WSR 03-21-174

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 22, 2003, 11:39 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-18-008.

     Title of Rule: Personal use fishing rules and housekeeping changes.

     Purpose: Provide seasons for 2004-2005 recreational fishery.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: WAC 220-12-020, the classified shellfish list is amended to delete the red abalone, which does not exist in Washington state, update the taxonomic names, add species that have become established (Mediterranean mussel, varnish clam), delete a noncommercial sea cucumber species, effectively reducing the daily limit from twenty-five to ten, and grouping species where listing an individual species is not helpful (all macoma clams, all squid).

     WAC 220-16-270, the shrimp districts definition is amended to clarify the Port Townsend district stops at the north end of the Port Townsend ship canal.

     WAC 220-16-550, Octopus Hole Conservation Area is amended to include tidelands, preventing a rock fish fishery from occurring from shore.

     WAC 220-16-800, hardshell clams are defined. This term is used several times in the WACs, but was undefined. This is a housekeeping measure.

     WAC 220-16-810, "in a wild state" is defined. This term is used in both WAC and RCW, but was not defined. This is a housekeeping measure and clarifies which marine clams are included in the recreational daily limit.

     WAC 220-56-100, nonbuoyant lure restriction is clarified, and hooks are not allowed above a floating lure, in order to prevent snagging.

     WAC 220-56-115, single barbless hooks are proposed for marine waters to prevent use of treble hooks to snag salmon.

     WAC 220-56-118, a new rule is proposed on handling fish. This rule incorporates the current prohibition on removal of oversize sturgeon from the water, applies this to six-gill shark, and for salmon and steelhead provides either no removal from the water (freshwater) or no landing aboard a boat (saltwater). These fish handling rules are intended to prevent damage to fish that have to be released.

     WAC 220-56-150, this housekeeping rule clarifies that designated harvesters can take fish and shellfish other than razor clams.

     WAC 220-56-215, the freshwater snagging prohibition is expanded to all fish, and what constitutes the head of the fish is clarified. This proposal is intended to protect steelhead.

     WAC 220-56-232, this new rule proposes no vessel angling for bottomfish unless a halibut, lingcod, or salmon season is open, and no retention of bottomfish taken by shore angling unless such seasons are open. This rule is intended to allow bottomfish harvest only during periods that there are observers available.

     WAC 220-56-235, this proposal is intended to protect rockfish, and proposes either a zero rockfish limit or a proposal for no spearfishing for rockfish. These proposals, together with WAC 220-56-232, form a series of options to protect rockfish.

     WAC 220-56-250, a later lingcod season is proposed to coincide with salmon seasons, when department observers are available.

     WAC 220-56-282, this proposal moves the sturgeon closures into WAC 232-28-619 and deletes the sturgeon handling rule now incorporated in new WAC 220-56-118, and establishes a seal and tag requirement to retain sturgeon. This is intended to provide a better accounting of sturgeon harvest.

     WAC 220-56-310, this proposal changes the special limit in the Discovery Bay shrimp district, and clarifies the crab daily limit when fishing from the Columbia River north jetty.

     WAC 220-56-315, the night closure on shellfish gear is clarified. This is a housekeeping measure.

     WAC 220-56-325, the state shrimp seasons are amended to a standard Puget Sound season except for the shrimp districts, which have their own openings, and a standard ocean season. This proposal is intended to provide shrimpers with a date certain to plan shrimping activity.

     WAC 220-56-330, crab season openings are reestablished for Puget Sound, using the knowledge of differential molting periods. This proposal is intended to provide crabbers with a date certain to plan crabbing activity. The Columbia River crab fishing season is clarified.

     WAC 220-56-335, this proposal clarifies the size limit when fishing from the Columbia River north jetty.

     WAC 220-56-350 and 220-56-380, preliminary clam and oyster seasons are proposed. This proposal will be modified as more information becomes available, and additional information will be available at the public hearing.

     WAC 232-12-019, the tiger trout is classified. This trout now becomes part of the trout daily limit.

     WAC 232-12-168, the vessel limit on lakes in bass and walleye contests is clarified. This is a housekeeping measure.

     WAC 232-12-619, the limit on eastern brook trout is eliminated.

     WAC 232-28-619, season and limits are amended to reflect expected harvest opportunity. Of particular note: A trophy crappie fishery is established for fifteen lakes; the steelhead limit is expanded in six southeast Washington streams; a catch and release fishery is proposed for the Cedar River; a hatchery steelhead only fishery is established on eighteen rivers; motorized vessels are prohibited on the upper Satsop and Wynochee rivers.

