WSR 98-05-043

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed February 11, 1998, 4:40 p.m.]

Date of Adoption: January 24, 1998.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-22-410, 220-44-030, 220-44-050, 220-44-080, 220-48-005, 220-48-013, 220-48-015, 220-48-019, 220-48-032, 220-48-042, 220-48-052, 220-48-071, 220-49-005, 220-49-011, 220-49-012, 220-49-013, 220-49-014, 220-49-017, 220-49-020, 220-49-021, 220-49-024, 220-49-056, 220-52-040, 220-52-046, 220-88A-020, 220-88A-030, 220-88A-040, 220-88A-060, 220-88A-070, and 220-88A-080.

Statutory Authority for Adoption: RCW 75.08.080.

Adopted under notice filed as WSR 97-24-082, 97-24-084, 97-24-086, 97-24-087, and 97-24-088 on December 2, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 30, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 11, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

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

February 11, 1998

Lisa Pelly, Chair

Fish and Wildlife Commission

AMENDATORY SECTION (Amending Order 84-24, filed 3/27/84)

WAC 220-22-410 Marine Fish-Shellfish Management and Catch Reporting Areas, coastal waters. (1) Area 50 shall include waters of the Bering Sea north of the Aleutian Islands.

(2) Area 51 shall include waters south of the Aleutian Islands and west of longitude 159 W.

(3) Area 52 shall include waters west of longitude 154 W and east of Area 51.

(4) Area 53 shall include waters west of longitude 147 W and east of Area 52.

(5) Area 54 shall include waters west of longitude 137 W and east of Area 53.

(6) Area 55 shall include waters north of latitude 54 40' N and east of Area 54.

(7) Area 56 shall include waters north of latitude 50 30' N and south of Area 55.

(8) Area 57 shall include waters north of latitude 48 26' N and south of Area 56.

(9) Area 58A shall include waters north of the United States - Canada boundary and south of Area 57.

(10) Area 58B shall include waters west of a line projected 220 true southwest from the equidistant point between the United States and Canada along the Cape Flattery to Bonilla Point line, north of a line projected true west from Point Grenville and south of Area 58A.

(11) Area ((59A)) 59A-1 shall include waters east of the 220 true line, west of a line from Cape Flattery to Bonilla Point, and north of ((a line true west from Point Grenville excluding)) 47 40' 30" N. Latitude (Destruction Island) exclusive of coastal waters (0-3 miles) north of a line projected true west from Cape Alava.

(12) Area 59A-2 shall include waters east of the 220 true line, south of 47 40' 30" N. Latitude (Destruction Island), and north of a line projected true west from Point Grenville.

(13) Area 59B shall include coastal waters (0-3 miles) northerly of a line projected true west from Cape Alava and west of a line projected from the Bonilla Point light on Vancouver Island to the Tatoosh Island light and then to the most westerly point of Cape Flattery.

(((13) Area 60A)) (14) Area 60A-1 shall include waters north of a line projected true west from ((the Washington-Oregon boundary in the Columbia River, and south of Areas 58, 59A, and 59B)) Point Chehalis (46 53' 18" N. Latitude) and south of a line projected true west from Point Grenville exclusive of ((the Columbia River estuary,)) Grays Harbor ((and Willapa Bay)).

(((14))) (15) Area 60A-2 shall include waters north of a line projected true west from the Washington-Oregon boundary in the Columbia River and south of a line projected true west from Point Chehalis (46 53' 18" N. Latitude) exclusive of the Columbia River estuary and Willapa Bay.

(16) Area 60B shall include the waters of Grays Harbor east of a line projected from the outermost end of the north jetty to the outermost end of the south jetty.

(((15))) (17) Area 60C shall include the saltwater areas of Willapa Bay east of a line from Leadbetter Point to Cape Shoalwater light.

(((16))) (18) Area 60D shall include waters of the Columbia River east of a line projected from the inshore end of the north jetty in the state of Washington to the knuckle of the south jetty in the state of Oregon, and west of the Megler-Astoria Bridge.

(((17))) (19) Area 61 shall include waters north of latitude 42 00' N, and south of Area 60A, exclusive of the Columbia River estuary.

(((18))) (20) Area 62 shall include waters north of latitude 38 00' N, and south of Area 61.

(((19))) (21) Area 63 shall include waters north of latitude 32 00' N, and south of Area 62.

(((20))) (22) Area 64 shall include all waters south of Area 63.

(((21))) (23) This WAC will not apply to hardshell clams, oysters, or geoducks.

[Statutory Authority: RCW 75.08.080. 84-08-014 (Order 84-24), 220-22-410, filed 3/27/84; 82-14-056 (Order 82-72), 220-22-410, filed 7/1/82; 80-07-017 (Order 80-45), 220-22-410, filed 6/11/80; Order 76-148, 220-22-410, filed 12/2/76.]

AMENDATORY SECTION (Amending Order 96-43, filed 5/9/96, effective 6/9/96)

WAC 220-44-030 Coastal bottomfish gear. It is unlawful to take, fish for, possess, transport through the waters of the state or land in any Washington state ports, bottomfish taken for commercial purposes in Marine Fish-Shellfish Management and Catch Reporting Areas ((29,)) 59A, 59B, 60A and that portion of Area 58 within the United States 200-mile Fishery Conservation Zone with any gear except as provided in this section:

(1) Otter trawl and beam trawl.

(a) It is unlawful to use, operate or carry aboard any fishing vessel otter trawl gear having meshes measuring less than 3 inches anywhere in the net.

(b) It is unlawful to use or operate any bottom roller or bobbin trawl having meshes less than 4.5 inches anywhere in the net. Rollers, bobbins, or discs used in roller or bobbin trawls must be a minimum of 14 inches in diameter.

(c) It is unlawful to use or operate a pelagic trawl with meshes less than 3.0 inches anywhere in the net. Footropes of pelagic trawls must be less than 1.75 inches in diameter, including twine necessary for seizing material. Sweeplines, including the bottom leg of the bridle, must be bare.

(d) For at least 20 feet immediately behind the footrope or headrope, bare rope or mesh of 16-inch minimum mesh size must completely encircle the net. A band of mesh may encircle the net under transfer cables, lifting or splitting straps (chokers), but must be: Over riblines and restraining straps; the same mesh size and coincide knot-to-knot with the net to which it is attached; and no wider than 16 meshes.

(e) Chafing gear may encircle no more than 50 percent of the circumference of any bottom, roller, bobbin or pelagic trawl except as specified in (d) of this subsection. No section of chafing gear may be longer than 50 meshes of the net to which it is attached. Except at the corners, the terminal end of each section of chafing gear must not be connected to the net. Chafing gear must be attached outside any riblines and restraining straps. There is no limit on the number of sections of chafing gear on a net.

(f) It is unlawful to use double wall codends in any trawl gear.

(g) Licensing: A food fish trawl--non-Puget Sound fishery license is the license required to operate the gear provided for in this section. Additionally a federal limited entry permit is required in Areas 59A, 59B, 60A and that portion of Area 58 within the Exclusive Economic Zone.

(h) Area restriction: It is unlawful to use bottom roller, bobbin or disc trawl or to use a foot rope greater than 5 inches in diameter in state territorial waters (0-3 miles) within the catch areas provided for in this section.

(2) Set lines.

(a) It is unlawful for the operator of set lines to leave such gear unattended unless marked as provided in WAC 220-20-010(5). Set lines must be attended at least once every seven days. Set lines must be marked at the surface at each terminal end with a pole, flag, light, radar reflector, and a buoy displaying clear identification of the owner or operator.

(b) Licensing: A food fish set line fishery license is the license required to operate the gear provided for in this section.

(c) Area restriction: It is unlawful to use set line gear in state territorial waters (0-3 miles) within Areas 59A, 59B, 60A and that portion of Area 58 within the Exclusive Economic Zone.

(3) Bottomfish pots.

(a) It is unlawful for the operator of bottomfish pots to leave such gear unattended unless marked as provided in WAC 220-20-010(5). Bottomfish pots must be attended at least once every seven days. Bottomfish pots set individually must be marked at the surface with a pole and a flag, light, or radar reflector, and a buoy displaying clear identification of the owner. Bottomfish pots laid on a groundline must be marked at the surface at each terminal end of the groundline with a pole and a flag, light, and radar reflector, and a buoy displaying clear identification of the owner or operator.

(b) Licensing: A bottomfish pot fishery license is the license required to operate the gear provided for in this section.

(c) Area restriction: It is unlawful to use bottomfish pots in state territorial waters (0-3 miles) within the catch areas provided for in this section.

(4) Commercial jig gear.

(a) Licensing: A bottomfish jig fishery license is the license required to operate the gear provided for in this section.

(b) Area restriction: It is unlawful to use commercial jig gear in state territorial waters (0-3 miles) within the catch areas provided for in this section.

(5) Troll lines.

(a) Licensing: A bottomfish troll fishery license is the license required to operate the gear provided for in this section.

(b) Area restriction: It is unlawful to use bottomfish troll gear in state territorial waters (0-3 miles) within the catch areas provided for in this section.

