Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-13-159.

     Title of Rule and Other Identifying Information: Sport fishing rules.

     Hearing Location(s): Heathman Lodge, 7801 N.E. Greenwood Drive, Vancouver, WA, on November 18-19, 2005, begins 8:00 a.m. on November 18, 2005.

     Date of Intended Adoption: November 18, 2005.

     Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by November 11, 2005.

     Assistance for Persons with Disabilities: Contact Susan Yeager by November 4, 2005, TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 220-16-320, sturgeon length will be from snout to fork of tail. Sturgeon have a unique tail configuration that does not lend itself to conventional measurement. This rule change is contingent on Oregon adopting the same rule. If the rule is adopted, adjustments will be made to WAC 220-56-282 and 232-28-619 Columbia River to convert overall length to snout to fork length.

     WAC 220-56-100(11), a "hatchery" fish is defined as a fish with a clipped fin and a healed scar at the site. The prior definition of a "missing" fin lead [led] to confusion with fish that had imperfectly clipped fins and healed scars.

     WAC 220-56-100(22), selective gear rules will allow use of electric motors to accommodate disabled persons. Change the eighteen lakes with "selective gear rules except electric motors allowed" to "selective gear rules." Require knotless nets to land fish from selective gear waters, thus reducing injury to fish to be released.

     WAC 220-56-115, this rule is converted from a combination lines and terminal gear rule to a rule identifying how may [many] lines may be used.

     WAC 220-56-116, this rule becomes the saltwater hook rule. All of the saltwater hook rules are collected in one place. Clarification of the barbless hook rule in Puget Sound was requested by a county deputy prosecutor.

     WAC 220-56-118, salmon, steelhead, Dolly Varden and bull trout that are going to be released may not be totally removed from the water. This will reduce the handling of such fish for photographs, and injury during such handling.

     WAC 220-56-122, bait rules are collected in a single section.

     WAC 220-56-123, this rule becomes the freshwater hook rule. The statewide rules are collected here, with the exceptions appearing in WAC 232-28-619.

     WAC 220-56-128(13), fly fishing gear will be allowed in the Pacific cod closed zone at Agate Pass, except lead core fly line is prohibited. This will allow for a winter blackmouth fishery with little if any impact on Pacific cod.

     WAC 220-56-130, Potlatch DNR tidelands are closed to the taking of unclassified species. Both sides of the DNR tidelands are park tidelands where no harvest is permitted. This will provide additional protection for the park tidelands.

     WAC 220-56-156, fishing while in possession in the field of Canadian origin halibut and salmon will be allowed, with certain restrictions. This will allow anglers to go to a destination fishery and not have to bring Canadian fish to their permanent residences in order to continue fishing. Yelloweye and canary rockfish from Canada may not be landed in Washington ports. These two rockfish species are threatened in United States waters, and Canadian fish are a broodstock resource.

     WAC 220-56-175, all halibut will be required to be recorded on catch record cards. This will provide for a better catch accounting of halibut.

     WAC 220-56-265, five-eighths inch mesh in forage fish dip nets in the industry standard, and replaces the current maximum mesh size of one-half inch.

     WAC 220-56-310, warm waters on the coast have brought Humboldt squid, which are a separate resource. A bonus limit of Humboldt squid is established to allow coastal fishers to take these squid.

     WAC 220-56-320 (4) and (7), flexible mesh webbing in shrimp pots is provided for, as it has a different measurement size than traditional mesh.

     WAC 220-56-320(8), a maximum volume of thirteen cubic feet is established for recreational crab pots. This is consistent with commercial gear proposals, and will standardize the maximum pot size.

     WAC 220-56-325, a dive fishery for shrimp in Area 8-2 is proposed for open days in May. This allows a night harvest by hand or hand-held device.

     WAC 220-56-350, Belfair State Park is added to the closed list, but, because of better water conditions, is expected to be reopened shortly.

     WAC 220-56-380, Belfair State Park is added to the closed list, but, because of better water conditions, is expected to be reopened shortly. Fort Flagler State Park and Oak Bay County Park are opened to oyster harvest concurrent with the clam harvest.

     WAC 232-12-019, grass pickerel are added as a game fish. These are an invasive species, and fishing under gamefish rules should be encouraged.

     WAC 232-12-168, the prize limit for fishing contests for species other than bass and walleye is increased from $1,000 to $5,000. The number of contestants on larger lakes is increased by one-third. Livewell mandatory minimum dimensions for walleye are eliminated, as it is the responsibility of the contest coordinator to ensure 90% of the fish are released alive.

     WAC 232-12-619, the seasonal restriction on hatchery steelhead is eliminated, but the one wild steelhead per angler per year is retained. This should encourage harvest of hatchery steelhead. Burbot setline gear is eliminated, and in the five lakes with burbot (Cle Elum, Chelan, Kachess, Kechelus [Keechelus], and Palmer) this gear will no longer be allowed.

     WAC 232-28-619, modify exceptions to statewide rules. Change seasonal dates, modify closed areas, modify night closures, add selective gear rules.

     Increase smallmouth bass limit on four lakes (Banks, Moses, Potholes, Roosevelt).

