PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-20-010.
Title of Rule: Personal use rules.
Purpose: Provide for fly fishing disability permits.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Allows holders of disability permits to use certain spin gear in fly fishing only waters.
Reasons Supporting Proposal: Accommodates disabled community.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.
Name of Proponent: Washington State Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule will allow persons who [are] disabled to use spin gear in fly fishing only waters, subject to verification of disability and under the same fly fishing guidelines as conventional fly fishers. This proposal responds to a constituent who was unable to use conventional fly gear in an eastern Washington lake, but who wanted to participate in the fly fishery. It is unknown how many persons would take advantage of this opportunity, so the anticipated effects on the relatively few fly fishing only waters is unknown.
Proposal Changes the Following Existing Rules: Provides opportunity for disabled fishers.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal affects recreational fishers, not small businesses.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Best Western Hotel, 15901 West Valley Road, Tukwila, WA, on February 9-10, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by December [January] 23, 2001, TDD (360) 902-2207, or (360) 902-2226.
Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2944, by February 8, 2001.
Date of Intended Adoption: February 9, 2001.
December 29, 2000
Evan Jacoby
Rules Coordinator
OTS-4594.1
AMENDATORY SECTION(Amending Order 95-10, filed 1/30/95,
effective 5/1/95)
WAC 220-56-210
Fly fishing(( -- Food fish)).
(1) It is
unlawful to fish in waters restricted to "fly fishing only" with
the use of:
(a) A fixed spool reel.
(b) Fishing line other than conventional fly line, except that other line may be used for backing and leader if it is attached to not less than 25 feet of conventional fly line.
(c) Monofilament leader greater than fifteen feet in length or with a breaking strength of more than 12 pounds.
(d) Hooks that exceed 1/2 inch when measured from point to shank.
(e) A lure other than a fly with a barbless single hook.
(f) Bait.
(g) Weight attached to the leader or line.
(2) "Fly" means a lure on which thread, feathers, hackle, or yarn cover a minimum of half the shank of the hook. Metallic colored tape, tinsel, mylar, or beadeyes may be used as an integral part of the design of the fly pattern.
(3) Notwithstanding the provisions of this section, persons who have a disability that significantly limits the use of one or both upper extremities may use spinning gear in fly fishing only waters as provided for in this section.
(a) A disabled fisher must apply for a fly fishing disability permit by presenting a letter from a physician stating that the fisher's disability is permanent and that, because of the inability to use one or both upper extremities, the fisher is physically incapable of using conventional fly fishing gear.
(b) The fisher will be issued a fly fishing disability permit in the form of a letter. The fisher must have the disability permit in his or her possession at all times while using spin casting gear in fly fishing only waters.
(c) It is lawful for persons in possession of a fly fishing disability permit to use the following gear:
(i) Fishers may use spin casting gear with a casting bubble.
(ii) Monofilament line is permitted with no limit on the breaking strength of the line, but the leader beyond the bubble may not exceed fifteen feet in length or have a breaking strength greater than 12 pounds.
(iii) Hook size and barb restrictions, fishing fly requirements, and bait and weight prohibitions as provided for in this section apply to both conventional fly fishing and spin-bubble fly fishing.
[Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-210, filed 1/30/95, effective 5/1/95; 80-03-064 (Order 80-12), § 220-56-210, filed 2/27/80, effective 4/1/80.]