(6) Incidental catch.

(a) It is lawful to retain bottomfish taken incidental to any lawful salmon fishery, up to a daily limit of 100 pounds or 30% of all fish on board, whichever is greater. No more than one trip per day provided the bottomfish could be lawfully taken.

(b) It is unlawful to take salmon incidental to any lawful bottomfish fishery.

(c) It is lawful to retain sturgeon taken incidental to any lawful bottomfish fishery, provided the sturgeon could be lawfully taken.

(d) It is unlawful to retain any species of shellfish taken incidental to any lawful bottomfish fishery, except that it is lawful to retain octopus and squid.

[Statutory Authority: RCW 75.08.080. 96-11-055 (Order 96-43), 220-44-030, filed 5/9/96, effective 6/9/96; 94-12-009 (Order 94-23), 220-44-030, filed 5/19/94, effective 6/19/94; 92-07-008 (Order 92-07), 220-44-030, filed 3/6/92, effective 4/16 88-22-033 (Order 88-157), 220-44-030, filed 10/27/88; Statutory Authority: RCW 75.08.080. 88-22-033 (Order 88-157), 220-44-030, filed 10/27/88; 84-08-014 (Order 84-24), 220-44-030, filed 3/27/84; 82-14-056 (Order 82-72), 220-44-030, filed 7/1/82; 82-03-045 (Order 82-6), 220-44-030, filed 1/19/82; 81-02-053 (Order 81-3), 220-44-030, filed 1/7/81; 79-03-014 (Order 79-11), 220-44-030, filed 2/15/79; 78-04-039 (Order 78-11), 220-44-030, filed 3/20/78.]

AMENDATORY SECTION (Amending Order 96-43, filed 5/9/96, effective 6/9/96)

WAC 220-44-050 Coastal bottomfish catch limits. It is unlawful to possess, transport through the waters of the state, or land in any Washington state port bottomfish taken from Marine Fish-Shellfish Management and Catch Reporting Areas ((29,)) 58B, 59A, 59B, 60A, 61, 62, or 63 in excess of the amounts or less than the minimum sizes shown below for the species indicated. All weights are in round pounds:

(1) The following definitions apply to this section:

(a) Cumulative limit. A cumulative limit is the maximum amount of fish that may be taken and retained, possessed or landed per vessel per calendar month, without a limit on the number of landings or trips. The cumulative limit includes all fish harvested by a vessel during the month, whether taken in limited entry or open access fisheries. Once a cumulative limit has been achieved, an operator may begin fishing on the next cumulative limit so long as the fish are not landed until after the beginning of the next cumulative limit.

(b) Two-month cumulative limit is the maximum amount of fish that may be taken and retained, possessed or landed per vessel per two fixed-calendar month period, without a limit on the number of landings or trips. The fixed two-month periods are January-February, March-April, May-June, July-August, September-October and November-December. No more than sixty percent of any two-month cumulative limit may be taken and retained, possessed or landed per vessel in either calendar month of the fixed, two-month period. The two-month cumulative limit includes all fish harvested by a vessel during the two-month period, whether taken in limited entry or open access fisheries. Once a two-month cumulative limit has been achieved, an operator may begin fishing on the next two-month cumulative limit so long as the fish are not landed until after the beginning of the next two-month cumulative period.

(c) Vessel trip. A vessel trip is defined as having occurred upon the initiation of transfer of catch from a fishing vessel.

(d) Vessel trip limit. The amount of fish that may not be exceeded per vessel trip. All fish aboard a fishing vessel upon the initiation of transfer of catch are to be counted towards the vessel trip limit.

(e) Daily trip limit. The maximum amount of fish that may be taken and retained, possessed, or landed per vessel from a single fishing trip in 24 consecutive hours, starting at 0001 hours local time.

(f) Groundfish limited entry fishery - Fishing activity by a trawl, setline or bottomfish pot equipped vessel that has received a federal limited entry permit issued by the National Marine Fisheries Service endorsed for the qualifying gear type.

(g) Groundfish open access fishery - Fishing activity by a vessel equipped with setline or bottomfish pot gear that has not received a federal limited entry permit, or a vessel using gear other than trawl, setline or bottomfish pot gear.

(h) Dressed length - The dressed length of a fish is the distance from the anterior insertion of the first dorsal fin to the tip of the tail.

(2) Groundfish limited entry fishery limits. The following limits apply to the groundfish limited entry fishery in Coastal Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A, 59B, 60A, 61, 62, and 63((, and apply to all listed bottomfish species and species complexes taken in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Area 29)):

(a) Pacific Ocean perch - Two-month cumulative limit of 10,000 pounds. No minimum size.

(b) Widow rockfish - Two-month cumulative limit of 70,000 pounds. No minimum size.

(c) Shortbelly rockfish - No maximum poundage. No minimum size.

(d) Black rockfish - The vessel trip limit for black rockfish for commercial fishing vessels using hook-and-line gear between the U.S. Canada border and Cape Alava (4809'30" N. latitude) and between Destruction Island (4740'00" N. latitude) and Leadbetter Point (4638'10" N. latitude), and fishing beyond the three-mile territorial limit is 100 pounds (round weight) or 30 percent by weight of all fish on board including salmon, whichever is greater, per vessel trip.

(e) Sebastes complex - All species of rockfish except Pacific Ocean perch, widow, shortbelly and thornyhead (Sebastolobus spp.).

(i) North of Cape Lookout and south of Cape Lookout if no declaration has been made - Two-month cumulative limit of 70,000 pounds, of which no more than 32,000 pounds may be yellowtail rockfish and no more than 18,000 pounds may be canary rockfish. No minimum size on any species in this category.

(ii) South of Cape Lookout - Two-month cumulative limit of 100,000 pounds of which no more than 70,000 pounds may be yellowtail rockfish and no more than 18,000 pounds may be canary rockfish, provided the licensee has made a declaration as follows:

(A) The declaration must be made at least 12 hours prior to departing from port by telephoning the department Montesano office at (360) 249-4628, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. The declarer will receive a declaration number from the department.

(B) The declaration must include: Vessel name; federal limited entry permit number; operator's name, phone number and address; anticipated date and port of departure; anticipated date and port of return.

(C) Phone declarations must be followed by a written declaration, signed by the operator and mailed or delivered to the Montesano office at 48 Devonshire Road, Montesano, WA 98563, prior to the day of departure. Forms are available at that office or from coastal processors.

(D) No fishing north of Cape Lookout is allowed after declaring for fishing south of Cape Lookout until the vessel has landed at a Washington or Oregon port and notified the Montesano office during business hours.

(iii) There is a maximum two-month cumulative limit for landings from both north and south of Cape Lookout of 100,000 pounds of which no more than 70,000 pounds may be yellowtail rockfish and no more than 18,000 pounds may be canary rockfish.

(iv) Wholesale fish dealers purchasing more than 42,000 pounds of the Sebastes complex, 19,200 pounds of yellowtail rockfish or 10,800 pounds of canary rockfish must enter the declaration number on the fish receiving ticket.

(f) DTS Complex - (sablefish, dover sole and thornyhead rockfish) - Two-month cumulative limit of 70,000 pounds, of which no more than 12,000 pounds may be sablefish and not more than 20,000 pounds may be thornyhead rockfish of which no more than 4,000 pounds may be shortspine thornyheads.

(g) Sablefish.

(i) Trawl vessels - Not more than 500 pounds (round weight) of sablefish per trip may be sablefish less than 22 inches total length. Sablefish total length of 22 inches is equivalent to dressed length of 15.5 inches. To convert sablefish from dressed weight to round weight, multiply the dressed weight by 1.6.

(ii) Nontrawl vessels - Daily trip limit of 300 pounds (round weight). No minimum size. Effective 0001 hours September 1, 1996, no maximum poundage. Not more than 1,500 pounds or 3 percent of all sablefish aboard, per trip, may be sablefish less than 22 inches in length (15.5 inches dressed length).

(h) Pacific whiting - Vessel trip limit of 10,000 pounds. No minimum size. Effective 0001 hours May 15, 1996, no maximum poundage.

(i) Lingcod - Two-month cumulative limit of 40,000 pounds. Total length minimum size limit of 22 inches. Lingcod total length of 22 inches is equivalent to dressed length of 18 inches. To convert lingcod from dressed weight to round weight, multiply the dressed weight by 1.5. To convert lingcod from dressed, head on (gutted only) weight, multiply the dressed weight by 1.1.

(3) Groundfish open access fishery limits. The following limits apply to the ground fish open access fishery in Coastal Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A, 59B, 60A, 61, 62, and 63((, and, unless otherwise provided, apply to all listed species and species complexes taken in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Area 29)). Notwithstanding the provisions of this subsection, no groundfish open access fishery limit may exceed a groundfish limited entry fishery daily, vessel or cumulative limit or exceed fifty percent of a ground fish limited entry fishery two-month cumulative limit:

(a) Sablefish - Daily trip limit of 300 pounds (round weight). No minimum size.