     Increase steelhead opportunity in fifteen rivers (Bear, Bogachiel, Calawah, Cedar, Chehalis, Hoh, Humptulips, Naselle, North, Palix, Quillayute, Salmon, Sol Duc, Willapa, Wynochee).

     Open Lake Washington tributaries to juvenile fishing only.

     Increase brook trout retention in ten rivers.

     Limit trout retention to fin clipped trout in five lakes.

     Establish a no more than two trout over thirteen inches rule in fifteen bodies of water, primarily in eastern Washington.

     Amber Lake, clarify season dates.

     Anderson Lake, change to fall trout release, allow for retention of other species.

     Blackman Lake, reduce trout limit to three fish.

     Canyon Creek, close to protect ESA listed fish.

     Carbon River, release game fish in fall.

     Crab Creek, modify terminal gear rules to match adjoining waters.

     Mountain Lake, reduce trout limit to two fish. Establishes a quality fishing water.

     Nisqually River, release steelhead in lower river. Protects reduced run.

     Palouse River, comport lower river with Snake River fish retention rules.

     Roosevelt Lake, prohibit bow and arrow carp fishing; prohibit chumming. Federal rules prohibit these activities.

     Rufus Woods Lake, increase kokanee limit to reduce kokanee population.

     Silver Lake, reduce crappie daily limit to protect crappie.

     Skagit River, adjust areas.

     Spokane River, adjust areas.

     Sullivan Lake, increase kokanee daily limit to reduce kokanee population.

     Tokuk [Tokul] Creek, adjust season above Fish Hatchery Bridge.

     Vancouver Lake, comport sturgeon with lower Columbia River.

     Yakima River, increase bass retention to protect salmonids.

     Reasons Supporting Proposal: See Purpose above.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

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

     Name of Proponent: Washington Department of Fish and Wildlife, governmental.

     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.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules affect recreational fishers. There is no direct regulation of small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulics.

October 5, 2005

Evan Jacoby

Rules Coordinator

OTS-8403.1

AMENDATORY SECTION(Amending Order 817, filed 5/29/69)

WAC 220-16-320   General definitions -- Fish length measurement.   The length of a fish, unless otherwise provided, is defined as the shortest distance between the extreme tip of the tail and extreme tip of the snout or jaw, whichever extends the farthest, measured while the fish is lying in a prone and normal position. The length of a sturgeon is defined as the shortest distance between the extreme tip of the snout and fork of the tail.

[Order 817, § 220-16-320, filed 5/29/69. Formerly WAC 220-16-030 (part).]

OTS-8405.1

AMENDATORY SECTION(Amending Order 05-168, filed 8/3/05, effective 9/3/05)

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, except salmon, means a fish ((missing an)) having a clipped adipose fin or a clipped ventral fin with a healed scar at the location of the ((missing)) clipped fin. A hatchery salmon is a salmon having a clipped adipose fin and a healed scar at the location of the clipped fin, regardless of whether the fish is missing a ventral fin.

     (12) "Hook" means one single point, double or treble hook. A "single point hook" means a hook having only one 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, defined as lures with hooks and attachments (eyes, swivels, etc.), that do not have enough buoyancy to float in freshwater, 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 defined as a lure with hooks and attachments that has enough buoyancy to float in freshwater, and all hooks must be attached to or no more than three inches below a buoyant lure or within three inches of 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)) an internal combustion motor is prohibited unless otherwise provided. Up to three hooks may be used. Only knotless nets may be used to land fish. 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) "Unmarked salmon" means a salmon with intact adipose and ventral fins.

     (28) "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.

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

     (30) "Wild" when used to describe a salmon (chinook, coho, chum, pink or sockeye), means a salmon with an unclipped adipose fin, regardless of whether the fish is ventral fin-clipped. A salmon with a clipped adipose fin and a healed scar at the site of the clipped fin is not a wild salmon.

[Statutory Authority: RCW 77.12.047. 05-17-007 (Order 05-168), § 220-56-100, filed 8/3/05, effective 9/3/05; 04-24-030 (Order 04-306), § 220-56-100, filed 11/23/04, effective 12/24/04; 04-07-009 (Order 04-39), § 220-56-100, filed 3/4/04, effective 5/1/04; 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.]

     (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, steelhead, Dolly Varden or bull trout from the water if it is unlawful to retain those salmon, steelhead, Dolly Varden or bull trout or if the angler subsequently releases the salmon, steelhead, Dolly Varden or bull trout.

     (4) In Marine Areas 5 through 13, it is unlawful to bring wild salmon or a species of salmon aboard a vessel if it is unlawful to retain that salmon. For purposes of this subsection, "aboard" means inside the gunnel of a vessel.

     (5) In Marine Area 2-2 east of the Buoy 13 line, salmon required to be released may not be totally removed from the water, except anglers fishing from vessels thirty feet or longer as shown on their state registration or Coast Guard documentation are exempt from this subsection.

[Statutory Authority: RCW 77.12.047. 05-17-007 (Order 05-168), § 220-56-118, filed 8/3/05, effective 9/3/05; 05-05-035 (Order 05-15), § 220-56-118, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-118, filed 3/4/04, effective 5/1/04.]

