WSR 04-13-005

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 3, 2004, 10:32 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-07-036.

Title of Rule and Other Identifying Information: Closing of selected recreational and commercial fisheries in Hood Canal.

Hearing Location(s): Embassy Suites Hotel, 20610 44th Avenue West, Lynnwood, WA 98036, on August 6-7, 2004, begins at 8:00 a.m. on August 6.

Date of Intended Adoption: August 6, 2004.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by August 2, 2004.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 26, 2004, TDD (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To reduce fishing mortalities on species of fish and shell fish in Hood Canal which have become more vulnerable due to the stress and behavioral changes created by the low dissolved oxygen content in those waters.

Summary: Closes fishing activities on certain species of fish and shellfish in Hood Canal to provide additional protection from the mortalities and stress created by the extended low dissolved oxygen occurrence.

Explanation of Rule, its Purpose, and Anticipated Effects: The rules will close recreational and commercial fisheries for marine fish and certain shell fish species to provide additional long-term protection from the continuing effects of low dissolved oxygen in the waters of Hood Canal. This action will buffer the effects of the stress and mortality from these low dissolved oxygen occurrences by removing the additional source of mortality from fishing which can impact the survivability of these species in the area.

Proposal Changes the Following Existing Rules: Changes open periods for recreational and commercial fishing activity to closed for fishing for some marine fish and certain species of invertebrates.

Reasons Supporting Proposal: The low dissolved oxygen is changing the behavior of fish and making them more vulnerable to exploitation. In addition, the stress of low oxygen levels has killed thousands of fish and invertebrate species and weakened others which can reduce spawning success and long term survivability.

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: Morris Barker, 1111 Washington Street, Olympia, WA, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street, Olympia, WA, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, WA, (360) 902-2373.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: Fisheries for marine fish and certain invertebrates will be closed to commercial harvest.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None required.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: None anticipated.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? Yes. The annual average (1999-2001) landing value per vessel (fourteen total) across all affected fisheries is $710. Fishers will be displaced to other areas that may not have the same level of opportunities available to them therefore reducing their landing revenues and possibly not recapturing all of the $710.

5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:

a. Cost per employee;

b. Cost per hour of labor; or

c. Cost per one hundred dollars of sales.

The fourteen vessels in question equate to approximately 1% of the commercial fishing industry.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The agency has taken very few steps to reduce costs to the small businesses affected, other than sharing information on the status of the Hood Canal environment and the need for protection that affect their activities. The reason for the closure is due to an environmental change in the waters of Hood Canal and mitigation measures will require a time frame that far exceeds the emergency rule duration of one hundred twenty days. Members of the affected industries have been closed for some time under emergency rules and the proposals move these actions to a permanent status until such time as the environmental conditions improve to support the health populations of affected species.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: This agency and other agencies have provided many briefing documents on the status of Hood Canal and the need and reasons for action. These have been published in many area newspapers and broad coalitions of public and governmental groups have organized to develop plans and solutions of the underlying causes of the environmental status. In addition, the rules will be considered under the auspices of the Fish and Wildlife Commission public rule-making process.

8. A List of Industries That Will Be Required to Comply with the Rule: Sea cucumber fishers, dog fish set net fishers, set line fishers, drag seine fishers, herring, anchovy and smelt fishers will all be required to comply with the rules.

A copy of the statement may be obtained by contacting in writing Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155.

A cost-benefit analysis is not required under RCW 34.05.328.

June 3, 2004

Evan Jacoby

Rules Coordinator

OTS-7278.1


AMENDATORY SECTION(Amending Order 03-27, filed 2/18/03, effective 3/21/03)

WAC 220-48-029   Set net -- Dogfish -- Seasons.   (1) It is unlawful to take, fish for and possess dogfish and other species of bottomfish taken with dogfish set net gear for commercial purposes in the following Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas except during the seasons designated below:

(a) Areas 20A and 20B - November 1 through June 15.

(b) Area 21A - March 1 through June 15.

