hood Canal is open to recreational shrimp fishing, it is unlawful to fish for or possess crab taken with shellfish pot gear. Ring net gear may be used during daylight hours.~~

~~(5)~~)) No crab fisher may set or pull crab pots, ring nets or star traps in the waters of Hood Canal between one hour after official sunset and one hour before official sunrise.

[Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-330, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), 220-56-330, filed 5/13/96, effective 6/13/96; 93-08-034 (Order 93-20), 220-56-330,; 90-06-026, 220-56-330, filed 2/28/90, effective 3/31/90; 86-09-020 (Order 86-08), 220-56-330, filed 4/9/86; 85-09-017 (Order 85-20), 220-56-330, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-330, filed 4/11/84; 80-03-064 (Order 80-12), 220-56-330, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]

AMENDATORY SECTION (Amending Order 95-10, filed 1/30/95, effective 5/1/95 WAC 220-56-335 Crab--Unlawful acts. (1) It is unlawful for any person to take or possess for personal use any female Dungeness crabs.

(2) It is unlawful to take or possess any male Dungeness crabs taken for personal use which measure less than the following sizes:

(a) In Puget Sound (all contiguous waters east of the Bonilla-Tatoosh Line) except those waters of Hood Canal south of the Hood Canal Floating Bridge - 6 1/4 inch minimum size.

(b) In those waters of Hood Canal south of the Hood Canal Floating Bridge - 6 inch minimum size.

(c) In coastal waters west of the Bonilla-Tatoosh Line, Pacific Ocean waters, Grays Harbor, Willapa Bay ((~~and the Columbia River - 6 inch minimum size~~)).

(d) In the Columbia River east of the Buoy 10 line - 5 3/4 inch minimum size.

(3) It is unlawful to take or possess any red rock crabs taken for personal use that measure less than five inches.

(4) All measurement shall be made at the widest part of the shell (caliper measurement) immediately in front of the points (tips).

(5) It is unlawful to possess in the field any crab or parts thereof without retaining the back shell.

[Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-56-335, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), 220-56-335, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-335, filed 5/12/92, effective 6/1; 88-10-013 (Order 88-15), 220-56-335, filed 4/26/88; 86-09-020 (Order 86-08), 220-56-335, filed 4/9/86; 85-07-023 (Order 85-18), 220-56-335, filed 3/13/85; 80-03-064 (Order 80-12), 220-56-335, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 97-53, filed 3/19/97, effective 5/1/97 WAC 220-56-350 Clams other than razor clams, cockles, borers, mussels--Areas and seasons. (1) It is lawful to take, dig for and possess clams, cockles, borers and mussels taken for personal use on Puget Sound the entire year except that public tidelands at the following beaches are closed unless otherwise provided:

(a) Ben Ure Spit: Open ((~~January~~)) February 1 through April 15.

(b) Cama Beach State Park: Closed the entire year.

(d) Cutts Island State Park: Open January 1 through June 15.

(e) Dabob Bay - All state-owned tidelands in Dabob Bay north of a line drawn from Camp Harmony to Lindsays Beach are closed to the harvest of clams the entire year except as follows: State-owned tidelands from a row of tires at Camp Discovery south approximately 2,000 feet to a second row of tires, and state-owned tidelands beginning approximately 3/4 mile north of Camp Harmony extending approximately 1,200 feet north.

(f) Dosewallips State Park: Open entire year only in area defined by boundary markers and signs posted on the beach.

(g) Duckabush - All state-owned tidelands on the west shore of Hood Canal from Quatsap Point to the south end of the Duckabush flats are closed to the harvest of clams.

(h) Dungeness Spit - Open May 15 through September 30.

(i) Eagle Creek: Open April 1 through April 30.

(j) Fort Flagler State Park: Open April 1 through June 15.

(k) Frye Cove - Open January 1 through July 31.

(l) Garrison Bay: Tidelands at Guss Island and those tidelands at British camp between the National Park Service dinghy dock at the north end and the park boundary at the south end are closed the entire year.

(m) Gertrude Island - All tidelands at Gertrude Island closed the entire year.