     Reasons Supporting Proposal: See Summary above.

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

     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 does not change existing rules. See Summary above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small businesses.

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

     Hearing Location: Fort Worden State Park Conference Center, Port Townsend, Washington, on December 5-6, 2003, begins 8:00 a.m. on December 5, 2003.

     Assistance for Persons with Disabilities: Contact Susan Yeager by November 24, 2003, TDD (360) 902-2207 or (360) 902-2267.

     Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by November 28, 2003.

     Date of Intended Adoption: December 5, 2003.

October 22, 2003

Evan Jacoby

Rules Coordinator

OTS-6717.3


AMENDATORY SECTION(Amending Order 03-24, filed 2/14/03, effective 5/1/03)

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)) Mytilus trossulus
California mussel ((Mytilis)) Mytilus californianus
Mediterranian mussel Mytilus galloprovincialis
     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)) nuttallii
Geoduck ((Panope)) Panopea abrupta
Horse or Gaper clam Tresus ((nuttalli)) nuttallii,
     Tresus capax
Mud or soft shell clam Mya arenaria
Manila clam ((Tapes)) Venerupis philippinarum
Piddock Zirfaea pilsbryi
Razor clam Siliqua patula
Rock or native little neck

clam

Protothaca staminea

Varnish clam Nuttallia obscurata
All other ((native)) marine clams existing in Washington in a wild state
     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)) Sepiolida or Teuthida
     Octopus
Octopus ((Octopus dolfeni)) Enteroctopus dolfleini
     Barnacles
Goose barnacle Pollicipes polymerus
     Shrimp
Coonstripe shrimp Pandalus danae
Coonstripe shrimp Pandalus hypsinotus
Ghost or sand shrimp ((Callianassa)) Neotrypaea spp.
Humpy shrimp Pandalus goniurus
Mud shrimp Upogebia pugettensis
Ocean pink shrimp Pandalus jordani
Pink shrimp Pandalus ((borealis)) eous
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 77.12.047. 03-05-057 (Order 03-24), § 220-12-020, filed 2/14/03, effective 5/1/03. 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.]

     Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

OTS-6718.2


AMENDATORY SECTION(Amending Order 03-180, filed 8/6/03, effective 9/6/03)

WAC 220-16-270   Puget Sound Shrimp Districts.   The following areas shall be defined as Puget Sound Shrimp Districts:

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

     (2) 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.

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

     (4) Hood Canal Shrimp District - All waters of Hood Canal south of the Hood Canal Floating Bridge.

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

     (6) Port Townsend Shrimp District - All waters of Port Townsend Bay south and west of a line from Marrowstone Point to Point Hudson, and north of the Port Townsend ship canal including Kilisut Harbor.

[Statutory Authority: RCW 77.12.047. 03-16-097 (Order 03-180), § 220-16-270, filed 8/6/03, effective 9/6/03; 01-03-016 (Order 00-271), § 220-16-270, filed 1/5/01, effective 2/5/01; Order 817, § 220-16-270, filed 5/29/69. Formerly WAC 220-16-020 (part).]


AMENDATORY SECTION(Amending Order 99-102, filed 7/20/99, effective 8/20/99)

WAC 220-16-550   Octopus Hole Conservation Area.   "Octopus Hole Conservation Area" is defined as those waters, tidelands, and bedlands of Hood Canal within a line projected due east from the western shore of Hood Canal on latitude 47°27'01"N for 200 yards, thence southerly 628 yards parallel to the high water mark to latitude 47°26'40", thence due west to shore((, but excluding those tidelands, bedlands and waters within 100 feet of the high water mark)).

[Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), § 220-16-550, filed 7/20/99, effective 8/20/99; 98-15-081 (Order 98-122), § 220-16-550, filed 7/15/98, effective 8/15/98; 98-06-031, § 220-16-550, filed 2/26/98, effective 5/1/98.]


NEW SECTION
WAC 220-16-800   Hardshell clam.   "Hardshell clam" means all clams classified as shellfish under WAC 220-12-020 except geoduck clams, horse clams, and mud or softshell clams.

[]


NEW SECTION
WAC 220-16-810   In a wild state.   "In a wild state," when used to describe a population of animals, means the population is naturally reproducing within the state.

