Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-18-107.

     Title of Rule: Personal use fishing rules.

     Purpose: Amend personal use fishing rules.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: WAC 220-12-020, clarifies that classified shellfish includes native marine clams. Delete old scientific family name. This will assist in establishing lower limits on unclassified freshwater clams and mussels.

     WAC 220-56-105, define mouth of Cispus River. Distinguishes the river from Lake Scanewa.

     WAC 220-56-129, sets limit on freshwater clams and mussels at 10 shellfish. Freshwater clams and mussels may be locally abundant, but are generally a poorly understood group, subject to over exploitation, with some populations extirpated. Some of the species are being considered for classification as sensitive, and a limited harvest will protect populations until further study is completed.

     WAC 220-56-230 and 220-56-255, close bottomfish and halibut fishing in an approximately fifteen by twenty-mile rectangle about eight miles west of Cape Alava. Part of this area was previously closed to halibut fishing to protect incidentally taken yelloweye rockfish. The closed area is expanded and closed to all bottomfish and halibut fishing for further yelloweye rockfish protection.

     WAC 220-56-235, set aggregate bottomfish limit in Catch Areas 1 through 4 at 15 bottomfish, of which no more than 1 may be a canary rockfish and release all yelloweye rockfish. Prohibit retention of yelloweye and canary rockfish in Catch Areas 5 through 13. These measures are intended to protect rockfish and other bottomfish.

     WAC 220-56-250, expand season for lingcod in ocean waters to provide additional fishing opportunity. The lingcod rebuilding schedule is successful, and there are additional fish for harvest.

     WAC 220-56-265, set maximum mesh size for forage fish dip net gear. A maximum mesh size will prevent gilling of forage fish.

     WAC 220-56-320, change escape ring size for crab gear in the Columbia River from 4-1/4 inches to 4 inches. The crab size in the Columbia River matches Oregon's, and a smaller escape ring allows retention of lawful size crab, while providing escapement for undersize crab.

     WAC 220-56-325, establish Port Townsend Shrimp District and clarify openings. Shrimp openings in Discovery Bay, Hood Canal and Port Townsend are of such short duration that the season needs to be set by emergency rule. This allows for a season of up to 120 days, but eliminates the problem of an early closure inadvertently expiring and a season accidentally reopening.

     WAC 220-56-350 and 220-56-380, housekeeping changes are needed to correct names and clarify open areas. These sections are also opened for the annual beach season settings which will be available before the public hearing.

     WAC 232-12-619 and 232-28-619, extend statewide season in rivers, streams, and beaver ponds to November 30; change seasons in exceptions to statewide rules where season closes on October 31 to November 30. This will provide a fall fishing opportunity, particularly in "opening day" lakes. This change affects 272 openings in exceptions to statewide rules.

     WAC 232-28-619, delete Cashmere and Nason Creek ponds, as the ponds were washed out; clarify Chehalis River boundary bridge as bridge at Boistfort School to reduce confusion among several bridges; Cle Elum river selective gear area does not include Tucquala Lake; Columbia River from Highway 395 to Pasco and Ringold Springs Rearing Facility release hatchery steelhead with only adipose fin clips as these are upriver fish; Cowlitz Falls Reservoir eliminate landlocked salmon rules, wild chinook release June 1 through July 31 and release wild coho in order to utilize hatchery plants; Cowlitz River, Mayfield Lake and Riffe Lake clarify Cowlitz River is below Mayfield Dam and above Cowlitz Falls Reservoir, all intermediate waters are either Mayfield Lake, Riffe Lake or Cowlitz Falls Reservoir (Lake Scanewa); Crabb Creek provide walleye opportunity with terminal gear restrictions March 1 through May 31 Highway 17 to Road 7; Dry Falls Lake season to open April 1 for additional opportunity; Grande Ronde selective gear rules end August 1 and barbless hooks begin September 1; Hamilton Creek to (new) statewide stream season as no hatchery steelhead or cutthroat are available; East Fork Lewis close tributaries above Horseshoe Falls and mouth to Horseshoe Falls delete selective gear, allow gamefish other than trout retention, and close March 16 through May 31; Mayfield Lake eliminate landlocked salmon rules and salmon open only September 1 through December 31 with wild coho release to utilize hatchery plants; Mill Creek delete Punjab Bridge reference; Naches River trout catch and release in order to survey anglers and activity; North Silver Lake change from fly fishing only to split season (October closure), selective gear, trout limit 2 fish March 1 through September with marked fish release and catch and release November 1 through December 31; Skagit River allow motors during selective gear season at mouth; Skykomish River at rearing ponds prohibit fishing for any species from a floating device, not just gamefish; Snoqualmie River at Tokul Creek prohibit fishing for any species from a floating device, not just gamefish; Tye River whitefish gear rules apply December 1 through last day in February; Washougal River delete April 16 though May 31 additional season; plus housekeeping changes to comply with new November 30 closing date as well as housekeeping changes for clarification.

     WAC 232-28-621, reduce size of terminal gear restricted area in Duwamish waterway to waters upstream from an east-west line through Southwest Hanford Street to a line projected east from the south tip of Harbor Island. This covers the area where snagging occurs, and allows different gear to be used elsewhere.

     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, governmental.

     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 affect recreational fishers, not small businesses.