(n) Hoodsport: Tidelands at Hoodsport Salmon Hatchery are closed the entire year.

(o) Hope Island State Park (South Puget Sound): Open April 1 through June 15.

(p) Kayak Point County Park: Closed the entire year.

(q) Kitsap Memorial State Park: Closed the entire year.

(r) Kopachuck State Park: Closed the entire year.

(s) Liberty Bay - All state-owned tidelands in Liberty Bay north and west of the Keyport Naval Supply Center are closed to the harvest of clams the entire year.

(t) McNeil Island - All tidelands on McNeil Island are closed the entire year.

(u) Mukilteo State Park - Closed the entire year.

(v) Mystery Bay State Park: Open April 1 through April 30.

(w) North Bay - All state-owned tidelands in North Bay (Case Inlet) north of a line drawn southwest from Rocky Point to the north end of Reach Island thence due west to the mainland are closed to the harvest of clams the entire year except state-owned Oyster Reserves on the east side of North Bay north of the power transmission lines.

(x) North Sequim Bay State Park - Open April 1 through June 15.

(y) Oak Bay County Park: Open January 1 through May 15.

(z) Oyster Reserves: Puget Sound and Willapa Bay state oyster reserves are closed the entire year except the following are open the entire year:

(i) Case Inlet: Tidelands on the east side of North Bay at the north end of the inlet.

(ii) North Bay: State-owned oyster reserves on the east side of North Bay north of the power transmission lines which cross the bay at the north end of Case Inlet.

(iii) Oakland Bay: Tidelands on the channel of the northwest shore of the Bayshore Peninsula between department markers.

(iv) Willapa Bay - Long Island oyster reserve: Northwest side of Long Island between reserve monuments 39 and 41 and southwest side of Long Island between reserve monuments 58 and 59.

(aa) Penrose Point State Park: Open May 1 through June 15.

(bb) Picnic Point County Park: Closed the entire year.

(cc) Pitt Island - All tidelands on Pitt Island are closed the entire year.

(dd) Point Whitney (excluding Point Whitney Lagoon): Closed the entire year.

(ee) Point Whitney Lagoon: Open June 1 through July 31.

(ff) Port Townsend Ship Canal: Open April 1 through May 15.

(gg) Purdy Spit County Park: The southern shore of the spit from the boat ramp to the bridge is closed the entire year.

(hh) Quilcene Bay - All state-owned tidelands in Quilcene Bay north of a line drawn from the Quilcene Boat Haven to Fisherman's Point are closed to the harvest of clams the entire year, except those tidelands on the west side of the bay defined by boundary markers and a sign on the beach are open April 1 through June 30, daily from official sunrise to official sunset only.

(ii) Rendsland Creek: Open January 1 through April 15.

(jj) Saltwater State Park: Closed the entire year.

(kk) Samish Island Recreation Area - Open January 1 through June 15.

(ll) Scenic Beach State Park - Open April 16 through June 15.

(mm) Sequim Bay State Park - Open April 1 through June 15.

(nn) Spencer Spit State Park: Open April 1 through June 30.

(oo) Strait of Juan de Fuca: All beaches west of the tip of Dungeness Spit: Open November 1 through March 31.

(pp) Triton Cove State Park: Open April 1 through June 30.

(qq) Twanoh State Park: Closed the entire year.

(rr) Useless Bay Tidelands State Park: Open April 1 through July 31.

(ss) West Dewatto: DNR Beach 44A is open January 1 through May 15.

(tt) Willapa Bay: State-owned tidelands east of the department Willapa Bay Field Station and Nahcotta Tidelands Interpretive Site are closed year-round.

(uu) Winas-Maylor Point East: Open January 1 through April 15.

(vv) Wolfe Property State Park: Open April 1 through May 31.

(2) It is lawful to take, dig for and possess clams, cockles, borers, and mussels, not including razor clams, taken for personal use in Grays Harbor and Willapa Harbor the entire year, except from state oyster reserves, which are closed to clam digging the entire year.