[]

OTS-6719.4


AMENDATORY SECTION(Amending Order 03-211, filed 8/20/03, effective 9/20/03)

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 to or no more than three inches below a buoyant lure or within three inches of ((the)) bait or a nonbuoyant lure. No hook may be attached to the line above a buoyant 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 barbless single hooks or lures with 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) "Stationary gear restriction" means the line and weight and lure or bait must be moving while in the water. The line and weight and lure or bait may not be stationary.

     (27) "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.

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

[Statutory Authority: RCW 77.12.047. 03-18-007 (Order 03-211), § 220-56-100, filed 8/20/03, effective 9/20/03; 02-08-048 (Order 02-53), § 220-56-100, filed 3/29/02, effective 5/1/02. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-100, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-08-029 (Order 99-13), § 220-56-100, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-100, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-100, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), § 220-56-100, filed 5/13/96, effective 6/13/96; 95-04-066 (Order 95-10), § 220-56-100, filed 1/30/95, effective 5/1/95; 94-14-069, § 220-56-100, filed 7/1/94, effective 8/1/94; 91-08-054 (Order 91-13), § 220-56-100, filed 4/2/91, effective 5/3/91; 86-09-020 (Order 86-08), § 220-56-100, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-100, filed 4/9/85; 82-13-040 (Order 82-61), § 220-56-100, filed 6/9/82; 80-03-064 (Order 80-12), § 220-56-100, filed 2/27/80, effective 4/1/80.]


AMENDATORY SECTION(Amending Order 02-53A, filed 4/3/02, effective 5/4/02)

WAC 220-56-115   Angling -- Lawful and unlawful acts.   (1) It is unlawful for any person to use more than one line with three hooks while angling for personal use except:

     (a) It is unlawful to use more than 2 single barbless hooks while fishing in Marine Areas 1-4, except for forage fish jigger gear.

     (b) It is unlawful to use more than two single barbless hooks while fishing in Marine Areas 5-13, except for forage fish jigger gear.

     (c) It is lawful to use forage fish jigger gear as provided for in WAC 220-56-265 in Marine Areas 1-13 and the Columbia River downstream from a line between Rocky Point and Tongue Point, and squid jig gear as provided for in WAC 220-56-390 in Marine Areas 1-13.

     (d) A second line using forage fish jigger gear is lawful while fishing in Catch Record Card Areas 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12, and 13.

     (2) It shall be unlawful for any person to take, fish for or possess fish taken for personal use by any means other than angling with a line attached to a pole held in hand while landing the fish or with a hand-operated line without rod or reel except as follows:

     (a) It is lawful to leave the pole in a pole holder while playing or landing the fish if the pole is capable of being readily removed from the pole holder.

     (b) It is lawful to use an electric power-operated reel designed for sport fishing attached to a pole.

     (c) It is lawful to fish for or possess salmon taken for personal use with hand lines (lines not attached to a handheld pole) except use of hand lines is unlawful in those waters west of the mouth of the Sekiu River, the Pacific Ocean, Washington waters at the mouth of the Columbia River west of a line projected true north and south through Buoy 10, Grays Harbor, and Willapa Bay.

     (3) It shall be unlawful for any person while angling to fail to keep his angling gear under his direct and immediate physical control.

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

[Statutory Authority: RCW 77.12.047. 02-09-001 (Order 02-53A), § 220-56-115, filed 4/3/02, effective 5/4/02; 01-06-036 (Order 01-24), § 220-56-115, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-115, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), § 220-56-115, filed 7/20/99, effective 8/20/99; 98-06-031, § 220-56-115, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-115, filed 1/30/95, effective 5/1/95; 91-08-054 (Order 91-13), § 220-56-115, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-115, filed 2/28/90, effective 3/31/90; 88-10-013 (Order 88-15), § 220-56-115, filed 4/26/88; 87-09-066 (Order 87-16), § 220-56-115, filed 4/21/87; 85-09-017 (Order 85-20), § 220-56-115, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-115, filed 4/11/84; 82-13-040 (Order 82-61), § 220-56-115, filed 6/9/82; 82-07-047 (Order 82-19), § 220-56-115, filed 3/18/82; 80-12-040 (Order 80-107), § 220-56-115, filed 8/29/80; 80-03-064 (Order 80-12), § 220-56-115, filed 2/27/80, effective 4/1/80.]


NEW SECTION
WAC 220-56-118   Fish handling rules -- Removal from water.   In order to protect fish that are required to be released:

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

     (2) It is unlawful to totally or partially remove six-gill shark from the water.

