WSR 01-21-126

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 24, 2001, 10:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-18-076.

Title of Rule: Personal use fishing rules and marine protected areas.

Purpose: Amend 2002-2003 Personal use fishing rules and marine protected areas.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: WAC 220-16-028, redefine dip net to ensure net is operated with a handle. This distinguishes nets operated by lines, such as trawl nets.

WAC 220-16-760, 220-16-770, 220-16-780, 220-16-790 and 220-16-800, define new marine protected areas.

WAC 220-20-010, delete conservation area provision as consolidated in WAC 220-20-100. Prohibit use of chemical irritants to take fish, shellfish and unclassified wildlife, except under permit. This will prohibit the use of bleach to take pile worms for bait.

WAC 220-20-025, make it unlawful to take soft shell crab for commercial purposes. This continues soft shell violations as a crime in the commercial fishery, while it becomes an infraction in the recreational fishery under WAC 220-56-315. Eliminate octopus provision as chemical irritants prohibition has been consolidated in WAC 220-20-010.

WAC 220-20-100, create new section containing all catch provisions for marine protected areas. Scatchet Head reserve allows for crab harvest. Zee's Reef reserve allows fly fishing for salmon.

WAC 220-56-100, clarify that selective gear may use up to three hooks. This clarifies that selective gear follows the statewide recreational gear standard. Define whitefish gear rules in order to apply this definition to waters having a winter whitefish fishery. This standard gear type and all species except whitefish release will reduce confusion.

WAC 220-56-105, define Hawk Creek (Lincoln County) river mouth. This clarifies that waters downstream from the falls are managed under Columbia River rules. Delete Tucannon River mouth definition. The lower river is thus managed as part of the Tucannon River, not the Snake River.

WAC 220-56-115, restrict terminal gear in saltwater to two barbless hooks, except for baitfish jigger gear. This combines the current bottomfish two hook rule with the current salmon barbless hook rule and makes a statewide standard that applies to all saltwater fishing. This will reduce angler confusion.

WAC 220-56-116, makes coastal salmon terminal gear two single barbless hooks, which complies with the federal rule.

WAC 220-56-128, delete marine protected areas as they are consolidated in WAC 220-20-100.

WAC 220-56-210, delete leader restrictions, which will allow use of extremely small flies and increase fishing ability during low water conditions. Clarify that two flies may be used, which will allow the use of dropper flies.

WAC 220-56-235, prohibit taking wolf eels in Areas 4 through 6. Wolf eels in these areas are a nonconsumptive resource for the dive fishery.

WAC 220-56-265, clarify use of dip bag nets. This rule, together with the definition change, will ensure that dip nets are actually used to dip fish, and not used as set nets or trawl gear.

WAC 220-56-270, 220-56-282 and 220-56-285, fishing for smelt, sturgeon, and shad are open only when there is a gamefish or salmon season, unless an exception to statewide rules applies. This will prevent persons fishing for gamefish or salmon when the seasons for these species if closed under the pretext of fishing for smelt, sturgeon and shad.

WAC 220-56-282, extend boating closure below Bonneville Dam by fifteen days to provide additional sturgeon protection. Move sturgeon nonretention into the individual rivers listings in exceptions to statewide rules.

WAC 220-56-307, repealed as shellfish closures are consolidated in WAC 220-20-100.

WAC 220-56-310, require shucking oysters in all Puget Sound to provide a substrate for spat. Clarify spot shrimp provisions to reduce angler confusion. Reduce daily limit on octopus to reduce harvest.

WAC 220-56-315, allow only four shrimp pots per vessel. This will reduce fishing capability from vessels and extend the recreational shrimp seasons. Allow three units of crab gear in the Columbia River to match Oregon rules. Make recreational soft shell crab violation an infraction, because of angler confusion as to what really constitutes a soft shelled crab and inadvertent violations.

WAC 220-56-350, adjust clam seasons based on resource availability.

WAC 220-56-335, make failure to fill in clam hole apply to hard shell clams other than razor clams, because ocean beaches naturally fill razor clam holes. Make filling clam holes, possession of geoduck siphons, undersize hardshell clams and nonretention of horse, geoduck, and eastern soft shell clams an infraction. These offenses are not resource issues.

WAC 220-56-380, adjust oyster seasons based on resource availability.

WAC 220-12-011, delete marine protected areas as consolidated in WAC 220-20-100.

WAC 232-12-019, correct name of northern pikeminnow.

WAC 232-12-147, repeal duplicate terminal gear and hook rule.

WAC 232-12-151, repeal duplicate fly fishing rule.

WAC 232-12-168, clarify that fishing contests apply to licensed anglers, thus exempting juvenile events from having to pay the permit fee. Require fishing contest permittees to use a single name. This will prevent persons from exceeding the allowable number of contests. Increase the prize limit for contests other than bass and walleye to $1,000.

WAC 232-12-272, establish juvenile fishing event rule. This will allow for juvenile fishing competition without a permit fee requirement.

WAC 232-12-619, establish statewide daily limit of one and annual limit of ten wild steelhead for exception to statewide rule waters in which wild steelhead may be retained. This will limit wild steelhead retention. Establish a statewide bass slot limit and reduce harvest of large bass to protect larger bass. Eliminate channel catfish minimum size as this has little effect. Standardize catfish daily limit at 5 fish, which will reduce confusion with reservoirs versus rivers. Change walleye slot limit to protect large walleye.

