Date of Adoption: February 9, 2002, and March 25, 2002.

     Purpose: Amend personal use rules and marine protected area rules.

     Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-307, 232-12-147 and 232-12-151; and amending WAC 220-16-028, 220-20-010, 220-20-025, 220-56-100, 220-56-105, 220-56-116, 220-56-128, 220-56-210, 220-56-265, 220-56-270, 220-56-282, 220-56-285, 220-56-310, 220-56-315, 220-56-335, 220-56-350, 220-56-355, 220-56-380, 232-12-011, 232-12-019, 232-12-168, 232-12-619, 232-28-619, and 232-28-621.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 01-21-126 on October 24, 2001.

     Changes Other than Editing from Proposed to Adopted Version: WAC 220-16-760, seaward boundary changed to a line farther from shore.

     WAC 220-16-770 and 220-16-800, withdrawn.

     WAC 220-16-780, Admiralty Head changed from a conservation area to a marine preserve.

     WAC 220-16-790, seaward boundary changed to follow eight-five foot depth contour.

     WAC 220-20-100, add Admiralty Head Marine Preserve and allow harvest only of sea cucumbers and sea urchins; delete Scatchet Head as withdrawn; delete Sund Rock as changed to a conservation area by Order 02-54.

     WAC 220-56-105, add mouth of Chelan River.

     WAC 220-56-235, require release of all yelloweye rockfish in Catch Record Card Areas 1-4.

     WAC 220-56-265, add clarification that unlawful to harvest forage fish from vessel under power, and add unlawful to use more than one forage fish dip net bag at a time.

     WAC 220-56-310, restore six Dungeness crab limit.

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

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

     WAC 232-12-168, restore contest definition to six or more anglers.

     WAC 232-12-619, change yearly wild steelhead limit to five fish.

     WAC 232-28-619, allow electric motors in Amber Lake; Box Canyon Creek selective gear rules from waterfall to 4930 Bridge; Lake Chelan closed within 400 feet of tributaries south of Purple Point/Painted Rocks line and within 400 feet of tributaries north of this line open, and only retain lake trout during general season; Chelan River proposal withdrawn; Cispus River, North Fork, release cutthroat; Cle Elum River selective gear rules to outlet of Hyas Lake; Colville River walleye special daily limit five fish no more than one over eighteen inches in length, and unlawful to fish for sturgeon; Cowlitz Falls Reservoir release cutthroat; Cowlitz River Clear and Muddy Forks release cutthroat; Echo Lake to eliminate split season, restore opening day season; Eloika Lake bass to statewide rules; Fazon Lake bass to statewide rules; Fisher Slough delete wild steelhead retention; Goodwin Lake bass to statewide rules; Grande Ronde River mouth to County Road Bridge trout minimum length ten inches, delete June and July steelhead release County Road Bridge to Oregon state line; split out Lower Green Lake (Okanogan) and allow electric motors; I-82 ponds 1 and 2 delete walleye release; Indian Creek above waterfall no limit on brook trout; Jump-Off Joe Lake bass to statewide rules; Lewis River East Fork mouth to top boat ramp year-round season and top boat ramp to Horseshoe Falls June 1 through March 15 season, all open waters release all fish except up to two hatchery steelhead per day; Little Pend Oreille River selective gear Buffalo Road to Crystal Falls and five brook trout daily limit; Mill Creek (Walla Walla) tributaries closed from Roosevelt Street Bridge upstream, selective gear in mainstem Roosevelt Street Bridge to Panjab Bridge, and closed above Panjab Bridge; Moses Lake special bass limit twelve to seventeen inches not more than three over fifteen inches, special walleye limit of five walleye eighteen to twenty-four inches no more than one over twenty-four inches; Pattison Lake bass to statewide rules; Phantom Lake bass to statewide rules; Potholes Reservoir crappie eight inch minimum length withdrawn; Lake Roosevelt San Poil closure to outlet of French John's Lake and all waters unlawful to fish for sturgeon; Roses Lake to statewide rules; Rufus Woods Lake unlawful to fish for sturgeon; Satsop River delete proposal; Serene Lake delete split season, restore opening day season; Showcraft Lake bass to statewide rules; Snake River special bass limit twelve to seventeen inches not more than three over fifteen inches, special walleye limit of five walleye eighteen to twenty-four inches no more than one over twenty-four inches, and no daily limit on channel catfish; Spokane River SR 25 Bridge to Seven Mile Bridge walleye limit five, no more than one over eighteen inches and upstream of Upriver Dam release all fish; Stan Coffin Lake release bass; Stickney Lake delete split season, restore opening day season; Touchet River mouth to forks statewide rules June 1 through October 31, Robinson Fork open general season selective gear and release steelhead, North Fork upstream from Spangler closed August 31, South Fork upstream from Griffin Creek closes August 31, and Wolf Fork and upstream from Coates Creek closes August 31, mainstem additional November 1 through April 15 season barbless hooks and release all fish except hatchery steelhead and brown trout; Tucannon River Cummings Street Bridge closure upstream to 500 feet above Rainbow Lake intake, intake to Cow Camp Bridge add release steelhead, and closed waters above Cow Camp Bridge; Washburn Island Pond bass to statewide rules; add Wenaha River tributaries within Washington June 1 through August 31 season; Wynoochee River delete boat prohibition; Yakima River mouth to Prosser Dam no daily limit on channel catfish, mouth to Highway 223 Bridge no limit on bass less than twelve inches in length, release twelve to seventeen inches, maximum one greater than seventeen inches, Highway 223 to Roza Dam salmon season deleted; above Roza Dam whitefish gear may be used December 1 through last day in February. Brook trout no limit and no minimum size Lake Easton to Keechelus Dam.