     (3) In all freshwater areas, except the Columbia River downstream from a line between Rocky Point and Tongue Point, it is unlawful to totally remove salmon or steelhead from the water if it is unlawful to retain those salmon or steelhead.

     (4) In Marine Areas 5 through 13, Grays Harbor, Willapa Bay, and in the Columbia River downstream from a line between Rocky Point and Tongue Point, it is unlawful to bring salmon or steelhead aboard a vessel if it is unlawful to retain those salmon or steelhead.

[]


AMENDATORY SECTION(Amending Order 86-08, filed 4/9/86)

WAC 220-56-150   Unlawful to take another's limit.   It is unlawful for any person to catch, dig or possess food fish or shellfish for another person except ((razor clams)) designated harvesters as provided in WAC ((220-56-370)) 220-55-065.

[Statutory Authority: RCW 75.08.080. 86-09-020 (Order 86-08), § 220-56-150, filed 4/9/86; 80-03-064 (Order 80-12), § 220-56-150, filed 2/27/80, effective 4/1/80.]


NEW SECTION
WAC 220-56-232   Bottomfish seasons.   (1) It is lawful to fish for and retain bottomfish from shore and from fishing piers the entire year, except that it is unlawful to retain rockfish unless a halibut, lingcod, or salmon season is open in the waters being fished.

     (2) It is unlawful to fish for or retain bottomfish taken from a vessel unless a halibut, lingcod, or salmon season is open in those waters being fished.

[]


AMENDATORY SECTION(Amending Order 03-178, filed 8/6/03, effective 9/6/03)

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

     (1) Coastal (Catch Record Card Areas 1 through 4) - 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 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.

     (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
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)) 0 fish
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)) 0 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)) 0 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 rockfish taken from Catch Record Card Areas 5 through 13.

     (i) It is unlawful to retain yelloweye rockfish taken from Catch Record Card Areas 1 through 13.

     (j) It is unlawful to take rockfish by spear fishing.

[Statutory Authority: RCW 77.12.047. 03-16-100 (Order 03-178), § 220-56-235, filed 8/6/03, effective 9/6/03; 03-05-057 (Order 03-24), § 220-56-235, filed 2/14/03, effective 5/1/03; 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.]


AMENDATORY SECTION(Amending Order 03-24, filed 2/14/03, effective 5/1/03)

WAC 220-56-250   Lingcod -- Areas and seasons.   It is unlawful to take, fish for or possess lingcod for personal use except during the seasons and within the areas herein provided:

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

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

[Statutory Authority: RCW 77.12.047. 03-05-057 (Order 03-24), § 220-56-250, filed 2/14/03, effective 5/1/03. 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.]


AMENDATORY SECTION(Amending Order 03-209, filed 8/20/03, effective 9/20/03)

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

     (a) It is unlawful to fish for sturgeon from a floating device May 1 through 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;

     (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; and

     (d) It is unlawful to retain sturgeon taken downstream from the Wauna power lines at River Mile 40 during the period July 10 through September 30)).

     (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.))

[Statutory Authority: RCW 77.12.047. 03-18-006 (Order 03-209), § 220-56-282, filed 8/20/03, effective 9/20/03; 02-08-048 (Order 02-53), § 220-56-282, filed 3/29/02, effective 5/1/02; 01-06-036 (Order 01-24), § 220-56-282, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-282, filed 1/30/95, effective 5/1/95; 91-08-054 (Order 91-13), § 220-56-282, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-282, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-282, filed 3/16/89.]


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

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

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

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

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

     (2) Razor clams: 15 clams.

     (3) Geoduck clams: 3 clams.

     (4) Horse clams: 7 clams.

     (5) Oysters: 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 - total weight 10 pounds((,)) and fishers must retain the heads of all shrimp taken while in the field except in the Hood Canal and Port Angeles Shrimp Districts. 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 the Discovery Bay Shrimp District - Spot shrimp: Maximum 50 shrimp as part of the 10 pound limit.

     (c))) In the Port Angeles Shrimp District - Spot shrimp: No minimum size.

     (((d))) (c) In the Hood Canal Shrimp District - 80 shrimp regardless of weight. No minimum size for spot shrimp. Fishers are not required to retain the heads of shrimp.

     (10) Octopus: 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 and when fishing from the north jetty of the Columbia River - 6 male crabs.