(3) It is lawful to take, dig for and possess clams, cockles, borers, and mussels, not including razor clams taken for personal use from the Pacific Ocean beaches from November 1 through March 31.

[Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-350, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), 220-56-350, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), 220-56-350,; 94-14-069, 220-56-350, filed 7/1/94, effective 8/1/94; 93-15-011, 220-56-350, filed 7/8/93, effective 8/8/93; 93-08-034 (Order 93-20), 220-56-350, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-350, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-350, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-350, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-350, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-350, filed 4/26/88; 87-09-066 (Order 87-16), 220-56-350, filed 4/21/87; 86-09-020 (Order 86-08), 220-56-350, filed 4/9/86; 85-12-046 (Order 85-57), 220-56-350, filed 6/5/85; 83-07-043 (Order 83-16), 220-56-350, filed 3/17/83; 81-05-027 (Order 81-13), 220-56-350, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-350, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]

AMENDATORY SECTION (Amending Order 97-53, filed 3/19/97, effective 5/1/97 WAC 220-56-380 Oysters--Areas and seasons. (1) It is lawful to take and possess oysters taken for personal use from public tidelands the entire year, except that public tidelands at the following beaches are closed unless otherwise provided:

(a) Brown Point: Closed the entire year.

(b) Dabob Bay - All state-owned tidelands in Dabob Bay north of a line drawn from Camp Harmony to Lindsays Beach are closed to the harvest of oysters the entire year, except as follows: State-owned tidelands from a row of tires at Camp Discovery south approximately 2,000 feet to a second row of tires, and state-owned tidelands beginning approximately 3/4 mile north of Camp Harmony extending approximately 1,200 feet north.

(c) Dosewallips State Park: Open the entire year in areas defined by boundary markers and signs posted on the beach only.

(d) Duckabush - All state-owned tidelands on the west shore of Hood Canal from Quatsap Point to the south end of the Duckabush flats are closed to the harvest of oysters the entire year.

(e) Hoodsport: Tidelands at the Hoodsport Salmon Hatchery are closed the entire year.

(f) Kitsap Memorial State Park: Open May 16 through December 31.

(g) Liberty Bay - All state-owned tidelands in Liberty Bay north and west of the Keyport Naval Supply Center are closed to the harvest of oysters the entire year.

(h) North Bay - All state-owned tidelands in North Bay (Case Inlet) north of a line drawn southwest from Rocky Point to the north end of Reach Island thence due west to the mainland are closed to the harvest of oysters the entire year.

(i) Oyster Reserves: Puget Sound and Willapa Bay oyster reserves are closed the entire year except the following are open the entire year:

Willapa Bay - Long Island oyster reserve: Northwest side of Long Island between reserve monuments 39 and 41 and southwest side of Long Island between reserve monuments 58 and 59.

(j) Penrose Point State Park: Open May 1 through June 15.

(k) Potlatch State Park: Open April 1 through September 15.

(l) Quilcene Bay - All state-owned tidelands in Quilcene Bay north of a line drawn from the Quilcene Boat Haven to Fisherman's Point are closed except those tidelands on the west side of the bay defined by boundary markers and a sign at the beach are open April 1 through June 30, daily from official sunrise to official sunset, only.

(m) Scenic Beach State Park: Open April 16 through June 15.

(n) Triton Cove State Park: Open April 1 through June 30.

(o) Willapa Bay: State-owned tidelands east of the department Willapa Bay Field Station and the Nahcotta Tidelands Interpretive Site are open only between boundary markers and posted signs.

(p) Wolfe Property State Park - Open ((~~April~~)) May 1 through August 15.

(2) It is unlawful to pick or take oysters for personal use from waters measuring more than two feet in depth at the time of removal.

[Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-380, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), 220-56-380, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), 220-56-380,; 94-14-069, 220-56-380, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-380, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-380, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-380, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-380, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-380, filed 3/16/89; 88-10-012 and 88-10-013 (Orders 88-14 and 88-15), 220-56-380, filed 4/26/88; 87-09-066 (Order 87-16), 220-56-380, filed 4/21/87; 86-09-020 (Order 86-08), 220-56-380, filed 4/9/86; 84-09-026 (Order 84-22), 220-56-380, filed 4/11/84; 82-13-040 (Order 82-61), 220-56-380, filed 6/9/82; 82-07-047 (Order 82-19), 220-56-380, filed 3/18/82; 81-05-027 (Order 81-13), 220-56-380, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-380, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-086.]