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

     Hearing Location: Skagit County PUD, 1415 Freeway Drive, Mount Vernon, WA, on December 6-7, 2002, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Nancy Burkhart by November 22, 2002, TDD (360) 902-2207 or (360) 902-2449.

     Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by November 29, 2002.

     Date of Intended Adoption: February 7-8, 2003.

October 21, 2002

Evan Jacoby

Rules Coordinator

OTS-5978.1

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

WAC 220-12-020   Shellfish -- Classification.   The following species are classified as shellfish under RCW 75.08.080 and are subject to the provisions of this title:

Abalone
Red abalone	Haliotis refescens
Pinto abalone	Haliotis kamtschatkana
Mussel
Blue mussel	Mytilis edulis
California mussel	Mytilis californianus
Scallops
Pacific pink scallop	Chlamys rubida
Rock scallop	Crassadoma gigantea
Spiny scallop	Chlamys hastata
Weathervane scallop	Patinopecten caurinus
Clams
Bent nose clam	Macoma secta
All other macoma clams	Macoma spp.
Butter clam	Saxidomus giganteus
Common cockle	Clinocardium nuttalli
Geoduck	Panope abrupta
Horse or Gaper clam	Tresus nuttalli,
	Tresus capax
Mud or soft shell clam	Mya arenaria
Manila clam	Tapes philippinarum
Piddock	Zirfaea pilsbryi
Razor clam	Siliqua patula
Rock or native little neck clam	Protothaca staminea
All other native marine clams	(((Eulamellibranchia)))
Oysters
Eastern oyster	Crassostrea virginica
Olympia or native oyster	Ostrea lurida
Pacific oyster	Crassostrea gigas
Kumamoto oyster	Crassostrea gigas (kumamoto)
European oyster	Ostrea edulis
All other oysters	(Ostreidae)
Squid
Pacific Coast squid	Loligo opalescens
Nail squid	Onychoteuthis borealijaponica
Flying squid	Ommastrephes bartramai
All other squid	Sepioidea or Teuthoiden
Octopus
Octopus	Octopus dolfeni
Barnacles
Goose barnacle	Pollicipes polymerus
Shrimp
Coonstripe shrimp	Pandalus danae
Coonstripe shrimp	Pandalus hypsinotus
Ghost or sand shrimp	Callianassa spp.
Humpy shrimp	Pandalus goniurus
Mud shrimp	Upogebia pugettensis
Ocean pink shrimp	Pandalus jordani
Pink shrimp	Pandalus borealis
Sidestripe shrimp	Pandalopsis dispar
Spot shrimp	Pandalus platyceros
Crab
Dungeness or Pacific crab	Cancer magister
Red rock crab	Cancer productus
Tanner crab	Chionoecetes tanneri
King and box crab	Lopholithodes spp.
Crawfish
Crawfish	Pacifastacus sp.
Sea cucumber
Sea cucumber	Parastichopus californicus
Sea cucumber	Cucumaria miniata
Sea urchin
Green urchin	Strongylocentrotus      droebachiensis
Red urchin	Strongylocentrotus      franciscanus
Purple urchin	Strongylocentrotus purpuratus

[Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 220-12-020, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-12-020, filed 1/30/95, effective 5/1/95; 91-10-024 (Order 91-22), § 220-12-020, filed 4/23/91, effective 5/24/91; 88-12-025 (Order 88-28), § 220-12-020, filed 5/25/88, effective 8/22/88; 87-23-006 (Order 87-187), § 220-12-020, filed 11/6/87; 86-24-046 (Order 86-190), § 220-12-020, filed 11/26/86; 85-09-017 (Order 85-20), § 220-12-020, filed 4/9/85; 85-01-010 (Order 84-214), § 220-12-020, filed 12/7/84; 83-24-024 (Order 83-200), § 220-12-020, filed 11/30/83, effective 1/1/84; Order 1186, § 220-12-020, filed 1/13/75; Order 990, § 220-12-020, filed 5/11/72; Order 807, § 220-12-020, filed 1/2/69, effective 2/1/69; Order 677, Shellfish classification, filed 3/31/66; Order 256, Shellfish classification, filed 3/1/60; Abalone and octopus from Order 483 and 256, filed 3/1/60.]

OTS-5989.1

NEW SECTION
WAC 220-56-129   Unclassified freshwater invertebrates.   (1) Definitions. For purposes of this section:

     (a) "Daily limit" means individual animals retained, alive or dead.

     (b) "Freshwater clams and mussels" means all freshwater bivalves existing in Washington in a wild state, except prohibited aquatic animal species classified under WAC 232-12-090.

     (2) It is unlawful for any person to fail to comply with the following provisions regarding the take of freshwater clams and mussels:

     (a) The daily limit is ten freshwater clams and mussels.

     (b) The daily limit and the possession limit are the same.

     (c) Freshwater clams and mussels may only be taken by hand. No tools or implements may be used to take freshwater clams and mussels.

     (d) Each person taking freshwater clams and mussels must retain their take in a separate container.

     (3) Violation of this rule is punishable under RCW 77.15.140.

[]

OTS-6012.1

AMENDATORY SECTION(Amending WSR 90-06-026, filed 2/28/90, effective 3/31/90)

WAC 220-56-230   Bottomfish -- Closed areas.   It is unlawful to fish for or possess bottomfish taken for personal use from ((the San Juan Islands Marine Preserve Area)) within a rectangle defined by the following points: 48°N, 125°18'W; 48°18'N, 125°18'W; 48°18'N, 124°59'W; and 48°N, 124°59'W.