     (b) In the Columbia River or when fishing from the north jetty of 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 77.12.047. 02-08-048 (Order 02-53), § 220-56-310, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-310, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), § 220-56-310, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), § 220-56-310, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-310, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-310, filed 3/19/97, effective 5/1/97; 95-04-066 (Order 95-10), § 220-56-310, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), § 220-56-310, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), § 220-56-310, filed 5/12/92, effective 6/12/92; 90-06-026, § 220-56-310, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-310, filed 3/16/89; 88-12-025 (Order 88-28), § 220-56-310, filed 5/25/88, effective 8/22/88; 88-10-013 (Order 88-15), § 220-56-310, filed 4/26/88; 87-09-066 (Order 87-16), § 220-56-310, filed 4/21/87; 86-24-046 (Order 86-190), § 220-56-310, filed 11/26/86; 86-09-020 (Order 86-08), § 220-56-310, filed 4/9/86; 85-12-046 (Order 85-57), § 220-56-310, filed 6/5/85; 84-09-026 (Order 84-22), § 220-56-310, filed 4/11/84; 83-04-027 (Order 83-06), § 220-56-310, filed 1/27/83; 82-07-047 (Order 82-19), § 220-56-310, filed 3/18/82; 80-03-064 (Order 80-12), § 220-56-310, filed 2/27/80, effective 4/1/80.]


AMENDATORY SECTION(Amending Order 02-224, filed 9/6/02, effective 10/7/02)

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

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

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

     (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 ((except crawfish 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 except this subsection does not apply to crawfish pots.

     (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. 02-19-014 (Order 02-224), § 220-56-315, filed 9/6/02, effective 10/7/02; 02-08-048 (Order 02-53), § 220-56-315, filed 3/29/02, effective 5/1/02; 01-07-024 (Order 01-39), § 220-56-315, filed 3/14/01, effective 4/14/01. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-315, filed 3/29/00, effective 5/1/00; 98-06-031, § 220-56-315, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 94-14-069, § 220-56-315, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), § 220-56-315, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), § 220-56-315, filed 5/12/92, effective 6/12/92; 89-07-060 (Order 89-12), § 220-56-315, filed 3/16/89; 81-05-027 (Order 81-13), § 220-56-315, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), § 220-56-315, filed 2/27/80, effective 4/1/80.]


AMENDATORY SECTION(Amending Order 03-24, filed 2/14/03, effective 5/1/03)

WAC 220-56-325   Shrimp -- Areas and seasons.   (1) ((The following areas shall be defined as shrimp fishing districts:

     (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)) 9:00 a.m. through 1:00 p.m., beginning the first Saturday in June and open only on days set by emergency rule;

     (b) Port Angeles Shrimp District - Open ((7:00)) 9:00 a.m. through 1:00 p.m., beginning the first Saturday in June ((through September 30)) and open only on days set by emergency rule;

     (c) Hood Canal Shrimp District - Open 9:00 a.m. through 1:00 p.m., beginning on the third Saturday in May and open only on days set by emergency rule;

     (d) Port Townsend Shrimp District ((and Marine Area 10)) - Open ((7:00)) 9:00 a.m. through 1:00 p.m., beginning the third Saturday in April and open only on days set by emergency rule;

     (e) ((All other)) Marine Area((s)) 4 east of the Bonilla-Tatoosh line and Marine Areas 5 through 13, except for Shrimp Districts - 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 closed Monday through Wednesday of each week during the open period;

     (f) Marine Areas 1 through 3 and Marine Area 4 west of the Bonilla-Tatoosh line - Open year-round.

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

     (a) Discovery Bay Shrimp District - Spot shrimp may be retained on Saturdays only.

     (b) Port Angeles Shrimp District - Spot shrimp may be retained on Saturdays and Sundays only.

     (c) Marine Areas 8-1, 8-2, and 9 - Spot shrimp may be retained only as set by emergency rule.

     (d) All other areas - Spot shrimp may be retained each open day.

[Statutory Authority: RCW 77.12.047. 03-05-057 (Order 03-24), § 220-56-325, filed 2/14/03, effective 5/1/03; 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.]


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

WAC 220-56-330   Crab -- Areas and seasons.   (1) It is unlawful to fish for or possess crab taken for personal use ((with shellfish pot gear or to have in the water, set or fish any shellfish pot gear except during the open shellfish pot gear season. The open shellfish pot gear season for crab in Puget Sound is year around.