(c) Areas 21B, 22A, 22B, 23A, and 23B - Closed all year.

(d) Areas 23C and 23D - September 16 through June 15.

(e) Areas 24A, 24B, and 24D - September 16 through June 15.

(f) Area 24C - September 16 through June 15, except those waters south of a line projected due east of East Point on Whidbey Island are closed all year.

(g) Areas 25A, 25B and that portion of Area 25C west of a line from Twin Spits to the Port Gamble Millstack - September 16 through June 15.

(h) Area 25D and that portion of 25C east of line from Twin Spits to the Port Gamble Millstack - Closed all year.

(i) Area 25E - Closed all year.

(j) Area 26A - September 16 through June 15, except those waters southerly and westerly of a line between the ferry dock at Mukilteo and the ferry dock at Clinton are closed all year.

(k) Area 26B - September 16 through June 15, except those waters provided for in WAC 220-20-020(4) (Shilshole Bay) are closed at all times and those waters west of a line from Point Jefferson to Point Monroe are closed from January 1 to April 15. Those waters west of a line projected 178 degrees true from the end of the Indianola dock to the landfall on the south shore of Port Madison are closed at all times.

(l) Area 26C - Open April 16 through June 15 and September 16 through December 31, except those waters north of a line projected true east of Point Bolin and those waters west of a line projected 178 degrees true from the end of the Indianola dock to the landfall on the south shore of Port Madison are closed at all times.

(m) Area 26D - September 16 through June 15, except Quartermaster Harbor and those waters south of lines projected from Dash Point to Point Piner on Maury Island and from Point Dalco true west to the Kitsap Peninsula are closed all year.

(n) Areas 27A, 27B, and 27C - ((September 16 through June 15)) Closed all year.

(o) Area 28A - September 16 through June 15, except those waters north of a line projected true east of Fox Point on Fox Island, and east of a line projected due north from the northwest tip of Fox Island are closed all year.

(p) Areas 28B, 28C, and 28D - September 16 through June 15, except those waters provided for in WAC 220-20-010(6) (upper Carr Inlet).

(q) Area 29 - September 16 through June 15.

(2) Incidental catch: It is unlawful to retain any shellfish or fish other than bottomfish.

[Statutory Authority: RCW 77.12.047. 03-05-063 (Order 03-27), 220-48-029, filed 2/18/03, effective 3/21/03. Statutory Authority: RCW 75.08.080. 91-13-051 (Order 91-39), 220-48-029, filed 6/14/91, effective 7/15/91; 89-14-010 (Order 89-48), 220-48-029, filed 6/22/89; 84-08-014 (Order 84-24), 220-48-029, filed 3/27/84; 82-24-080 (Order 82-215), 220-48-029, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-029, filed 7/1/82.]


AMENDATORY SECTION(Amending Order 03-27, filed 2/18/03, effective 3/21/03)

WAC 220-48-032   Set line -- Seasons.   (1) Set line fishing for dogfish and other bottomfish is open in all Puget Sound Marine Fish - Shellfish Management and Catch Reporting Areas year-round except as provided in this section.

(2) It is unlawful to take, fish for, and possess dogfish and other bottomfish taken with set lines in:

(a) All Marine Fish-Shellfish Management and Catch Reporting Areas June 16 through September 15.

(b) That portion of Area 26C north of a line projected due east from Point Bolin to Bainbridge Island is closed all year.

(c) That portion of Area 26D south of lines projected due west of Point Dalco on Vashon Island, and from Dash Point to Point Piner on Maury Island, is closed all year.

(d) That portion of Area 28A east of a line projected due north from the northwest tip of Fox Island, and north of a line projected due east from Fox Point on Fox Island is closed all year.

(e) Those waters provided for in WAC 220-20-010(6) and 220-20-020(4).

(f) Marine Fish-Shellfish Management and Catch Reporting Areas 27A, 27B, and 27C.