WAC 232-12-619 [232-28-619], seasonal adjustments to statewide rule exceptions based on resource availability and protection of endangered and threatened species. Bass slot limits are eliminated in favor of the statewide rule. Whitefish gear rules are added as a standard. Geographical boundary changes are made for clarification. Sturgeon openings and closures are listed. Provide for disabled anglers to fish in Columbia Park Pond, juveniles and disabled anglers in Kiwanas Pond, and juveniles only in Pit Lake and Silvernail Lake. Allow electric motors in Rat Lake. Prohibit motorized vessels in upper portion of Satsop River and portion of Wynoochee River. Prohibit internal combustion engines on Silent Lake and Tarboo Lake.

WAC 232-12-621 [232-28-621], restrict terminal gear in the Duwamish waterway salmon fishery to bait suspended below a float. This will reduce snagging.

Reasons Supporting Proposal: See Summary above.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

Name of Proponent: Department of Fish and Wildlife.

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

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

Proposal Changes the Following Existing Rules: See Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules primarily affect sport fishers, not small businesses. The small effect on commercial fishing in the proposed marine protected areas is offset by the fact that the areas are rocky habitat in which the primary target species would be rockfish, but commercial rockfish fishing has been closed in these areas for many years, and, because of the habitat, commercial salmon fishing potential is minimal.

RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Best Inn and Suites, 221 N.E. Chkalov, Vancouver, WA, on December 7-8, 2001, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by November 21, 2001, TDD (360) 902-2207, or (360) 902-2226.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by December 6, 2001.

Date of Intended Adoption: December 7, 2001.

October 24, 2001

Evan Jacoby

Rules Coordinator

OTS-5260.1


AMENDATORY SECTION(Amending Order 83-200, filed 11/30/83, effective 1/1/84)

WAC 220-16-028   Definitions -- Dip bag net.   "Dip bag net" shall be defined as a section of netting distended by a rigid frame and ((includes hand dip nets and smelt rakes)) attached directly to a rigid handle.

[Statutory Authority: RCW 75.08.080. 83-24-024 (Order 83-200), 220-16-028, filed 11/30/83, effective 1/1/84; 79-03-014 (Order 79-11), 220-16-028, filed 2/15/79; Order 1105, 220-16-028, filed 12/28/73; Order 810, 220-16-028, filed 4/17/69. Formerly WAC 220-16-010 (part).]


NEW SECTION
WAC 220-16-760   Keystone Conservation Area.   "Keystone Conservation Area" is defined as lands and waters within a line beginning at the high tide line at the rock jetty at Keystone, south along the jetty to the number 2 light, then due south to the 10 fathom contour line, then northeasterly paralleling the high water line to the intersection with a line projected southerly along the Old Military Wharf, then following the Old Military Wharf line to the high tide line, then along the high tide line to the point of origin.

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NEW SECTION
WAC 220-16-770   Scatchet Head Marine Preserve.   "Scatchet Head Marine Preserve" is defined as tidelands, bedlands and waters within a line beginning on the Whidbey Island shore one nautical mile northeasterly of the green No. 1 flashing light immediately southwest of Scatchet Head, then following the radius of a circle one nautical mile east of the green No. 1 flashing light to a point due south of the light, then due north through the light to the intersection with shore on Whidbey Island, then following the high tide line to the point of origin.

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NEW SECTION
WAC 220-16-780   Admiralty Head Conservation Area.   "Admiralty Head Conservation Area" is defined as waters and bedlands inside a line beginning at the extreme low water line on the west shore of Whidbey Island at 48 09.40' N then northerly along the extreme low water line for 0.6 nautical miles, then due west 400 yards, then southerly parallel to the shore to 48 09.40' N, 122 41.14' W, then due east to the point of origin.

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NEW SECTION
WAC 220-16-790   Zee's Reef Marine Preserve.   "Zee's Reef Marine Preserve" is defined as waters and bedlands inside a line beginning at the extreme low water line on the northeast side of Fox Island at 47 14.56' N, 122 35.98' W, then 0.5 nautical mile northerly along the extreme low water line to 47 14.96' N, 122 36.37' W, then northeasterly 400 yards offshore to 47 15.10' N, 122 36.16' W, then southeasterly parallel to the extreme low water line to 47 14.70' N, 122 35.76' W, then southwesterly to the point of origin.

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NEW SECTION
WAC 220-16-800   Rosario Beach Conservation Area.   "Rosario Beach Conservation Area" is defined as those tidelands, bedlands and waters adjacent to Fidalgo Island within a line beginning at the high tide mark at the south tip of Rosario Head, then due east to the 10 fathom contour, then northwesterly to the southwest end of Northwest Island, then from the northwest end of Northwest Island due north to intersection with the high tide line on Fidalgo Island, then following the high tide line southerly to the point of origin.

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OTS-5256.4


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

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

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

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


Pacific halibut (Hippoglossus stenolepis)
Pacific herring

(except as prescribed

in WAC 220-49-020)

 (Clupea harengus pallasi)
Salmon
Chinook (Oncorhynchus tshawytscha)
Coho (Oncorhynchus kisutch)
Chum (Oncorhynchus keta)
Pink (Oncorhynchus gorbuscha)
Sockeye (Oncorhynchus nerka)
Masu (Oncorhynchus masu)

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

(5) It shall be unlawful for the owner or operator of any commercial food fish or shellfish gear to leave such gear unattended in waters of the state or offshore waters unless said gear is marked.

