WSR 00-16-091

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-134 -- Filed July 31, 2000, 2:39 p.m. ]

Date of Adoption: July 28, 2000.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-57-001, 220-57-120, 220-57-125, 220-57-130, 220-57-135, 220-57-137, 220-57-13701, 220-57-138, 220-57-140, 220-57-145, 220-57-150, 220-57-155, 220-57-160, 220-57-165, 220-57-170, 220-57-175, 220-57-180, 220-57-181, 220-57-185, 220-57-187, 220-57-190, 220-57-195, 220-57-200, 220-57-205, 220-57-210, 220-57-215, 220-57-225, 220-57-230, 220-57-235, 220-57-240, 220-57-245, 220-57-250, 220-57-255, 220-57-260, 220-57-265, 220-57-270, 220-57-275, 220-57-280, 220-57-285, 220-57-290, 220-57-295, 220-57-300, 220-57-305, 220-57-310, 220-57-313, 220-57-315, 220-57-319, 220-57-321, 220-57-325, 220-57-326, 220-57-327, 220-57-330, 220-57-335, 220-57-340, 220-57-341, 220-57-342, 220-57-345, 220-57-350, 220-57-355, 220-57-365, 220-57-370, 220-57-375, 220-57-380, 220-57-385, 220-57-390, 220-57-395, 220-57-400, 220-57-405, 220-57-410, 220-57-415, 220-57-420, 220-57-425, 220-57-427, 220-57-430, 220-57-432, 220-57-435, 220-57-440, 220-57-445, 220-57-450, 220-57-455, 220-57-460, 220-57-462, 220-57-465, 220-57-470, 220-57-473, 220-57-475, 220-57-480, 220-57-485, 220-57-490, 220-57-493, 220-57-495, 220-57-497, 220-57-500, 220-57-502, 220-57-505, 220-57-510, 220-57-515, 220-57-520, 220-57-525, 220-57A-001, 220-57A-005, 220-57A-010, 220-57A-012, 220-57A-015, 220-57A-017, 220-57A-020, 220-57A-025, 220-57A-030, 220-57A-035, 220-57A-037, 220-57A-040, 220-57A-045, 220-57A-050, 220-57A-055, 220-57A-065, 220-57A-070, 220-57A-075, 220-57A-080, 220-57A-082, 220-57A-085, 220-57A-090, 220-57A-095, 220-57A-100, 220-57A-105, 220-57A-110, 220-57A-112, 220-57A-115, 220-57A-120, 220-57A-125, 220-57A-130, 220-57A-135, 220-57A-140, 220-57A-145, 220-57A-150, 220-57A-152, 220-57A-155, 220-57A-160, 220-57A-165, 220-57A-170, 220-57A-175, 220-57A-180, 220-57A-183, 220-57A-185, 220-57A-190, 220-56-103 and 220-56-205; amending WAC 220-56-100, 220-56-115, 220-56-116, 220-56-123, 220-56-128, 220-56-180, 220-56-190, 220-56-191, 220-56-195, 220-56-199, 220-56-350, 220-56-380, 232-12-001, 232-12-619, and 232-28-619.

Statutory Authority for Adoption: Section 7, chapter 107, Laws of 2000.

Adopted under notice filed as WSR 00-11-179 on May 24, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 15, Repealed 146.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

July 28, 2000

J. P. Koenings

Director

OTS-4030.4


AMENDATORY SECTION(Amending Order 99-13, filed 3/30/99, effective 5/1/99)

WAC 220-56-100
Definitions -- Personal use fishing.

(((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.

     (c) On or within any boat launch, ramp, or parking facility associated with 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 at 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 gear rules" 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 gear rules, fish may be released until the daily limit is retained.)) The following definitions apply to personal use fishing in Titles 220 and 232 WAC:

     (1) "Bait" means any substance which attracts fish by scent or flavors. Bait includes any lure which uses scent or flavoring to attract fish.

     (2) "Barbless hook" means a hook on which all barbs have been deleted when manufactured or filed off or pinched down.

     (3) "Bow and arrow fishing" means any method of taking, or attempting to take, 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.

     (4) "Buoy 10 line" means a true north-south line projected through Buoy 10 at the mouth of the Columbia River. "Buoy 10 fishery" means a fishery between a line in the Columbia River from Tongue Point in Oregon to Rocky Point in Washington and the Buoy 10 line.

     (5) "Channel Marker 13 line" means a true north-south line through Grays Harbor Channel Marker 13.

     (6) "Daily limit" means the maximum number or pounds of fish, shellfish, or seaweed of the required size of a given species or aggregate of species which a person may retain in a single day.

     (7) "Fresh" means fish or shellfish that are refrigerated, iced, salted, or surface glazed.

     (8) "Freshwater area" means:

     (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.

     (c) On or within any boat launch, ramp, or parking facility associated with any freshwater river, lake, stream or pond.

     (9) "Frozen" means fish or shellfish that are hard frozen throughout.

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

     (11) "Hatchery" when used to describe the difference between a hatchery fish and a nonhatchery fish means a fish missing an adipose fin or a ventral fin with a healed scar at the location of the missing fin.

     (12) "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.

     (13) "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 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 bottom fish, "angling" and "jigging" shall be identical in meaning.

     (14) "In the field or in transit" means at 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 motor home or camper parked at a campsite or a vessel are not considered to be an ordinary residence.

     (15) "Juvenile" means a person under fifteen year of age.

     (16) "Lure" means a manufactured article constructed of feathers, hair, fiber, wood, metal, glass, cork, leather, rubber or plastic which does not use scent or flavoring to attract fish. "Nonbuoyant lure" means a lure complete with hooks, swivels or other attachments, which does not float in freshwater.

     (17) "Night closure" means closed to fishing from one hour after official sunset to one hour before official sunrise.

     (18) "Nonbuoyant lure restriction" means nonbuoyant lures may have only one single hook measuring not more than 3/4 inch point to shank, no weights may be attached below or less than twelve inches above a buoyant lure, and all hooks must be attached within three inches of the bait or lure.

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

     (20) "Processed" means fish or shellfish which have been processed by heat for human consumption as kippered, smoked, boiled, or canned.

     (21) "Seasonal wild steelhead limit" means the maximum number of wild steelhead trout any one angler may retain from April 1st through the following March 31st.

     (22) "Selective gear rules" means terminal fishing 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 gear rules, fish may be released until the daily limit is retained.

     (23) "Slough" means any swamp, marsh, bog, pond, side-channel, or backwater connected to a river by water. Waters called sloughs that are not connected to a river are considered lakes.

     (24) "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.

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

     (26) "Wild" when used to describe the difference between a hatchery fish and a nonhatchery fish means a fish with all fins intact.

[Statutory Authority: RCW 75.08.080 and 77.12.040.      99-08-029 (Order 99-13), § 220-56-100, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-100, filed 2/26/98, effective 5/1/98.      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, filed 1/30/95, effective 5/1/95; 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 99-102, filed 7/20/99, effective 8/20/99)

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 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 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.

     (((4) In the following Catch Record Card Areas or designated portions during the following periods it is unlawful to use a downrigger, to use more than two ounces of weight attached to a line, or to use a lure or diver weighing more than two ounces:

     (a) Area 9 - August 1 through August 31.

     (b) Area 10 - July 1 through August 31.

     (c) Area 12 north of Ayock Point - August 1 through August 31.))

[Statutory Authority: RCW 75.08.080 and 77.12.040.      99-15-081 (Order 99-102), § 220-56-115, filed 7/20/99, effective 8/20/99; 98-06-031, § 220-56-115, filed 2/26/98, effective 5/1/98.      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 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-56-128
Food fish fishing -- Closed areas.

It is unlawful to fish for or possess food fish taken from the following areas during the times indicated.

     (1) It is unlawful at all times to fish for or possess food fish taken for personal use in waters lying within 400 feet below any fish rack, fishway, dam or other artificial or natural obstruction, either temporary or permanent, unless otherwise provided.

     (2) Waters of Budd Inlet at Olympia south of the Fourth Avenue Bridge are closed at all times, and all contiguous waters lying between the Fourth Avenue Bridge and a line from the northwesterly corner of the Thriftway Market Building to a point 100 yards north of the railroad bridge located on the western side of the inlet opposite the Thriftway Market Building are closed during the period July 16 through October 31.

     (3) The waters of Percival Cove are closed at all times.

     (4) Those waters of Hood Canal inshore from yellow marker buoys to the mouth of Finch Creek and waters within the channel created when tidelands are exposed are closed the entire year.

     (5) Waters within a radius of 100 yards from the Enetai Hatchery Outfall Creek where it enters saltwater are closed at all times.

     (6) Those waters of Sinclair Inlet inside a line fifty yards from the pierhead line of the Puget Sound Naval Shipyard at Bremerton are closed at all times.

     (7) Those waters of Hood Canal within 100 feet of the Seabeck Highway Bridge over Big Beef Creek are closed August 1 through November 30.

     (8) In Shilshole Bay waters east of a line 175 feet west of the Burlington Northern Railroad Bridge are closed to fishing.