(3) Incidental catch: It is unlawful to retain any shellfish and any fish other than bottomfish, and the cumulative weight of rockfish and lingcod shall not exceed 30 pounds for any vessel trip in all open Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

[Statutory Authority: RCW 77.12.047. 03-05-063 (Order 03-27), 220-48-032, filed 2/18/03, effective 3/21/03. Statutory Authority: RCW 75.08.080. 98-05-043, 220-48-032, filed 2/11/98, effective 3/14/98; 87-04-003 (Order 87-03), 220-48-032, filed 1/22/87; 82-24-080 (Order 82-215), 220-48-032, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-032, filed 7/1/82.]


AMENDATORY SECTION(Amending Order 89-48, filed 6/22/89)

WAC 220-48-062   Drag seines -- Seasons.   It is unlawful to take, fish for, and possess bottomfish with drag seine gear for commercial purposes except in the following Marine Fish-Shellfish Management and Catch Reporting Areas during the seasons designated below:

(1) Areas 28A, 28B, 28C, and 28D - Open January 1 through April 30.

(2) All other areas - Open September 1 through April 30, except Areas 27A, 27B, and 27C are closed year-round.

[Statutory Authority: RCW 75.08.080. 89-14-010 (Order 89-48), 220-48-062, filed 6/22/89; 82-24-080 (Order 82-215), 220-48-062, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-062, filed 7/1/82.]

OTS-7279.1


AMENDATORY SECTION(Amending Order 00-263, filed 12/29/00, effective 1/29/01)

WAC 220-49-020   Herring and anchovy -- Seasons -- Lawful gear -- Purposes.   It shall be unlawful to take, fish for or possess for commercial purposes herring or anchovy in Puget Sound except during lawful seasons, with lawful gear and for such purposes as provided for hereinafter in each respective fishing area:

(1) Area 20A.

(a) Closed September 1 through May 31 to all commercial fishing gear except for the spawn on kelp fishery as provided for in WAC 220-49-063.

(b) Closed June 1 through August 31 to all commercial fishing.

(2) It is unlawful to use purse seine gear in any Puget Sound area except 23A, 23B, 23C, 23D, and 29. Areas 23A, 23B, 23C, 23D and 29 are open to purse seine gear only during seasons set by emergency rule.

(3) All other Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas - Open entire year with drag seine, lampara, and dip bag net for human consumption or bait only except for closures set out in subsections (4), (5) and (6) of this section.

(4) The following areas are closed the entire year to all gear:

Areas 20B, 21A, 21B, 22A, 22B, 25A, and 25E.

(5) The following areas are closed from January 16 through April 15, except to dip bag net gear:

(a) Area 24A except for a year-round closure in Swinomish Channel in those waters between the bridge spanning the channel south of La Conner and a line perpendicular to the channel at the northeast end of the La Conner boat basin, 24B, and 24D.

(b) Waters of Area 25C south of a line from Tala Point to Foulweather Bluff.

(c) Area 25D.

(d) Waters of Area 26B west of a line from Point Monroe to Point Jefferson.

(e) Area 26C.

(f) Waters of Area 26D north of a line from Neill Point to Piner Point.

(g) ((Waters of)) Areas 27A ((north of a line from South Point to Lofall and contiguous waters of 27A south of a line projected true east from Hazel Point including all waters of Dabob and Quilcene Bays)), 27B and 27 C are closed year-round.

(h) ((Waters of Area 27B north of a line from Triton Head to Tekiu Point.

(i) Waters of Area 27C east of a line from Ayers Point to Union.

(j))) Waters of Area 28A west of a line projected true north-south through Treble Point on Anderson Island, including Henderson Inlet.

(((k))) (i) Waters of Area 28B west of a line projected true north from Penrose Point, including Mayo Cove and Von Geldern Cove.

(((l))) (j) All contiguous waters of Area 28D north and east of a line projected from Dofflemeyer Point through Cooper Point to landfall on the west shore of Eld Inlet, including Totten Inlet, Hammersley Inlet and Oakland Bay.