     The open shellfish pot gear season in waters of the Pacific Ocean, Grays Harbor, Willapa Harbor, and waters of the Columbia River is December 1 through September 15.

     (2) It is lawful to fish for and possess male Dungeness crabs taken for personal use the entire year in state waters.

     (3) It is lawful to fish for and possess red rock crabs of either sex taken for personal use the entire year in state waters)) from Puget Sound except during the following seasons:

     (a) Marine Areas 4 east of the Bonilla-Tatoosh line, 5, 6, 9, 10, 11, 12 and 13 - Open 7:00 a.m., June 1 through the last day in February.

     (b) Those waters of Marine Area 7 south of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island, and east of a line that extends from the Anacortes ferry dock at Shannon Point, northward to the southeastern tip of Sinclair Island, thence from the northernmost tip of Sinclair Island through Lummi Rocks to Lummi Island - Open 7:00 a.m. June 16 through March 15.

     (c) Those waters of Marine Area 7 north and east of a line projected from Village Point, Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island, running along the northern shoreline of Patos Island and from the westernmost point of Patos Island due west to the international boundary and north of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island - Open 7:00 a.m. August 16 through April 15.

     (d) Those waters of Marine Area 7 south and west of a line projected from Village Point, Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island, running along the northern shoreline of Patos Island and from the westernmost point of Patos Island due west to the international boundary; and westerly of a straight line from the northernmost tip of Sinclair Island through Lummi Rocks to Lummi Island; and west of a line projected from the southeast point of Sinclair Island to the ferry dock at Shannon Point - Open 7:00 a.m. June 16 through last day in February.

     (e) Marine Area 8-1 - Open 7:00 a.m., June 1 through September 30.

     (f) Marine Area 8-2 - Open 7:00 a.m., May 16 through September 30.

     (2) It is unlawful to fish for or possess crab taken for personal use with shellfish pot gear from Marine Areas 1, 2, 3, and Area 4 west of the Bonilla-Tatoosh line except during the period December 1 through September 15. Open to gear other than shellfish pot gear year-round.

     (3) The Columbia River upstream from a line projected from the outermost end of the north jetty to the exposed end of the south jetty is open to crab fishing for personal use year-round.

[Statutory Authority: RCW 77.12.047. 01-06-036 (Order 01-24), § 220-56-330, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-330, filed 3/29/00, effective 5/1/00; 99-08-029 (Order 99-13), § 220-56-330, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-330, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-330, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), § 220-56-330, filed 5/13/96, effective 6/13/96; 93-08-034 (Order 93-20), § 220-56-330, filed 3/31/93, effective 5/1/93; 90-06-026, § 220-56-330, filed 2/28/90, effective 3/31/90; 86-09-020 (Order 86-08), § 220-56-330, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-330, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-330, filed 4/11/84; 80-03-064 (Order 80-12), § 220-56-330, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]


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

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

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

     (a) In Puget Sound (all contiguous waters east of the Bonilla-Tatoosh Line) - 6 1/4 inch minimum size.

     (b) In coastal waters west of the Bonilla-Tatoosh Line, Pacific Ocean waters except when fishing from the north jetty of the Columbia River, Grays Harbor, Willapa Bay - 6 inch minimum size.

     (c) In the Columbia River and when fishing from the north jetty of 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 77.12.047. 02-08-048 (Order 02-53), § 220-56-335, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 220-56-335, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-335, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), § 220-56-335, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), § 220-56-335, filed 5/12/92, effective 6/12/92; 88-10-013 (Order 88-15), § 220-56-335, filed 4/26/88; 86-09-020 (Order 86-08), § 220-56-335, filed 4/9/86; 85-07-023 (Order 85-18), § 220-56-335, filed 3/13/85; 80-03-064 (Order 80-12), § 220-56-335, filed 2/27/80, effective 4/1/80.]


AMENDATORY SECTION(Amending Order 03-24, filed 2/14/03, effective 5/1/03)

WAC 220-56-350   Clams other than razor clams, cockles, borers, mussels -- Areas and seasons.   (1) It is lawful to take, dig for and possess clams, cockles, borers and mussels taken for personal use on Puget Sound the entire year except that public tidelands at the following beaches are closed unless otherwise provided:

     (a) Ala Spit: Closed the entire year.

     (b) Brown Point (DNR 57-B): Open January 1 through April 15.

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

     (d) Camano Island State Park: Closed the entire year.