     (9) Those waters of the Chinook River upstream from tide gate at the Highway 101 Bridge are closed at all times.

     (10) Those waters of the Columbia River between the Vernita Bridge and the Hanford power line crossing (wooden towers at S24, T13N, R27E) are closed October 23 through June 15.

     (11) Those waters of the Columbia River between the upstream line of Bonneville Dam to a point 600 feet below the fish ladder at the new Bonneville Dam Powerhouse are closed at all times.

     (12) Waters of the Lake Washington Ship Canal west of a north-south line 400 feet east of the eastern end of the north wing wall of Chittenden Locks to the mouth of the Lake Washington Ship Canal are closed to food fish angling at all times.

     (13) Waters of Catch Record Card Area 10 west of a line from Point Monroe to Indianola and east of a line from Point Bolin to Battle Point are closed to food fish angling from January 1 through March 31.

     (14) Waters ((within 200 yards)) of the ((salmon net pens located near)) Sund Rock Marine Preserve in Hood Canal are closed to the taking of food fish other than salmon at all times.

     (15) Waters of the Titlow Beach Marine Preserve Area are closed to the taking of food fish at all times except that it is lawful to fish for salmon with artificial lures only from shore or a nonmotorized vessel.

     (16) Chief Joseph Dam - closed to fishing from the Okanogan County shore between the dam and the Highway 17 Bridge.      Closed to ((boat)) fishing from a floating device downstream of Chief Joseph Dam to the Corps of Engineers Safety Zone Marker.

     (17) Wells Dam - waters between the upstream line of Wells Dam to boundary markers 400 feet below the spawning channel discharge on the Chelan County side and the fish ladder on the Douglas County side.

     (18) Rocky Reach, Rock Island and Wanapum Dams - waters between the upstream lines of these dams and boundary markers 400 feet downstream of the fish ladders at Rocky Reach and Rock Island Dams and boundary markers at Wanapum Dam 750 feet below the east fish ladder and 500 feet below the west fish ladder.

     (19) Priest Rapids Dam - waters between the upstream line of Priest Rapids Dam and boundary markers 650 feet below the fish ladders.

     (20) Jackson (Moran) Creek - all waters of the Priest Rapids hatchery system including Columbia River waters out to midstream between markers located 100 feet upstream and 400 feet downstream of the mouth of the hatchery outlet.

     (21) McNary Dam - waters between the upstream line of McNary Dam and a line across the river from the red and white marker on the Oregon shore to the downstream end of the wingwall of the boat lock near the Washington shore.

     (22) John Day Dam - waters between the upstream line of John Day Dam and markers approximately 3,000 feet downstream, except that fishing is permitted from the Washington shore to within 400 feet of the fishway entrance.

     (23) The Dalles Dam - waters between the upstream line of the Dalles Dam and the upstream side of the Interstate 197 Bridge, except that fishing is permitted from the Washington shore to within 400 feet of the fishway entrance.

     (24) Spring Creek - waters within 1/4 mile of the U.S. Fish and Wildlife Service Hatchery grounds between posted boundary markers located 1/4 mile on either side of the fish ladder entrance.

     (25) The following conservation areas are closed year round:

     (a) Brackett's Landing Shoreline Sanctuary Conservation Area.

     (b) City of Des Moines Park Conservation Area.

     (c) Octopus Hole Conservation Area.

     (d) Orchard Rocks Conservation Area.

     (e) South 239th Street Park Conservation Area.

[Statutory Authority: RCW 75.08.080 and 77.12.040.      98-15-081 (Order 98-122), § 220-56-128, filed 7/15/98, effective 8/15/98; 98-06-031, § 220-56-128, filed 2/26/98, effective 5/1/98.      Statutory Authority: RCW 75.08.080.      97-07-078 (Order 97-53), § 220-56-128, filed 3/19/97, effective 5/1/97; 95-12-027 (Order 95-46), § 220-56-128, filed 5/31/95, effective 7/1/95; 94-14-069, § 220-56-128, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), § 220-56-128, filed 3/31/93, effective 5/1/93; 91-08-054 (Order 91-13), § 220-56-128, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-128, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-128, filed 3/16/89; 88-10-012 (Order 88-14), § 220-56-128, filed 4/26/88; 85-09-017 (Order 85-20), § 220-56-128, filed 4/9/85; 82-07-047 (Order 82-19), § 220-56-128, filed 3/18/82; 80-03-064 (Order 80-12), § 220-56-128, filed 2/27/80, effective 4/1/80.      Formerly WAC 220-56-065.]


AMENDATORY SECTION(Amending WSR 98-06-031, filed 2/26/98, effective 5/1/98)

WAC 220-56-180
((Daily limit codes.)) Salmon state-wide rules.

(1) ((Code A: In waters having this code designation, the daily limit in any one day is six salmon not less than 12 inches in length, not more than two of these six salmon may be any combination of the following)) In fresh water and in Marine Areas 2-1 and 2-2, adult salmon are:

     Chinook over 24 inches in length,

     Coho over 20 inches in length,

     Pink, chum or sockeye over 12 inches in length, and

     Atlantic salmon (((no minimum length))) of any size. In these waters the minimum size for salmon is 12 inches, except no minimum size for Atlantic salmon.

     (2) ((Code C: In waters having this code designation, the daily limit in any one day is six chinook and coho salmon in the aggregate not less than 12 inches in length or more than the following:

     24 inches in length for chinook; 20 inches in length for coho.

     (3) Code D: In waters having this code designation, the daily limit in any one day is six salmon including Atlantic salmon not less than 12 inches in length not more than two of which may be sockeye salmon; all chinook salmon greater than 24 inches in length and all coho salmon greater than 20 inches in length must be released.

     (4) Code F: In waters having this code designation, the daily limit in any one day is two salmon including Atlantic salmon provided that:

     (a))) In Marine Areas 1 through 4, except for Areas 2-1 and 2-2, chinook salmon must be not less than 24 inches in length, coho salmon must be not less than 16 inches, but there is no minimum size on other salmon.

     (((b) During the period April 16 through June 15 in waters of the Strait of Juan de Fuca between the mouth of the Sekiu River and a line from the most westerly point on Cape Flattery to the Tatoosh Island Light then to Bonilla Point on Vancouver Island, it is unlawful to take and retain chinook salmon greater than 30 inches in length.

     (5) Code G: In waters having this code designation, the daily limit is four salmon including Atlantic salmon, not more than two of which may be chinook salmon and the minimum size for chinook salmon is 22 inches in length.

     (6) Code H: In waters having this code designation, the daily limit in any one day is three salmon including Atlantic salmon provided that:

     (a))) (3) In Marine Areas 5 through 13, chinook salmon must be not less than 22 inches in length, but there is no minimum size for other salmon.

     (((b) During the period April 16 through June 15 in Catch Record Card Areas 5, 6, and 7, it is unlawful to retain or possess chinook salmon greater than 30 inches in length.

     (c) In contiguous marine waters of Puget Sound east of the mouth of the Sekiu River, no more than two of the three salmon daily limit may be chinook, except the daily limit in Catch Record Card Area 12 is three salmon of any species.

     (d) During the period July 1 through September 30 the daily limit is 2 salmon of any species in Catch Record Card Areas 5, 6, 7, 8-1, 8-2, and 9.

     (7) Code I: In waters having this code designation, the daily and possession limits, size restrictions, and opening and closing dates are the same as those for trout (except Lake Chelan) as regulated under Title 77 RCW by the Washington fish and wildlife commission.      A salmon angling catch record card is not required, but a gamefish license is required to take, fish for or possess gamefish.

     (8))) (4) The salmon possession limit ((in all waters regulated under Daily Limits A, C, D, F, G, H, and special daily limits)) shall not exceed the equivalent of two daily limits in fresh form.      An additional 40 pounds of salmon may be possessed in frozen or processed form.

     (((9))) (5) In all areas where the daily limit allows adult salmon to be taken, it is unlawful to continue to fish for salmon after the adult portion of the daily limit has been retained.

     (6) Where landlocked salmon rules apply, no sport catch record card is required for salmon, the season, daily limit, and size and gear restriction rules for salmon are the same as trout rules. The angler's combined catch of landlocked salmon and trout applies toward the trout limit.

[Statutory Authority: RCW 77.12.040 and 75.08.080.      98-06-031, § 220-56-180, filed 2/26/98, effective 5/1/98.      Statutory Authority: RCW 75.08.080.      97-07-078 (Order 97-53), § 220-56-180, filed 3/19/97, effective 5/1/97; 95-04-066 (Order 95-10), § 220-56-180, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), § 220-56-180, filed 3/31/93, effective 5/1/93; 91-14-046 (Order 91-40), § 220-56-180, filed 6/27/91, effective 7/28/91; 91-08-054 (Order 91-13), § 220-56-180, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-180, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-180, filed 3/16/89; 88-10-013 (Order 88-15), § 220-56-180, filed 4/26/88; 87-08-006 (Order 87-19), § 220-56-180, filed 3/23/87; 86-09-020 (Order 86-08), § 220-56-180, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-180, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-180, filed 4/11/84; 83-07-043 (Order 83-16), § 220-56-180, filed 3/17/83; 82-13-040 (Order 82-61), § 220-56-180, filed 6/9/82; 82-07-047 (Order 82-19), § 220-56-180, filed 3/18/82; 80-03-064 (Order 80-12), § 220-56-180, filed 2/27/80, effective 4/1/80.]