     (3) It is unlawful to use forage fish jigger gear.)) (1) It is unlawful to use more than three hooks to fish in freshwater, except it is lawful to use forage fish jigger gear in the waters of the Columbia River downstream from a line between Rocky Point and Tongue Point.

     (2) It is unlawful to use other than one single barbless hook to fish for sturgeon.

[Statutory Authority: RCW 77.12.047. 05-17-007 (Order 05-168), § 220-56-123, filed 8/3/05, effective 9/3/05; 04-24-030 (Order 04-306), § 220-56-123, filed 11/23/04, effective 12/24/04; 01-06-036 (Order 01-24), § 220-56-123, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-123, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), § 220-56-123, filed 7/20/99, effective 8/20/99. Statutory Authority: RCW 75.08.080. 94-14-069, § 220-56-123, filed 7/1/94, effective 8/1/94.]

OTS-8406.1

AMENDATORY SECTION(Amending Order 05-15, filed 2/10/05, effective 5/1/05)

WAC 220-56-115   Angling gear -- 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 hooks while fishing in Marine Areas 1-4, except for forage fish jigger gear.

     (b) It is unlawful to use more than two 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.

     (((e) It is unlawful to use other than one single barbless hook while fishing for sturgeon.))

     (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.

     (((5) It is unlawful to use lamprey as fishing bait, regardless of the source or species of lamprey.))

[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), § 220-56-115, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-115, filed 3/4/04, effective 5/1/04; 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.]

     (6) It is unlawful to fish for or possess gamefish taken with terminal gear hooks in violation of nonbuoyant lure restrictions in the Duwamish waterway downstream from the First Avenue South Bridge to an east-west line through Southwest Hanford Street on Harbor Island parallel to Southwest Spokane Street where it crosses Harbor Island during the period July 1 through October 31.

[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 220-56-116, filed 3/29/02, effective 5/1/02. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-116, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-116, filed 1/30/95, effective 5/1/95; 92-11-012 (Order 92-19), § 220-56-116, filed 5/12/92, effective 6/12/92; 89-10-032 (Order 89-26), § 220-56-116, filed 4/27/89; 88-10-012 (Order 88-14), § 220-56-116, filed 4/26/88; 85-09-017 (Order 85-20), § 220-56-116, filed 4/9/85; 83-07-043 (Order 83-16), § 220-56-116, filed 3/17/83; 82-13-040 (Order 82-61), § 220-56-116, filed 6/9/82.]

     (1) It is unlawful at all times to fish for or possess food fish taken for personal use in waters lying within 400 feet below any fish rack, fishway, dam or other artificial or natural obstruction, either temporary or permanent, unless otherwise provided.

     (2) Waters of Budd Inlet at Olympia south of the Fourth Avenue Bridge are closed at all times, and all contiguous waters lying between the Fourth Avenue Bridge and a line from the northwesterly corner of the Thriftway Market Building to a point 100 yards north of the railroad bridge located on the western side of the inlet opposite the Thriftway Market Building are closed during the period July 16 through October 31.

     (3) The waters of Percival Cove are closed at all times.

     (4) Those waters of Hood Canal inshore from yellow marker buoys to the mouth of Finch Creek and waters within the channel created when tidelands are exposed are closed the entire year.

     (5) Waters within a radius of 100 yards from the Enetai Hatchery Outfall Creek where it enters saltwater are closed at all times.

     (6) Those waters of Sinclair Inlet inside a line fifty yards from the pierhead line of the Puget Sound Naval Shipyard at Bremerton are closed at all times.

     (7) Those waters of Hood Canal within 100 feet of the Seabeck Highway Bridge over Big Beef Creek are closed August 1 through November 30.

     (8) In Shilshole Bay waters east of a line 175 feet west of the Burlington Northern Railroad Bridge are closed to fishing.

     (9) Those waters of the Chinook River upstream from tide gate at the Highway 101 Bridge are closed at all times.

     (10) Those waters of the Columbia River between the Vernita Bridge and the Hanford power line crossing (wooden towers at S24, T13N, R27E) are closed October 23 through June 15.

     (11) Those waters of the Columbia River between the upstream line of Bonneville Dam to a point 600 feet below the fish ladder at the new Bonneville Dam Powerhouse are closed at all times.

     (12) Waters of the Lake Washington Ship Canal west of a north-south line 400 feet east of the eastern end of the north wing wall of Chittenden Locks to the mouth of the Lake Washington Ship Canal are closed to food fish angling at all times.

     (13) Waters of Catch Record Card Area 10 west of a line from Point Monroe to Indianola and east of a line from Point Bolin to Battle Point are closed to food fish angling from January 1 through March 31 except it is lawful to fish with gear meeting the fly fishing only requirements of WAC 220-56-210 except it is unlawful to use lead core fly line. It is unlawful to retain any fish taken during the period January 1 through March 31.

     (14) Chief Joseph Dam - closed to fishing from the Okanogan County shore between the dam and the Highway 17 Bridge. Closed to fishing from a floating device downstream of Chief Joseph Dam to the Corps of Engineers Safety Zone Marker.

     (15) Wells Dam - waters between the upstream line of Wells Dam to boundary markers 400 feet below the spawning channel discharge on the Chelan County side and the fish ladder on the Douglas County side.