     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 5, Amended 24, Repealed 3.

     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: May 1, 2002.

March 26, 2002

Debbie Nelson

for Russ Cahill, Chair

Fish and Wildlife Commission

OTS-5404.1

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).]

OTS-5260.5

NEW SECTION
WAC 220-16-760   Keystone Conservation Area.   "Keystone Conservation Area" is defined as all bedlands and tidelands and the waters over these starting at the extreme high water line on the east side of the jetty at Keystone then easterly along the extreme high water line to 122°40'07"W, 48°09'30"N, then along a line perpendicular to the shore southeasterly for 600 feet then southwest parallel to the shoreline to a point due south of the southern tip of the jetty, then north to the extreme high water line on the southern tip of the jetty, then along the extreme high water line on the east side of the jetty to the point of origin.

[]

[]

[]

OTS-5256.6

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.]

     (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-5261.4

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 Admiralty Head Marine Preserve is closed to the taking of fish and wildlife, and closed to the taking of shellfish except sea cucumbers and sea urchins.

     (b) The Colvos Passage Marine Preserve is closed to the taking of 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.

     (c) 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.

     (d) 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.

     (e) 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.

[]

OTS-5257.7

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.]

	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.
	Chelan River - Railroad Bridge.
	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.]

     (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.]

     (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.]

     (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.]

[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.]

     (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.]

     (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.]

[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.]

     (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 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.]

     (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.]

     (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.]

     (a) Ben Ure Spit: Open ((January)) May 1 through May 31.

     (b) Brown Point (DNR 57-B): Open January 1 through ((July 31)) June 30.

     (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)) March 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)) open March 1 through December 31.

     (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) Freeland County Park - Open January 1 through June 30.

     (n) Frye Cove - Open January 1 through ((May 31)) June 30.

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

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

     (((q))) (r) Hope Island State Park (South Puget Sound): Open April 1 through April 30.

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

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

     (((t))) (u) Kitsap Memorial State Park: Open ((June 1)) May 15 through June 30.

     (((u))) (v) Kopachuck State Park: ((Closed the entire year)) Open June 1 through June 30.

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

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

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

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

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

     (((cc))) (dd) 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)) the entire year.

     (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))) (ee) Penrose Point State Park: Open ((May)) April 1 through ((May 15)) April 30.

     (((ee))) (ff) 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)) April 1 through ((June)) April 30.

     (jj) Point Whitney Lagoon: Open ((June)) May 1 through ((June 30)) May 31.

     (kk) Port Townsend Ship Canal: Open ((April)) January 1 through ((May 15)) March 31.

     (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)) December 31, daily from official sunrise to official sunset only.

     (qq) Rendsland Creek: Open January 1 through ((April 30)) May 31.

     (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)) 15.

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

     (ww) South Indian Island County Park: Open May 1 through August ((31)) 15.

     (xx) Spencer Spit State Park: Open ((April)) March 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 through ((May 31)) June 30.

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

     (((eee))) (ddd) Wolfe Property State Park: Open January 1 through May 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 77.12.047. 01-06-036 (Order 01-24), § 220-56-350, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-350, filed 7/31/00, effective 8/31/00. 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.]

     (2) It shall be unlawful to maim, injure or attempt to capture a geoduck by thrusting any instrument through its siphon or to possess only the siphon or neck portion of a geoduck.

     (3) It is unlawful to possess Manila, native littleneck, cockle, or butter clams taken for personal use which measure less than 1-1/2 inches across the longest dimension of the shell.