AMENDATORY SECTION(Amending Order 99-102, filed 7/20/99, effective 8/20/99)

WAC 220-56-190
Coastal salmon -- Saltwater seasons and daily limits.

It shall be unlawful to take, fish for or possess salmon taken by angling for personal use except from the following coastal 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:

     (1) Catch Record Card Area 1 - ((Special)) Daily limit of two salmon not more than one of which may be a chinook salmon, except release wild coho salmon((, special cumulative limit of six salmon in any Sunday through the following Thursday period)) - Sundays through Thursdays only, July ((19)) 10 through September 30, except closed in the Columbia River Mouth Control Zone 1, see WAC 220-56-195.

     (2) Catch Record Card Area 2 and Catch Record Card Area 2-2 west of the Buoy 13 line - ((Special)) Daily limit of two salmon only one of which may be a chinook salmon, except release wild coho salmon((, special cumulative limit of six salmon in any Sunday through the following Thursday period)) - Sundays through Thursdays only, July ((19)) 3 through September 30, except closed ((0-3 miles offshore August 22 through September 30)) July 3 through August 10 inside a line from the Westport Light (46° 53.30N, 124° 07.01W) to Grays Harbor Buoy 2 to Grays Harbor Buoy 3 to the Grays Harbor North Jetty and Catch Record Card Area 2-2 west of the Buoy 13 line closed during this period.

     (3) Grays Harbor (Catch Record Card Area 2-2 east of the Buoy 13 line) (a) ((Special)) Daily limit of six salmon, not more than two of which may be adult salmon except ((release)) no more than one of which may be a wild adult ((chinook)) coho - September ((16)) 1 through October 31. ((Single point barbless hooks required.))

     Westport Boat Basin and Ocean Shores Boat Basin: ((Special)) Daily limit of six salmon not more than four of which may be adult salmon - August 16 through January 31. ((Barbed hooks are allowed.))

     (4) Willapa Bay (Catch Record Card Area 2-1) ((Special)) Daily limit of six salmon, not more than two of which may be adult salmon and release wild coho salmon - August 16 through January 31. ((Single point barbless hooks required.))

     (5) Catch Record Card Area 3 - ((Special)) Daily limit of two salmon except no more than one of which may be a chinook and release wild coho salmon - July ((19)) 3 through September 30.

     (6) Catch Record Card Area 4 - ((Special)) Daily limit of two salmon except ((release)) no more than one of which may be a chinook salmon and release wild coho salmon - July ((19)) 3 through September 30.

     (7) Minimum size 24 inches for chinook salmon and 16 inches for coho salmon except minimum size 12 inches for chinook and coho salmon in Areas 2-1, 2-2 and the Westport Boat Basin and Ocean Shores Boat Basin.      No minimum size for other salmon.

     (8) For purposes of this section, adult chinook salmon are 24 inches or greater in length and adult coho salmon are 20 inches or greater in length.

[Statutory Authority: RCW 75.08.080 and 77.12.040.      99-15-081 (Order 99-102), § 220-56-190, filed 7/20/99, effective 8/20/99; 98-15-081 (Order 98-122), § 220-56-190, filed 7/15/98, effective 8/15/98; 97-18-035, § 220-56-190, filed 8/27/97, effective 9/27/97.      Statutory Authority: RCW 75.08.080.      96-11-078 (Order 96-44), § 220-56-190, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), § 220-56-190, filed 5/31/95, effective 7/1/95; 94-14-069, § 220-56-190, filed 7/1/94, effective 8/1/94; 93-14-043 (Order 93-36), § 220-56-190, filed 6/29/93, effective 7/30/93; 91-08-054 (Order 91-13), § 220-56-190, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-190, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-190, filed 3/16/89; 87-09-066 (Order 87-16), § 220-56-190, filed 4/21/87; 86-09-020 (Order 86-08), § 220-56-190, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-190, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-190, filed 4/11/84; 83-07-043 (Order 83-16), § 220-56-190, filed 3/17/83; 82-13-040 (Order 82-61), § 220-56-190, filed 6/9/82; 82-07-047 (Order 82-19), § 220-56-190, filed 3/18/82; 80-03-064 (Order 80-12), § 220-56-190, filed 2/27/80, effective 4/1/80.      Formerly WAC 220-56-064.]


AMENDATORY SECTION(Amending Order 99-215, filed 12/16/99, effective 1/16/00)

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 sizes 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 minimum size for other salmon.))

     (1) Catch Record Card Areas 5 and 6 -

     (a) August 1 through September 30, ((special)) daily limit of 2 salmon, except release chinook, chum and wild coho salmon.

     (b) Dungeness Bay inside a line from Dungeness Spit Light to the No. 2 red buoy and then to the Port Williams boat ramp open only October 1 through October 31 - ((Special)) Daily limit of 2 coho salmon, release all salmon except coho salmon.

     (c) November 1 through November 30 - ((Special)) Daily limit of 2 salmon of which no more than one may be a chinook salmon and release all coho salmon.

     (d) February 16 through April 10 - ((Special)) Daily limit of 1 salmon.

     (2) Catch Record Card Area 7:

     (a) July 1 through September 30 - ((Special)) Daily limit of 2 salmon, not more than 1 of which may be a chinook salmon.

     (b) October 1 through October 31 - ((Special)) Daily limit of 2 salmon, except release chinook salmon.

     (c) November 1 through November 30 - ((Special)) Daily limit of 2 salmon, no more than one of which may be a chinook salmon.

     (d) February 16 through April 10 - ((Special)) Daily limit of one salmon.

     (e) Notwithstanding the provisions of this subsection during the period August 16 through October 31 the ((special)) daily limit in Bellingham Bay and adjacent waters described in WAC 220-56-195(1) is 4 salmon no more than 1 of which may be chinook.

     (3) Catch Record Card Area 8-1:

     (a) September 1 through October 31 - ((Special)) Daily limit of 2 salmon except release chinook ((and pink)) salmon.

     (b) November 1 through November 30 - ((Special)) Daily limit of 2 salmon, not more than 1 of which may be a chinook salmon.

     (c) February 16 through April 10 - ((Special)) Daily limit of one salmon.

     (4) Catch Record Card Area 8-2:

     (a) ((August 1)) September 16 through October 31 - ((Special)) Daily limit of 2 salmon except release chinook salmon.

     (b) Waters adjacent to Tulalip Bay west of a line from Mission Point to Hermosa Point and within 2,000 feet of shore between pilings at Old Bower's Resort on the south and a fishing marker 1.4 miles northwest of Hermosa Point open only 12:01 a.m. each Friday through 11:59 a.m. the following Monday, ((August 1)) July 14 through September 30.      ((Special)) Daily limit of 2 salmon not more than 1 of which may be a chinook salmon.

     (c) February 16 through April 10 - ((Special)) Daily limit of one salmon.

     (5) Catch Record Card Area 9:

     (a) ((August)) September 1 through ((October 31)) September 15 - ((Special)) Daily limit of 2 salmon except release chinook ((salmon the entire time)) and ((release)) chum salmon ((August 1 through September 30)).

     (b) October 1 through October 31 - Daily limit of 2 salmon except release chinook.

     (c) November 1 through November 30 - ((Special)) Daily limit of 2 salmon not more than one of which may be a chinook salmon.

     (((c))) (d) Notwithstanding the provisions of this subsection, salmon fishing is permitted year-round from the Edmonds Fishing Pier - ((Special)) Daily limit of 2 salmon not more than one of which may be a chinook salmon.

     (((d))) (e) Notwithstanding the provisions of this section, salmon fishing is permitted ((May 1 through June 30 and August)) September 1 through ((April)) June 30 from the Hood Canal Bridge Fishing pontoon - ((Special)) Daily limit of 2 salmon not more than one of which may be a chinook salmon, and release chum salmon ((August)) September 1 through September 30((, and release chinook August 1 through August 31)).

     (((e))) (f) February 16 through April 10 - ((Special)) Daily limit of one salmon.

     (6) Catch Record Card Area 10:

     (a) July 1 through September 15 and October 1 through October 31 - ((Special)) Daily limit of 2 salmon except release chinook salmon, and:

     (i) During the period July 1 through August ((16)) 15, Elliott Bay east of a line from West Point to Alki Point is closed, except waters east of a line from Pier 91 to Duwamish Head open noon August ((6)) 4 to noon August ((9)) 7 and noon August ((13)) 11 to noon August ((16)) 14 - ((Special)) Daily limit of 2 salmon not more than one of which may be a chinook salmon.      ((The 2-ounce weight restriction does not apply in this subsection.))