(a) Shellfish pot, bottom fish pot, set line and set net gear must be marked with a buoy to which shall be affixed in a visible and legible manner the department approved and registered buoy brand issued to the license, provided that:

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

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

(b) It is unlawful to operate any gill net, attended or unattended, unless there is affixed, within five feet of each end of the net, a buoy, float, or some other form of marker, visible on the corkline of the net, on which shall be marked in a visible, legible and permanent manner the name and gill net license number of the fisher.

(c) It shall be unlawful at any time to leave a gill net unattended in the commercial salmon fishery.

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

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

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

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

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

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

(a) It shall be lawful to use a dip net or club in the landing of food fish taken by personal-use angling unless otherwise provided and it shall be lawful to use a gaff in the landing of tuna, halibut and dogfish in all catch record card areas.

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

(c) It shall be lawful to use a spear in underwater spear fishing as provided for in WAC 220-56-160.

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

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

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

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

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

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

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

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

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

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

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

(c) San Juan Channel - within a 1 mile radius of Point Caution during times not under IPSFC control.

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

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

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

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

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

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

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

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

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

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

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

(19) ((It is unlawful to fish for or possess food fish or shellfish taken from any conservation area defined in chapter 220-16 WAC.

(20))) It is unlawful for any person to possess live bottom fish taken under a commercial fishery license.

(20) It is unlawful for any person to use chemical irritants to harvest fish, shellfish or unclassified marine invertebrates except as authorized by permit issued by the department.

[Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-20-010, filed 3/29/00, effective 5/1/00. Statutory Authority: RCW 75.08.080. 00-01-096 (Order 99-214), 220-20-010, filed 12/15/99, effective 1/15/00. Statutory Authority: RCW 75.08.080, 77.12.040. 98-15-081 (Order 98-122), 220-20-010, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 98-15-031 (Order 98-120), 220-20-010, filed 7/7/98, effective 8/7/98. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, 220-20-010, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 93-15-051, 220-20-010, filed 7/14/93, effective 8/14/93; 91-08-054 (Order 91-13), 220-20-010, filed 4/2/91, effective 5/3/91; 91-01-023, 220-20-010, filed 12/10/90, effective 1/10/91; 89-02-022 (Order 88-186), 220-20-010, filed 12/29/88; 88-10-013 (Order 88-15), 220-20-010, filed 4/26/88; 85-09-017 (Order 85-20), 220-20-010, filed 4/9/85; 85-08-023 (Order 85-24), 220-20-010, filed 4/1/85; 84-08-014 (Order 84-24), 220-20-010, filed 3/27/84; 82-15-040 (Order 82-83), 220-20-010, filed 7/15/82; 82-07-047 (Order 82-19), 220-20-010, filed 3/18/82; 81-02-053 (Order 81-3), 220-20-010, filed 1/7/81; 80-10-058 (Order 80-83), 220-20-010, filed 8/6/80; 80-07-017 (Order 80-45), 220-20-010, filed 6/11/80; 79-10-013 (Order 79-75), 220-20-010, filed 9/7/79; Order 77-14, 220-20-010, filed 4/15/77; Order 76-148, 220-20-010, filed 12/2/76; Order 1193, 220-20-010, filed 3/4/75; Order 1179, 220-20-010, filed 11/19/74; Order 1106, 220-20-010, filed 1/10/74; Order 1057, 220-20-010, filed 5/22/73; Order 945, 220-20-010, filed 8/16/71; Order 920, 220-20-010, filed 5/13/71; Order 817, 220-20-010, filed 5/29/69; Order 810, 220-20-010, filed 4/17/69; Order 771-A, 220-20-010, filed 3/29/68; Order 767, 1, filed 12/22/67; Order 758, 3, filed 10/16/67; Order 726, 2, 3, filed 4/24/67; Order 721, 1, filed 3/9/67; Subsections 1, 2 from Orders 405 and 256, filed 3/1/60; Subsection 3 from Order 677, filed 3/31/66; Subsection 16 from Order 525, filed 5/3/61; Orders 355 and 256, filed 3/1/60; Subsection 4 from Order 591, filed 10/28/63; Orders 479 and 256, filed 3/1/60; Subsection 5 from Orders 383 and 256, filed 3/1/60; Subsections 6, 26, 35 from Order 568, filed 3/26/63; Order 543, filed 3/20/62; Order 507, filed 4/13/60; Order 256, filed 3/1/60; Subsections 7-11, 13-15, 17, 18, 22 from Orders 355 and 256, filed 3/1/60; Subsection 12 from Orders 407 and 256, filed 3/1/60; Subsections 19, 27 from Orders 480 and 256, filed 3/1/60; Subsection 20 from Order 677, filed 3/31/66; Orders 483 and 256, filed 3/1/60; Subsection 23 from Order 677, filed 3/31/66; Order 605, filed 4/21/64; Order 568, filed 3/26/63; Order 543, filed 3/20/62; Order 507, filed 4/13/60; Order 256, filed 3/1/60; Subsection 24 from Order 605, filed 4/21/64; Orders 407 and 256, filed 3/1/60; Subsection 25 from Orders 449 and 256, filed 3/1/60; Subsections 28-33 from Orders 456 and 256, filed 3/1/60; Subsection 34 from Orders 486 and 256, filed 3/1/60; Subsection 36 from Order 591, filed 10/28/63; Subsections 37 and 38 from Order 677, filed 3/31/66; Subsection 39 from Order 672, filed 12/28/65.]