     (16) Rocky Reach, Rock Island and Wanapum Dams - waters between the upstream lines of these dams and boundary markers 400 feet downstream of the fish ladders at Rocky Reach and Rock Island Dams and boundary markers at Wanapum Dam 750 feet below the east fish ladder and 500 feet below the west fish ladder.

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

     (18) Jackson (Moran) Creek - all waters of the Priest Rapids hatchery system including Columbia River waters out to midstream between markers located 100 feet upstream and 400 feet downstream of the mouth of the hatchery outlet.

     (19) McNary Dam - waters between the upstream line of McNary Dam and a line across the river from the red and white marker on the Oregon shore to the downstream end of the wingwall of the boat lock near the Washington shore.

     (20) John Day Dam - waters between the upstream line of John Day Dam and markers approximately 3,000 feet downstream, except that fishing is permitted from the Washington shore to within 400 feet of the fishway entrance.

     (21) The Dalles Dam - waters between the upstream line of the Dalles Dam and the upstream side of the Interstate 197 Bridge, except that fishing is permitted from the Washington shore to within 400 feet of the fishway entrance.

     (22) Spring Creek - waters within 1/4 mile of the U.S. Fish and Wildlife Service Hatchery grounds between posted boundary markers located 1/4 mile on either side of the fish ladder entrance.

     (23) The waters of Catch Area 12 are closed at all times to the taking of food fish other than salmon.

     (24) Freshwater Bay - waters south of a line from Angeles Point to Observatory Point (Bachelor Rock) are closed July 1 through August 31.

     (25) Tulalip Bay - waters east of line from Mission Point to Hermosa Point are closed at all times.

     (26) Waters of Catch Record Card Area 13 within 500 yards of the Toliva Shoal buoy are closed to fishing for food fish June 16 through April 30 and closed to rockfish year-round.

[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), § 220-56-128, filed 2/10/05, effective 5/1/05; 04-24-030 (Order 04-306), § 220-56-128, filed 11/23/04, effective 12/24/04; 04-17-098 (Order 04-218), § 220-56-128, filed 8/17/04, effective 9/17/04; 02-08-048 (Order 02-53), § 220-56-128, filed 3/29/02, effective 5/1/02. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-128, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), § 220-56-128, filed 7/15/98, effective 8/15/98; 98-06-031, § 220-56-128, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-128, filed 3/19/97, effective 5/1/97; 95-12-027 (Order 95-46), § 220-56-128, filed 5/31/95, effective 7/1/95; 94-14-069, § 220-56-128, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), § 220-56-128, filed 3/31/93, effective 5/1/93; 91-08-054 (Order 91-13), § 220-56-128, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-128, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-128, filed 3/16/89; 88-10-012 (Order 88-14), § 220-56-128, filed 4/26/88; 85-09-017 (Order 85-20), § 220-56-128, filed 4/9/85; 82-07-047 (Order 82-19), § 220-56-128, filed 3/18/82; 80-03-064 (Order 80-12), § 220-56-128, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-065.]

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

     (b) "Sculpins" means individual sculpins of species that are not defined as bottomfish.

     (c) "Nudibranch" means individual nudibranchs of any species.

     (d) "Unclassified marine invertebrates" and "unclassified marine fish" mean species existing in Washington state marine waters in a wild state that have not been classified as food fish, shellfish, game fish, protected wildlife, or endangered species.

     (2) The following limits apply to the taking of unclassified marine invertebrates in Catch Record Card Areas 1 through 13, and the taking of unclassified marine fish in Catch Record Card Areas 5 through 13:

     (a) Daily limit of ten unclassified marine invertebrates, except moon snails and nudibranchs.

     (b) Daily limit of five moon snails.

     (c) Daily limit of two nudibranchs.

     (d) Daily limit of two unclassified marine fish per species of fish, except that the daily limit may not contain more than two sculpins and it is unlawful to take, fish for or possess Pacific lamprey or river lamprey.

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

     (f) Potlatch DNR tidelands are closed to the taking of unclassified marine invertebrates and unclassified marine fish.

     (3) Each person possessing unclassified marine invertebrates or unclassified marine fish must retain their take in a separate container.

[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), § 220-56-130, filed 2/10/05, effective 5/1/05. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-130, filed 3/29/00, effective 5/1/00. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-130, filed 1/30/95, effective 5/1/95; 80-03-064 (Order 80-12), § 220-56-130, filed 2/27/80, effective 4/1/80.]

[Statutory Authority: RCW 77.12.047. 05-05-046 (Order 05-22), § 220-56-156, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 75.08.080. 92-11-012 (Order 92-19), § 220-56-156, filed 5/12/92, effective 6/12/92; 90-08-001 (Order 90-22), § 220-56-156, filed 3/22/90, effective 4/22/90; 85-09-017 (Order 85-20), § 220-56-156, filed 4/9/85.]

     (1) In order to fish for or possess for personal use any crab, anadromous salmon, sturgeon, halibut ((taken from Catch Record Card Areas 5 through 13)), or steelhead, an angler must obtain and have in personal possession a valid appropriate catch record card as described in WAC 220-69-236 except for commercially caught salmon retained for personal use as provided for in WAC 220-20-016 and commercially caught sturgeon retained for personal use as provided for in WAC 220-20-021.