     (ii) During the period July 1 through October 31, Shilshole Bay east of a line from Meadow Point to West Point is closed.

     (iii) During the period ((August 1)) July 16 through September ((30)) 15, waters of Sinclair Inlet and Port Orchard south of the Manette Bridge, south of a line projected true ((east from Illahee State Park)) west from Battle Point and west of a line projected true south from Point White - ((Special)) Daily limit of 2 salmon ((not more than one of which may be a chinook salmon)).      ((The 2-ounce weight restriction does not apply in this subsection.))

     (iv) During the period July 1 through August 31 waters east of a line from Point Wells to Meadow Point are closed.

     (b) November 1 through November 30 - ((Special)) Daily limit of 2 salmon, not more than one of which may be a chinook salmon.

     (c) February 16 through April 10 - ((Special)) Daily limit of one salmon.

     (d) 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 not more than one of which may be a chinook salmon.

     (7) Catch Record Card Area 11.

     (a) June 1 through ((November 30)) September 15 - Daily limit of 2 salmon not more than one of which may be a chinook salmon ((and release pink salmon)).

     (b) September 16 through October 15 - Daily limit of one salmon.

     (c) October 16 through November 30 - Daily limit of 2 salmon not more than one of which may be a chinook salmon.

     (d) February 16 through April 10 - ((Special)) Daily limit of one salmon.

     (((c))) (e) Notwithstanding the provisions of this subsection, salmon fishing is permitted year-round from the Dash Point Dock and the Point Defiance Boathouse Dock - ((Special)) Daily limit of 2 salmon, not more than one of which may be a chinook salmon.

     (8) Catch Record Card Area 12:

     (a) July 1 through August 31 in waters south of Ayock Point - ((Special)) Daily limit of 2 salmon, not more than one of which may be a chinook salmon and release chum ((and pink)) salmon.

     (b) ((August 1 through August 31 in waters north of Ayock Point - Special daily limit of 4 salmon except release chinook, chum and pink salmon.)) August 16 through October 15 in waters north of a true east-west line from Point Whitney to the Toandos Peninsula only - Daily limit of 4 salmon except release chinook and chum.

     (c) September 1 through October 15 - ((Special)) Daily limit of ((4)) 2 salmon except release chinook((,)) and chum ((and pink)) salmon.

     (d) October 16 through December 31 - ((Special)) Daily limit of ((4)) 2 salmon, not more than one of which may be a chinook salmon.

     (e) February 16 through April 10 - ((Special)) Daily limit of 1 salmon.

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

     (g) The Hood Canal Bridge fishing pier is managed under Area 9.

     (9) Catch Record Card Area 13:

     (a) May 1 through December 31 - ((Special)) Daily limit of 2 salmon not more than one of which may be a chinook salmon May 1 through June 30 and November 1 through December 31 and release wild coho salmon July 1 through October 31.

     (b) January 1 through February 15 - Release all salmon.

     (c) February 16 through April 10 - ((Special)) Daily limit of one salmon.

     (d) Notwithstanding the provisions of this section, salmon fishing is permitted year-round from the Fox Island Public Fishing Pier - ((Special)) Daily limit of 2 salmon, not more than one of which may be a chinook salmon and release wild coho salmon July 1 through October 31.

     (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, Budd Inlet, Titlow Beach 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.      00-01-103 (Order 99-215), § 220-56-191, filed 12/16/99, effective 1/16/00.      Statutory Authority: RCW 75.08.080 and 77.12.040.      99-15-081 (Order 99-102), § 220-56-191, filed 7/20/99, effective 8/20/99; 98-15-081 (Order 98-122), § 220-56-191, filed 7/15/98, effective 8/15/98; 98-06-031, § 220-56-191, filed 2/26/98, effective 5/1/98.      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 99-102, filed 7/20/99, effective 8/20/99)

WAC 220-56-195
Closed areas -- Saltwater salmon angling.

The following areas shall be closed to salmon angling during the times indicated:

     (1) Bellingham Bay: Those waters of Bellingham, Samish and Padilla Bays southerly of a line projected from the most westerly point of Gooseberry Point to Sandy Point, easterly of a line from Sandy Point to Point Migley thence along the eastern shoreline of Lummi Island to Carter Point, thence to the most northerly tip of Vendovi Island thence to Clark Point on Guemes Island thence following the shoreline to Yellow Bluff on the southwest corner of Guemes Island thence to Yellow Bluff Reef range marker thence to the ferry terminal dock east of Shannon Point and north of the Burlington Railroad Bridges at the north end of Swinomish Slough shall be closed to salmon angling July 1 through August 15.

     (2) Carr Inlet:

     (a) Those waters north of a line from Green Point to Penrose Point are closed to salmon angling ((April 16)) May 1 through July 31 and September 16 through October 15.

     (b) Those waters of Carr Inlet within 1,000 feet of the outer oyster stakes at the mouth of Minter Creek are closed to salmon angling ((April 16)) August 1 through September ((30)) 15.

     (3) Dungeness Bay: Those waters westerly of a line from Dungeness Spit Light to the number 2 red buoy, and then to the Port Williams boat ramp are closed to salmon angling April 16 through September 30 and November 1 through April 15.

     (4) Samish Bay: Those waters southerly of a line projected true east from Fish Point are closed to salmon angling August ((1)) 16 through October 15.

     (5) Columbia River Mouth Control Zone 1: Washington waters within Control Zone 1, which Control Zone is described as an area at the Columbia River mouth bounded on the west by a line running northeast/southwest between the red lighted Buoy #4 (46°13'35" N/124°06'50" W) and the green lighted Buoy #7 (46°15'09" N/124°06'16" W); on the east by the Buoy #10 line which bears north/south at 357° true from the south jetty at 46°14'00" N/124°03'07" W to its intersection with the north jetty; on the north by a line running northeast/southwest between the green lighted Buoy #7 to the tip of the north jetty (46°14'48" N/124°05'20" W) and then along the north jetty to the point of intersection with the Buoy #10 line; and on the south by a line running northeast/southwest between the red lighted Buoy #4 and the tip of the south jetty (46°14'03" N/124°04'05" W) and then along the south jetty to the point of intersection with the Buoy #10 line are closed to salmon angling at all times except open to fishing from the north jetty when adjacent waters north of the Control Zone are open to salmon angling or the Buoy 10 fishery is open.

     (6) Commencement Bay: Those waters east of a line projected from the Sperry Ocean Dock to landfall below the Cliff House Restaurant on the north shore of Commencement Bay are closed June 1 through July 31 and April 1 through April 10.

     (7) Whidbey Island and mainland shores in Areas 5 and 6. Those waters of Catch Record Card Areas 5 and 6 within 3/4 mile of the shores of the mainland and Whidbey Island are closed to salmon angling August 1 through August 31 when angling from boats.

     (8) Rosario Strait and eastern Strait of Juan de Fuca:

     (a) Waters of Area 7 in Rosario Strait and the eastern portion of the Strait of Juan de Fuca southerly of a line running from Sandy Point to Point Migley on Lummi Island, and following the westerly shore of Lummi Island to a straight line running from ((Lawrence Point on Orcas Island)) shore through Lummi Rocks Buoy((, then from Lawrence Point along the southeasterly shore of Orcas Island to Deer Point)) to Peapod Rocks buoy, then to Lydia Shoal buoy, then to the easternmost point of Obstruction Island, then true south to Blakely Island, and south along the Blakely Island shore to the southernmost point on Blakely Island, then across Thatcher Pass to Fauntleroy Point, then along the eastern shore of Decatur Island to the southernmost point on Decatur Island, then across Lopez Pass to Lopez Island and following the shore of Lopez Island southerly and westerly to Iceberg Point, then from Iceberg Point to Cattle Point, then south southwest to the Salmon Bank Buoy, and then true west from Salmon Bank Buoy to the Area 7 boundary - Closed to fishing for salmon July 1 - July 31.

     (b) Waters of Area 7 in Rosario Strait and the eastern portion of the Strait of Juan de Fuca southerly of a line running true south from the westernmost point on Fidalgo Head to Burrows Island, then westerly and southerly along the shore of Burrows Island to the Burrows Island Lighthouse, then to the Bird Rocks Buoy, then true west from Bird Rocks Buoy to Decatur Island, and then along the eastern shore of Decatur Island to the southernmost point on Decatur Island, then across Lopez Pass to Lopez Island and following the shore of Lopez Island southerly and westerly to Iceberg Point, then from Iceberg Point to Cattle Point, then south southwest to the Salmon Bank Buoy, and then true west from the Salmon Bank Buoy to the Area 7 boundary - Closed to fishing for salmon August 1 - September 30.