AMENDATORY SECTION(Amending Order 00-149, filed 8/16/00, effective 9/16/00)

WAC 220-20-025   General provisions -- Shellfish.   (1) It is unlawful to drive or operate any motor-propelled vehicle, land any airplane or ride or lead any horse on the razor clam beds of the state of Washington, as defined in WAC 220-16-257. A violation of this subsection shall be punished as an infraction.

(2) It is unlawful to possess ((any)) soft-shelled crab for any commercial purpose.

(3) It is unlawful to possess in the field any crab from which the back shell has been removed.

(4) ((It is unlawful to use any chemicals when taking or fishing for octopus except for persons granted a scientific collector's permit from the department for the harvest of octopus for display or scientific purposes.

(5))) It is unlawful to willfully damage crab or other shellfish. Any crab taken incidentally to a net fishery must be immediately returned to the water with the least possible damage to the crab.

(((6))) (5) It is unlawful to fish for or possess shellfish taken for commercial purposes from the San Juan Islands Marine Preserve, except it is lawful to fish for crab in Parks Bay.

(((7))) (6) It is unlawful to fish for, harvest, or possess shellfish taken from the Titlow Beach Marine Preserve, the Sund Rock Marine Preserve or the Colvos Passage Marine Preserve.

[Statutory Authority: RCW 77.12.047. 00-17-106 (Order 00-149), 220-20-025, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 00-01-095 (Order 99-213), 220-20-025, filed 12/15/99, effective 1/15/00; 98-15-031 (Order 98-120), 220-20-025, filed 7/7/98, effective 8/7/98; 95-23-020 (Order 95-166), 220-20-025, filed 11/8/95, effective 12/9/95; 94-12-009 (Order 94-23), 220-20-025, filed 5/19/94, effective 6/19/94; 90-06-045 (Order 90-15), 220-20-025, filed 3/1/90, effective 4/1/90; 80-13-064 (Order 80-123), 220-20-025, filed 9/17/80; Order 1179, 220-20-025, filed 11/19/74; Order 990, 220-20-025, filed 5/11/72; Order 810, 220-20-025, filed 4/17/69.]

OTS-5261.1


NEW SECTION
WAC 220-20-100   General provisions -- Marine protected areas.   (1) It is unlawful to fish for or possess fish, shellfish, or wildlife taken from any conservation area defined in chapter 220-16 WAC.

(2) The following marine preserves are closed to the taking of fish, shellfish, and wildlife as indicated:

(a) The Colvos Passage Marine Preserve is closed to the taking shellfish and wildlife, closed to all commercial harvest of fish, and closed to recreational harvest of fish except it is lawful to take salmon for personal use by trolling, defined as fishing from a vessel under power and in gear making forward progress.

(b) The San Juan Island Marine Preserve is closed to the taking of shellfish except it is lawful to take crab from Parks Bay, and closed to the taking of food fish other than salmon except it is lawful to take herring.

(c) The Scatchet Head Marine Preserve is closed to the taking of fish and wildlife, and closed to the taking of shellfish except crab.

(d) The Sund Rock Marine Preserve is closed to the taking of shellfish and wildlife, closed to the commercial harvest of all fish, and closed to the recreational harvest of all fish except that it is lawful to take salmon.

(e) The Titlow Beach Marine Preserve is closed to the taking of shellfish and wildlife, closed to the commercial harvest of all fish, and closed to the recreational harvest of all fish except that it is lawful to take salmon if taken with artificial lures from shore or from a nonmotorized vessel.

(f) The Zee's Reef Marine Preserve is closed to the taking of shellfish and wildlife, closed to the commercial harvest of all fish, and closed to the recreational harvest of all fish except that it is lawful to take salmon with fly fishing gear as defined in WAC 220-56-210.

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OTS-5257.3


AMENDATORY SECTION(Amending Order 00-134, filed 7/31/00, effective 8/31/00)

WAC 220-56-100   Definitions -- Personal use fishing.   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 hooks or lures with ((a)) barbless single hooks, bait is prohibited, and fishing from a floating device equipped with a motor is prohibited unless otherwise provided. Up to three hooks may be used. 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) "Whitefish gear rules" means terminal fishing gear is restricted to one single hook, maximum hook size three-sixteenths inch point to shank (hook size 14), and bait is allowed. All species: Release all fish except whitefish.

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

[Statutory Authority: 2000 c 107 7. 00-16-091 (Order 00-134), 220-56-100, filed 7/31/00, effective 8/31/00. 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 01-107, filed 6/21/01, effective 7/22/01)

