PERMANENT RULES
FISH AND WILDLIFE
Date of Adoption: February 10, 2001.
Purpose: Amend personal use rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-56-210.
Statutory Authority for Adoption: RCW 77.12.047.
Adopted under notice filed as WSR 01-02-063 on December 29, 2000.
Changes Other than Editing from Proposed to Adopted Version: Subsection (3), permits limited to "permanent" disability.
Subsection (3)(a), change "disabled fisher" to "fisher with a disability"; change "disability permit" to "special use permit."
Subsection (3)(b), amend to read: The fisher will be issued a fly fishing special use permit in the form of a wearable tag. The fisher must have the special use permit in his or her possession at all times while using spin casting gear in fly fishing only waters, and may display the permit on outer clothing.
Subsection (3)(c), change "disability permit" to "special use permit."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.
March 6, 2000 [2001]
Debbie Nelson
for Russ Cahill, Chair
Fish and Wildlife Commission
OTS-4594.3
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 permanent 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 fisher with a disability must apply for a fly fishing special use 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 special use permit in the form of a wearable tag. The fisher must have the special use permit in his or her possession at all times while using spin casting gear in fly fishing only waters, and may display the permit on outer clothing.
(c) It is lawful for persons in possession of a fly fishing special use 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.]