[Statutory Authority: RCW 75.08.080. 90-06-026, § 220-56-230, filed 2/28/90, effective 3/31/90.]

     (1) Coastal area (a) Catch Record Card Areas 1 through 3 - ((April 1)) March 16 through ((September 30)) October 15, (b) Catch Record Card Area 4 - April 16 through ((September 30)) October 15.

     (2) Catch Record Card Areas 5 through 13 - May 1 through June 15 by angling and May 21 through June 15 by spear fishing.

[Statutory Authority: 2000 c 107 § 7. 00-17-016 (Order 00-139), § 220-56-250, filed 8/3/00, effective 9/3/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-250, filed 3/29/00, effective 5/1/00. Statutory Authority: RCW 75.08.080. 92-11-012 (Order 92-19), § 220-56-250, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), § 220-56-250, filed 4/2/91, effective 5/3/91; 89-10-032 (Order 89-26), § 220-56-250, filed 4/27/89; 84-09-026 (Order 84-22), § 220-56-250, filed 4/11/84; 83-07-043 (Order 83-16), § 220-56-250, filed 3/17/83; 82-07-047 (Order 82-19), § 220-56-250, filed 3/18/82; 80-07-017 (Order 80-45), § 220-56-250, filed 6/11/80; 80-03-064 (Order 80-12), § 220-56-250, filed 2/27/80, effective 4/1/80.]

     (a) Catch Record Card Area 1: Open May 1 through September 30, unless closed earlier by emergency regulation. Minimum size limit 32 inches in length.

     (b) Catch Record Card Area 2:

     (i) Those waters south of the Queets River, north of 47° and east of 124°40'W - Open May 2 through September 30, unless closed earlier by emergency regulation.

     (ii) All other open waters in Area 2 - Open May 2 through September 30, unless closed to fishing for halibut 12:01 a.m. of each Friday through 11:59 p.m. of each Saturday.

     (iii) The following waters are closed to halibut fishing: Inside a rectangle defined by the following four corners: 47°19'0"N, 124°53'0"W; 47°19'00"N, 124°48'0"W; 47°16'0"N, 124°53'0"W; 47°16'0"N, 124°48'0"W.

     (c) Catch Record Card Area 3 and those waters of Catch Record Card Area 4 west of the Bonilla-Tatoosh line: Open May 1 through September 30 unless closed by emergency regulation. Closed to fishing for halibut 12:01 a.m. of each Sunday through 11:59 p.m. of each Monday. The following area southwest of Cape Flattery is closed to halibut fishing at all times:

     Those waters within a rectangle defined by the following four corners: 48°18'N, ((125°11'W)) 125°18'W; 48°18'N, 124°59'W; ((48°04'N, 125°11'W)) 48°N, 125°18'W; ((48°04'N)) 48°N, 124°59'W.

     (d) Catch Record Card Area 4 east of the Bonilla-Tatoosh line and Catch Record Card Areas 5 through 13: May 27 through July 12 - Closed 12:01 a.m. Tuesday through 11:59 p.m. Wednesday of each week during the open period.

     (2) Daily limit one halibut. The daily limit in Area 1 is the first halibut over 32 inches in length brought aboard the vessel.

     (3) The possession limit is two daily limits of halibut in any form, except the possession limit aboard the fishing vessel is one daily limit.

[Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), § 220-56-255, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), § 220-56-255, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-255, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-255, filed 3/19/97, effective 5/1/97; 95-12-027 (Order 95-46), § 220-56-255, filed 5/31/95, effective 7/1/95; 94-14-069, § 220-56-255, filed 7/1/94, effective 8/1/94; 93-15-011, § 220-56-255, filed 7/8/93, effective 8/8/93; 93-08-034 (Order 93-20), § 220-56-255, filed 3/31/93, effective 5/1/93; 89-07-060 (Order 89-12), § 220-56-255, filed 3/16/89; 88-10-013 (Order 88-15), § 220-56-255, filed 4/26/88; 85-10-062 (Order 85-39), § 220-56-255, filed 5/1/85; 80-03-064 (Order 80-12), § 220-56-255, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-071.]

OTS-5980.2

AMENDATORY SECTION(Amending Order 02-53, filed 3/29/02, effective 5/1/02)

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.
	Chelan River - Railroad Bridge.
	Cispus River - Posted markers at the Lewis County P.U.D. kayak launch, approximately 1.5 miles upstream from the confluence of the Cowlitz and Cispus rivers.
	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.
	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. 02-08-048 (Order 02-53), § 220-56-105, filed 3/29/02, effective 5/1/02; 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.]

     (1) Coastal (Catch Record Card Areas 1 through 4) - 15 fish in the aggregate of all species and species groups of bottomfish, which may include no more than:

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

     (b) Rockfish - 10 fish of which no more than ((2)) 1 may be a canary rockfish. Release all yelloweye rockfish.

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

     (d) Wolfeel - 0 fish 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, except canary and yelloweye rockfish except	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, and release canary and yelloweye rockfish
	Surfperch	10 fish
	Pacific cod	2 fish
	Pollock	2 fish
	Flatfish (except halibut)	15 fish
	Lingcod	1 fish
	Wolf-eel	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, except canary and yelloweye 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, except canary and yelloweye 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.