(b) Rockfish.

Vessel trip limit of 10,000 pounds. Cumulative trip limit of 35,000 pounds.

(c) Lingcod - Cumulative limit of 20,000 pounds. Total length minimum size limit of 22 inches. Lingcod total length of 22 inches is equivalent to dressed length of 18 inches. To convert lingcod from dressed weight to round weight, multiply the dressed weight by 1.5. To convert lingcod from dressed head on (gutted only) weight, multiply the dressed weight by 1.1.

(d) Thornyhead rockfish - Daily trip limit of 50 pounds (round weight). No minimum size.

(((e) Setline gear in Area 29:

It is lawful to use setline gear in Area 29, except that it is unlawful to retain rockfish and lingcod with a cumulative weight greater than thirty percent of the weight of all fish aboard not to exceed 100 pounds. Maximum one vessel trip per day.))

(4) It is unlawful for the operator of any vessel during unloading of the catch and prior to its being weighed or leaving the unloading facility to intermix with any other species a species or category of bottomfish having a cumulative limit, vessel trip limit, or a daily trip limit.

(5) The fishers copy of all fish receiving tickets showing landings of species provided for in this section must be retained aboard the landing vessel for 90 days after landing.

[Statutory Authority: RCW 75.08.080. 96-11-055 (Order 96-43), 220-44-050, filed 5/9/96, effective 6/9/96; 95-08-069 (Order 95-29), 220-44-050, filed 4/4/95, effective 5/5/95; 94-13-077 (Order 94-51), 220-44-050, filed 6/10/94, effective 7/11/93-07-093 (Order 93-16), 220-44-050, filed 3/22/93, effective 4/22/93; 92-07-008 (Order 97-07), 220-44-050, filed 3/6/92, effective 4/16/92; 91-07-050 (Order 91-12), 220-44-050, filed 3/18/91, effective 4/18/91; 90-13-108 (Order 90-26), 220-44-05iled 6/21/90, effective 7/22/90. Statutory Authority: RCW 75.08.070 and 75.08.080. 89-14-069 (Order 89-54), 220-44-050, filed 6/30/89; 89-06-030 (Order 89-07), 220-44-050, filed 2/24/89; 88-14-020 (Order 88-42), 220-44-050, filed 6/28/88. Statutory Authority: RCW 75.08.080. 87-07-042 (Order 87-17), 220-44-050, filed 3/16/87; 86-12-027 (Order 86-39), 220-44-050, filed 5/28/86. Statutory Authority: RCW 75.08.070 and 75.08.080. 85-07-022 (Order 85-17), 220-44-050, filed 3/13/85. Statutory Authority: RCW 75.08.080. 84-08-014 (Order 84-24), 220-44-050, filed 3/27/84; 83-17-030 (Order 83-88), 220-44-050, filed 8/10/83; 83-10-016 (Order 83-31), 220-44-050, filed 4/26/83.]

AMENDATORY SECTION (Amending Order 85-24, filed 4/1/85)

WAC 220-44-080 Otter trawl logbook required. It shall be unlawful for any operator of otter trawl gear to fail to possess and maintain a "Washington-Oregon-California Trawl Logbook" while fishing in Coastal Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A, 59B, 60A, 61, 62((,)) and 63((, or Puget Sound Marine Fish-Shellfish Management and Catch Reporting Area 29)). The logbook must be kept aboard the vessel while it is fishing in the above areas, or while having fish aboard that were caught in the above areas. The vessel operator must submit the completed logbook for inspection immediately upon request by authorized department of fisheries representatives. For each vessel trip, the operator shall record the vessel name and registration number, crew size, fuel used, departure and return date and time, general locality fished and buyers of fish landed. For each trawl tow conducted the vessel operator shall record the month and day, duration of tow, area fished, depth fished, net type, target species, and estimated weight of each species of fish retained. The departments copies of completed log sheets must be submitted to the department for each month in which fishing activity occurs. The departments copies must be received within ten days following any calendar month in which fishing activity occurred, or within ten days following the termination of commercial fishing activity, whichever occurs first.

[Statutory Authority: RCW 75.08.080. 85-08-023 (Order 85-24), 220-44-080, filed 4/1/85.]

AMENDATORY SECTION (Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-48-005 Puget Sound bottomfish--General provisions. (1) It is unlawful to possess any English sole less than 12 inches in length taken by any commercial bottomfish gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

(2) It is unlawful to possess any starry flounder less than 14 inches in length taken by any commercial bottomfish gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

(3) It is unlawful to possess lingcod taken with any commercial gear the entire year in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 24A, 24B, 24C, 24D, 25B, 25C, 25D, 26A, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, and 28D.

(4) It is unlawful to possess any lingcod less than 26 inches in length or greater than 40 inches in length taken by any commercial gear in all state waters east of the ((mouth of the Sekiu River)) Bonilla-Tatoosh line.

(5) ((It is unlawful to possess lingcod taken with any commercial gear from December 1 through April 14 in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Area 29.

(6))) It is unlawful to possess lingcod taken by any commercial gear from June 16 through April 30 in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23B, 23C, 25A, ((and)) 25E, and 29.

(((7))) (6) It is unlawful to possess any species of shellfish taken with lawful bottomfish gear except as provided in WAC 220-52-063 and 220-52-066.

(((8))) (7) Incidental catch.

(a) It is lawful to retain bottomfish taken incidental to any lawful salmon fishery, provided the bottomfish could be lawfully taken.

(b) It is unlawful to retain salmon or sturgeon taken incidental to any lawful bottomfish fishery in Puget Sound.

(c) It is unlawful to retain any species of shellfish taken incidental to any bottomfish fishery in Puget Sound, except that it is lawful to retain octopus and squid.

(d) It is unlawful to retain any whiting taken incidental to any bottomfish fishery in Catch Areas 24B, 24C or 26A except using pelagic trawl gear when these areas have been opened by the director for a directed whiting fishery.

(8) A vessel trip is defined as having occurred upon the initiation of transfer of catch from a fishing vessel.

(9) Pacific cod.

(a) It is unlawful to discard any Pacific cod taken by any commercial fishing gear.

(b) All Pacific cod taken by a commercial gear shall be landed at a licensed commercial dealer.

(10) Sablefish. It is unlawful to take more than 300 pounds of sablefish per vessel trip or more than 600 pounds of sablefish per two-month cumulative limit from open Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas. A two-month cumulative limit is the maximum amount of fish that may be taken and retained, possessed or landed per vessel per two-fixed calendar month period. The fixed two-month periods are January-February, March-April, May-June, July-August, September-October and November-December.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-48-005, filed 5/19/94, effective 6/19/94; 93-15-051, 220-48-005, filed 7/14/93, effective 8/14/93; 92-11-011 (Order 92-28), 220-48-005, filed 5/12/92, effective 6/12/92; 85-08-023 (Order 85-24), 220-48-005, filed 4/1/85; 83-24-024 (Order 83-200), 220-48-005, filed 11/30/83, effective 1/1/84; 82-24-080 (Order 82-215), 220-48-005, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-005, filed 7/1/82.]

AMENDATORY SECTION (Amending Order 85-24, filed 4/1/85)

WAC 220-48-013 Beam trawl and otter trawl logbooks. It shall be unlawful for any operator of beam trawl or otter trawl gears to fail to obtain and accurately maintain a "Washington Inside Waters Trawl Logbook" while fishing for, or while in possession of, bottomfish taken from east of the mouth of the Sekiu River. A logbook must be obtained from the Washington department of fisheries and must be kept aboard the vessel while fishing, or in possession of bottomfish taken east of the mouth of the Sekiu River. The vessel operator must submit the completed logbook for inspection immediately upon request by authorized department of fisheries representatives. For each fishing trip, and prior to landing, vessel operators shall record the vessel name and state registration number, the dates and times of departure from and return to port, and the buyer(s) of the fish landed. In addition, for each trawl tow conducted during the trip, the vessel operator shall record the month and day, duration of the tow, specific area fished, latitude and longitude to the nearest tenth minute of the gear set and haul back position, depth fished, net type, target species and estimated weight of each species of fish retained. The department copies of the completed logbook sheet(s) must be submitted to the department for each calendar month in which fishing activity occurs. Department copies must be received within ten days following any calendar month in which fishing activity occurred and by the tenth day following the termination of commercial fishing activity, whichever occurs first.

[Statutory Authority: RCW 75.08.080. 85-08-023 (Order 85-24), 220-48-013, filed 4/1/85.]

AMENDATORY SECTION (Amending Order 97-52, filed 3/17/97, effective 4/17/97)

WAC 220-48-015 Beam trawl and bottom trawl--Seasons. (1) It is lawful to fish for and possess bottomfish taken with bottom trawl and beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 22A, 22B, 23A, 23B, 23C, 25A, 25B, and 29 the entire year with the following exceptions:

(a) Those waters of Area 20A east of a line projected from Point Whitehorn to Sandy Point are closed the entire year.