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


Abernathy Creek - Highway 4 Bridge.
Bear River - Highway 101 Bridge.
Bone River - Highway 101 Bridge.
Chambers Creek - Burlington Northern Railroad Bridge.
Chehalis River - Highway 101 Bridge in Aberdeen.
Cowlitz River - A line projected across the river between two fishing boundary markers set on each bank of the river approximately one-half mile downstream from the lowermost railroad bridge crossing the Cowlitz River.
Dakota Creek - A line from the outermost headland of the south bank to a house at 1285 Runge Avenue, Blaine, Washington, approximately one-quarter mile downstream from the Blaine Road Bridge.
Deschutes River - A line projected across the river 400 feet below the lower Tumwater Falls fish ladder.
Drano Lake - Highway 14 Bridge.
Duwamish River - First Avenue South Bridge.
Elk River - Highway 105 Bridge.
Entiat River - Highway 97 Bridge.
Hawk Creek (Lincoln County) - Falls at the Hawk Creek campground.
Hoquiam River - Highway 101 Bridge.
Humptulips River - Mouth of Jessie Slough.
Johns River - Highway 105 Bridge.
Kennedy Creek - An arc 500 yards east of the midpoint of the northbound Highway 101 Bridge.
Kettle River - Barstow Bridge.
Lake Washington Ship Canal - A line 400 feet west of the fish ladder at the Chittenden Locks.
Lewis River - A straight line running from a boundary marker on a piling at Austin Point southerly across the Lewis River to a boundary marker on the opposite shore.
Methow River - Highway 97 Bridge.
Naselle River - Highway 101 Bridge.
North Nemah River - Highway 101 Bridge.
Niawiakum River - Highway 101 Bridge.
North River - Highway 105 Bridge.
Palix River - Highway 101 Bridge.
Puyallup River - 11th Street Bridge.
Samish River - The Samish Island Bridge (Bayview-Edison Road).
Sammamish River - 68th Avenue NE Bridge.
Skagit River - A line projected from the terminus of the jetty with McGlinn Island to the white monument on the easterly end of Ika Island, then to a white monument on the westerly end of Craft Island, then to a white monument near the corner of the levee on the westerly side of Dry Slough, and then to a white monument on the easterly side of Tom Moore Slough.
Skamokawa Creek - Highway 4 Bridge.
Skookum Creek - A line 400 yards below the old railroad bridge.
Snohomish River - Burlington Northern Railway Bridges crossing main river and sloughs.
South Nemah River - Lynn Point 117 degrees true to the opposite shore.
Spokane River - State Route 25 Bridge.
((Tucannon River - State Highway 261 Bridge.))
Wallace River - The furthest downstream railroad bridge.
Washougal River - A straight line from the Crown Zellerbach pumphouse southeasterly across the Washougal River to the east end of the Highway 14 Bridge near the upper end of Lady Island.
Whatcom Creek - A line projected approximately 14 degrees true from the flashing light at the southwesterly end of the Port of Bellingham North Terminal to the southernmost point of the dike surrounding the Georgia Pacific treatment pond.
White Salmon River - Between markers on the east and west shores downstream of the Burlington Northern Railroad Bridge except when buoys are in place southerly from the shore to the buoys and east and west between the buoys.
Little White Salmon River - At boundary markers on river bank downstream from the Little White Salmon National Fish Hatchery.
Willapa River - South Bend boat launch.
Wind River - Boundary line markers at mouth.
Yakima River - Highway 240 Bridge.

[Statutory Authority: RCW 77.12.047. 01-14-001 (Order 01-107), 220-56-105, filed 6/21/01, effective 7/22/01. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-105, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), 220-56-105, filed 7/20/99, effective 8/20/99; 98-06-031, 220-56-105, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-105, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), 220-56-105, filed 5/13/96, effective 6/13/96; 95-04-066 (Order 95-10), 220-56-105, filed 1/30/95, effective 5/1/95; 94-14-069, 220-56-105, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-105, filed 3/31/93, effective 5/1/93; 91-08-054 (Order 91-13), 220-56-105, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-105, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-105, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-105, filed 4/26/88; 85-09-017 (Order 85-20), 220-56-105, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-105, filed 4/11/84; 82-13-040 (Order 82-61), 220-56-105, filed 6/9/82; 81-05-027 (Order 81-13), 220-56-105, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-105, filed 2/27/80, effective 4/1/80.]


AMENDATORY SECTION(Amending Order 01-24, filed 3/5/01, effective 5/1/01)

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 barbless hooks while fishing ((for bottomfish or halibut)) in waters where a saltwater license is valid, except for forage fish jigger gear.

(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 areas where a saltwater license is valid, each fisher aboard a vessel may continue to deploy angling gear or shellfish gear until the daily limit of food fish or shellfish for all licensed and juvenile anglers aboard has been retained.

[Statutory Authority: RCW 77.12.047. 01-06-036 (Order 01-24), 220-56-115, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 7. 00-16-091 (Order 00-134), 220-56-115, filed 7/31/00, effective 8/31/00. 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 00-134, filed 7/31/00, effective 8/31/00)

WAC 220-56-116   Salmon -- ((Marine)) Coastal waters hook 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: 2000 c 107 7. 00-16-091 (Order 00-134), 220-56-116, filed 7/31/00, effective 8/31/00. 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.]


AMENDATORY SECTION(Amending Order 00-134, filed 7/31/00, effective 8/31/00)

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 of the 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 fishing from a floating device downstream of Chief Joseph Dam to the Corps of Engineers Safety Zone Marker.

(((17))) (15) 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))) (16) 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))) (17) Priest Rapids Dam - waters between the upstream line of Priest Rapids Dam and boundary markers 650 feet below the fish ladders.

(((20))) (18) 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))) (19) 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))) (20) 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))) (21) 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))) (22) 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: 2000 c 107 7. 00-16-091 (Order 00-134), 220-56-128, filed 7/31/00, effective 8/31/00. 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 Order 01-31, filed 3/6/01, effective 4/6/01)

WAC 220-56-210   Fly fishing.   (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)) (d) Not more than two flies each with a barbless single hook.

(((f))) (e) Bait.

(((g))) (f) 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 77.12.047. 01-06-051 (Order 01-31), 220-56-210, filed 3/6/01, effective 4/6/01. 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.]


AMENDATORY SECTION(Amending Order 01-24, filed 3/5/01, effective 5/1/01)

WAC 220-56-235   Possession limits--Bottomfish.   It is unlawful for any person to take in any day more than the following quantities of bottomfish for personal use. The possession limit at any time shall not exceed the equivalent of two daily limits in fresh, frozen or processed form. Unless otherwise provided bottomfish fishing is open the entire year.