     (h) It is unlawful to retain canary or yelloweye rockfish taken from Catch Record Card Areas 5 through 13.

[Statutory Authority: RCW 77.12.047. 02-09-001 (Order 02-53A), § 220-56-235, filed 4/3/02, effective 5/4/02; 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.]

[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 220-56-265, filed 3/29/02, effective 5/1/02. 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.]

     (a) Discovery Bay Shrimp District - All waters south of a line from McCurdy Point on the Quimper Peninsula to the northern tip of Protection Island, to Rocky Point on the Miller Peninsula, and including all waters of Discovery Bay;

     (b) Port Angeles Shrimp District - All waters of Port Angeles Harbor west of a line from the eastern tip of Ediz Hook to the ITT-Rayonier dock;

     (c) Sequim Bay Shrimp District - All waters of Sequim Bay south of a line projected west from Travis Spit on the Miller Peninsula;

     (d) Hood Canal Shrimp District - All waters of Hood Canal south of the Hood Canal Floating Bridge;

     (e) Carr Inlet Shrimp District - All waters of Carr Inlet north of a line from Penrose Point to Green Point;

     (f) Port Townsend Shrimp District - All waters of Port Townsend Bay south and west of a line from Marrowstone Point to Point Wilson, including Kilisut Harbor.

     (2) It shall be unlawful to fish for or possess shrimp taken for personal use from the following areas, except as otherwise provided in this section:

     (a) Discovery Bay Shrimp District - Open 7:00 a.m. the first Saturday in June ((through September 5)) and open only on days set by emergency rule;

     (b) Port Angeles Shrimp District - Open 7:00 a.m. the first Saturday in June through September 30;

     (c) Hood Canal Shrimp District - Open 9:00 a.m. on the third Saturday in May and open only on days set by emergency ((regulation)) rule;

     (d) Port Townsend Shrimp District and Marine Area 10 - Open 7:00 a.m. the third Saturday in April and open only on days set by emergency rule;

     (e) All other areas - Open 7:00 a.m. the third Saturday in April through October 15 except:

     (i) Closed in Sequim Bay Shrimp District and Carr Inlet Shrimp District.

     (ii) Marine Areas 8-1, 8-2, and 9 ((and 10)) closed Monday through Wednesday of each week during the open period.

     (3) During the general shrimp seasons described above, it is unlawful to retain spot shrimp except as provided below:

     (a) Discovery Bay Shrimp District - ((First Saturday in June through third Saturday in August.)) Spot shrimp may be retained on Saturdays only.

     (b) Port Angeles Shrimp District - ((First Saturday in June through first Saturday in September.)) Spot shrimp may be retained on Saturdays and Sundays only.

     (c) Marine Areas 8-1, 8-2, and 9 ((and 10)) - ((Third Saturday in April through June 30.)) Spot shrimp may be retained ((each day)) only as set by emergency rule.

     (d) All other areas - Spot shrimp may be retained each open day ((the third Saturday in April through October 15)).

[Statutory Authority: RCW 77.12.047. 01-06-036 (Order 01-24), § 220-56-325, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), § 220-56-325, filed 7/20/99, effective 8/20/99; 98-06-031, § 220-56-325, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-325, filed 3/19/97, effective 5/1/97; 96-05-004 (Order 96-13), § 220-56-325, filed 2/9/96, effective 5/1/96; 93-08-034 (Order 93-20), § 220-56-325, filed 3/31/93, effective 5/1/93; 89-07-060 (Order 89-12), § 220-56-325, filed 3/16/89; 86-09-020 (Order 86-08), § 220-56-325, filed 4/9/86; 84-09-026 (Order 84-22), § 220-56-325, filed 4/11/84; 80-03-064 (Order 80-12), § 220-56-325, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-084.]

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

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

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

     (d) Camano Island State Park: Open 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 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 open March 1 through December 31.

     (j) Dungeness Spit and Dungeness National Wildlife Refuge Tidelands - Open May 15 through September 30.

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

     (l) Fort Flagler State Park including that portion of the spit west of the park boundary (Rat Island): Open April 1 through June 30.

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

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

     (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.

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

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

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

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

     (t) Kayak Point County Park: Closed the entire year.

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

     (v) Kopachuck State Park: Open June 1 through June 30.

     (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.

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

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

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

     (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.

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

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

     (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 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.

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

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

     (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): April 1 through April 30.

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

     (kk) Port Townsend Ship Canal/Portage Canal: Open January 1 through 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 Tidelands - 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 state-owned tidelands on the west side of the bay ((defined by boundary markers and a sign on the beach)) north of the Quilcene Boat Haven are open April 1 through December 31((, daily from official sunrise to official sunset only)).

     (qq) Rendsland Creek: Open January 1 through 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 15.

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

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

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

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

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

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

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

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

     (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. 02-17-019 (Order 02-193), § 220-56-350, filed 8/9/02, effective 9/9/02; 02-08-048 (Order 02-53), § 220-56-350, filed 3/29/02, effective 5/1/02; 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.]

     (a) Brown Point (DNR 57-B): Closed the entire year.

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

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

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

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

     (c) Dosewallips State Park: Open March 1 through 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 open to the harvest of oysters March 1 through December 31.

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

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

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

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

     (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.

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

     (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.

     (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 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.