     (4) It is unlawful to return any eastern softshells, horse clams, or geoducks to the beach or water regardless of size or condition. All such clams taken for personal use must be retained by the digger as part of the daily limit.

     (5) Violation of the provisions of this section shall be an infraction, punishable under RCW 77.15.160.

[Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-355, filed 3/19/97, effective 5/1/97; 89-07-060 (Order 89-12), § 220-56-355, filed 3/16/89; 88-10-013 (Order 88-15), § 220-56-355, filed 4/26/88; 80-03-064 (Order 80-12), § 220-56-355, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]

     (a) Brown Point: Closed the entire year.

     (b) Dabob Bay - All state-owned tidelands in Dabob Bay north of a line drawn from Camp Harmony to Lindsays Beach are closed to the harvest of oysters the entire year, except as follows:

     (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 ((July)) March 1 through September 15 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)) open to the harvest of oysters ((the entire year)) March 1 through December 31.

     (e) ((Eagle Creek: Open January 1 through June 30.

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

     (((g))) (f) Illahee State Park: ((Closed the entire year)) Open May 1 through May 31.

     (((h))) (g) Kitsap Memorial State Park: Open ((June 1)) May 15 through August 31.

     (((i))) (h) Kopachuck State Park: Open ((May)) March 1 through ((May 31)) June 30.

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

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

     (i) 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)) the entire year.

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

     (iii) 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))) (m) Penrose Point State Park: Open ((May)) April 1 through ((June)) April 30.

     (((o))) (n) Point Whitney (excluding Point Whitney Lagoon): Open April 1 through ((August 31)) December 31.

     (((p))) (o) Potlatch East: Open April 1 through ((July 15)) September 30.

     (((q))) (p) Potlatch State Park: Open April 1 through ((July 15)) September 30.

     (((r))) (q) 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)) December 31, daily from official sunrise to official sunset, only.

     (((s))) (r) Scenic Beach State Park: Open April 16 through ((July 15)) September 30.

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

     (u))) (s) Triton Cove Oyster Farm: Open May 1 through September 30.

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

     (((w) West Dewatto: DNR Beach 44A is open January 1 through September 30.

     (x))) (u) 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.

     (((y))) (v) Wolfe Property State Park: Open January 1 through ((June)) May 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 77.12.047. 01-06-036 (Order 01-24), § 220-56-380, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-380, filed 7/31/00, effective 8/31/00. 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.]

     The following section of the Washington Administrative Code is repealed:

WAC 220-56-307

Shellfish -- Closed areas.

OTS-5258.3

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

WAC 232-12-011   Wildlife classified as protected shall not be hunted or fished.   Protected wildlife are designated into three subcategories: Threatened, sensitive, and other.

     (1) Threatened species are any wildlife species native to the state of Washington that are likely to become endangered within the foreseeable future throughout a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as threatened include:

Common Name	Scientific Name
western gray squirrel	Sciurus griseus
Steller (northern)      sea lion	Eumetopias jubatus
North American lynx	Lynx canadensis
Aleutian Canada goose	Branta Canadensis      leucopareia
bald eagle	Haliaeetus leucocephalus
ferruginous hawk	Buteo regalis
marbled murrelet	Brachyramphus marmoratus
green sea turtle	Chelonia mydas
loggerhead sea turtle	Caretta caretta
sage grouse	Centrocercus urophasianus
sharp-tailed grouse	Phasianus columbianus

     (2) Sensitive species are any wildlife species native to the state of Washington that are vulnerable or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as sensitive include:

Common Name	Scientific Name
Gray whale	Eschrichtius gibbosus
Common Loon	Gavia immer
Larch Mountain      salamander	Plethodon larselli
Pygmy whitefish	Prosopium coulteri
Margined sculpin	Cottus marginatus
Olympic mudminnow	Novumbra hubbsi

     (3) Other protected wildlife include:

Common Name	Scientific Name
cony or pika	Ochotona princeps
least chipmunk	Tamius minimus
yellow-pine chipmunk	Tamius amoenus
Townsend's chipmunk	Tamius townsendii
red-tailed chipmunk	Tamius ruficaudus
hoary marmot	Marmota caligata
Olympic marmot	Marmota olympus
Cascade golden-mantled      ground squirrel	Spermophilus saturatus
golden-mantled      ground squirrel	Spermophilus lateralis
Washington ground      squirrel	Spermophilus washingtoni
red squirrel	Tamiasciurus hudsonicus
Douglas squirrel	Tamiasciurus douglasii
northern flying squirrel	Glaucomys sabrinus
wolverine	Gulo gulo
painted turtle	Chrysemys picta
California mount