     (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 May 31 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 June 1 through July 15.

     (l) Fort Flagler State Park including that portion of the spit west of the park boundary (Rat Island): Open April 1 through May 15.

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

     (n) Frye Cove County Park - Open January 1 through May 31.

     (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 15.

     (v) Kopachuck State Park: Open June 1 through July 31.

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

     (cc) Oyster Reserves: Puget Sound and Willapa Bay state oyster reserves are closed the entire year except as follows:

     (i) Case Inlet: Tidelands on the east side of North Bay at the north end of the inlet open the entire year.

     (ii) North Bay: State-owned oyster reserves on the east side of North Bay north of the power transmission lines which cross the bay at the north end of Case Inlet open the entire year.

     (iii) Oakland Bay: Tidelands at the north end of Oakland Bay and on the channel of the northwest shore of the Bayshore Peninsula between department markers open 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) Penrose Point State Park: Open April 1 through April 30.

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

     (ff) Pitship Point: Closed the entire year.

     (gg) Pitt Island - All tidelands on Pitt Island are closed the entire year.

     (hh) Point Whitney (excluding Point Whitney Lagoon): April 1 through April 30.

     (ii) Point Whitney Lagoon: Open May 1 through May 15.

     (jj) Port Townsend Ship Canal/Portage Canal: Open January 1 through April 30.

     (kk) Potlatch DNR tidelands: Closed the entire year.

     (ll) Potlatch East: Closed the entire year.

     (mm) Potlatch State Park: Closed the entire year.

     (nn) Purdy Spit County Park: The southern shore of the spit from the boat ramp to the bridge is closed the entire year.

     (oo) 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 north of the Quilcene Boat Haven are open April 1 through December 31, daily from official sunrise to official sunset only.

     (pp) Rendsland Creek: Open January 1 through May 31.

     (qq) Saltwater State Park: Closed the entire year.

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

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

     (tt) Sequim Bay State Park - Open May 1 through June 15.

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

     (vv) South Indian Island County Park: Closed the entire year.

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

     (xx) Triton Cove Tidelands: Open July 15 through September 15.

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

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

     (aaa) West Dewatto: DNR Beach 44A is open January 1 through May 31.

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

     (ccc) 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. 03-05-057 (Order 03-24), § 220-56-350, filed 2/14/03, effective 5/1/03; 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.]


AMENDATORY SECTION(Amending Order 03-24, filed 2/14/03, effective 5/1/03)

WAC 220-56-380   Oysters -- Areas and seasons.   (((1))) It is lawful to take and possess oysters taken for personal use from public tidelands the entire year, except that public tidelands at the following beaches are closed unless otherwise provided:

     (((a))) (1) Brown Point (DNR 57-B): Closed the entire year.

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

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

     (((iii))) (c) 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))) (3) Dosewallips State Park: Open March 1 through December 31 only in areas defined by boundary markers and signs posted on the beach.

     (((d))) (4) 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))) (5) Frye Cove County Park: Open January 1 through May 31.

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

     (((f))) (7) Hope Island State Park (South Puget Sound): Open April 1 through April 30.

     (8) Illahee State Park: Open May 1 through June 30.

     (((g))) (9) Kitsap Memorial State Park: Open May 15 through July 15.

     (((h))) (10) Kopachuck State Park: Open March 1 through July 31.

     (((i))) (11) 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))) (12) Mystery Bay State Park: Open October 1 through April 30.

     (((k))) (13) 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))) (14) Oyster Reserves: Puget Sound and Willapa Bay oyster reserves are closed the entire year except the following are open the entire year:

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

     (((iii))) (c) 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))) (15) Penrose Point State Park: Open April 1 through April 30.

     (((n))) (16) Potlatch DNR Tidelands: Closed the entire year.

     (17) Potlatch East: Open April 1 through June 30.

     (((o))) (18) Potlatch State Park: Open April 1 through June 30.

     (((p))) (19) Port Townsend Ship Canal/Portage Canal: Open January 1 through April 30.

     (20) 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 north of the Quilcene Boat Haven are open April 1 through December 31, daily from official sunrise to official sunset, only.

     (((q))) (21) Scenic Beach State Park: Open April 16 through July 30.

     (((r))) (22) Sequim Bay State Park: Open May 1 through June 15.

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

     (24) South Indian Island County Park: Closed the entire year.

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

     (((s))) (26) 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.