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

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

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

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

     (q) Quilcene Bay Tidelands - 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 state-owned tidelands on the west side of the bay ((defined by boundary markers and a sign at the beach)) north of the Quilcene Boat Haven are open April 1 through December 31((, daily from official sunrise to official sunset, only)).

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

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

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

     (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.

     (v) Wolfe Property State Park: Open January 1 through 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. 02-08-048 (Order 02-53), § 220-56-380, filed 3/29/02, effective 5/1/02; 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.]

OTS-5979.1

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

WAC 220-56-320   Shellfish gear -- Unlawful acts.   (1) It is unlawful for the owner or operator of any personal use shellfish gear to leave such gear unattended in the waters of the state unless said gear is marked with a buoy to which shall be affixed in a permanent visible and legible manner the first and last name and permanent mailing address of the operator. It is unlawful for more than one person's name and address to appear on the same marker buoy. Unattended shellfish gear must have the line attaching the buoy to the pot weighted sufficiently to prevent the line from floating on the water's surface. The following additional requirements apply to buoys attached to unattended shellfish pots:

     (a) All buoys must consist of durable material and remain visible on the surface at all times except during extreme tidal conditions. It is unlawful to use bleach, antifreeze or detergent bottles, paint cans or any other container.

     (b) All buoys attached to shrimp gear must be yellow or fluorescent yellow in color. Flags and staff, if attached, may be any color.

     (c) All buoys attached to crab gear must be half red or half fluorescent red in color and half white in color. Flags and staff, if attached, may be any color.

     (2) The maximum perimeter of any shrimp pot shall not exceed 10 feet, and the pot shall not exceed 1-1/2 feet in height.

     (3) It is unlawful to fish for or possess crab taken with shellfish pot gear that are equipped with tunnel triggers or other devices which prevent free exit of crabs under the legal limit unless such gear is equipped with not less than two escape rings located in the upper half of the pot which are not less than 4-1/4 inches inside diameter in all waters except the Columbia River. In the Columbia River east of the Buoy 10 line the escape ring minimum size is 4 inches inside diameter. The minimum mesh size for crab pots is 1-1/2 inches.

     (4) It is unlawful to take, fish for or possess shrimp taken for personal use with shellfish pot gear in the waters of Hood Canal southerly of the site of the Hood Canal Floating Bridge unless such gear meets the following requirements:

     (a) The entire top, bottom, and sides of the shellfish pots must be constructed of mesh material and except for the entrance tunnels have the minimum mesh opening size defined below.

     (b) The minimum mesh opening size for Hood Canal shrimp pots is defined as a mesh that a 7/8-inch square peg will pass through each mesh without changing the shape of the mesh opening.

     (c) All entrance tunnels must open into the pot from the side.

     (d) The sum of the maximum widths of all entrance tunnels must not exceed 1/2 the perimeter of the bottom of the pot.

     (5) It is unlawful to fish for or possess shellfish taken for personal use with shellfish pot gear unless the gear allows for escapement using at least one of the following methods:

     (a) Attachment of pot lid hooks or tiedown straps with a single strand or loop of untreated, 100 percent cotton twine no larger than thread size 120 so that the pot lid will open freely if the twine or fiber is broken.

     (b) An opening in the pot mesh no less than three inches by five inches which is laced or sewn closed with untreated, 100 percent cotton twine no larger than thread size 120. The opening must be located within the top half of the pot and be unimpeded by the entry tunnels, bait boxes, or any other structures or materials.

     (c) Attachment of pot lid or one pot side serving as a pot lid with no more than three single loops of untreated 100 percent cotton or other natural fiber twine no larger than thread size 120 so that the pot lid or side will open freely if the twine or fiber is broken.

     (6) Shellfish pots must be set in a manner that they are covered by water at all times.

[Statutory Authority: RCW 77.12.047. 01-06-036 (Order 01-24), § 220-56-320, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-08-029 (Order 99-13), § 220-56-320, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-320, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-320, filed 3/19/97, effective 5/1/97; 94-14-069, § 220-56-320, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), § 220-56-320, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), § 220-56-320, filed 5/12/92, effective 6/12/92; 90-06-026, § 220-56-320, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-320, filed 3/16/89; 88-12-025 (Order 88-28), § 220-56-320, filed 5/25/88, effective 8/22/88; 87-09-066 (Order 87-16), § 220-56-320, filed 4/21/87; 85-09-017 (Order 85-20), § 220-56-320, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-320, filed 4/11/84; 82-07-047 (Order 82-19), § 220-56-320, filed 3/18/82; 81-05-027 (Order 81-13), § 220-56-320, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), § 220-56-320, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-088.]

OTS-5981.1

AMENDATORY SECTION(Amending Order 02-53, filed 3/29/02, effective 5/1/02)

WAC 232-12-619   Permanent Washington statewide game fish rules.   The following statewide rules apply to all waters unless modified under regional regulation exceptions.

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

     (2) It is unlawful to:

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

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

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

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

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

     (3) Seasonal steelhead limit: Each angler who possesses a valid steelhead catch record card may not retain more than thirty steelhead April 1st through the following March 31st of which no more than five may be wild steelhead from waters in which wild steelhead retention is allowed.