[Statutory Authority: RCW 75.08.080 and 77.12.040.      99-15-081 (Order 99-102), § 220-56-195, filed 7/20/99, effective 8/20/99; 98-15-081 (Order 98-122), § 220-56-195, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080 and 75.12.040. 97-18-035, § 220-56-195, filed 8/27/97, effective 9/27/97.      Statutory Authority: RCW 75.08.080.      96-11-078 (Order 96-44), § 220-56-195, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), § 220-56-195, filed 5/31/95, effective 7/1/95; 94-14-069, § 220-56-195, filed 7/1/94, effective 8/1/94; 93-14-043 (Order 93-36), § 220-56-195, filed 6/29/93, effective 7/30/93; 92-11-012 (Order 92-19), § 220-56-195, filed 5/12/92, effective 6/12/92; 90-06-026, § 220-56-195, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-195, filed 3/16/89; 88-10-013 (Order 88-15), § 220-56-195, filed 4/26/88; 87-09-066 (Order 87-16), § 220-56-195, filed 4/21/87; 86-09-020 (Order 86-08), § 220-56-195, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-195, filed 4/9/85; 83-07-043 (Order 83-16), § 220-56-195, filed 3/17/83; 82-13-040 (Order 82-61), § 220-56-195, filed 6/9/82; 80-03-064 (Order 80-12), § 220-56-195, filed 2/27/80, effective 4/1/80.]


NEW SECTION


     The following sections of the Washington Administrative Code are recodified as follows:


Old WAC Number New WAC Number
220-56-190 232-28-620
220-56-191 232-28-621

REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-56-103 Definitions -- Landlocked chinook and coho.
WAC 220-56-205 Hook rules -- Nonbuoyant lures and night closures.

OTS-4044.3


AMENDATORY SECTION(Amending Order 95-10, filed 1/30/95, effective 5/1/95)

WAC 220-56-116
Salmon -- ((Barbless)) Marine waters hook((s)) rules.

(1) It is unlawful to use barbed hooks while angling for salmon 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.

     (2) It is unlawful to fish for salmon in Catch Record Card Areas 1 through 4 except with single point barbless hooks other than in the Westport and Ocean Shores boat basins, which have special terminal gear restrictions as provided for in WAC 220-56-123.

[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 (Order 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.]

OTS-4027.1


AMENDATORY SECTION(Amending Order 99-102, filed 7/20/99, effective 8/20/99)

WAC 220-56-123
Unlawful provisions -- Westport and Ocean Shores Boat Basins.

During the period August 16 through January 31, in the waters of the Westport and Ocean Shores Boat Basins:

     (1) It is unlawful to fish for or possess salmon taken for personal use using any gear other than the gear provided for in this section:

     (a) Nonbuoyant lures are defined as lures that do not have enough buoyancy to float in freshwater.      Nonbuoyant lures other than natural bait lures must have no more than one single hook and that hook may not exceed 3/4 inch from point to shank.      Nonbuoyant natural bait lures may have no more than two single hooks each of which may not exceed 3/4 inch from point to shank.

     (b) Buoyant lures are defined as lures that have enough buoyancy to float in freshwater and may have any number of hooks.

     (c) No leads, weights, or sinkers may be attached below or less than 12 inches above a lure.

     (d) All hooks must be attached within 3 inches of the bait or lure.

     (2) It is unlawful to fish for or possess food fish or shellfish from one hour after official sunset to one hour before official sunrise.

     (3) It is unlawful to use baitfish jigger gear.

[Statutory Authority: RCW 75.08.080 and 77.12.040.      99-15-081 (Order 99-102), § 220-56-123, filed 7/20/99, effective 8/20/99.      Statutory Authority: RCW 75.08.080.      94-14-069, § 220-56-123, filed 7/1/94, effective 8/1/94.]


AMENDATORY SECTION(Amending Order 98-122, filed 7/15/98, effective 8/15/98)

WAC 220-56-199
Closed areas -- Chinook salmon angling.

((East San Juan Islands - During the period August 16 through September 30,)) Chinook ((release required south and east of the following line: A line running west from Sandy Point to Johnson Point at the easternmost tip of Sucia Island, then south to Point Thompson on northern Orcas Island, then southeast along Orcas Island around Lawrence Point following the shoreline southwest to Deer Point, then due south to Blakely Island, and south following the shoreline of Blakely Island to the southernmost point on Blakely Island, then across Thatcher Pass to Fauntleroy Point, and along the eastern shore of Decatur Island to the southernmost point on Decatur Island, across Lopez Pass and following the shore of Lopez Island to Point Colville, along the southern shoreline of Lopez Island to Iceberg Point, and from Iceberg Point northwest to Long Island, and then due south from Long Island to the intersection with the Area 6/7 boundary line. See Bellingham Bay Fishery for exception)) only closures - None.

[Statutory Authority: RCW 75.08.080 and 77.12.040.      98-15-081 (Order 98-122), § 220-56-199, filed 7/15/98, effective 8/15/98.      Statutory Authority: RCW 75.08.080.      95-12-027 (Order 95-46), § 220-56-199, filed 5/31/95, effective 7/1/95; 88-10-013 (Order 88-15), § 220-56-199, filed 4/26/88; 85-09-017 (Order 85-20), § 220-56-199, filed 4/9/85.]


AMENDATORY SECTION(Amending Order 00-29, filed 3/29/00, effective 5/1/00)

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 1 through May 31.

     (b) Brown Point (DNR 57-B): Open January 1 through June 30.

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

     (d) Camano Island State Park: Open May 16 through June 15.

     (e) Cline Spit: Closed the entire year.

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

     (g) 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:

     (i) State-owned tidelands from a row of tires at Camp Discovery south approximately 2,000 feet to a second row of tires.

     (ii) State-owned tidelands beginning approximately 3/4 mile north of Camp Harmony extending approximately 1,200 feet north.

     (iii) State-owned tidelands from markers and signs posted immediately north of the community of Lindsays Beach north to a line immediately north of Broad Spit identified by markers and signs.

     (h) Dosewallips State Park: Open March 1 through May 31 only in area defined by boundary markers and signs posted on the beach.

     (i) 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.

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

     (k) Eagle Creek: Open January 1 through April 30.

     (l) Fort Flagler State Park: Open April 1 through June 30.

     (m) Frye Cove - Open January 1 through May 31.

     (n) 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.

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

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

     (q) Hope Island State Park (South Puget Sound): Closed the entire year.

     (r) Illahee State Park: Open May 1 through May 31.

     (s) Kayak Point County Park: Closed the entire year except mussels open the entire year.

     (t) Kitsap Memorial State Park: Open June 1 through June 15.

     (u) Kopachuck State Park: May 1 through May 15.

     (v) 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.

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

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

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

     (z) 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 Tidelands on the east side of North Bay north of the power transmission lines and south of the power transmission lines for 1,600 feet.

     (aa) North Sequim Bay State Park - Open May 16 through June 15.

     (bb) Oak Bay County Park: Open June 1 through July 15.

     (cc) Oyster Reserves: Puget Sound and Willapa Bay state oyster reserves are closed the entire year except as follows:

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

     (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 open the entire year.

     (iii) Oakland Bay: Tidelands at the north end of Oakland Bay and on the channel of the northwest shore of the Bayshore Peninsula between department markers open March 1 through September 30.

     (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.

     (dd) Penrose Point State Park: Closed the entire year.

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

     (ff) Pillar Point County Park: Open November 1 through April 30.

     (gg) Pitship Point: Closed the entire year.

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

     (ii) Point Whitney (excluding Point Whitney Lagoon): May 16 through May 31.

     (jj) Point Whitney Lagoon: Open June 1 through June 15.

     (kk) Port Townsend Ship Canal: Open April 1 through June 15.

     (ll) Potlatch DNR tidelands: Open March 1 through June 30.

     (mm) Potlatch East: Open March 1 through June 30.

     (nn) Potlatch State Park: Open March 1 through June 30.

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

     (pp) 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 September 30, daily from official sunrise to official sunset only.

     (qq) Rendsland Creek: Open January 1 through April 30.

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

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

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

     (uu) Seahurst County Park: Closed the entire year.

     (vv) Sequim Bay State Park - Open May 1 through June 30.

     (ww) Shine Tidelands: Open January 1 through April 30.

     (xx) South Indian Island County Park: Open January 1 through April 30.

     (yy) Spencer Spit State Park: Open April 1 through July 31.

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

     (aaa) Triton Cove Oyster Farm: Open July 1 through August 15.

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

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

     (ddd) West Dewatto: DNR Beach 44A is open January 1 through March 31.

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

     (fff) Wolfe Property State Park: Open January 1 through June 15.

     (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, 77.12.040.      00-08-038 (Order 00-29), § 220-56-350, filed 3/29/00, effective 5/1/00; 99-08-029 (Order 99-13), § 220-56-350, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-350, filed 2/26/98, effective 5/1/98.      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, filed 5/31/95, effective 7/1/95; 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 00-29, filed 3/29/00, effective 5/1/00)

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: ((Open)) 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:

     (i) State-owned tidelands from a row of tires at Camp Discovery south approximately 2,000 feet to a second row of tires.

     (ii) State-owned tidelands beginning approximately 3/4 mile north of Camp Harmony extending approximately 1,200 feet north.

     (iii) State-owned tidelands from markers and signs posted immediately north of the community of Lindsays Beach north to a line immediately north of Broad Spit identified by markers and signs.