(1) Coastal (Catch Record Card Areas 1 through 4):

(a) Lingcod - 2 fish minimum length 24 inches.

(b) Rockfish - 10 fish of which no more than 2 may be an aggregate of canary rockfish and yelloweye rockfish.

(c) Surfperch (excluding shiner perch) - 15 fish.

(d) Wolfeel - ((2)) 0 fish ((east of the Bonilla-Tatoosh line)) from Catch Record Card Area 4.

(e) Cabezon - 2 fish east of the Bonilla-Tatoosh line.

(f) All other species - no limit.

(2) Inner Puget Sound (Catch Record Card Areas 5 through 13):

(a) Catch Record Card Areas 5 and 6 - 15 fish in the aggregate of all species and species groups of bottomfish, which may include no more than:

Rockfish 1 fish
Rockfish May 1 through September 30 in Marine Area 5 west of Slip Point 3 fish of which no more than 1 may be other than black rockfish
Surfperch 10 fish
Pacific cod 2 fish
Pollock 2 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel ((2)) 0 fish
Cabezon 2 fish
Pacific hake 2 fish
(b) Catch Record Card Area 7 - 15 fish in the aggregate of all species of bottomfish, which may include no more than:

Rockfish 1 fish
Surfperch 10 fish
Pacific cod 2 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel 0 fish
Cabezon 2 fish
Pollock 2 fish
Pacific hake 2 fish
(c) Catch Record Card Areas 8-1 through 13 - 15 fish in the aggregate of all species and species groups of bottomfish, which may include no more than:

Rockfish 1 fish
Surfperch 10 fish
Pacific cod 0 fish
Pollock 0 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel 0 fish
Cabezon 2 fish
Pacific hake 0 fish
(d) It is unlawful to possess lingcod taken by angling less than 26 inches in length or greater than 40 inches in length.

(e) The daily limit taken by spear fishing may include no more than one lingcod. There is no size restriction on the one lingcod allowed in the daily limit if taken by spear fishing.

(f) It is unlawful to retain cabezon taken from Catch Record Card Areas 5 through 13 from December 1 through April 30.

(g) It is unlawful to retain six-gill shark taken from Catch Record Card Areas 5 through 13.

[Statutory Authority: RCW 77.12.047. 01-06-036 (Order 01-24), 220-56-235, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 7. 00-17-016 (Order 00-139), 220-56-235, filed 8/3/00, effective 9/3/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-235, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), 220-56-235, filed 7/20/99, effective 8/20/99. Statutory Authority: RCW 75.08.080. 98-15-032 (Order 98-119), 220-56-235, filed 7/7/98, effective 8/7/98; 97-07-078 (Order 97-53), 220-56-235, filed 3/19/97, effective 5/1/97; 96-05-004 (Order 96-13), 220-56-235, filed 2/9/96, effective 5/1/96; 95-04-066 (Order 95-10), 220-56-235, filed 1/30/95, effective 5/1/95; 94-14-069, 220-56-235, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-235, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-235, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-235, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-235, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-235, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-235, filed 4/26/88; 85-09-017 (Order 85-20), 220-56-235, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-235, filed 4/11/84; 83-07-043 (Order 83-16), 220-56-235, filed 3/17/83; 80-07-017 (Order 80-45), 220-56-235, filed 6/11/80; 80-03-064 (Order 80-12), 220-56-235, filed 2/27/80, effective 4/1/80.]


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

WAC 220-56-265   Forage fish -- Lawful gear.   It shall be unlawful to take, fish for and possess herring, candlefish, pilchards, anchovies and smelt taken for personal use except with ((smelt rake,)) hand dip net gear not exceeding 36 inches across the bag frame and forage fish jigger gear having not more than three treble or nine single hooks. It is unlawful to use a dip bag net to take forage fish unless the operator of the net holds the handle at all times the netting is in the water. It is unlawful to operate a dip bag net from a vessel under power. Only persons with a disability license may use a hand-operated gate on a dip net while fishing for forage fish. Forage fish jigger gear hooks may not have a gap between the shank and the point exceeding 3/8 inch.

[Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, 220-56-265, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-56-265, filed 1/30/95, effective 5/1/95; 88-10-013 (Order 88-15), 220-56-265, filed 4/26/88; 80-03-064 (Order 80-12), 220-56-265, filed 2/27/80, effective 4/1/80.]


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

WAC 220-56-270   Smelt -- Areas and seasons.   (1) Smelt fishing is permitted the entire year on Pacific Ocean beaches and in all rivers concurrent with a salmon or gamefish opening, except closed in the Columbia River and tributaries.

(2) Smelt fishing is open in Puget Sound and the Strait of Juan de Fuca the entire year except closed weekly from 8:00 a.m. Wednesday to 8:00 a.m. Friday for all types of gear except forage fish jigger gear.

(((3) The Columbia River and tributaries are closed to the fishing for or retention of smelt.))

[Statutory Authority: RCW 75.08.080 and 77.12.040. 99-08-029 (Order 99-13), 220-56-270, filed 3/30/99, effective 5/1/99; 98-06-031, 220-56-270, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 93-08-034 (Order 93-20), 220-56-270, filed 3/31/93, effective 5/1/93; 80-03-064 (Order 80-12), 220-56-270, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-070.]