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

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

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

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

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

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

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

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

     (12) OPEN SEASONS:

LAKES, PONDS, AND RESERVOIRS:	YEAR AROUND, unless specified otherwise under exceptions to statewide rules.
RIVERS, STREAMS AND BEAVER PONDS:	JUNE 1 THROUGH ((OCTOBER 31)) NOVEMBER 30, unless specified otherwise under exceptions to statewide rules.

((Note:

The date set for "traditional" April openers for Lakes, Ponds, and Reservoirs for this year and future years is the last Saturday in April.))

     (13) Daily limits and minimum sizes:

GAME FISH SPECIES	DAILY LIMIT		MINIMUM SIZE LIMIT
BASS	Five - release bass greater than twelve but less than seventeen inches in length, only one over seventeen inches may be retained Bass may be caught, retained, and released alive from a livewell until a daily limit is in possession.		None
GRASS CARP.... It is unlawful to fish for or retain grass carp.
TROUT (except Eastern Brook trout)	A total of five trout, of which no more than two may be from Rivers, Streams, and Beaver Ponds.		None in Lakes, Ponds, and Reservoirs.
	No more than two of the trout daily catch limit of 5 may be Steelhead.		Eight inches in Rivers, Streams, and Beaver Ponds.
EASTERN BROOK TROUT (Salvelinus fontinalis)	Five - to be considered part of the trout daily catch limit.		None
BURBOT	Five		None
CHANNEL CATFISH	Five.		None.

     (a) The following game fish species are managed as trout:

     Eastern brook trout

     Brown trout

     Cutthroat trout

     Dolly Varden/Bull trout

     Golden trout

     Grayling

     Kokanee/Silver trout

     Lake trout

     Landlocked Atlantic salmon

     Rainbow trout/Steelhead

     Landlocked chinook and coho

     (b) Wild steelhead release is required year-round except as provided in exceptions to statewide rules.

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

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

WALLEYE	Five, not more than one over twenty-two inches		Sixteen inches
	Walleye may be caught, retained, and released alive from a livewell until a daily limit is in possession.
WHITEFISH	Fifteen		None
ALL OTHER GAME FISH	No Limit		None
BULLFROGS	No Limit		None

     (14) Daily wild steelhead limit: It is unlawful for any person to retain more than one wild steelhead per day from those waters in which wild steelhead retention is allowed.

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

     (16) Marine waters rules: These rules apply to all marine waters contained within the boundaries of Washington state, within Puget Sound, Hood Canal, the Strait of Juan de Fuca, the San Juan Islands, the Straight of Georgia, and the Pacific Ocean, including estuaries (river mouths) from salt water upstream to a line between the outermost headlands measured at the highest high tide (usually the debris line furthest inshore on surrounding beaches), unless otherwise described under area regulations (see individual areas, below):

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

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

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

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

[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 232-12-619, filed 3/29/02, effective 5/1/02. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 232-12-619, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 232-12-619, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), § 232-12-619, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), § 232-12-619, filed 3/30/99, effective 5/1/99. Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), § 232-12-619, filed 1/13/99, effective 2/13/99. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 232-12-619, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080 and 75.12.040. 97-18-035, § 232-12-619, filed 8/27/97, effective 9/27/97. Statutory Authority: RCW 77.12.040. 97-07-076 (Order 97-50), § 232-12-619, filed 3/19/97, effective 5/1/97; 96-11-079 (Order 96-45), § 232-12-619, filed 5/13/96, effective 6/13/96; 95-17-063 (Order 95-103), § 232-12-619, filed 8/15/95, effective 9/15/95; 95-05-008 (Order 95-11), § 232-12-619, filed 2/1/95, effective 5/1/95. Statutory Authority: RCW 77.04.055 and 77.12.040. 93-21-070 (Order 617), § 232-12-619, filed 10/20/93, effective 4/16/94. Statutory Authority: RCW 77.12.040. 93-10-054 (Order 600), § 232-12-619, filed 4/30/93, effective 5/31/93. Statutory Authority: RCW 77.04.055 and 77.12.040. 92-01-084 (Order 524), § 232-12-619, filed 12/16/91, effective 4/16/92.]

OTS-6010.2

AMENDATORY SECTION(Amending Order 02-249, filed 9/30/02, effective 10/31/02)

WAC 232-28-619   Washington food fish and game fish -- Freshwater exceptions to statewide rules.   (1) All freshwater streams and lakes not listed as open for salmon fishing are closed.

     (2) County freshwater exceptions to statewide rules:

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

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

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

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

     (e) Kitsap County and Mason County on Tahuya Peninsula west of Belfair-Bremerton Highway (S.R. 3): Beaver ponds: Last Saturday in April through ((October 31)) November 30 season. Trout: No minimum length.

     (3) Specific freshwater exceptions to statewide rules:

Aberdeen Lake (Grays Harbor County): Last Saturday in April through ((October 31)) November 30 season.

Abernathy Creek (Cowlitz County):

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

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

Aeneas Lake (Okanogan County): Last Saturday in April through ((October 31)) November 30 season. Fly fishing only. Fishing from a floating device equipped with a motor prohibited. Trout: Daily limit one.

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

Alder Creek (Cowlitz County): Closed waters.

Aldrich Lake (Mason County): Last Saturday in April through ((October 31)) November 30 season.

Aldwell Lake (Clallam County): Last Saturday in April through ((October 31)) November 30 season. Selective gear rules except fishing from a floating device equipped with a motor permitted. Trout: Daily limit two, minimum length twelve inches.