     (((t))) (27) 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. 03-05-057 (Order 03-24), § 220-56-380, filed 2/14/03, effective 5/1/03; 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.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-56-370 Razor clams -- Disability permits.

OTS-6723.1


AMENDATORY SECTION(Amending Order 80-12, filed 2/27/80, effective 4/1/80)

WAC 220-56-215   Unlawful possession of snagged ((salmon)) fish taken in freshwater.   It ((shall be)) is unlawful to possess ((salmon)) fish taken for personal use from freshwater areas that were not hooked inside the mouth or on the head, the head being defined as all parts of the fish anterior of the rear margin of the gill plate, except this rule does not apply to forage fish taken with forage fish jigger gear.

[Statutory Authority: RCW 75.08.080. 80-03-064 (Order 80-12), § 220-56-215, filed 2/27/80, effective 4/1/80.]

OTS-6720.3


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

WAC 232-12-019   Classification of game fish.   As provided in RCW 77.12.020 and in addition to those species identified in RCW 77.08.020 the following species of the class Osteichthyes are classified as game fish:


Scientific Name Common Name
Salvelinus confluentus Bull Trout
Catostomus columbianus Bridgelip Sucker
Catostomus macrocheilus Largescale Sucker
Catostomus catostomus Longnose Sucker
Catostomus platyrhynchus Mountain Sucker
Ctenopharyngodon idella Grass Carp
Esox lucius

     and hybrids involving

     genus Esox

Northern Pike

Tiger Muskellunge

Meilocheilus caurinus Peamouth Chub
Oncorhynchus tshawytscha

(in its landlocked form as

defined in WAC 232-12-018)

Chinook salmon
Oncorhynchus kisutch

(in its landlocked form as

defined in WAC 232-12-018)

Coho salmon
Pylodictus olivaris Flathead Catfish
Ptychocheilus oregonensis Northern Pikeminnow
Salmo trutta

     and Salvelinus

     fontinalis hybrid

Tiger Trout

Northern pikeminnow lawfully taken may be offered for sale, sold, purchased or traded.

[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 232-12-019, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 77.12.040. 95-17-063 (Order 95-103), § 232-12-019, filed 8/15/95, effective 9/15/95; 93-10-012, § 232-12-019, filed 4/23/93, effective 4/30/93; 93-10-011, § 232-12-019, filed 4/23/93, effective 4/30/93; 92-22-014 (Order 576), § 232-12-019, filed 10/21/92, effective 11/21/92. Statutory Authority: RCW 77.12.020. 90-10-068 (Order 435), § 232-12-019, filed 5/1/90, effective 6/1/90. Statutory Authority: RCW 77.12.040. 88-23-046 (Order 320), § 232-12-019, filed 11/10/88. Statutory Authority: RCW 77.12.020 and 77.12.040. 83-21-003 (Order 218), § 232-12-019, filed 10/6/83. Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), § 232-12-019, filed 6/1/81. Formerly WAC 232-12-015.]


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

WAC 232-12-168   Fishing contests.   (1) Contest defined: By definition, a fishing contest exists when 6 or more licensed persons fish competitively and determine winners, regardless of prize value.

     (2) Application:

     (a) Fishing contest permit applications should be submitted to the department by November 1 of each year for contests that are to take place the following calendar year. After November 1, applications must be submitted not less than 30 days prior to the date for which the contest is proposed.

     (b) Applications must include the permit fee required by RCW 77.32.211. The fee will be returned if the permit is denied. No more than seven permits will be issued to any one permittee during a calendar year. The fee is $24 per permit.

     (c) For purposes of application for a fishing contest permit, "permittee" means a "person" as defined in RCW 77.08.010. All applications from a permittee must be in a single name.

     (3) Approval:

     (a) Fishing contests which adversely affect fish or wildlife resources or other recreational opportunity may be denied.

     (b) Contests will not be allowed on sea-run cutthroat trout, Dolly Varden or bull trout.

     (4) Prize value: Total prize value per contest will not exceed $1,000 when trout, steelhead, char, whitefish, grayling, or kokanee are included as target species; provided that contests wherein other species not listed above are targeted, or where bass or walleye are the targeted species and at least 90 percent of bass or walleye are released alive and in good condition after the contest, may qualify for no limitation on amount of prize.

     (5) Legal requirements, all contests:

     (a) Fishing contest permits must be in the possession of the contest sponsor or official at the contest site.

     (b) Contests are restricted to the species and waters approved on the permit. Only those spec