(b) Those waters of Area 20A within an area bounded by lines from Lilly Point to Birch Point and from the southwest corner of Point Roberts to Point Whitehorn to where these two lines are intersected by a line south from Kwomais Point in British Columbia and a line from Lilly Point to the north Alden Bank buoy are closed April 15 through May 31.

(c) Those waters of Area 20A within an area bounded by lines from Lilly Point to Birch Point and Lilly Point to the north Alden Bank buoy to where those lines are intersected by a line projected approximately 230 degrees south from Birch Point to Alden Point on Patos Island are closed June 1 through June 30.

(d) Areas 20A, 20B, 21A, 22A and 22B are closed to all trawl fishing in waters less than 30 feet deep.

(e) Areas 20A, 20B, 21A, 22A and 22B are closed in waters deeper than 40 fathoms from ((September)) July 1 through December 31.

(f) Areas 23C and 29 are closed to otter trawl fishing the entire year in waters shallower than 50 fathoms and are closed to beam trawl fishing in waters less than 60 feet deep.

(g) Areas 23C ((is)) and 29 are closed to otter trawl Wednesday, Saturday and Sunday, January 1 through August 31, and closed to all otter trawl September 1 through December 31.

(2) It is lawful to fish for and possess bottomfish taken with beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 25A and 25B the entire year with the following exceptions:

(a) All of Area 25A is closed February 1 through April 15 of each year.

(b) Those waters of Area 25A lying southerly and westerly of a line projected from Kiapot Point to Gibson Spit (Sequim Bay) are closed the entire year.

(c) Areas 23A, 25A and 25B are closed to beam trawl fishing in waters less than 60 feet deep.

(3) It is unlawful to fish for or possess bottomfish taken with otter trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 25A and 25B the entire year.

(4) It is unlawful to take, fish for or possess bottomfish taken with bottom trawl or beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Areas 21B, 23D, 24A, 24B, 24C, 24D, 25C, 25D, 25E, 26A, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, and 28D the entire year.

(5) It is unlawful to take more than 500 pounds of rockfish with beam trawl and bottom trawl gear during any vessel trip in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

[Statutory Authority: RCW 75.08.080. 97-07-053 (Order 97-52), 220-48-015, filed 3/17/97, effective 4/17/97; 94-19-001 (Order 94-96), 220-48-015, filed 9/7/94, effective 10/8/94; 94-12-009 (Order 94-23), 220-48-015,4; 91-13-051 (Order 91-39), 220-48-015, filed 6/14/91, effective 7/15/91; 89-14-010 (Order 89-48), 220-48-015, filed 6/22/89; 87-04-003 (Order 87-03), 220-48-015, filed 1/22/87; 85-08-023 (Order 85-24), 220-48-015, filed 4/1/85; 84-08-014 (Order 84-24), 220-48-015, filed 3/27/84; 83-24-024 (Order 83-200), 220-48-015, filed 11/30/83, effective 1/1/84; 83-04-025 (Order 83-04), 220-48-015, filed 1/27/83; 82-24-080 (Order 82-215), 220-48-015, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-015, filed 7/1/82.]

AMENDATORY SECTION (Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-48-019 Roller trawl--Seasons. (1) It is lawful to use roller trawls in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Area 29 the entire year.

(2) It is unlawful to take more than 500 pounds of rockfish with roller trawl gear during any vessel trip in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-48-019, filed 5/19/94, effective 6/19/94; 82-14-056 (Order 82-72), 220-48-019, filed 7/1/82.]

AMENDATORY SECTION (Amending Order 87-03, filed 1/22/87)

WAC 220-48-032 Set line--Seasons. It is lawful to take, fish for, and possess dogfish and other bottomfish with set lines in all Marine Fish-Shellfish Management and Catch Reporting Areas the entire year except as follows:

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

(2) 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.

(3) 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.

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

(5) 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 75.08.080. 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 92-28, filed 5/12/92, effective 6/12/92)

WAC 220-48-042 Commercial jig--Seasons. It shall be unlawful to fish for or possess bottomfish taken for commercial purposes with commercial jig gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas ((except: Area 29 - Open all year)).

[Statutory Authority: RCW 75.08.080. 92-11-011 (Order 92-28), 220-48-042, filed 5/12/92, effective 6/12/92; 83-24-024 (Order 83-200), 220-48-042, filed 11/30/83, effective 1/1/84; 82-24-080 (Order 82-215), 220-48-042, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-042, filed 7/1/82.]

AMENDATORY SECTION (Amending Order 92-28, filed 5/12/92, effective 6/12/92)

WAC 220-48-052 Bottomfish troll--Seasons. (1) It is unlawful to fish for or possess bottomfish taken for commercial purposes with bottomfish troll gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas ((except: Area 29 - Open all year)).

(2) It is unlawful to fish for or possess salmon while fishing for bottomfish with troll line gear under authority of a bottomfish troll license.

(3) In any waters of Puget Sound it is lawful to retain for commercial purposes bottomfish taken with commercial salmon gear incidental to a lawful salmon fishery, except lingcod during closures provided in WAC 220-48-005.

[Statutory Authority: RCW 75.08.080. 92-11-011 (Order 92-28), 220-48-052, filed 5/12/92, effective 6/12/92; 83-24-024 (Order 83-200), 220-48-052, filed 11/30/83, effective 1/1/84; 82-24-080 (Order 82-215), 220-48-052, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-052, filed 7/1/82.]

AMENDATORY SECTION (Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-48-071 Bottomfish pots--Gear and seasons. (1) It shall be unlawful to take, fish for, and possess bottomfish for commercial purposes with bottomfish pot gear as described in WAC 220-16-145, except in the following Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas during the seasons designated below:

(a) Areas 20A, 21A, 21B, 23A, and 23B - Open April 15 through November 30.

(b) Areas 23C and 23D - Open December 1 through April 14.

(c) ((Area 29 - Open all year.

(d))) All other areas are closed the entire year, except by permit from the director.

(2) Licensing: A bottomfish pot fishery license is the license required to operate the gear provided for in this section.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-48-071, filed 5/19/94, effective 6/19/94; 84-08-014 (Order 84-24), 220-48-071, filed 3/27/84; 82-24-080 (Order 82-215), 220-48-071, filed 12/1/82, effective 1/1/83; 82-14-056 (Order 82-72), 220-48-071, filed 7/1/82.]

AMENDATORY SECTION (Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-49-005 Puget Sound ((baitfish)) forage fish--Definitions--General provisions. (1) It is unlawful to fish for or possess Puget Sound ((baitfish)) forage fish taken for commercial purposes except at the times, during the seasons and using the gear provided for in this chapter. (("Baitfish" as used in this chapter means herring, candlefish (or sandlance), anchovy, pilchard (or Pacific sardine) and smelt.))

(2) It is unlawful to fish for or possess candlefish taken for commercial purposes.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-49-005, filed 5/19/94, effective 6/19/94.]

AMENDATORY SECTION (Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-49-011 Herring, ((candlefish,)) anchovy((, pilchard)) and smelt fishing--Lawful gear--Drag seine. (1) Lawful drag seine gear in the Puget Sound herring((, candlefish)), anchovy((, pilchard)) and smelt fisheries shall not exceed 350 feet in length or contain meshes less than 1/2 inch stretch measure.

(2) Licensing:

(a) A food fish drag seine fishery license is a license required to operate the gear provided for in this section and allows the operator to retain ((baitfish other than herring)) smelt and anchovy.

(b) A herring drag seine fishery license is a license required to operate the gear provided for in this section and allows the operator to retain herring.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-49-011, filed 5/19/94, effective 6/19/94; Order 1105, 220-49-011, filed 12/28/73.]

AMENDATORY SECTION (Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-49-012 Herring((, candlefish)), anchovy((, pilchard)) and smelt fishing--Purse seine. (1) Lawful purse seine gear in the Puget Sound herring((, candlefish,)) and anchovy((, and pilchard)) fisheries shall not exceed 600 feet in length or contain meshes less than 1/2-inch stretch measure unless otherwise authorized by permit from the director.

(2) Lawful purse seine gear in the Puget Sound smelt fishery shall not exceed 350 feet in length nor contain meshes less than 1/2 inch stretch measure.

(3) Licensing:

(a) A baitfish purse seine fishery license is a license required to operate the gear provided for in this section and allows the operator to retain ((baitfish other than herring)) smelt and anchovy.

(b) A herring purse seine fishery license is a license required to operate the gear provided for in this section and allows the operator to retain herring.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-49-012, filed 5/19/94, effective 6/19/94; Order 76-148, 220-49-012, filed 12/2/76; Order 1105, 220-49-012, filed 12/28/73.]

AMENDATORY SECTION (Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-49-013 Herring((, candlefish)), anchovy((, pilchard)) and smelt fishing--Dip bag net. (1) Lawful dip bag net gear in the Puget Sound herring((, candlefish,)) and anchovy((, and pilchard)) fisheries shall not exceed 18 square feet. Lawful dip bag net gear in the Puget Sound smelt fishery shall not exceed 36 inches across the frame.

(2) Licensing:

(a) A smelt dip bag net fishery license is a license required to operate the gear provided for in this section and allows the operator to retain smelt and ((other baitfish other than herring)) anchovy.