Alexander Lake (Kitsap County): Closed waters.

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

Alta Lake (Okanogan County): Last Saturday in April through September 30 season.

Amber Lake (Spokane County): Last Saturday in April through September 30 season. Selective gear rules, except electric motors allowed. Trout: Daily limit two, minimum length fourteen inches; release rainbow trout missing adipose fin. Additional season October 1 through November 30 and March 1 through last Saturday in April. Selective gear rules except electric motors allowed. All species: Release all fish.

American Lake (Pierce County): Chumming permitted.

American River (Yakima County): Selective gear rules.

Anderson Lake (Jefferson County): Last Saturday in April through ((October 31)) November 30 season. Fishing from a floating device equipped with an internal combustion motor prohibited. From September 1 through ((October 31)) November 30, selective gear rules and all species: Release all fish.

Armstrong Lake (Snohomish County): Last Saturday in April through ((October 31)) November 30 season.

Asotin Creek, mainstem and forks (Asotin County): Closed to fishing for steelhead.

     From SR 129 Bridge upstream to the forks: Lawful to fish up to base of Headgate Dam.

     North Fork from mouth upstream to USFS boundary: Selective gear rules.

     North Fork from USFS boundary upstream and all other tributaries: Closed waters.

South Fork and tributaries: Closed waters.

B.C. Mill Pond (Stevens County): Last Saturday in April through ((October 31)) November 30 season.

Bachelor Creek (Yakima County): Year around season. Trout: Daily limit five, no minimum length.

Badger Lake (Spokane County): Last Saturday in April through September 30 season.

Baker Lake (Whatcom County): Last Saturday in April through ((October 31)) November 30 season, except closed waters in an area two hundred feet in radius around the pump discharge at the south end of the lake. Chumming permitted. Trout: Minimum length six inches and maximum length eighteen inches.

Baker River (Skagit County): Mouth to Highway 20 Bridge: September 1 through ((October 31)) November 30 season. Nonbuoyant lure restriction and night closure. Trout: Minimum length fourteen inches, except Dolly Varden/Bull Trout. Legal to retain Dolly Varden/Bull Trout as part of the trout daily limit, minimum length twenty inches.

     Highway 20 Bridge to Baker River fish barrier dam: Closed waters June 1 through August 31.

Banks Lake (Grant County): Perch: Daily limit twenty-five.

Barnaby Slough (Skagit County): Closed waters.

Battle Ground Lake (Clark County): Fishing from a floating device equipped with an internal combustion motor prohibited. Trout: No more than 2 trout 20 inches or greater in length may be retained.

Bay Lake (Pierce County): Last Saturday in April through ((October 31)) November 30 season.

Bayley Lake (Stevens County): Last Saturday in April through July 4 season. Fly fishing only. Fishing from a floating device equipped with a motor prohibited. Trout: Daily limit one, minimum length fourteen inches. Additional season, July 5 through ((October 31)) November 30. Fly fishing only. Fishing from a floating device equipped with a motor prohibited. All species: Release all fish. Inlet stream: Closed waters.

Bear Creek (Yakima County), tributary to South Fork Tieton River: From the mouth to the falls (approximately 3/4 mile): Closed waters.

Bear Lake (Spokane County): Juveniles, holders of disability licenses, and licensed adults accompanied by a juvenile only.

Bear River (Pacific County): June 1 through March 31 season. Nonbuoyant lure restriction and night closure August 16 through November 30. Single point barbless hooks required August 16 through November 30 downstream from the Lime Quarry Road. Upstream from the Lime Quarry Road: Selective gear rules June 1 through March 31. All game fish: Release all fish. Salmon: Open only September 1 through November 30. Daily limit 6 fish of which no more than 2 may be adult fish and of these two fish no more than one may be a wild adult coho. Release adult chinook.

Beaver Creek (tributary to Elochoman River) (Wahkiakum County): Closed waters.

Beaver Lake (Clallam County): Selective gear rules except electric motors allowed. Trout: Daily limit one.

Beaver Lake (Columbia County): March 1 through ((October 31)) November 30 season. Fishing from any floating device prohibited.

Beda Lake (Grant County): Selective gear rules. Trout: Daily limit one fish.

Beehive (Lake) Reservoir (Chelan County): Last Saturday in April through ((October 31)) November 30 season. July 5 through ((October 31)) November 30, selective gear rules, and all species: Release all fish.

Bennington Lake (Mill Creek Reservoir) (Walla Walla County): Fishing from a floating device equipped with an internal combustion motor prohibited.

Benson Lake (Mason County): Last Saturday in April through ((October 31)) November 30 season.

Berry Creek (tributary to Nisqually River) (Lewis County): Selective gear rules.

Big Bear Creek (tributary of Sammamish River) (Snohomish/King counties): Closed waters.

Big Beaver Creek (Whatcom County):

     From closed water markers on Ross Lake upstream one-quarter mile: Closed waters.

     From one-quarter mile markers upstream, including tributary streams, and beaver ponds that are tributary to Big Beaver Creek: July 1 through ((October 31)) November 30 season. Selective gear rules. All species: Release all fish.

Big Beef Creek (Kitsap County): June 1 through August 31 season. Trout: Release all cutthroat trout.

Big Four Lake (Columbia County): March 1 through ((October 31)) November 30 season. Fly fishing only. Fishing from any floating device prohibited. Trout: Daily limit two.