AMENDATORY SECTION (Amending Order 80-12, filed 2/27/80, effective 4/1/80 WAC 220-56-385 Oysters--Unlawful acts. Oysters taken for personal use from the contiguous waters or beaches of the state of Washington south of a line from Tala Point to Foulweather Bluff must be shucked before removing oysters from the intertidal zone and the shells replaced on the tidelands at the approximate tide level from which originally taken and it shall be unlawful for any person to fail to do so.

[Statutory Authority: RCW 75.08.080. 80-03-064 (Order 80-12), 220-56-385, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 97-53, filed 3/19/97, effective 5/1/97 WAC 220-56-105 River mouth definitions. When pertaining to food fish angling, unless otherwise defined, any reference to the mouths of rivers or streams shall be construed to include those waters of any river or stream including sloughs and tributaries upstream and inside of a line projected between the outermost uplands at the mouth. The term "outermost upland" shall be construed to mean those lands not covered by water during an ordinary high tide. The following river mouths are hereby otherwise defined:

Abernathy Creek - Highway 4 Bridge.

Bear River - Highway 101 Bridge.

Bone River - Highway 101 Bridge.

Chehalis River - Highway 101 Bridge in Aberdeen.

Cowlitz River - A line projected across the river between two fishing boundary markers set on each bank of the river approximately one-half mile downstream from the lowermost railroad bridge crossing the Cowlitz River.

Dakota Creek - A line from the outermost headland of the south bank to a house at 1285 Runge Avenue, Blaine, Washington, approximately one-quarter mile downstream from the Blaine Road Bridge.

Deschutes River - A line projected across the river 400 feet below the lower Tumwater Falls fish ladder.

Drano Lake - Highway 14 Bridge.

Duwamish River - First Avenue South Bridge.

Elk River - Highway 105 Bridge.

Entiat River - Highway 97 Bridge.

Hoquiam River - Highway 101 Bridge.

Humptulips River - Mouth of Jessie Slough.

Johns River - Highway 105 Bridge.

Kennedy Creek - An arc 500 yards east of the midpoint of the northbound Highway 101 Bridge.

Kettle River - ((~~Napoleon~~)) Barstow Bridge.

Lake Washington Ship Canal - A line 400 feet west of the fish ladder at the Chittenden Locks.

Lewis River - A straight line running from a boundary marker on a piling at Austin Point southerly across the Lewis River to a boundary marker on the opposite shore.

Methow River - Highway 97 Bridge.

Naselle River - Highway 101 Bridge.

North Nemah River - Highway 101 Bridge.

Niawiakum River - Highway 101 Bridge.

North River - Highway 105 Bridge.

Palix River - Highway 101 Bridge.

Puyallup River - 11th Street Bridge.

Samish River - The Samish Island Bridge (Bayview-Edison Road).

Sammamish River - 68th Avenue NE Bridge.

Skagit River - A line projected from the terminus of the jetty with McGlinn Island to the white monument on the easterly end of Ika Island, then to a white monument on the westerly end of Craft Island, then to a white monument near the corner of the levee on the westerly side of Dry Slough, and then to a white monument on the easterly side of Tom Moore Slough.

Skamokawa Creek - Highway 4 Bridge.

Skookum Creek - A line 400 yards below the old railroad bridge.

Snohomish River - Burlington Northern Railway Bridges crossing main river and sloughs.

South Nemah River - Lynn Point 117 degrees true to the opposite shore.

Spokane River - State Route 25 Bridge.

Tucannon River - State Highway 261 Bridge.

Wallace River - The furthest downstream railroad bridge.

Washougal River - A straight line from the Crown Zellerbach pumphouse southeasterly across the Washougal River to the east end of the Highway 14 Bridge near the upper end of Lady Island.