(b) A herring dip bag net fishery license is a license required to operate the gear provided for in this section and allows the operator to retain herring.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-49-013, filed 5/19/94, effective 6/19/94; Order 1105, 220-49-013, filed 12/28/73.]

AMENDATORY SECTION (Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-49-014 Herring((, candlefish)), anchovy((, pilchard)) and smelt fishing--Lampara. (1) Lawful lampara gear in the Puget Sound herring((, candlefish,)) and anchovy((, and pilchard)) fisheries shall not exceed 200 feet in length or contain meshes less than 1/2-inch stretch measure. Lampara gear is not lawful gear for taking smelt in Puget Sound.

(2) Licensing:

(a) A baitfish lampara fishery license is a license required to operate the gear provided for in this section and allows the operator to retain ((baitfish other than smelt or herring)) anchovy.

(b) A herring lampara fishery license is a license required to operate the gear provided for in this section and allows the operator to retain herring.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-49-014, filed 5/19/94, effective 6/19/94; Order 77-14, 220-49-014, filed 4/15/77; Order 1105, 220-49-014, filed 12/28/73.]

AMENDATORY SECTION (Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-49-017 Herring((, candlefish)), anchovy((, pilchard)) and smelt fishing--Otter trawl and gill net. (1) It is unlawful to fish for herring((, candlefish)), anchovy((, pilchard)) or smelt using otter trawl gear or gill net gear except as authorized by permit issued by the director.

(2) Licensing: The permit issued by the director will specify the fishery license required to operate the permit.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-49-017, filed 5/19/94, effective 6/19/94; 89-14-010 (Order 89-48), 220-49-017, filed 6/22/89; Order 1105, 220-49-017, filed 12/28/73.]

AMENDATORY SECTION (Amending Order 95-166, filed 11/8/95, effective 12/9/95)

WAC 220-49-020 Herring((, candlefish,)) and anchovy ((and pilchard))--Seasons--Lawful gear--Purposes. It shall be unlawful to take, fish for or possess for commercial purposes herring((, candlefish,)) or anchovy ((or pilchards)) 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((s)) 20A((, 20B, 21A, and 21B)).

(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) ((Open)) Closed June 1 through August 31 ((with drag seine, purse seine, lampara, and)) to all commercial fishing gear except dip bag net ((for bait and human consumption only)).

(2) It is unlawful to use purse seine gear in any Puget Sound area except ((22A, 22B,)) 23A, 23B, 23C, 23D, and 29. ((Areas 22A and 22B are open the entire year to purse seine gear, except for closures set out in subsections (4) and (5) of this section.)) Areas 23A, 23B, 23C, 23D and 29 are open to purse seine gear the entire year.

(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 except dip bag net gear:

(a) ((Waldron Island - Waters of Cowlitz Bay inside of a line from Sandy Point to Point Disney, and the small bay on the east side of the island.)) Areas 20B, 22A and 22B.

(b) ((Stuart Island - Waters of Reid Harbor.

(c))) Swinomish Channel - 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.

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

(a) ((Central San Juan Islands - Waters of Area 22A south of a line from Limestone Point on San Juan Island to Steep Point on Orcas Island, north of a line from Pear Point on San Juan Island to Rock Point on Lopez Island, west of a line projected true south from Deer Point on Orcas Island to landfall on Blakely Island, west of a line projected true north from Fauntleroy Point on Decatur Island to landfall on Blakely Island, and west of a line projected true south from the Lopez Pass navigation light on south Decatur Island to landfall on Lopez Island. Notwithstanding the provisions of this subsection, the following waters are open to purse seine and lampara the entire year: Those waters inside of a line from the northern end of Humphrey Head northwesterly to the northern end of Upright Head, from Twin Rocks west to Buck Bay, from Buck Bay south to Bald Bluff, and from Bald Bluff to the northern end of Humphrey Head.

(b) Roche Harbor and Wescott Bay - Waters of Area 22A south of a line projected true east from McCracken Point to landfall on San Juan Island and east of a line projected from the Kellett Bluff navigation light on Henry Island to Bellevue Point on San Juan Island.

(c) ))Areas 22B, 24A, 24B, and 24D.

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

(((e))) (c) Area 25D.

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

(((g))) (e) Area 26C.

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

(((i))) (g) Waters of Area 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.

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

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

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

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

(((n))) (l) 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.

(6) The following areas are closed the entire year to all gear: Areas 25A and 25E.

[Statutory Authority: RCW 75.08.080. 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 er 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 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-49-021 Smelt and herring for zoo food. (1) It is unlawful to take, fish for or possess smelt or herring for any purpose except human consumption or fishing bait, except that the director may authorize by permit the taking of smelt or herring in specified areas, quantities and times for emergency use as zoo food for animals. Application for a zoo food permit requires written certification from the zoo director that no other source of smelt or herring is available and the shortage of suitable zoo food will damage the health or well-being of zoo animals.

(2) Licensing: The permit issued by the director will specify the fishery license required to operate the permit.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-49-021, filed 5/19/94, effective 6/19/94; Order 76-148, 220-49-021, filed 12/2/76; Order 1193, 220-49-021, filed 3/4/75; Order 1105, 220-49-021, filed 12/28/73.]

AMENDATORY SECTION (Amending Order 94-23, filed 5/19/94, effective 6/19/94)

WAC 220-49-024 Herring((, candlefish)), anchovy and pilchard fishing--Live boxes--Identification. All herring((, candlefish)), anchovy and pilchard live boxes or other devices for holding live bait shall have attached thereto the fishery license number of the owner in plainly legible letters not less than 3 inches in height, clearly visible above the waterline. In the case of licensed dealers the dealer's license number shall be displayed as described above. It shall be unlawful to fail to identify live boxes as prescribed in this section.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), 220-49-024, filed 5/19/94, effective 6/19/94; Order 1105, 220-49-024, filed 12/28/73.]

AMENDATORY SECTION (Amending Order 94-23, filed 5/19/94, effective 6/19/94)

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 - ((Closed the entire year)) 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.

(6) Areas 28A and 28D - September 1 to April ((14)) 15.

(7) All other areas open the entire year.

[Statutory Authority: RCW 75.08.080. 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/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.]

AMENDATORY SECTION (Amending Order 97-55, filed 3/31/97, effective 5/1/97 WAC 220-52-040 Crab fishery--Lawful and unlawful. (1) It is unlawful for any vessel geared or equipped with commercial net fishing gear to have aboard any quantity of crab while fishing with said gear or having commercially caught food fish or other species of shellfish aboard.

(2) Unless otherwise provided, it is unlawful to set, maintain, or operate any baited or unbaited shellfish pots or ring nets for taking crabs, for commercial purposes, in any area at any time when it is unlawful to take or fish for crabs for commercial purposes therein.

(3) It is unlawful to have in the water any baited or unbaited shellfish pots or ring nets for taking crabs for commercial purposes, in any area at any time when it is unlawful to take or fish for crabs for commercial purposes therein: Provided, That following the close of a commercial crab season, permission may be granted by the director on a case-by-case basis for fishermen to recover shellfish pots that have become irretrievable due to extreme weather conditions. Fishermen must apply to ((fisheries patrol)) department enforcement for such permission within twenty-four hours prior to the close of season.

(4) It is unlawful for any person to take, or possess for commercial purposes female Dungeness crabs, or male Dungeness crabs measuring less than 6-1/4 inches, caliper measurement, across the back immediately in front of the tips.

(5) It is unlawful for any person to take or fish for crabs for commercial purposes in the Puget Sound licensing district with more than 100 shellfish pots or ring nets in the aggregate for each license owned, and it shall be unlawful for any ((group of persons using the same vessel)) person to take or fish for crabs for commercial purposes in Puget Sound with more than ((100)) 200 shellfish pots or ring nets in the aggregate from one vessel, provided it shall be unlawful for any person, or group of persons using the same vessel, to take or fish for crabs for commercial purposes with more than 20 shellfish pots or ring nets in the aggregate within the waters of Dungeness Bay lying west of a line projected from the new Dungeness Light southward to the outermost end of the abandoned dock at the Three Crabs Restaurant on the southern shore of Dungeness Bay.

(6) It is unlawful for any person to take or fish for Dungeness crabs for commercial purposes in the Puget Sound licensing district with more than 20 pots per groundline, and it shall be unlawful to use or operate a groundline unless such gear meets the following requirements:

(a) A buoy, staff, flag, and radar reflector must be attached at each end of the groundline;

(b) Flags attached at each end of the groundline must be orange in color;

(c) Buoys attached at each end of the groundline must be marked in a visible and legible manner with the department of fish and wildlife approved and registered buoy brand issued to the license;

(d) Buoys attached at each end of the groundline must be marked with the number of pots attached to the groundline; and

(e) Staffs with attached flags at each end of the groundline must be at least four feet above the water surface.

(7) The following Marine Fish-Shellfish Management and Catch Reporting Areas are restricted in the number of pots fished from a vessel.