     (2) Any angler, after obtaining a catch record card shall validate the catch record card by completely, accurately, and legibly completing all personal identification information in ink on the catch record card prior to detaching the catch record card from the underlying copy of the catch record card or, for automated licenses, affixing the appropriate validation sticker to the catch record card. A catch record card remains valid so long as there are one or more unfilled spaces available for the species being fished for, except:

     (a) In the mainstem Columbia River downstream from where the river forms the common boundary between Oregon and Washington for sturgeon a catch record card remains valid when the sturgeon portion of the catch record card is filled. A person may not retain sturgeon after the sturgeon portion of the catch record card is filled.

     (b) A second or subsequent catch record card is invalid for retention of sturgeon.

     (3) Immediately upon catching and possessing a salmon, steelhead, sturgeon or halibut, the angler shall enter in ink in the appropriate space the place, date of catch, species (catch type), for sturgeon, length, for halibut, vessel type and for salmon, whether or not the fish was marked.

     (4) Immediately upon retaining a Dungeness crab aboard a vessel or on the shore, the fisher must enter in ink in the appropriate space the place and date of catch, fishery type and enter a tally mark for each Dungeness crab retained from each catch record card area fished. At the end of the fishing day, the fisher shall enter the total number of crab tally marks for each fishery type.

     (5) Every person possessing a catch record card shall by April 30 of the year following the year printed on the card return such card to the department of fish and wildlife.

     (6) Any person possessing a catch record card shall, upon demand of any law enforcement officer or authorized department employee, exhibit said card to such officer or employee for inspection.

     (7) A catch record card shall not be transferred, borrowed, altered, or loaned to another person.

[Statutory Authority: RCW 77.12.047. 04-10-033 (Order 04-91), § 220-56-175, filed 4/29/04, effective 5/30/04; 03-05-057 (Order 03-24), § 220-56-175, filed 2/14/03, effective 5/1/03; 01-06-036 (Order 01-24), § 220-56-175, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 77.32.050. 00-11-178 (Order 00-80), § 220-56-175, filed 5/24/00, effective 6/24/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-175, filed 3/29/00, effective 5/1/00; 99-17-066 (Order 99-125), § 220-56-175, filed 8/13/99, effective 4/1/00. Statutory Authority: RCW 75.08.080. 91-08-054 (Order 91-13), § 220-56-175, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-175, filed 2/28/90, effective 3/31/90; 89-07-071 (Order 89-05), § 220-56-175, filed 3/20/89; 88-05-002 (Order 88-03), § 220-56-175, filed 2/4/88; 85-11-020 (Order 85-43), § 220-56-175, filed 5/10/85; 80-03-064 (Order 80-12), § 220-56-175, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-023.]

[Statutory Authority: RCW 77.12.047. 03-05-057 (Order 03-24), § 220-56-265, filed 2/14/03, effective 5/1/03; 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.]

     (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) Weathervane scallops: 12 scallops (over 4 inches).

     (8) Spiny and pink scallops: 10 pounds or 5 quarts in the shell, in the aggregate.

     (9) Shrimp: In all waters - First Saturday in May through May 31, daily limit 80 shrimp. During all other open periods total weight 10 pounds, maximum 80 spot shrimp as part of the 10 pound limit. Spot shrimp: First Saturday in May through May 31 in all waters and in Areas 1 through 3 and Area 4 west of the Bonilla-Tatoosh line during the remainder of the year, no minimum size; June 1 through October 15 in Area 4 east of the Bonilla-Tatoosh line and Areas 5 through 13, minimum size one and three-sixteenths inch from the base of the eyestalk to the top rear edge of the carapace.

     (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 other than Humboldt squid: 10 pounds or 5 quarts. In addition a person may retain up to 5 Humboldt squid per day.

     (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 Area 1 except when fishing from the north jetty of the Columbia River and Areas 2, 3, and 4 west of the Bonilla-Tatoosh line - 6 male crabs.

     (b) In Area 4 east of the Bonilla-Tatoosh line, and Areas 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12 and 13 - 5 male crabs.

     (c) In the Columbia River upstream of a line from the outermost end of the north jetty to the exposed end of the south jetty, or when fishing from the north jetty of the Columbia River - 12 male crabs.

     (19) Red rock crabs: 6 crabs.

     (20) Mussels: 10 pounds in the shell, in the aggregate.

     (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.

     (24) Tanner crabs: 6 crabs.

[Statutory Authority: RCW 77.12.047. 05-12-007 (Order 05-102), § 220-56-310, filed 5/19/05, effective 6/19/05; 05-05-035 (Order 05-15), § 220-56-310, filed 2/10/05, effective 5/1/05; 04-17-088 (Order 04-217), § 220-56-310, filed 8/16/04, effective 9/16/04; 04-07-009 (Order 04-39), § 220-56-310, filed 3/4/04, effective 5/1/04; 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.]

     (a) Unattended shellfish gear must have the line attaching the buoy to the gear weighted sufficiently to prevent the line from floating on the water's surface.

     (b) 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.