Whatcom Creek - A line projected approximately 14 degrees true from the flashing light at the southwesterly end of the Port of Bellingham North Terminal to the southernmost point of the dike surrounding the Georgia Pacific treatment pond.

White Salmon River - Markers downstream of the Burlington Northern Railroad Bridge.

Little White Salmon River - At boundary markers on river bank downstream from the federal salmon hatchery.

Willapa River - South Bend boat launch.

Wind River - Boundary line markers at mouth.

Yakima River - Highway 240 Bridge.

[Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-105, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), 220-56-105, filed 5/13/96, effective 6/13/96; 95-04-066 (Order 95-10), 220-56-105,; 94-14-069, 220-56-105, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-105, filed 3/31/93, effective 5/1/93; 91-08-054 (Order 91-13), 220-56-105, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-105, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-105, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-105, filed 4/26/88; 85-09-017 (Order 85-20), 220-56-105, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-105, filed 4/11/84; 82-13-040 (Order 82-61), 220-56-105, filed 6/9/82; 81-05-027 (Order 81-13), 220-56-105, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-105, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending WSR 97-18-035, filed 8/27/97, effective 9/27/97)

WAC 220-56-191 Puget Sound salmon--Saltwater seasons and daily limits. It is unlawful to fish for or possess salmon taken by angling for personal use except from the following Puget Sound areas, during the seasons, in the quantities, sizes, and for the species designated in this section and as defined in the daily limit codes in WAC 220-56-180. Puget Sound waters west of the mouth of the Sekiu River are managed concurrent with ocean waters as provided for in WAC 220-56-190. In all fisheries provided for in this section, chinook salmon minimum size 22 inches and ((no)) 14 inch minimum size for other salmon.

(1) Catch Record Card Areas 5 and 6 -

(a) Special daily limit of 2 salmon April 16 through June 15 except all chinook salmon greater than 30 inches in length and all coho salmon must be released.

(b) During the period April 16 through September 30 and November 1 through April 15, Dungeness Bay is closed to salmon angling. October 1 through October 31, special daily limit of two coho salmon.

(d) July 1 through July 31 - Closed.

(e) August 1 through August 10 - Special daily limit of 2 salmon, except release coho and chinook.

(f) August 11 through September 15, special daily limit of 2 salmon, except release chinook.

(g) September 16 through January 31 - Closed.

(h) February 1 through April 15 - Special daily limit of 2 salmon. Release all coho.

(2) Catch Record Card Area 7:

(a) October 1 through July 31 - Special daily limit of 2 salmon. During the period April 16 through June 15 all chinook salmon greater than 30 inches in length must be released.

(b) August 1 through September 30 - Special daily limit of 4 salmon, not more than 2 of which may be coho or chinook.

(c) Notwithstanding the provisions of this subsection during the period October 1 through December 31 the special daily limit in Bellingham Bay is 4 salmon no more than 2 of which may be chinook. (3) Catch Record Card Area 8-1:

(a) September 16 through April 15 - Special daily limit of 2 salmon. During the period September 16 through September 30 release chinook.

(b) April 16 through August 15 - Closed.

(c) August 16 through September 15 - Special daily limit of 4 salmon, not more than 2 of which may be coho and release all chinook.

(4) Catch Record Card Area 8-2:

(a) August 1 through September 30 - Special daily limit of 2 salmon except release chinook salmon taken outside the Tulalip Bay zone, defined as those waters adjacent to Tulalip Bay west of a line from Mission Point to Hermosa Point and within 2,000 feet from shore between the pilings at Old Bowers Resort northerly to a fishing boundary marker approximately 1.4 miles northwest of Hermosa Point.

(b) October 1 through May 31 - Special daily limit of 2 salmon.

(5) Catch Record Card Area 9:

(a) November 1 through June 30 - Special daily limit of 2 salmon.

(b) July 1 through July 31 - Closed.

(d) September 2 through September 30 - Closed.

(e) October 1 through October 31 - Special daily limit of 2 salmon except release coho.

