WSR 06-23-114

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-289 -- Filed November 17, 2006, 4:24 p.m. , effective December 18, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Amend fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-20-025 and 220-56-129.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 06-19-024 on September 11, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 17, 2006.

Nancy Burkhart

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-8931.3


AMENDATORY SECTION(Amending Order 02-278, filed 11/6/02, effective 12/7/02)

WAC 220-20-025   General provisions -- Shellfish.   (1) It is unlawful to drive or operate any motor-propelled vehicle, land any airplane or ride or lead any horse on the razor clam beds of the state of Washington, as defined in WAC 220-16-257. A violation of this subsection shall be punished as an infraction.

(2) It is unlawful to possess soft-shelled crab for any commercial purpose.

(3) It is unlawful to possess in the field any crab from which the back shell has been removed.

(4) It is unlawful to willfully damage crab or other shellfish. Any crab taken incidentally to a net fishery must be immediately returned to the water with the least possible damage to the crab.

(5) "Shellfish" includes all bodily parts but does not include five pounds or less of relic shells of classified shellfish or relic shells of unclassified freshwater and marine invertebrates. A relic (dead) shell is defined as one which apparently died of natural causes and contains no meat or soft parts; it readily exhibits noticeable sediment, vegetation, algal or mineral stains, discolorations, soiling, weathering or other visual evidence on its interior surface which clearly and unambiguously shows the shell has not been cooked-out or freshly cleaned. No license or permit is required to take or possess up to five pounds of relic shells per day. It is unlawful to take or possess more than five pounds of relic shells without first obtaining a scientific collection permit. Notwithstanding the provisions of this section, it is unlawful to remove relic oyster shells from tidelands.

[Statutory Authority: RCW 77.12.047. 02-23-002 (Order 02-278), 220-20-025, filed 11/6/02, effective 12/7/02; 02-08-048 (Order 02-53), 220-20-025, filed 3/29/02, effective 5/1/02; 00-17-106 (Order 00-149), 220-20-025, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 00-01-095 (Order 99-213), 220-20-025, filed 12/15/99, effective 1/15/00; 98-15-031 (Order 98-120), 220-20-025, filed 7/7/98, effective 8/7/98; 95-23-020 (Order 95-166), 220-20-025, filed 11/8/95, effective 12/9/95; 94-12-009 (Order 94-23), 220-20-025, filed 5/19/94, effective 6/19/94; 90-06-045 (Order 90-15), 220-20-025, filed 3/1/90, effective 4/1/90; 80-13-064 (Order 80-123), 220-20-025, filed 9/17/80; Order 1179, 220-20-025, filed 11/19/74; Order 990, 220-20-025, filed 5/11/72; Order 810, 220-20-025, filed 4/17/69.]

OTS-9074.1


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

WAC 220-56-129   Unclassified freshwater invertebrates and fish.   (1) Definitions. For purposes of this section, "freshwater clams and mussels" means all freshwater bivalves existing in Washington in a wild state, except prohibited aquatic animal species classified under WAC 232-12-090.

(2) It is unlawful for any person to take or possess freshwater clams and mussels taken for personal use. Freshwater clams and mussels include all bodily parts but does not include five pounds or less of relic shells of freshwater clams and mussels. A relic (dead) shell is defined as one which apparently died of natural causes and contains no meat or soft parts: It readily exhibits noticeable sediment, vegetation, algal or mineral stains, discolorations, soiling, weathering or other visual evidence on its interior surface which clearly and unambiguously shows the shell has not been cooked-out or freshly cleaned. No license or permit is required to take or possess up to five pounds of relic shells per day. It is unlawful to take or possess more than five pounds of relic shells without first obtaining a scientific collection permit.

(3) It is unlawful for any person to take, fish for or possess Pacific lamprey, western brook lamprey, or river lamprey taken for personal use.

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

[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), 220-56-129, filed 2/10/05, effective 5/1/05; 03-05-057 (Order 03-24), 220-56-129, filed 2/14/03, effective 5/1/03.]

Washington State Code Reviser's Office