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

     (d) 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) It is unlawful for the maximum perimeter of any shrimp pot to 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 in the Columbia River the escape ring minimum size is 4 inches inside diameter. It is unlawful to use mesh size for crab pots less than 1-1/2 inches.

     (4) It is unlawful to take, fish for or possess shrimp taken for personal use with shellfish pot gear during the month of May in Area 4 east of the Bonilla-Tatoosh line and in Areas 5 through 13, and year-round in Area 4 west of the Bonilla-Tatoosh line and Areas 1 through 3 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 shrimp pots is defined as a mesh that a 7/8-inch square peg will pass through each mesh opening except for flexible (web) mesh pots where the opening must be a minimum of one and three-quarters inch stretch measure.

     (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) It is unlawful to set shellfish pots in a manner that they are not covered by water at all times.

     (7) June 1 through October 15 in Area 4 east of the Bonilla-Tatoosh line and Areas 5 through 13, it is unlawful to use mesh size for shrimp pots less than one-half inch except in entrance tunnels except for flexible (web) mesh pots where the opening must be a minimum of one and one-eighths inch stretch measure.

     (8) It is unlawful to fish for crab using shellfish pot gear greater in volume than thirteen cubic feet.

[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), § 220-56-320, filed 2/10/05, effective 5/1/05; 03-05-057 (Order 03-24), § 220-56-320, filed 2/14/03, effective 5/1/03; 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.]

     (1) Discovery Bay, Port Angeles, and Port Townsend Shrimp Districts, and Marine Areas 8, 9, 10 and 11 - Open 7:00 a.m. through 3:00 p.m., beginning the first Saturday in May through May 31 and open only on Wednesday and Saturday of each week except it is lawful for divers to take shrimp by hand or hand-held device from 7:00 p.m. until midnight on any open day in May in Marine Area 8-2;

     (2) Hood Canal Shrimp District - Open 9:00 a.m. through 1:00 p.m., the first Saturday in May through May 31 and open only on Wednesday and Saturday of each week;

     (3) Marine Area 4 east of the Bonilla-Tatoosh line and Marine Areas 5, 6, 7 and 13, except for Shrimp Districts - Open 7:00 a.m. the first Saturday in May through May 31 and open daily except closed in Sequim Bay Shrimp District and Carr Inlet Shrimp District.

     (4) Beginning June 1 through October 15 in Marine Area 4 east of the Bonilla-Tatoosh line and Areas 5 through 13, shrimp fishing is open daily except closed in Area 10 and the shrimp districts at all times. Unlawful to retain spot shrimp.

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

[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), § 220-56-325, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-325, filed 3/4/04, effective 5/1/04; 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.]

OTS-8407.1

NEW SECTION
WAC 220-56-122   Statewide bait rules.   (1) It is unlawful to fish for sturgeon except with bait.

     (2) It is unlawful to use lamprey as fishing bait, regardless of the source or species of lamprey.

     (3) It is lawful to use bait in saltwater, and it is unlawful to use terminal gear other than bait suspended above the bottom by a float in the East Duwamish waterway between a line projected east along the path of southwest Hanford Street and a line projected east from the south tip of Harbor Island.

     (4) It is unlawful to chum, broadcast, feed, or distribute into freshwater any bait or other substance capable of attracting fish unless specifically authorized in exceptions to statewide rules.

     (5) When fishing for trout with bait, all trout that are lawful to possess and are equal to or greater than the minimum size are counted as part of the daily limit, whether kept or released, and it is unlawful to continue to fish once the daily limit has been achieved, except that steelhead trout may be caught and released until the daily limit is taken.

[]

OTS-8429.1

AMENDATORY SECTION(Amending Order 05-15, filed 2/10/05, effective 5/1/05)

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

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

     (a) Minimum size ((48)) 43 inches in length in the Columbia River and tributaries upstream from The Dalles Dam.

     (b) Minimum size ((42)) 38 inches in length in all other state waters.

     (c) Maximum size ((60)) 54 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 five 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 one single barbless hook. 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.

[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), § 220-56-282, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-282, filed 3/4/04, effective 5/1/04; 03-21-133 (Order 03-273), § 220-56-282, filed 10/21/03, effective 4/1/04; 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.]

OTS-8415.1

AMENDATORY SECTION(Amending Order 05-15, filed 2/10/05, effective 5/1/05)

WAC 220-56-350   Clams other than razor clams, mussels -- Areas and seasons.   (1) It is lawful to take, dig for and possess clams 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: Open May 1 through May 31.

     (b) Belfair State Park: Closed the entire year.

     (c) Brown Point (DNR 57-B): Open January 1 through July 15.

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

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

     (((e))) (f) Cutts Island State Park: Open January 1 through June 15.

     (((f))) (g) Dosewallips State Park: Open April 1 through July 15 only in area defined by boundary markers and signs posted on the beach.

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

     (((h))) (i) Eagle Creek: Closed the entire year.

     (((i))) (j) Fort Flagler State Park including that portion of the spit west of the park boundary (Rat Island): Open April 15 through June 30.

     (((j))) (k) Freeland County Park - Open January 1 through March 31.

     (((k))) (l) Frye Cove County Park - Open January 1 through June 15.