[Statutory Authority: RCW 77.12.047. 01-02-058 (Order 00-263), 220-49-020, filed 12/29/00, effective 1/29/01. Statutory Authority: RCW 75.08.080. 99-17-067 (Order 99-127), 220-49-020, filed 8/13/99, effective 9/13/99; 98-05-043, 220-49-020, filed 2/11/98, effective 3/14/98; 95-23-020 (Order 95-166), 220-49-020, filed 11/8/95, effective 12/9/95; 94-12-009 (Order 94-23), 220-49-020, filed 5/19/94, effective 6/19/94; 84-08-014 (Order 84-24), 220-49-020, filed 3/27/84; 83-24-024 (Order 83-200), 220-49-020, filed 11/30/83, effective 1/1/84; 83-04-025 (Order 83-04), 220-49-020, filed 1/27/83; 79-03-014 (Order 79-11), 220-49-020, filed 2/15/79; Order 76-148, 220-49-020, filed 12/2/76; Order 1105, 220-49-020, filed 12/28/73.]


AMENDATORY SECTION(Amending Order 02-66, filed 3/27/02, effective 4/27/02)

WAC 220-49-056   Smelt fishing -- Seasons.   It shall be unlawful to take, fish for or possess smelt for commercial purposes in Puget Sound except during the following seasons:

(1) Areas 20A and 21A - July 1 to April 15.

(2) Area 22B - November 1 to April 15.

(3) Areas 24A, 24B, 24C, and 24D - July 1 to April 15.

(4) Areas 25A and 25E - November 1 to April 15.

(5) Areas 26B, 26C, 26D, ((27B, 27C,)) 28B, and 28C - October 1 to April 15 except those waters within 200 feet of shore adjacent to department property at Ross Point in Area 26C are closed to commercial smelt harvest at all times, and those waters of Sinclair Inlet west of a line due south from the ferry dock in Bremerton are open only 8:01 a.m. Wednesday through 7:59 a.m. Friday of each week during the open period.

(6) Areas 27A, 27B and 27C - Closed year-round.

(7) Areas 28A and 28D - September 1 to April 15.

(((7))) (8) All other areas open the entire year.

[Statutory Authority: RCW 77.12.047. 02-08-026 (Order 02-66), 220-49-056, filed 3/27/02, effective 4/27/02. Statutory Authority: RCW 75.08.080. 98-05-043, 220-49-056, filed 2/11/98, effective 3/14/98; 94-12-009 (Order 94-23), 220-49-056, filed 5/19/94, effective 6/19/94; 91-13-051 (Order 91-39), 220-49-056, filed 6/14/91, effective 7/15/91; 83-24-024 (Order 83-200), 220-49-056, filed 11/30/83, effective 1/1/84; 83-04-025 (Order 83-04), 220-49-056, filed 1/27/83; Order 76-148, 220-49-056, filed 12/2/76; Order 76-26, 220-49-056, filed 1:45 p.m., 4/20/76; Order 1105, 220-49-056, filed 12/28/73.]

OTS-7281.1


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

WAC 220-56-128   Food fish fishing -- Closed areas.   It is unlawful to fish for or possess food fish taken from the following areas during the times indicated.

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

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

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

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

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

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

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

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

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

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

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

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

(13) Waters of Catch Record Card Area 10 west of a line from Point Monroe to Indianola and east of a line from Point Bolin to Battle Point are closed to food fish angling from January 1 through March 31.

(14) 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.

[Statutory Authority: RCW 77.12.047. 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.]


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

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. Release all canary and 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 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
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 1 fish May 1 through September 30
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 11 and 13 - 15 fish in the aggregate of all species and species groups of bottomfish, which may include no more than:

Rockfish in Area 9 May 1 through September 30 and in Areas 8-1, 8-2, 10, 11 and 13 when lingcod or salmon seasons are open. Rockfish closed in Area 12 1 fish
Surfperch 10 fish
Pacific cod 0 fish
Pollock 0 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel 0 fish
Cabezon 2 fish
Pacific hake 0 fish
(d) Catch Area 12: Closed.