(a) It is unlawful for any person to take or fish for Dungeness crabs for commercial purposes using more than 10 pots in Marine Fish-Shellfish Management and Catch Reporting Area 25E.

(b) It is unlawful for any person to take or fish for Dungeness crabs for commercial purposes using more than 10 pots in all waters of Marine Fish-Shellfish Management and Catch Reporting Area 25A south of a line projected true west from Travis Spit on Miller Peninsula.

(c) It is unlawful for any person to fish for Dungeness crabs for commercial purposes using more than 30 pots in Marine Fish-Shellfish Management and Catch Reporting Area 25A west of a line from the new Dungeness Light to the mouth of Cooper Creek.

(8) In coastal waters, Grays Harbor, Willapa Bay and the Columbia River no crab pot gear may be attached or connected to other crab pot gear by a common groundline or any other means.

(((8))) (9) It is unlawful for any fisher or wholesale dealer or buyer to land or purchase Dungeness crab taken from Grays Harbor, Willapa Bay, Columbia River, Washington coastal or adjacent waters of the Pacific Ocean during the first thirty days following the opening of a coastal crab season from any vessel which has not been issued a Washington crab vessel inspection certificate. The certificate will be issued to vessels made available for inspection in a Washington coastal port and properly licensed for commercial crab fishing if no Dungeness crabs are aboard. Inspections will be performed by authorized department ((of fisheries)) personnel not earlier than twelve hours prior to the opening of the coastal crab season and during the following thirty-day period.

(10) It is unlawful for any person to take or fish for crab for commercial purposes in Grays Harbor (catch area 60B) with more than 200 shellfish pots in the aggregate, and it shall be unlawful for any group of persons using the same vessel to take or fish for crab for commercial purposes in Grays Harbor with more than 200 shellfish pots.

[Statutory Authority: RCW 75.08.080. 97-08-052 (Order 97-55), 220-52-040, filed 3/31/97, effective 5/1/97; 94-12-009 (Order 94-23), 220-52-040, filed 5/19/94, effective 6/19/94; 91-10-024 (Order 91-22), 220-52-040,1; 85-01-010 (Order 84-214), 220-52-040, filed 12/7/84; 84-08-014 (Order 84-24), 220-52-040, filed 3/27/84; 83-01-026 (Order 82-221), 220-52-040, filed 12/8/82; 80-13-064 (Order 80-123), 220-52-040, filed 9/17/80; 79-02-053 (Order 79-6), 220-52-040, filed 1/30/79; Order 77-145, 220-52-040, filed 12/13/77; Order 76-152, 220-52-040, filed 12/17/76; Order 76-26, 220-52-040, filed 1:45 p.m., 4/20/76; Order 1045, 220-52-040, filed 3/8/73; Order 807, 220-52-040, filed 1/2/69, effective 2/1/69; subsections 1, 5, 6, from Orders 409 and 256, filed 3/1/60; subsection 2 from Orders 500 and 256, filed 3/1/60; subsection 3 from Order 528, filed 6/1/61; Order 525, filed 5/3/61; Order 507, filed 4/8/60; Orders 409 and 256, filed 3/1/60; subsection 4 from Order 528, filed 6/1/61; Order 525, filed 5/3/61; Orders 409 and 256, filed 3/1/60; subsection 7 from Orders 414 and 256, filed 3/1/60; subsection 8 from Orders 410 and 256, filed 3/1/60; subsection 9 from Order 409, filed 9/14/56.]

AMENDATORY SECTION (Amending Order 97-55, filed 3/31/97, effective 5/1/97 WAC 220-52-046 Crab fishery--Seasons and areas. It is unlawful to fish for or possess Dungeness crabs taken for commercial purposes except during the lawful open seasons and areas as follows:

(1) All Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas are open beginning 8:00 a.m. October 1st through the following April 15th and, after October 1, one-half hour before sunrise to one-half hour after sunset, except Areas 25C, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, and 28D and the closures provided for in this section.

(2) The following areas are closed to non-Indian commercial crab fishing:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A between a line from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina and a line from the same boat ramp to Birch Point are closed ((October 1 through November 7 and)) March 1 through April 15.

(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A in Lummi Bay east of a line projected from the entrance buoy at Sandy Point to Gooseberry Point.

(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21A in Bellingham Bay west of a line projected from the exposed boulder at Point Francis to the pilings at Stevie's Point.

(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A east of lines projected north from the most westerly tip of Skagit Island and south to the most westerly tip of Hope Island, thence southeast to Seal Rocks, thence southeast to the green can buoy at the mouth of Swinomish Channel, thence easterly to the west side of Goat Island.

(e) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24B inside a line projected from Priest Point to the five-meter tower between Gedney Island and Priest Point, thence northwesterly on a line between the five-meter tower and Barnum Point to the intersection with a line projected true west from Kayak Point, thence east to shore.

(f) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24B north of a line projected true west from Kayak Point and south and west of a line from Kayak Point to Barnum Point.

(g) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of a line from the new Dungeness Light to the mouth of Cooper Creek are closed through November 15th of each year ((and when open there is a 30 pot per vessel limit in these waters)).

(h) ((Those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26B, 26C, and 26D.

(i))) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25D within a line projected from the Point Hudson Marina entrance to the northern tip of Indian Island, thence to Kala Point, and thence following the shoreline to the point of origin.

(3) The following areas are closed to commercial crab fishing during the periods indicated:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24C inshore of the 400 foot depth contour within an area bounded by parallel lines projected northeasterly from Sandy Point and the entrance to the marina at Langley are closed October 1 through October 31, and March 1 through April 15 of each year.

(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A in Useless Bay north and east of a line from Indian Point to a point on shore 1.5 miles northeast of Double Bluff are closed October 1 through October 31, and March 1 through April 15 of each year.

(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21B inside lines from Oyster Creek to the fisheries monument on Samish Island and from Oyster Creek to Point Williams are closed shoreward of the ten fathom contour October 1 through October 31, and March 1 through April 15 of each year.

(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cap Sante Marina to the northern end of the eastern most oil dock are closed October 1 through October 31, and March 1 through April 15 of each year.

(4) The following areas are closed to commercial crab fishing until further notice:

(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A within a line projected ((.4 nautical miles due northwest)) from Rocky Point((, thence)) northeast to the red number 2 buoy, thence to Brown Point.

(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24D south of a line from Dines Point to the point just north of Beverly Beach.

(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting ((Areas 24B and)) Area 26A ((inside lines)) south and east of a line projected from ((the five-meter tower between Gedney Island and Priest Point to the north tip of Jetty Island and from the five-meter tower to the Rucker Hill radio tower at Pigeon Creek No. 1)) the 3A buoy at the Snohomish River mouth to the outermost tip of the ferry dock at Mukilteo.

(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A within a line from the green number 1 buoy at Scatchet Head to the green number 1 buoy at Possession Point thence following the 200 foot contour to a point due east from the Glendale Dock.

(e) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21B in Samish Bay south of a line from Oyster Creek to the fisheries management monument on Samish Island.

(f) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Westcott and Garrison Bays east of a line projected due south from Point White to San Juan Island.

(g) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A in Birch Bay east of a line projected from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance to the Birch Bay Marina.

(h) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21A shoreward of the ten-fathom (MLLW) contour in Chuckanut Bay.

(i) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Blind Bay south of a line projected due west from Point Hudson to Shaw Island.

(j) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Deer Harbor north of a line projected from Steep Point to Pole Pass.

(k) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Fisherman Bay south of a line projected east-west through the red number 4 entrance buoy.

(l) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Mud Bay south of a line projected from Lopez Island through Crab and Fortress Islands to Lopez Island.

(m) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Padilla Bay within a line projected from the northern end of the eastern most oil dock to the red number 2 buoy, thence southeasterly to the red number 8 buoy, thence west to shore.

(n) All waters in the San Juan Islands Marine Preserve Area.

(5) Coastal, Pacific Ocean, Grays Harbor, Willapa ((Harbor)) Bay and Columbia River waters - open December 1 through September 15 except that it is lawful to set baited crab gear beginning at 8:00 a.m. November 28 unless the coastal crab fishery is delayed due to softshell crab conditions, in which case the following provisions apply:

(a) After consultation with the Oregon Department of Fish and Wildlife, the director ((will)) may, by emergency rule, establish ((the)) a softshell crab demarcation line.

(b) ((It is unlawful for a fisher to fish north of the softshell crab demarcation line for the first thirty days following the opening of a delayed season unless the fishery license holder or primary operator certifies that the vessel designated for use on that license did not participate in the coastal crab fishery south of the softshell crab demarcation line during the previous forty-five days. This certification is an instrument for purposes of RCW 40.16.030.)) For waters of the Pacific Ocean north of Point Arena, California, it is unlawful for a person to use a vessel to fish in any area for which the season opening has been delayed due to softshell crab for the first thirty days following the opening of such an area if the vessel was employed in the coastal crab fishery during the previous forty-five days.

(c) Fishers may not set crab gear ((north of the softshell crab demarcation line)) in any area where the season opening has been delayed more than sixty-four hours in advance of the season opening time.