     (((l))) (m) 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.

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

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

     (((o))) (p) Hope Island State Park (South Puget Sound): Open April 1 through May 31.

     (((p))) (q) Illahee State Park: May 1 through May 31.

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

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

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

     (((t))) (u) 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.

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

     (((v))) (w) Mukilteo State Park - Closed the entire year.

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

     (((x))) (y) 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.

     (((y))) (z) Oak Bay County Park: Open July 15 through July 31.

     (((z))) (aa) 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.

     (((aa))) (bb) Penrose Point State Park: Open April 1 through May 15.

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

     (((cc))) (dd) Pitship Point: Closed the entire year.

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

     (((ee))) (ff) Point Whitney (excluding Point Whitney Lagoon): March 1 through April 15.

     (((ff))) (gg) Point Whitney Lagoon: Open April 15 through May 15.

     (((gg))) (hh) Port Townsend Ship Canal/Portage Canal: Open January 1 through June 30.

     (((hh))) (ii) Potlatch DNR tidelands: April 1 through June 15.

     (((ii))) (jj) Potlatch East: April 1 through June 15.

     (((jj))) (kk) Potlatch State Park: April 1 through June 15.

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

     (((ll))) (mm) 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.

     (((mm))) (nn) Rendsland Creek: Closed the entire year.

     (((nn))) (oo) Saltwater State Park: Closed the entire year.

     (((oo))) (pp) Scenic Beach State Park - Closed the entire year.

     (((pp))) (qq) Seahurst County Park: Closed the entire year.

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

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

     (((ss))) (tt) South Indian Island County Park: April 1 through August 31.

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

     (((uu))) (vv) Triton Cove Tidelands: Open July 1 through September 30.

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

     (((ww))) (xx) Twanoh State Park: Closed the entire year.

     (((xx))) (yy) West Dewatto: DNR Beach 44A open January 1 through April 15.

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

     (((zz))) (aaa) 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. 05-05-035 (Order 05-15), § 220-56-350, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-350, filed 3/4/04, effective 5/1/04; 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.]

     (1) Belfair State Park: Closed the entire year.

     (2) Fort Flagler State Park including that portion of the spit west of the park boundary (Rat Island): Open April 15 through June 30. Brown Point (DNR 57-B): Closed the entire year.

     (((2))) (3) Frye Cove County Park: Open January 1 through June 15.

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

     (((4))) (5) Hope Island State Park (South Puget Sound): Open April 1 through May 31.

     (((5))) (6) Illahee State Park: Open May 1 through June 15.

     (((6))) (7) Kitsap Memorial State Park: Open May 15 through June 15.

     (((7))) (8) Kopachuck State Park: Open March 1 through July 31.

     (((8))) (9) 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.

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

     (((10))) (11) 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.

     (((11))) (12) Oak Bay County Park: Open July 15 through July 31.

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

     (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.

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

     (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.

     (((12))) (14) Penrose Point State Park: Open April 1 through May 15.

     (((13))) (15) Port Townsend Ship Canal/Portage Canal: Open January 1 through June 30.

     (((14))) (16) Potlatch DNR Tidelands: April 1 through June 15.

     (((15))) (17) Potlatch East: Open April 1 through June 15.

     (((16))) (18) Potlatch State Park: Open April 1 through June 15.

     (((17))) (19) 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.

     (((18))) (20) Scenic Beach State Park: Closed the entire year.

     (((19))) (21) Sequim Bay State Park: Open May 1 through June 15.

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

     (((21))) (23) South Indian Island County Park: April 1 through August 31.

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

     (((23))) (25) 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.

     (((24))) (26) Wolfe Property State Park: Open January 1 through May 15.

[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), § 220-56-380, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-380, filed 3/4/04, effective 5/1/04; 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.]

OTS-8409.1

AMENDATORY SECTION(Amending Order 04-39, filed 3/4/04, effective 5/1/04)

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
Esox americanus vermiculatus	Grass pickerel
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. 04-07-009 (Order 04-39), § 232-12-019, filed 3/4/04, effective 5/1/04; 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.]

OTS-8410.1

AMENDATORY SECTION(Amending Order 04-39, filed 3/4/04, effective 5/1/04)

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)) $5,000 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 species listed as a target of the contest may be retained by contest participants during bass or walleye contests where all contestants fish at the same time and place.

     (c) Sponsors must report contest information requested by the department within 30 days after the contest has ended. Subsequent contest permits will not be issued for one year after the date of the contest for which the report was not returned if this requirement is not fulfilled.

     (d) Contest participants may not restrict public access at boat launches.

     (e) Contests for bass and walleye where participants expect to fish at the same time from boats on lakes or reservoirs will not last longer than three consecutive days and have the following limits per water:

ACRES		CONTESTS PER DAY	BOATS PER CONTEST DAY
Less than 300		1	15
301 - 3,000		1	35
3,001 - 6,000		2	((50)) 75
6,001 - 10,000		2	((100)) 150
More than 10,000		3	250
*	No more than four weekend days per month nor more than two weekends per month may be scheduled on any water when contestants fish at the same time, and are allowed to fish from boats.