(f) Notwithstanding the provisions of this subsection, salmon fishing is permitted year-round from the Edmonds Fishing Pier - Special daily limit of 2 salmon and all salmon species may be retained.

(6) Catch Record Card Area 10:

(a) October 16 through June 30 - Special daily limit of 2 salmon. (b) July 1 through October 15 - Special daily limit of 2 salmon except:

(i) During the period July 1 through September 15, Elliott Bay east of a line from Pier 91 to Duwamish Head is closed.

(ii) During the period July 1 through October 15, Shilshole Bay east of a line from Meadow Point to West Point is closed.

(iii) During the period July 1 through August 31, release chinook in waters north of a line from West Point to Skiff Point and in waters northeast of the Agate Pass Bridge.

(iv) During the period September 16 through October 15, release chinook in the Duwamish Waterway from the First Avenue South Bridge to an east-west line through SW Hanford Street on Harbor Island.

(c) Notwithstanding the provisions of this subsection, salmon fishing is permitted year-round from the Elliott Bay public fishing pier at Terminal 86 and Seacrest Pier - Special daily limit of 2 salmon and all salmon species may be retained.

(7) Catch Record Card Area 11 - May 1 through April 30 - Daily limit of 2 salmon.

(8) Catch Record Card Area 12:

(a) December 16 through July 15 - Special daily limit of 2 salmon. (b) July 16 through September 30 - Special daily limit of 4 salmon, not more than 2 of which may be pink salmon and release all chinook and chum.

(c) October 1 through October 15 - Special daily limit of 4 salmon, not more than 2 of which may be chinook and release all chum.

(d) October 16 through December 15 - Special daily limit of 4 salmon, not more than two of which may be chinook.

(e) Waters of the Hoodsport Hatchery Zone are managed separately as provided for in WAC 220-56-124.

(9) Catch Record Card Area 13 - May 1 through April 30 - Daily limit of 2 salmon.

(10) In the above waters there are specified closures as provided for in WAC 220-56-128 and 220-56-195. Additionally, there are gear and area restrictions at Shilshole Bay, the Duwamish Waterway, and Budd Inlet, and at Titlow Beach and the Edmonds underwater park and the Elliott Bay, Les Davis, and Des Moines public fishing piers. See specific sections in chapter 220-56 WAC for salmon angling restrictions at these locations.

[Statutory Authority: RCW 75.08.080 and 75.12.040. 97-18-035, 220-56-191, filed 8/27/97, effective 9/27/97. Statutory Authority: RCW 75.08.080. 96-11-078 (Order 96-44), 220-56-191, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), 220-56-191, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-191, filed 7/1/94, effective 8/1/94; 93-14-043 (Order 93-36), 220-56-191, filed 6/29/93, effective 7/30/93.]

AMENDATORY SECTION (Amending Order 95-46, filed 5/31/95, effective 7/1/95 WAC 220-56-285 Shad and sturgeon--Areas and seasons. It is lawful the entire year to fish for or possess sturgeon and shad taken for personal use except in the following closed waters:

(1) Waters lying 400 feet downstream below any rack, dam or other obstruction concurrent with salmon angling boundaries provided for in chapter 220-57 WAC, except as provided in subsections (2) and (3) of this section.

(2) Waters lying 400 feet downstream below any dam, rack or obstruction in the Snake River.

(3) Columbia River waters between the upstream line of Bonneville Dam and the lowermost Bonneville powerline crossing, approximately 1-1/4 mile downstream from the dam, are closed to the fishing for or possession of sturgeon, except when fishing with hand-casted hook and line gear from the mainland shore in those waters lying downstream of a line running southerly from a fishing boundary marker on the Washington shore (approximately 3/4 mile downstream from the dam) to the downstream end of Cascade Island thence to the Oregon angling boundary marker on Bradford Island (located approximately 850 feet downstream from the fish ladder entrance to the lowermost Bonneville Dam powerline crossing. Closed to angling inside the south navigation lock at Bonneville Dam from a marker on the westernmost point of Robins Island to a marker on the Oregon mainland shore).

(4) Columbia River waters downstream from Bonneville Dam are closed to shad fishing April 1 through May 15.