AMENDATORY SECTION(Amending Order 01-24, filed 3/5/01, effective 5/1/01)

WAC 220-56-282   Sturgeon -- Areas, seasons, limits and unlawful acts.   (1) It is lawful to fish for sturgeon the entire year in saltwater and open in freshwater concurrent with a salmon or gamefish opening unless otherwise provided, except:

(a) It is unlawful to fish for sturgeon from a floating device May 1 through ((June 30)) July 15 downstream from the boating deadline below Bonneville Dam to markers on the Oregon and Washington shores of the Columbia River at Beacon Rock;

(b) It is unlawful to fish for sturgeon inside the south navigation lock at Bonneville Dam from a marker on the westernmost point of Robins Island to a marker on the Oregon mainland shore; and

(c) It is unlawful to fish for sturgeon in those waters of the Columbia River between the upstream line of Bonneville Dam and the lowermost Bonneville power line crossing, except when fishing with hand-casted hook and line gear from the mainland shore downstream of a line from a fishing boundary on the Washington shore approximately three-quarters of a mile below the dam to the downstream end of Cascade Island, thence to the Oregon fishing boundary marker on Bradford Island, located approximately 850 feet downstream from the fish ladder entrance.

(2) The daily limit is one sturgeon, with the following size restrictions:

(a) Minimum size 48 inches in length in the Columbia River and tributaries upstream from The Dalles Dam.

(b) Minimum size 42 inches in length in all other state waters.

(c) Maximum size 60 inches in length.

Once the daily limit has been retained, it is lawful to continue to fish for sturgeon in the mainstem of the Columbia River downstream from where the river forms the boundary between Oregon and Washington, provided that all subsequent sturgeon are released immediately.

(3) The possession limit is two daily limits of fresh, frozen or processed sturgeon.

(4) There is an annual personal use limit of ten sturgeon from April 1 through March 31, regardless of where the sturgeon were taken. After the annual limit of sturgeon has been taken, it is lawful to continue to fish for sturgeon in the mainstem Columbia River downstream from where the river forms the common boundary between Oregon and Washington, provided that all subsequent sturgeon are released immediately.

(5) It is unlawful to fish for sturgeon with terminal gear other than bait and single barbless hooks. It is lawful to use artificial scent with bait when fishing for sturgeon.

(6) It is unlawful to fish for or possess sturgeon taken for personal use from freshwater, except the Chehalis River, from one hour after official sunset to one hour before official sunrise.

(7) It is unlawful to possess in the field sturgeon eggs without having retained the intact carcass of the fish from which the eggs have been removed.

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

(9) It is unlawful to fail to immediately return to the water any undersize sturgeon.

(10) It is unlawful to totally or partially remove oversize sturgeon from the water.

(((11) It is unlawful to retain sturgeon taken from the following waters:

(a) Those waters of the Snake River and tributaries upstream from lower Granite Dam;

(b) Those waters of the Columbia River and tributaries upstream from Priest Rapids Dam; and

(c) Those waters of the Columbia River and tributaries between the upstream line of Bonneville Dam and a line 400 feet below McNary Dam during the period September 1 through December 31.))

[Statutory Authority: RCW 77.12.047. 01-06-036 (Order 01-24), 220-56-282, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-56-282, filed 1/30/95, effective 5/1/95; 91-08-054 (Order 91-13), 220-56-282, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-282, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-282, filed 3/16/89.]


AMENDATORY SECTION(Amending Order 01-24, filed 3/5/01, effective 5/1/01)

WAC 220-56-285   Shad -- Areas and seasons.   It is lawful ((the entire year)) to fish for or possess shad taken for personal use concurrent with a salmon or gamefish opening, except Columbia River waters downstream from Bonneville Dam are closed to shad fishing April 1 through May 15.

[Statutory Authority: RCW 77.12.047. 01-06-036 (Order 01-24), 220-56-285, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, 220-56-285, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 95-12-027 (Order 95-46), 220-56-285, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-285, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-285, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-285, filed 5/12/92, effective 6/12/92; 88-10-012 (Order 88-14), 220-56-285, filed 4/26/88; 83-07-043 (Order 83-16), 220-56-285, filed 3/17/83; 82-13-040 (Order 82-61), 220-56-285, filed 6/9/82; 81-05-027 (Order 81-13), 220-56-285, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-285, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-072.]


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

WAC 220-56-310   Shellfish -- Daily limits.   It is unlawful for any one person to take in any one day for personal use more than the following quantities and sizes of shellfish:

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

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

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

(2) Razor clams: 15 clams.

(3) Geoduck clams: 3 clams.

(4) Horse clams: 7 clams.

(5) Oysters:

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

(b) In the Puget Sound contiguous waters south of a line from Tala Point to Foulweather Bluff and waters of the Pacific Ocean, Grays Harbor and Willapa Bay,)) 18 oysters, shucked and the shells left on the beach. Minimum size before shucking two and one-half inches along the longest dimension of the shell.

(6) Rock scallops: 12 scallops.

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

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

(9) Shrimp:

(a) In all Puget Sound waters ((except Shrimp Districts 1, 3 and 5)) - total weight 10 pounds, fishers must retain the heads of all shrimp taken while in the field. Spot shrimp: Maximum 80 shrimp as part of the 10 pound limit. Spot shrimp minimum size one and three-sixteenths inch from the base of the eyestalk to the top rear edge of the carapace except in the Hood Canal and Port Angeles Shrimp Districts.

(b) In ((Shrimp District 1 ()) the Discovery Bay(())) Shrimp District - Spot shrimp: Maximum 50 shrimp as part of the 10 pound limit. ((Spot shrimp minimum size one and three-sixteenths inch from base of eyestalk to top rear edge of carapace.))