     (c) Dosewallips State Park: Open March 1 through July 31 only in areas defined by boundary markers and signs posted on the beach.

     (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) Eagle Creek: Open January 1 through May 31.

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

     (g) Illahee State Park: Open May 1 through May 31.

     (h) Kitsap Memorial State Park: Open June 1 through July 15.

     (i) Kopachuck State Park: Open May 1 through May 31.

     (j) 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.

     (k) Mystery Bay: Open October 1 through April 30.

     (l) 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 except for state-owned tidelands on the east side of North Bay north of the power transmission lines and south of the power transmission lines for 1,600 feet.

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

     (i) North Bay - State-owned reserves on the east side of North Bay north of the power transmission lines.

     (ii) 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.

     (n) Penrose Point State Park: Open May 1 through June 30.

     (o) Point Whitney (excluding Point Whitney Lagoon): Open April 1 through July 15.

     (p) Potlatch East: Open March 1 through June 30.

     (q) Potlatch State Park: Open March 1 through June 30.

     (r) 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 September 30, daily from official sunrise to official sunset, only.

     (s) Scenic Beach State Park: Open April 16 through July 15.

     (t) Triton Cove Oyster Farm: Open May 1 through August 30.

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

     (v) West Dewatto: DNR Beach 44A is open January 1 through August 31.

     (w) 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.

     (x) Wolfe Property State Park: Open January 1 through June 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, 77.12.040.      00-08-038 (Order 00-29), § 220-56-380, filed 3/29/00, effective 5/1/00; 99-08-029 (Order 99-13), § 220-56-380, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-380, filed 2/26/98, effective 5/1/98.      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, filed 5/31/95, effective 7/1/95; 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.]

OTS-4032.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 220-57-001 Freshwater seasons and daily limits.
WAC 220-57-120 Bear River.
WAC 220-57-125 Big Beef Creek.
WAC 220-57-130 Bogachiel River.
WAC 220-57-135 Calawah River.
WAC 220-57-137 Carbon River.
WAC 220-57-13701 Cascade River.
WAC 220-57-138 Chambers Creek.
WAC 220-57-140 Chehalis River.
WAC 220-57-145 Cispus River.
WAC 220-57-150 Clallam River.
WAC 220-57-155 Clearwater River (Jefferson County).
WAC 220-57-160 Columbia River.
WAC 220-57-165 Copalis River.
WAC 220-57-170 Coweeman River.
WAC 220-57-175 Cowlitz River.
WAC 220-57-180 Curley Creek (Kitsap County).
WAC 220-57-181 Dakota Creek.
WAC 220-57-185 Deep Creek (Clallam County).
WAC 220-57-187 Deep River (Wahkiakum County).
WAC 220-57-190 Deschutes River.
WAC 220-57-195 Dewatto Creek.
WAC 220-57-200 Dickey River.
WAC 220-57-205 Dosewallips River.
WAC 220-57-210 Duckabush River.
WAC 220-57-215 Dungeness River.
WAC 220-57-225 East Twin River.
WAC 220-57-230 Elk River.
WAC 220-57-235 Elochoman River.
WAC 220-57-240 Elwha River.
WAC 220-57-245 Grande Ronde River.
WAC 220-57-250 Grays River.
WAC 220-57-255 Green River (Cowlitz County).
WAC 220-57-260 Green (Duwamish) River (King County).
WAC 220-57-265 Hamma Hamma River.
WAC 220-57-270 Hoh River.
WAC 220-57-275 Hoko River.
WAC 220-57-280 Hoquiam River -- All forks.
WAC 220-57-285 Humptulips River.
WAC 220-57-290 Icicle River.
WAC 220-57-295 Joe Creek (Grays Harbor County).
WAC 220-57-300 Johns River.
WAC 220-57-305 Kalaloch Creek.
WAC 220-57-310 Kalama River.
WAC 220-57-313 Kennedy Creek.
WAC 220-57-315 Klickitat River.
WAC 220-57-319 Lewis River.
WAC 220-57-321 Little White Salmon River (Drano Lake).
WAC 220-57-325 Lyre River.
WAC 220-57-326 McAllister Creek.
WAC 220-57-327 McLane Creek.
WAC 220-57-330 Morse Creek (Clallam County).
WAC 220-57-335 Naselle River.
WAC 220-57-340 Nemah River.
WAC 220-57-341 Newaukum River -- Including south fork.
WAC 220-57-342 Niawiakum River.
WAC 220-57-345 Nisqually River.
WAC 220-57-350 Nooksack River.
WAC 220-57-355 North River.
WAC 220-57-365 Palix River.
WAC 220-57-370 Puyallup River.
WAC 220-57-375 Pysht River.
WAC 220-57-380 Quilcene (Big Quilcene) River.
WAC 220-57-385 Quillayute River.
WAC 220-57-390 Quinault River.
WAC 220-57-395 Salmon Creek (Clark County).
WAC 220-57-400 Salmon River (Jefferson County).
WAC 220-57-405 Samish River.
WAC 220-57-410 Sammamish River (Slough).
WAC 220-57-415 Satsop River -- Mainstem and east fork.
WAC 220-57-420 Sekiu River.
WAC 220-57-425 Skagit River.
WAC 220-57-427 Skamokawa Creek.
WAC 220-57-430 Skokomish River.
WAC 220-57-432 Skookumchuck River.
WAC 220-57-435 Skykomish River.
WAC 220-57-440 Smith Creek (Pacific County).
WAC 220-57-445 Snake River.
WAC 220-57-450 Snohomish River.
WAC 220-57-455 Snoqualmie River.
WAC 220-57-460 Sol Duc River.
WAC 220-57-462 Soos Creek.
WAC 220-57-465 Stillaguamish River.
WAC 220-57-470 Tahuya River.
WAC 220-57-473 Tilton River.
WAC 220-57-475 Tolt River.
WAC 220-57-480 Toutle River -- North Fork.
WAC 220-57-485 Tucannon River.
WAC 220-57-490 Union River.
WAC 220-57-493 Wallace River.
WAC 220-57-495 Washougal River.
WAC 220-57-497 Wenatchee River.
WAC 220-57-500 West Twin River.
WAC 220-57-502 Whatcom Creek.
WAC 220-57-505 White Salmon River.
WAC 220-57-510 Willapa River.
WAC 220-57-515 Wind River.
WAC 220-57-520 Wishkah River.
WAC 220-57-525 Wynoochee River.

OTS-4031.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 220-57A-001 General provisions -- Lakes.
WAC 220-57A-005 American Lake (Pierce County).
WAC 220-57A-010 Armstrong Lake (Snohomish County).
WAC 220-57A-012 Baker Lake (Whatcom County).
WAC 220-57A-015 Banks Lake (Grant County).
WAC 220-57A-017 Big Lake (Skagit County).
WAC 220-57A-020 Bosworth Lake.
WAC 220-57A-025 Campbell Lake (Skagit County).
WAC 220-57A-030 Capitol Lake.
WAC 220-57A-035 Chelan Lake (Chelan County).
WAC 220-57A-037 Clear Lake (Pierce County).
WAC 220-57A-040 Cushman Lake (Mason County).
WAC 220-57A-045 Davisson Lake (Riffe) (Lewis County).
WAC 220-57A-050 Deep Lake (Grant County).
WAC 220-57A-055 Deep Lake (King County).
WAC 220-57A-065 Duck Lake (Grays Harbor County).
WAC 220-57A-070 East Medical Lake (Spokane County).
WAC 220-57A-075 Flowing Lake (Snohomish County).
WAC 220-57A-080 Goodwin Lake (Snohomish County).
WAC 220-57A-082 (Upper) Goose Lake (Grant County).
WAC 220-57A-085 Green Lake (King County).
WAC 220-57A-090 Hewitt Lake (Thurston County).
WAC 220-57A-095 Hicks Lake (Thurston County).
WAC 220-57A-100 Lower Goose Lake (Grant County).
WAC 220-57A-105 Martha Lake (Snohomish County).
WAC 220-57A-110 Mayfield Lake (Lewis County).
WAC 220-57A-112 McMurray Lake (Skagit County).
WAC 220-57A-115 Meridian Lake (King County).
WAC 220-57A-120 Merwin Lake (Reservoir).
WAC 220-57A-125 Ozette Lake.
WAC 220-57A-130 Park Lake (Grant County).
WAC 220-57A-135 Roesiger Lake.
WAC 220-57A-140 Roosevelt Lake (Ferry County).
WAC 220-57A-145 Sammamish Lake.
WAC 220-57A-150 Serene Lake (Snohomish County).
WAC 220-57A-152 Shannon Reservoir (Skagit County).
WAC 220-57A-155 Shoecraft Lake (Snohomish County).
WAC 220-57A-160 Sprague Lake (Lincoln County).
WAC 220-57A-165 St. Clair (Thurston County).
WAC 220-57A-170 Storm Lake (Snohomish County).
WAC 220-57A-175 Lake Washington.
WAC 220-57A-180 Washington Ship Canal, Lake (including Lake Union).
WAC 220-57A-183 Lake Wenatchee.
WAC 220-57A-185 Wilderness Lake (King County).
WAC 220-57A-190 Wynoochee Reservoir (Grays Harbor County).