(d) It is unlawful to fish for or possess Dungeness crabs or to set crab gear in waters of the Pacific Ocean adjacent to the states of Oregon or California except during the lawful open seasons, areas and times specified by the individual states.

(6) The following areas (Special Management Area; SMA's) are closed to non-Indian commercial crab fishing during the periods indicated:

(a) Those waters bounded by lines projected between the following coordinates:

Southern SMA Description:

NW corner: 4709.00'N 12423.80'W (LORAN 41885)

NE corner: 4709.00'N 12416.30'W

SW corner: 4658.00'N 12422.00'W (LORAN 41885)

SE corner: 4658.00'N 12415.30'W

Northern SMA Description:

NW corner: 4732.00'N 12434.00'W (LORAN 41865)

NE corner: 4732.00'N 12429.50'W (LORAN 41880)

SW corner: 4727.00'N 12433.00'W (LORAN 41865)

SE corner: 4727.00'N 12428.60'W (LORAN 41880)

The non-Indian fishery will be closed within these areas through January 4, 1998. The areas will open to the non-Indian fishery on January 5, 1998, and remain open through September 15, 1998. The non-Indian fishery will be closed within these areas December 1, 1998, through January 4, 1999. The areas will open to the non-Indian fishery on January 5, 1999, and remain open through September 15, 1999.

(b) Those waters between 4740.50'N (Destruction Island) north to 4802.25'N, east of a line (to the coastline) described by the following points:

Southern point: 4740.50'N 12437.50'W

Central point: 4800.00'N 12449.50'W

Northern point: 4802.25'N 12450.00'W

This area is closed to non-Indian fishing through January 7, 1998. It will reopen to non-Indian fishing on January 8, 1998, and close on February 5, 1998. This area will reopen on March 28, 1998, and remain open through September 15, 1998. This area is closed to non-Indian fishing from December 1, 1998, through January 7, 1999. It will reopen to non-Indian fishing on January 8, 1999, and close on February 5, 1999. This area will reopen on March 28, 1999, and remain open through September 15, 1999.

(c) Those waters east of a line approximating the 25 fathom curve, from 4802.15'N 12450'00"W to 4807'36"N 12451'24"W to 4820'00"N 12450'00"W to Cape Flattery. This area will close to non-Indian fishing December 29, 1997, (after 28 days of fishing) and remain closed through March 31, 1998. The area will reopen on April 1, 1998, and remain open through September 15, 1998.

[Statutory Authority: RCW 75.08.080. 97-08-052 (Order 97-55), 220-52-046, filed 3/31/97, effective 5/1/97; 94-12-009 (Order 94-23), 220-52-046, filed 5/19/94, effective 6/19/94; 93-15-051, 220-52-046, filed 7/14/93, effective 8/14/93; 91-10-024 (Order 91-22), 220-52-046, filed 4/23/91, effective 5/24/91; 87-05-038 (Order 87-08), 220-52-046, filed 2/18/87; 85-01-010 (Order 84-214), 220-52-046, filed 12/7/84; 84-08-014 (Order 84-24), 220-52-046, filed 3/27/84; 83-01-026 (Order 82-221), 220-52-046, filed 12/8/82; 80-13-064 (Order 80-123), 220-52-046, filed 9/17/80; Order 76-152, 220-52-046, filed 12/17/76; Order 1179, 220-52-046, filed 11/19/74; Order 1112, 220-52-046, filed 4/15/74; Order 1057, 220-52-046, filed 5/22/73; Order 920, 220-52-046, filed 5/13/71; Order 807, 220-52-046, filed 1/2/69, effective 2/1/69. Formerly WAC 220-52-040 (2), (3), (4) and (9).]

AMENDATORY SECTION (Amending Order 94-14, filed 3/17/94, effective 4/17/94)

WAC 220-88A-020 Designation of Puget Sound shrimp pot and Puget Sound shrimp trawl as emerging commercial fisheries. (1) The director designates the Puget Sound shrimp pot fishery as an emerging commercial fishery for which a vessel is required. ((Effective April 16, 1994,)) It is unlawful to fish for or retain shrimp taken for commercial purposes from Puget Sound using any type of shellfish pot gear unless the operator of the gear has an emerging commercial fishery license and a Puget Sound shrimp pot experimental fishery permit issued under the provisions of this chapter. ((Effective April 16, 1994,)) A shrimp pot fishery license or a shrimp pot--Hood Canal fishery license may not be used to fish for shrimp in Puget Sound.

(2) The director designates the Puget Sound shrimp trawl fishery as an emerging commercial fishery for which a vessel is required. ((Effective April 16, 1994,)) It is unlawful to fish for or retain shrimp taken for commercial purposes from Puget Sound using trawl gear unless the operator of the gear has an emerging commercial fishery license and a Puget Sound shrimp trawl experimental fishery permit issued under the provisions of this chapter. ((Effective April 16, 1994,)) A shrimp trawl--Puget Sound license may not be used to fish for shrimp in Puget Sound.

(3) A separate emerging commercial fishery license is required for each experimental fishery permit.

[Statutory Authority: RCW 75.28.740 and 75.30.220. 94-07-092 (Order 94-14), 220-88A-020, filed 3/17/94, effective 4/17/94.]

AMENDATORY SECTION (Amending Order 94-14, filed 3/17/94, effective 4/17/94)

WAC 220-88A-030 Emerging commercial fishery--Eligibility for Puget Sound shrimp pot experimental fishery permit. (1) ((A single 1994 Puget Sound shrimp pot experimental fishery permit will be issued to an individual who has demonstrated historical and continuous participation in the Puget Sound shrimp pot fishery by:

(a) Being the owner of a vessel or vessels that held a shellfish pot (excluding crab) license (RCW 75.28.130(2)) during either 1991 or 1992, held this license during 1993, and:

(b) Can document, by means of valid fish receiving tickets, that the vessel or vessels landed at least 7,000 pounds, adjusted weight, of shrimp taken with shellfish pot gear from Puget Sound during the eligibility period of April 16, 1991 through October 15, 1993. For purposes of computing adjusted weight, spot prawns are totaled at two times the weight shown on the fish tickets and other pandalid shrimp are totaled at the weight shown on the fish tickets. No shrimp landed with any other gear, shrimp taken from waters other than Puget Sound, or shrimp taken during any other period of time satisfy this eligibility requirement. For purposes of this subsection and in addition to any other requirement, a valid fish receiving ticket is a fish receiving ticket that has been received by the department on or before November 1, 1993.

(2) No emerging commercial fishery license holder may receive more than one Puget Sound shrimp pot experimental fishery permit. The pounds of shrimp landed from the vessel or vessels may be used to qualify only one experimental fishery permit.

(3))) Puget Sound shrimp pot experimental fishery permits are valid only for the year issued and expire with the emerging commercial fishery license on December 31st of each year.

(((4))) (2) Except as provided for in subsection (((5))) (3) of this section, after December 31, 1994, a Puget Sound shrimp pot experimental fishery permit will only be issued to an individual who held an emerging commercial fishery license and Puget Sound shrimp pot experimental fishery permit the previous year, and who can establish by means of valid fish receiving tickets that a minimum of ((2,000)) 1,000 adjusted pounds of shrimp taken with shellfish pot gear were landed from Puget Sound during the previous year. For purposes of this subsection and in addition to any other requirement, a valid fish receiving ticket is a fish receiving ticket that has been received by the department on or before November 1st of the year in which the shrimp were caught. For purposes of computing adjusted weight, spot prawns are totaled at two times the weight shown on the fish ticket and other pandalid shrimp are totaled at the weight shown on the fish ticket. No shrimp landed with any other gear, shrimp taken from waters other than Puget Sound, or shrimp taken during any other period of time satisfy this eligibility requirement. Application for a Puget Sound shrimp pot experimental fishery permit must be received at the department licensing office on or before ((April)) May 1st of each year after 1994, or the license holder will be deemed to have withdrawn from the fishery and the provisions of subsection (((5))) (3) of this section will apply.

(((5))) (3) If, after December 31, 1994, the director determines that the number of Puget Sound shrimp pot fishers has dropped below twenty license holders, the director may admit additional fishers until there are twenty license holders. Individuals who were eligible in 1994 but did not obtain a Puget Sound shrimp pot experimental fishery permit, or individuals who have withdrawn from the fishery, are excluded from application for a future Puget Sound shrimp pot experimental fishery permit. Owners of vessels from which Puget Sound shrimp were landed with shellfish pot gear during the eligibility period, but who did not qualify for a 1994 Puget Sound shrimp pot experimental fishery permit, are eligible for application for a future Puget Sound shrimp pot experimental fishery permit, beginning with the owner of the vessel or vessels from which the highest nonqualifying catch was made and progressing to the lowest nonqualifying catch. If the pool of fishers who landed shrimp during the qualifying period is exhausted, new fishers will be invited to apply and will be selected at random from the applicants.