Big Lake (Skagit County): Salmon: Landlocked salmon rules apply.

Big Meadow Lake (Pend Oreille County): Last Saturday in April through ((October 31)) November 30 season.

Big Quilcene River (Jefferson County):

     From mouth to upper boundary of Falls View Campground June 1 through last day in February season except closed August 16 through October 31 from mouth to Rodgers Street: August 16 through December 31 - closed to fishing from one hour after official sunset to one hour before official sunrise in those waters upstream from Rodgers Street to the Highway 101 Bridge. Selective gear rules. All game fish: Release all fish. Salmon: Open only August 16 through October 31 from Rodgers Street to the Highway 101 Bridge. Daily limit 4 coho salmon.

     From Highway 101 Bridge upstream to the electric weir at the Quilcene National Fish Hatchery: Closed waters.

Big River (Clallam County): June 1 through last day in February season. Trout: Minimum length fourteen inches. Wild steelhead may be retained December 1 through last day in February.

Big Twin Lake (Okanogan County): Last Saturday in April through ((October 31)) November 30 season. Selective gear rules except electric motors permitted. Trout: Daily limit one.

Bird Creek (Klickitat County): Trout: Daily limit five.

Black Lake (Lower Wheeler Reservoir) (Chelan County): Last Saturday in April through ((October 31)) November 30 season. July 5 through ((October 31)) November 30, selective gear rules, and all species: Release all fish.

Black Lake (Okanogan County): Selective gear rules.

Black Lake (Pacific County): Last Saturday in April through ((October 31)) November 30 season.

Black Lake (Stevens County): Last Saturday in April through ((October 31)) November 30 season.

Black River (Thurston County), from mouth to Black Lake and including all tributaries west of Interstate Highway 5, including Waddell Creek, Mima Creek, Dempsey Creek, Beaver Creek, Salmon Creek and Blooms Ditch: Selective gear rules. Trout: Minimum length fourteen inches.

Blockhouse Creek (Klickitat County): Trout: Daily limit five.

Bloodgood Creek (Klickitat County): Trout: Daily limit five.

Blue Creek (Lewis County), from mouth to Spencer Road: Closed waters except December 1 through December 31 season from mouth to posted sign at rearing pond outlet. Closed waters: Upstream from cable crossing to posted signs at fence. Nonbuoyant lure restriction and night closure. Only wheelchair-bound anglers may fish from posted signs above rearing pond to posted signs approximately 40 feet downstream at fence including the rearing pond outlet. Trout: Daily limit five. Minimum size 12 inches no more than two fish over 20 inches. Release wild cutthroat, wild steelhead and hatchery steelhead with missing right ventral fin.

Blue Lake (Columbia County): March 1 through ((October 31)) November 30 season. Fishing from any floating device prohibited.

Blue Lake (Cowlitz County): Last Saturday in April through ((October 31)) November 30 season. Selective gear rules. All species: Release all fish.

Blue Lake (Grant County): Last Saturday in April through September 30 season.

Blue Lake (near Sinlahekin) (Okanogan County): Last Saturday in April through ((October 31)) November 30 season. Selective gear rules, except electric motors allowed. Trout: Daily limit one.

Blue Lake (near Wannacut Lake) (Okanogan County): Last Saturday in April through ((October 31)) November 30 season. Selective gear rules, except electric motors allowed. Trout: Daily limit one.

Bobcat Creek and Ponds (Adams County): April 1 through September 30 season.

Bogachiel River (Clallam County), from mouth to Olympic National Park boundary: June 1 through April 30 season. December 1 through April 30, selective gear rules from Highway 101 to Olympic National Park boundary. Trout: Minimum length fourteen inches. December 1 through April 30, mouth to Highway 101, one wild steelhead per day may be retained. Salmon: Open only July 1 through November 30 from mouth to Highway 101 Bridge. Daily limit 6 fish of which no more than 2 may be adult salmon. July 1 through August 31 release wild adult coho and wild adult chinook.

Bonaparte Lake (Okanogan County): Trout: No more than one over twenty inches in length may be retained.

Bosworth Lake (Snohomish County): Last Saturday in April through ((October 31)) November 30 season.

Boundary Creek (Clallam County): Closed waters.

Bowman Creek (Klickitat County): Trout: Daily limit five.

Box Canyon Creek (Kittitas County), from mouth to waterfall approximately 2 miles upstream: Closed waters. From waterfall approximately 2 miles upstream of mouth to USFS Road #4930 Bridge: Selective gear rules.

Boxley Creek (North Bend) (King County), from its mouth to the falls located at approximately river mile 0.9: Closed waters.

Boyle Lake (King County): Last Saturday in April through ((October 31)) November 30 season. The inlet and outlet streams to Boyle Lake are closed waters.

Bradley Lake (Pierce County): Salmon: Landlocked salmon rules apply.

Bridges Lake (King County): Last Saturday in April through ((October 31)) November 30 season. The inlet and outlet streams to Bridges Lake are closed waters.

Brookies Lake (Grant County): Selective gear rules. Trout: Daily limit one fish.

Browns Creek (Pend Oreille County): Fly fishing only.

Browns Lake (Pend Oreille County): Last Saturday in April through ((October 31)) November 30 season. Fly fishing only. Fishing from a floating device equipped with a motor prohibited.