OTS-4029.1


AMENDATORY SECTION(Amending Order 99-13, filed 3/30/99, effective 5/1/99)

WAC 232-12-001
Definition of terms.

Definitions used in rules of the commission are defined in RCW 77.08.010.      In addition, unless otherwise provided:

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

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

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

     (4))) A "valid" license, permit, tag, stamp or catch record card means a license, permit, tag, stamp, or catch record card that was issued to the bearer for the current season and is required to hunt, fish or possess wildlife and has not been altered except as provided by rule of the commission.

     (((5) "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; and 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, filed off, or pinched down.

     (6))) (2) "Falconry" means possession, control, or use of a raptor for the purpose of hunting and free flight training.

     (((7))) (3) "Anadromous game fish" means:

     (a) Steelhead trout, Oncorhynchus mykiss, defined as any searun rainbow trout over twenty inches in length

     (b) Searun cutthroat, Oncorhynchus clarkii

     (c) Searun Dolly Varden, Salvelinus malma

     (((8))) (4) "Handgun" means any pistol, revolver or short firearm with a barrel length of less than sixteen inches and does not have a shoulder stock.

     (((9) "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, that does not float in freshwater.

     (10) "Bait" means any substance which attracts fish or wildlife by scent and/or flavor.      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 or wildlife.

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

     (12) "Daily limit" means the maximum number of game fish which a person may legally retain in a single day.

     (13) "Boat fishing" means fishing while in or on a boat, raft, or any other floating device.

     (14) "Catch-and-release" means a type of angling where none of the fish caught are retained by the angler.

     (15) "Fish in possession" means any fish retained, secure from escape, whether dead or alive.      Bass or Walleye may be caught, retained, and released alive from a livewell until a daily limit is in possession.

     (16) "Mouth" of stream, river, or slough means those waters upstream of a line projected between the outermost uplands at the mouth.      Outermost uplands means those lands are not covered by water during an ordinary high water.

     (17) Fish length means the length of a fish measured from snout to tip of tail not fork.

     (18) Slough means any swamp, marsh, bog, pond, side-channel, or backwater connected to a river by water.      Many waters commonly called sloughs are not connected to a river and, therefore, are considered lakes.

     (19) "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.

     (20) "Seasonal wild steelhead limit" means the maximum number of wild steelhead trout any one angler may retain from May 1, 1998, through April 30, 1999; May 1, 1999, through March 31, 2000; and thereafter April 1st through the following March 31st.

     (21) "Wild steelhead" means a steelhead trout that does not have the adipose or a ventral fin removed and a healed scar at the removal site.

     (22) "Fresh" means game fish that are refrigerated, iced, salted, or surface glazed.

     (23) "Frozen" means a game fish that is hard frozen throughout.

     (24) "Processed" means a game fish that has been processed by heat for human consumption as kippered, smoked, boiled or canned.

     (25) "Juvenile" means a person under fifteen years old.

     (26) "Wild" when used to describe the difference between a hatchery fish and a nonhatchery fish means a fish with all fins intact.

     (27) "Hatchery" when used to described the difference between a hatchery fish and a nonhatchery fish means a fish missing an adipose fin or a ventral fin with a healed scar at the location of the missing fin.))

[Statutory Authority: RCW 75.08.080 and 77.12.040.      99-08-029 (Order 99-13), § 232-12-001, filed 3/30/99, effective 5/1/99.      Statutory Authority: 1998 c 191 and RCW 75.08.080.      99-03-029 (Order 99-02), § 232-12-001, filed 1/13/99, effective 2/13/99.      Statutory Authority: RCW 75.08.080 and 75.12.040.      97-18-035, § 232-12-001, filed 8/27/97, effective 9/27/97.      Statutory Authority: RCW 77.12.040.      97-07-076 (Order 97-50), § 232-12-001, filed 3/19/97, effective 5/1/97; 96-11-079 (Order 96-45), § 232-12-001, filed 5/13/96, effective 6/13/96; 95-05-008 (Order 95-11), § 232-12-001, filed 2/1/95, effective 5/1/95.      Statutory Authority: RCW 77.04.055 and 77.12.040.      93-21-070 (Order 617), § 232-12-001, filed 10/20/93, effective 4/16/94; 92-01-084 (Order 524), § 232-12-001, filed 12/16/91, effective 4/16/92.      Statutory Authority: RCW 77.12.040.      89-10-026 (Order 387), § 232-12-001, filed 4/26/89.      Statutory Authority: RCW 77.12.040 and 77.16.010.      86-21-017 (Order 280), § 232-12-001, filed 10/6/86.      Statutory Authority: RCW 77.12.040.      81-22-002 (Order 174), § 232-12-001, filed 10/22/81; 81-12-029 (Order 165), § 232-12-001, filed 6/1/81.      Formerly WAC 232-12-010.]

OTS-4024.2


AMENDATORY SECTION(Amending Order 00-29, filed 3/29/00, effective 5/1/00)

WAC 232-12-619
Permanent Washington state-wide game fish ((regulations)) rules.

The following state-wide ((regulations)) rules apply to all waters unless modified under regional regulation exceptions.

     (1) Fishing seasons open at 12:01 a.m. on the first day and close at 11:59 p.m. on the last day and fishing is allowed 24 hours per day.

     (2) It is unlawful to:

     (a) Use a gaff hook to land game fish.

     (b) Take bullfrogs except by angling, hand dip netting, spearing (gigging) or with bow and arrow.

     (c) Feed or use any substance to attract game fish unless specifically authorized by special regulations.

     (d) Fish for game fish with a bow and arrow or spear.

     (e) Possess fish which are under the minimum size or over the maximum size as shown in general or ((special regional regulations)) exceptions to state-wide rules.

     (3) Seasonal steelhead limit: Each angler who possesses a valid steelhead catch record card may not retain more than thirty steelhead April 1st through the following March 31st.

     (4) Military personnel, regardless of the length of time in the state of Washington, who are permanently stationed at a military installation within the state, are entitled to purchase a resident license.      Military personnel must have a license to fish for game fish anywhere in the state.      Dependents must establish a ninety-day residency.

     (5) ((Selective gear rules: In waters designated as being under selective gear rules, only artificial flies with a barbless single hook or lures with a barbless single hook are lawful.      It is unlawful to use bait.      Fish may be released until the daily limit is retained.      It is unlawful to fish from any floating device equipped with a motor, unless specifically allowed under special rules for individual waters.

     (6) Night closure: In waters designated as having a night closure, it is unlawful to fish from one hour after official sunset to one hour before official sunrise.

     (7))) Wild cutthroat release: In waters requiring a wild cutthroat release, it is unlawful to possess any cutthroat that does not have a missing adipose fin and a healed scar in the location of the missing fin.

     (((8))) (6) Wild steelhead release: In waters requiring wild steelhead release, it is unlawful to possess any steelhead trout that does not have a missing adipose or ventral fin and a healed scar at the location of the missing fin.

     (((9))) (7) Free fishing weekend: The Saturday and Sunday following the first Monday in June is declared as free fishing weekend in Washington.      On this weekend a fishing license is not required for any person, regardless of residency or age, to fish for or possess game fish and a fish and wildlife lands vehicle use permit is not required to utilize department parking facilities, except that it is unlawful to fish for or possess steelhead trout without the required catch record card.      During free fishing weekend only the licensing requirement is affected, and all other rules remain in effect.

     (((10))) (8) Trout taken with bait: When fishing with bait, all trout equal to or greater than the minimum size are counted as part of the daily limit, whether kept or released, except steelhead trout may be caught and released while using bait until the daily limit is retained.

     (((11))) (9) Fish taken with artificial flies and lures: Where use of bait is prohibited, or where artificial flies or lures are used voluntarily, fish may be released until the daily limit is retained.      If any fish has swallowed the hook or is hooked in the gill, eye or tongue, it should be kept if legal to do so.

     (((12))) (10) Burbot taken with set line: Where use of a set line is allowed for burbot, a single set line identified with the fisher's name and address and a maximum of five hooks may be used.

     (((13))) (11) Rainbow trout taken from landlocked lakes: Rainbow trout taken from landlocked lakes shall not be considered steelhead and no catch record card is required.

     (((14))) (12) OPEN SEASONS:


LAKES, PONDS,

AND RESERVOIRS:

YEAR AROUND, unless specified otherwise under exceptions to state-wide rules.
RIVERS, STREAMS

AND BEAVER PONDS:

JUNE 1 THROUGH OCTOBER 31, unless specified otherwise under exceptions to state-wide rules.
Note: The date set for "traditional" April openers for Lakes, Ponds, and Reservoirs for this year and future years is the last Saturday in April.


     (((15))) (13) Daily limits and minimum sizes:


GAME FISH

SPECIES

DAILY LIMIT MINIMUM SIZE

LIMIT

BASS Five - not more than three over fifteen inches


Bass may be caught, retained, and released alive from a livewell until a daily limit is in possession.