(c) In ((Shrimp District 3 ()) the Port Angeles(())) Shrimp District - ((Total weight 10 pounds.)) Spot shrimp: No minimum size.

(d) In ((Shrimp District 5 ()) the Hood Canal(())) Shrimp District - 80 shrimp. No minimum size for spot shrimp.

(10) Octopus: ((2)) 1 octopus.

(11) Pinto abalone: Closed statewide.

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

(13) Squid: 10 pounds or 5 quarts.

(14) Sea cucumbers: 25 sea cucumbers.

(15) Red sea urchins: 18 sea urchins.

(16) Purple sea urchins: 18 sea urchins.

(17) Green sea urchins: 36 sea urchins.

(18) Dungeness crabs:

(a) In all waters except the Columbia River - ((6)) 4 male crabs.

(b) In the Columbia River - 12 male crabs.

(19) Red rock crabs: 6 crabs.

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

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

(22) Ghost and mud shrimp: 10 dozen.

(23) King and box crab: Closed statewide.

[Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-310, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), 220-56-310, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), 220-56-310, filed 3/30/99, effective 5/1/99; 98-06-031, 220-56-310, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-310, filed 3/19/97, effective 5/1/97; 95-04-066 (Order 95-10), 220-56-310, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), 220-56-310, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-310, filed 5/12/92, effective 6/12/92; 90-06-026, 220-56-310, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-310, filed 3/16/89; 88-12-025 (Order 88-28), 220-56-310, filed 5/25/88, effective 8/22/88; 88-10-013 (Order 88-15), 220-56-310, filed 4/26/88; 87-09-066 (Order 87-16), 220-56-310, filed 4/21/87; 86-24-046 (Order 86-190), 220-56-310, filed 11/26/86; 86-09-020 (Order 86-08), 220-56-310, filed 4/9/86; 85-12-046 (Order 85-57), 220-56-310, filed 6/5/85; 84-09-026 (Order 84-22), 220-56-310, filed 4/11/84; 83-04-027 (Order 83-06), 220-56-310, filed 1/27/83; 82-07-047 (Order 82-19), 220-56-310, filed 3/18/82; 80-03-064 (Order 80-12), 220-56-310, filed 2/27/80, effective 4/1/80.]


AMENDATORY SECTION(Amending Order 01-39, filed 3/14/01, effective 4/14/01)

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

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

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

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

(c) It is unlawful for the operator of any boat from which shrimp pots are set or pulled in Catch Record Card Areas 4 through 13 to have on board or to fish more than four shrimp pots.

(d) In the Columbia River it is unlawful to use more than three units of crab gear.

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

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

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

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

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

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

(9) Each unit of gear must be attached to its own buoy line and have a separate buoy for each unit of gear.

(10) No fisher may set or pull shellfish pots, ring nets or star traps from a vessel in all state waters from one hour after official sunset to one hour before official sunrise.

(11) It is unlawful to possess soft-shelled crab for any personal use purpose. Violation of this subsection shall be an infraction, punishable under RCW 77.15.160.

[Statutory Authority: RCW 77.12.047. 01-07-024 (Order 01-39), 220-56-315, filed 3/14/01, effective 4/14/01. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-315, filed 3/29/00, effective 5/1/00; 98-06-031, 220-56-315, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 94-14-069, 220-56-315, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-315, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-315, filed 5/12/92, effective 6/12/92; 89-07-060 (Order 89-12), 220-56-315, filed 3/16/89; 81-05-027 (Order 81-13), 220-56-315, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-315, filed 2/27/80, effective 4/1/80.]


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

WAC 220-56-335   Crab -- Unlawful acts.   (1) It is unlawful for any person to take or possess for personal use any female Dungeness crabs.

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

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

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

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

(((d))) (c) In the Columbia River - 5 3/4 inch minimum size.

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

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

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

[Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, 220-56-335, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-56-335, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), 220-56-335, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-335, filed 5/12/92, effective 6/12/92; 88-10-013 (Order 88-15), 220-56-335, filed 4/26/88; 86-09-020 (Order 86-08), 220-56-335, filed 4/9/86; 85-07-023 (Order 85-18), 220-56-335, filed 3/13/85; 80-03-064 (Order 80-12), 220-56-335, filed 2/27/80, effective 4/1/80.]


AMENDATORY SECTION(Amending Order 01-24, filed 3/5/01, effective 5/1/01)

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 July 31.

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

(d) Camano Island State Park: Open June 1 through June 30.

(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 July 1 through September 15 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 May 31.

(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): Open April 1 through April 30.

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

(s) Kayak Point County Park: Open May 1 through May 15 and August 1 through August 15, except mussels open the entire year.

(t) Kitsap Memorial State Park: Open June 1 through June 30.

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

(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 July 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: Open May 1 through May 15.

(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 1 through June 30.

(jj) Point Whitney Lagoon: Open June 1 through June 30.

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

(ll) Potlatch DNR tidelands: Open April 1 through July 15.

(mm) Potlatch East: Open April 1 through July 15.

(nn) Potlatch State Park: Open April 1 through July 15.

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

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

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

(vv) Shine Tidelands: Open January 1 through May 15.

(ww) South Indian Island County Park: Open May 1 through August 31.

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

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

(zz))) Triton Cove Oyster Farm: Closed the entire year.

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

(((bbb))) (aaa) Twanoh State Park: Closed the entire year.

(((ccc))) (bbb) West Dewatto: DNR Beach 44A is open January 1