(e) It is unlawful to possess lingcod taken by angling less than 26 inches in length or greater than 40 inches in length.

(((e))) (f) 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))) (g) It is unlawful to retain cabezon taken from Catch Record Card Areas 5 through 11 and 13 from December 1 through April 30.

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

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

(((i))) (j) It is unlawful to take rockfish by spear fishing in Catch Record Card Areas 5 through 13.

(((j))) (k) In Catch Record Areas 5 through 11 and 13, the daily limit for rockfish is the first legal rockfish caught, except in Area 5 west of Slip Point the daily limit for rockfish is the first three legal rockfish caught, provided that no more than one of the three may be other than black rockfish. After the daily limit of rockfish is caught, all subsequent rockfish must be released.

[Statutory Authority: RCW 77.12.047. 04-07-009 (Order 04-39), 220-56-235, filed 3/4/04, effective 5/1/04; 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 99-13, filed 3/30/99, effective 5/1/99)

WAC 220-56-267   Herring -- Areas and seasons.   Herring fishing is open in all state waters year around except:

(1) Those waters of Catch Record Card Area 6 south of a line from Ediz Hook to Partridge Point are closed January 16 through April 15.

(2) Those waters of Catch Record Card Area 7 north of a line from Sandy Point through Patos Island to the United States-Canada boundary are closed year ((around))-round.

(3) Catch Record Card Area 12 is closed year-round.

[Statutory Authority: RCW 75.08.080 and 77.12.040. 99-08-029 (Order 99-13), 220-56-267, filed 3/30/99, effective 5/1/99.]


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

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

(2) Smelt fishing is open in Puget Sound and the Strait of Juan de Fuca the entire year except closed weekly from 8:00 a.m. Wednesday to 8:00 a.m. Friday for all types of gear except forage fish jigger gear and closed year-round in Catch Record Card Area 12.

[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), 220-56-270, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-08-029 (Order 99-13), 220-56-270, filed 3/30/99, effective 5/1/99; 98-06-031, 220-56-270, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 93-08-034 (Order 93-20), 220-56-270, filed 3/31/93, effective 5/1/93; 80-03-064 (Order 80-12), 220-56-270, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-070.]


AMENDATORY SECTION(Amending Order 95-10, filed 1/30/95, effective 5/1/95)

WAC 220-56-390   Squid, octopus.   (1) It is lawful to take, fish for or possess squid and octopus the entire year except closed year-round in Catch Record Card Area 12.

(2) It is unlawful to take, fish for or possess squid taken for personal use with more than one line. A maximum of four squid lures may be used. If gear utilizes conventional hooks, it shall not exceed a total of nine points. Herring rakes and hand dip net gear may be used to take squid. In the field each person taking squid must use a separate container to hold their catch.

(3) Octopus may be taken by hand or by any instrument which will not penetrate or mutilate the body except that it is lawful to retain octopus taken while angling with hook and line gear.

[Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-56-390, filed 1/30/95, effective 5/1/95; 94-14-069, 220-56-390, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-390, filed 3/31/93, effective 5/1/93; 83-07-043 (Order 83-16), 220-56-390, filed 3/17/83; 82-07-047 (Order 82-19), 220-56-390, filed 3/18/82; 80-03-064 (Order 80-12), 220-56-390, filed 2/27/80, effective 4/1/80.]


AMENDATORY SECTION(Amending WSR 94-14-069, filed 7/1/94, effective 8/1/94)

WAC 220-56-410   Sea cucumbers.   (1) It is lawful to fish for sea cucumbers for personal use the entire year except closed year-round in Catch Record Card Area 12.

(2) It shall be lawful to take, fish for and possess sea cucumbers for personal use with any hand-operated instrument which does not penetrate the animal.

[Statutory Authority: RCW 75.08.080. 94-14-069, 220-56-410, filed 7/1/94, effective 8/1/94; 80-03-064 (Order 80-12), 220-56-410, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-090.]

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