     (f) It is unlawful for the fishing contest permittee or any of the contest participants to fail to comply with the conditions of the fishing contest permit, or of general fishing rules not specifically exempted by this permit. Failure of the permittee or any of the contestants to comply with all provisions of the contest permit or of other fishing regulations during a contest may lead to revocation of the permit and result in denial of fishing contest permits to the permittee and related organizations or individuals sponsoring contests for two years.

     (6) Special regulations, bass and walleye contests:

     (a) In any contest targeting either bass or walleye, all live bass or walleye must be released alive into the water from which they were caught after being weighed and/or measured. At the end of each day's competition, if the mortality of target fish caught that day exceeds 10%, the contest will be suspended. Suspended contests may be continued (within assigned permit dates) only if the cause of the high mortality can be positively identified, and the cause of the mortality (high waves, equipment deficiency, etc.) ceases or is corrected by contest officials.

     (b) During bass and walleye contests only, participants may continue to fish while holding up to five fish in possession, as long as one fish is released immediately upon catching a fish which would make the angler in excess of five fish if kept. The fish released may come either from the one just caught, or from the livewell, but at no time may the angler have more than five fish in the livewell.

     (c) During bass contests, contestants may not use live bait.

     (d) During bass and walleye contests participants may retain up to five bass and walleye of any size to be weighed in. A tournament angler may not be in possession of more than five bass or walleye from the water being fished, except as authorized under (6)(e) below.

     (e) The contest director or director designee may exceed possession limits for bass or walleye for the purpose of transporting fish from a weigh-in site to an open-water area. During transportation, the transport boat must not leave the water the fish were caught from and a copy of the contest permit must be on board during actual fish transport.

     (f) ((Livewell dimensions: During walleye tournaments, all livewells used to hold walleye must be at least 34 inches in length and have a water capacity of at least 20 gallons. Not more than 6 walleye may be placed in a single livewell. All livewells must have both a functional freshwater pump and backup aeration capability.

     (g))) Boat identification: All boats used for fishing in bass and walleye contests must be clearly identified according to criteria established by the department.

     (7) Zebra mussel decontamination. Prior to participating in a Washington state fishing contest:

     (a) All contest participants are required to sign a zebra mussel decontamination statement that their boats and/or boat trailers have or have not been in physical contact with any waters east of the Continental Divide for thirty days immediately preceding the contest and, if the boat and/or trailer has been in contact with such waters the participant must complete a decontamination report indicating that the following actions have been taken:

     (i) A physical inspection has been made of the hull, motor, trailer, livewell and bilge by the contest director or designee, and any zebra mussels, if found, have been disposed of in a garbage container; and

     (ii) The vessel has been decontaminated by the hull having been:

     (A) Pressurized washed with hot soapy water; or

     (B) Washed with a household bleach solution of one part bleach to 19 parts water, or the equivalent;

     (iii) The motor has been run in a household bleach solution of one part bleach to 19 parts water, or the equivalent, for a minimum of one minute; and

     (iv) The bilge and any livewells have been flushed, and the flush water disposed in such a manner that the wastewater will not directly enter state waters, either ground or surface.

     (b) The zebra mussel decontamination statement and decontamination report shall be submitted to the department as part of the fishing contest report.

[Statutory Authority: RCW 77.12.047. 04-07-009 (Order 04-39), § 232-12-168, filed 3/4/04, effective 5/1/04; 02-08-048 (Order 02-53), § 232-12-168, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 232-12-168, filed 3/29/00, effective 5/1/00. Statutory Authority: RCW 77.12.020 and 77.12.040. 96-15-096 (Order 96-80), § 232-12-168, filed 7/19/96, effective 8/19/96. Statutory Authority: RCW 77.12.040. 96-11-079, § 232-12-168, filed 5/13/96, effective 7/1/96; 94-06-014 (Order 629), § 232-12-168, filed 2/18/94, effective 3/21/94; 92-22-015 (Order 577), § 232-12-168, filed 10/21/92, effective 11/21/92. Statutory Authority: RCW 77.12.040 and 77.04.055. 90-22-057 (Order 464), § 232-12-168, filed 11/5/90, effective 12/6/90. Statutory Authority: RCW 77.12.040 and 77.16.010. 86-21-017 (Order 280), § 232-12-168, filed 10/6/86.]

OTS-8411.1

AMENDATORY SECTION(Amending Order 05-168, filed 8/3/05, effective 9/3/05)

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 wild steelhead limit: Each angler who possesses a valid steelhead catch record card may not retain more than ((thirty)) one wild steelhead April 1st through the following March 31st ((of which no more than one may be a 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)) clipped adipose fin and a healed scar in the location of the ((missing)) clipped 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)) clipped adipose or ventral fin and a healed scar at the location of the ((missing)) clipped 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))) (9) 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))) (10) OPEN SEASONS:

LAKES, PONDS, AND RESERVOIRS:	YEAR AROUND, unless specified otherwise under exceptions to state-wide rules.
RIVERS, STREAMS AND BEAVER PONDS:	JUNE 1 THROUGH OCTOBER 31, unless specified otherwise under exceptions to state-wide 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))) (11) 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. Counts as a bonus limit in rivers, streams and beaver ponds. Total of five fish, including brook trout, in these waters.		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