None
GRASS CARP.... It is unlawful to fish for or retain grass carp.
TROUT

(except Eastern Brook trout)

A total of five trout, of which no more than two may be from Rivers, Streams, and Beaver Ponds.
None in Lakes, Ponds, and Reservoirs.
No more than two of the trout daily catch limit of 5 may be Steelhead.
Eight inches in Rivers, Streams, and Beaver Ponds.
EASTERN BROOK TROUT

(Salvelinus

fontinalis)

Five - to be considered part of the trout daily catch limit.
None
BURBOT
Five
None
CHANNEL

CATFISH

Five if taken from lakes, ponds or reservoirs. Twelve inches if taken in lakes, ponds or reservoirs with no more than one greater than 24 inches in length.
     (a) The following game fish species are managed as trout:


     Eastern brook trout

     Brown trout

     Cutthroat trout

     Dolly Varden/Bull trout

     Golden trout

     Grayling

     Kokanee/Silver trout

     Lake trout

     Landlocked Atlantic salmon

     Rainbow trout/Steelhead

     Landlocked chinook and coho


     (b) Wild steelhead release is required year-round.


     (c) All waters, state-wide, are CLOSED YEAR AROUND to fishing for or retaining Dolly Varden/Bull Trout.


Where exceptions to the above closure for Dolly Varden/Bull Trout occur under individual listings in the exceptions to state-wide rules, Dolly Varden/Bull Trout count as part of the combined trout daily limit of five.


WALLEYE Five, not more than one over twenty-four inches Eighteen inches
Walleye may be caught, retained, and released alive from a livewell until a daily limit is in possession.
WHITEFISH Fifteen None
ALL OTHER

GAME FISH

No Limit None


BULLFROGS No Limit None
     (((16))) (14) Seasonal wild steelhead limits.      From April 1st through the following March 31st:

     (a) It is unlawful for any person to retain more than two wild steelhead from the Hoh River, including the mainstem, south fork and tributaries thereto.

     (b) It is unlawful for any person to retain more than ten wild steelhead in the aggregate from all of the following rivers and tributaries thereto:

     (i) Bogachiel River.

     (ii) Calawah River.

     (iii) Dickey River.

     (iv) Sol Duc River.

     (v) Quillayute River.

     (c) It is unlawful for any person to retain more than ten wild steelhead from the Clearwater River.

     (((17))) (15) Possession limit.      Except as otherwise provided, the possession limit is two daily limits in fresh, frozen or processed form.

     (((18) River mouths.      River mouths that differ from the general definition are defined in WAC 220-56-105.

     (19) Nonbuoyant lure and night closure restriction: In the waters defined in WAC 220-56-205 and during the periods shown, it is unlawful to use a nonbuoyant lure that has more than one single hook or has a hook measuring more than 3/4 inch point to shank and a night closure is in effect.

     (20) Landlocked chinook and coho.      In the waters defined in WAC 220-56-103 chinook and coho salmon are defined as landlocked. A freshwater license is required to fish for these species and a catch record card is not required.      Season, daily limit and size restriction rules for landlocked chinook and coho are the same as trout rules except Lake Chelan.      The angler's combined catch of trout and landlocked salmon applies towards the trout limit.)) (16) Marine waters rules: These rules apply to all marine waters contained within the boundaries of Washington state, within Puget Sound, Hood Canal, the Strait of Juan de Fuca, the San Juan Islands, the Straight of Georgia, and the Pacific Ocean, including estuaries (river mouths) from salt water upstream to a line between the outermost headlands measured at the highest high tide (usually the debris line furthest inshore on surrounding beaches), unless otherwise described under area regulations (see individual areas, below):

     (a) Fishing hours: Twenty-four hours per day year around except those waters of Area 10 west of the Lake Washington Ship Canal to a north-south line 175 feet west of the Burlington-Northern Railroad Bridge are closed waters.

     (b) License requirements: A valid current Washington state department of fish and wildlife saltwater license, and, if appropriate, a sport catch record card, is required to fish for game fish including steelhead in marine waters. All steelhead taken from marine areas shall be entered on the catch record card using the words Marine Area and followed by the appropriate marine area code number.

     (c) Gear restrictions: Angling gear only, and in those waters of Area 10 downstream of the First Avenue South Bridge to an east-west line through southwest Hanford Street on Harbor Island and parallel to southwest Spokane Street where it crosses Harbor Island, nonbuoyant lure restriction July 1 through November 30. In all areas, underwater spearfishing, spearing, gaffing, clubbing, netting, or trapping game fish is unlawful.

     (d) All species: Release all fish except up to two hatchery steelhead may be retained per day.

[Statutory Authority: RCW 75.08.080, 77.12.040.      00-08-038 (Order 00-29), § 232-12-619, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), § 232-12-619, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), § 232-12-619, filed 3/30/99, effective 5/1/99.      Statutory Authority: 1998 c 191 and RCW 75.08.080.      99-03-029 (Order 99-02), § 232-12-619, filed 1/13/99, effective 2/13/99.      Statutory Authority: RCW 77.12.040 and 75.08.080.      98-06-031, § 232-12-619, filed 2/26/98, effective 5/1/98.      Statutory Authority: RCW 75.08.080 and 75.12.040.      97-18-035, § 232-12-619, filed 8/27/97, effective 9/27/97.      Statutory Authority: RCW 77.12.040.      97-07-076 (Order 97-50), § 232-12-619, filed 3/19/97, effective 5/1/97; 96-11-079 (Order 96-45), § 232-12-619, filed 5/13/96, effective 6/13/96; 95-17-063 (Order 95-103), § 232-12-619, filed 8/15/95, effective 9/15/95; 95-05-008 (Order 95-11), § 232-12-619, filed 2/1/95, effective 5/1/95.      Statutory Authority: RCW 77.04.055 and 77.12.040.      93-21-070 (Order 617), § 232-12-619, filed 10/20/93, effective 4/16/94.      Statutory Authority: RCW 77.12.040.      93-10-054 (Order 600), § 232-12-619, filed 4/30/93, effective 5/31/93.      Statutory Authority: RCW 77.04.055 and 77.12.040.      92-01-084 (Order 524), § 232-12-619, filed 12/16/91, effective 4/16/92.]

OTS-4028.3


AMENDATORY SECTION(Amending Order 00-29, filed 3/29/00, effective 5/1/00)

WAC 232-28-619
Washington food fish and game fish -- Freshwater exceptions to state-wide rules.

(1) All freshwater streams and lakes not listed as open for salmon fishing are closed.

     (2) County freshwater exceptions to state-wide rules:

     (a) Adams and Grant counties: All seasons in specific freshwater exceptions to state-wide rules apply to inlet and outlet streams of named lakes in Grant and Adams counties.

     (b) Adams, Douglas, Franklin, Grant, and Okanogan counties, except Zosel Dam (Okanogan River): Lawful to fish to base of all dams.

     (c) Benton County: Rivers, streams and beaver ponds open year around.

     (d) Ferry and Lincoln counties: Except those tributaries listed under specific water exceptions to state-wide rules, all tributaries to Lake Roosevelt between Grand Coulee Dam and the State Highway 25 Bridge at Northport except Barnaby and Nancy creeks: Trout: Daily limit 5, no minimum size.

     (e) Kitsap County and Mason County on Tahuya Peninsula west of Belfair-Bremerton Highway (S.R. 3): Beaver ponds: Last Saturday in April through October 31 season.      Trout: No minimum length.

     (((2))) (3) Specific freshwater exceptions to state-wide rules:


Aberdeen Lake (Grays Harbor County): Last Saturday in April through October 31 season.


Abernathy Creek (Cowlitz County):

     From mouth to a point five hundred feet downstream from salmon hatchery: June 1 through March 15 season.      Trout: Minimum length twelve inches.      Release wild cutthroat.      Release all steelhead June 1 through October 31.

     From Abernathy Falls to posted markers five hundred feet downstream from salmon hatchery: Closed waters.


Aeneas Lake (Okanogan County): Last Saturday in April through October 31 season.      Fly fishing only.      Fishing from a floating device equipped with a motor prohibited.      Trout: Daily limit one.


Ahtanum Creek, including North and Middle Forks (Yakima County): Selective gear rules.      North Fork from Grey Rock Trailhead Bridge crossing to Shellneck Creek: Closed waters.


Alder Creek (Cowlitz County): Closed waters.


Alder Lake (Reservoir) (Pierce/Thurston counties): Bass: Release fish 12 to 17 inches in length.      Only one fish over 17 inches in length may be retained.


Aldrich Lake (Mason County): Last Saturday in April through October 31 season.


Aldwell Lake (Clallam County): Last Saturday in April through October 31 season.      Selective gear rules except fishing from a floating device equipped with a motor permitted.      Trout: Daily limit two, minimum length twelve inches.


Alexander Lake (Kitsap County): Closed waters.


Alkali Lake (Grant County): Crappie: Not more than five greater than eight inches in length.      Bluegill: Not more than five greater than s