[Statutory Authority: RCW 75.28.740 and 75.30.220. 94-07-092 (Order 94-14), 220-88A-030, filed 3/17/94, effective 4/17/94.]

AMENDATORY SECTION (Amending Order 94-14, filed 3/17/94, effective 4/17/94)

WAC 220-88A-040 Emerging commercial fishery--Eligibility for Puget Sound shrimp trawl experimental fishery permit. (1) ((A single 1994 Puget Sound shrimp trawl experimental permit will be issued to an individual who has demonstrated historical and continuous participation in the Puget Sound shrimp trawl fishery by:

(a) Being the owner of a vessel or vessels that held a trawl (Puget Sound) license (RCW 75.28.140(1)) during either 1991 or 1992, held this license during 1993, and:

(b) Can document, by means of valid fish receiving tickets, that the vessel or vessels landed at least 2,800 pounds of shrimp taken from Puget Sound with trawl gear during the eligibility period April 16, 1991 through October 15, 1993. No shrimp landed with any other gear, shrimp taken from waters other than Puget Sound, or shrimp taken during any other period of time satisfy this eligibility requirement. For purposes of this subsection and in addition to any other requirement, a valid fish receiving ticket is a fish receiving ticket that has been received by the department on or before November 1, 1993.

(2))) No emerging commercial fishery license holder may receive more than one Puget Sound shrimp trawl experimental fishery permit. The pounds of shrimp landed from the vessel or vessels may be used to qualify only one experimental fishery permit.

(((3))) (2) Puget Sound shrimp trawl experimental fishery permits are valid only for the year issued and expire with the emerging commercial fishery license on December 31st of each year.

(((4))) (3) Except as provided for in subsection (((5))) (4) of this section, after December 31, 1994, a Puget Sound shrimp trawl experimental fishery permit will only be issued to an individual who held an emerging commercial fishery license and Puget Sound shrimp trawl experimental fishery permit the previous year((, and who can establish by means of valid shellfish receiving tickets that a minimum of 2,000 pounds of shrimp taken with shellfish trawl gear were landed from Puget Sound during the previous year. For purposes of this subsection and in addition to any other requirement, a valid fish receiving ticket is a fish receiving ticket that has been received by the department on or before November 1st of the year in which the shrimp were caught)). Application for a Puget Sound shrimp trawl experimental fishery permit must be received at the department licensing office on or before ((April)) May 1st of each year after 1994, or the license holder will be deemed to have withdrawn from the fishery and the provisions of subsection (((5))) (4) of this section will apply.

(((5))) (4) If, after December 31, 1994, the director determines that the number of Puget Sound shrimp trawl fishers has dropped below ten license holders, the director may admit additional fishers until there are ten license holders. Individuals who were eligible in 1994 but did not obtain a Puget Sound shrimp trawl experimental fishery permit, or individuals who have withdrawn from the fishery, are excluded from application for a future Puget Sound shrimp trawl experimental fishery permit. Owners of vessels from which Puget Sound shrimp were landed with trawl gear during the eligibility period, but who did not qualify for a 1994 Puget Sound shrimp trawl experimental fishery permit, are eligible for application for a future Puget Sound shrimp pot experimental fishery permit, beginning with the owner of the vessel or vessels from which the highest nonqualifying catch was made and progressing to the lowest nonqualifying catch. If the pool of fishers who landed shrimp during the qualifying period is exhausted, new fishers will be invited to apply and will be selected at random from the applicants.

[Statutory Authority: RCW 75.28.740 and 75.30.220. 94-07-092 (Order 94-14), 220-88A-040, filed 3/17/94, effective 4/17/94.]

AMENDATORY SECTION (Amending Order 94-14, filed 3/17/94, effective 4/17/94)

WAC 220-88A-060 Emerging commercial fishery--Puget Sound shrimp--Shrimp districts. The following areas are defined as Puget Sound shrimp fishing districts:

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

(((b))) (2) Shrimp District 2 - (Griffin Bay) Waters south of a line projected true east west through Turn Rock Light from San Juan Island to Lopez Island and north of a line projected true east from Cattle Point on San Juan Island to Lopez Island.

(((c))) (3) Shrimp District 3 - (Port Angeles) Waters inside Ediz Hook west of a line from the tip of Ediz Hook to the ITT Rayonier Dock.

(((d))) (4) Shrimp District 4 - (Sequim Bay) Waters of Sequim Bay south of a line projected true west from Travis Spit on the Miller Peninsula.

(((e))) (5) Shrimp District 5 - (Hood Canal) Waters of Hood Canal south of the Hood Canal Floating Bridge.

(((f))) (6) Shrimp District 6 - (Carr Inlet) Waters of Carr Inlet north of a line projected from Penrose Point to Green Point.

[Statutory Authority: RCW 75.28.740 and 75.30.220. 94-07-092 (Order 94-14), 220-88A-060, filed 3/17/94, effective 4/17/94.]

AMENDATORY SECTION (Amending Order 97-55, filed 3/31/97, effective 5/1/97 WAC 220-88A-070 Emerging commercial fishery--Puget Sound shrimp pot experimental fishery--Seasons and gear--Spot prawn restriction. It is unlawful to fish for shrimp for commercial purposes in Puget Sound using shellfish pot gear except as provided for in this section:

(1) Seasons - All waters of Puget Sound are open to shellfish pot gear April 16 through October 15 except:

(a) Open in Shrimp District 2 from May 16 through September 15 only.

(b) Closed in Shrimp Districts 1, 3, 4, 5 and 6 unless opened by emergency regulation.

(c) Open in the waters of Lopez Sound south of a line projected east and west from the northern tip of Trump Island from July 10 through October 15 only.

(d) Closed in Marine Fish-Shellfish Management and Catch Reporting Area 24C inshore of the 42 fathom depth contour from Onamac Point, Camano Island, to Sunset Beach, Camano Island.

(e) Closed in Marine Fish-Shellfish Management and Catch Reporting Area 26A within two nautical miles of the number 1 bell buoy at Possession Point.

(2) Gear restrictions -

(a) In all areas, maximum 100 pots per fisher, except((:

(i) Maximum 75 pots per fisher in Marine Fish-Shellfish Management and Catch Reporting Area 28B.

(ii))) maximum 50 pots per fisher in Shrimp District 2.

(b) In all ((shrimp districts)) areas:

(i) Buoys must be orange in color and consist of durable material that will remain floating on the surface with five pounds attached; bleach or antifreeze bottles or other containers may not be used as floats.

(ii) The line attaching the pot to the buoy must be weighted sufficiently to prevent the line from floating on the surface.

(((c) In Shrimp District 2:

(i) The entire top, bottom and sides of the pot, except entrance tunnels, must be constructed of mesh material having a minimum mesh of such size that a 7/8 inch square peg can pass through without changing the shape of the opening.

(ii) All entrance tunnels must open into the pot from the sides.

(iii) The sum of the maximum widths of all entrance tunnels must not exceed one-half of the perimeter of the bottom of the pot.)) (iii) The maximum perimeter of shrimp pots must not exceed ten feet and the maximum height must not exceed two feet.

(3) Spot shrimp size restriction: It is unlawful to ((possess)) retain spot shrimp taken by shellfish pot gear that ((average more than 20 shrimp per pound as sampled by a minimum of two samples of at least one pound each of whole unbroken shrimp taken at random from throughout the individual load landed or in possession)) have a carapace length less than 1 and 3/16 inches. Carapace length is defined as the length between the posterior mid-dorsal margin to the posterior-most part of the eye-stalk orbit.

[Statutory Authority: RCW 75.08.080. 97-08-052 (Order 97-55), 220-88A-070, filed 3/31/97, effective 5/1/97. Statutory Authority: RCW 75.28.740 and 75.30.220. 94-07-092 (Order 94-14), 220-88A-070, filed 3/17/94, effective 4/17/94.]

AMENDATORY SECTION (Amending Order 97-55, filed 3/31/97, effective 5/1/97 WAC 220-88A-080 Emerging commercial fishery--Puget Sound shrimp beam trawl experimental fishery--Seasons and gear. It is unlawful to fish for shrimp for commercial purposes in Puget Sound using trawl gear except as provided for in this section:

(1) Seasons - Open April 16 through October 15 in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 22A, 23A, 23B, 23C, 25A, 25B and 29 except:

(a) Open July 10 through October 15 in the waters of Lopez Sound (22A) south of a line projected east and west from the northern tip of Trump Island.

(b) Closed in Marine Fish-Shellfish Management and Catch Reporting Area 20A in waters less than ((60)) 20 fathoms deep, and no trawling is allowed from April 16 through July 15.

(c) Trawling is prohibited in waters less than 100 feet deep.

(d) Trawling is prohibited in Shrimp Districts 1, 2, 3, 4, 5, and 6.

(e) Open only in those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21A north and west of a line from the southern tip of Sinclair Island to Carter Point on Lummi Island.

(2) Gear restrictions - Beam trawl gear only. Otter trawl gear may not be used.

(a) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, and 22A is 25 feet.

(b) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 23C, 25A, 25B, and 29 is 60 feet.

(3) It is unlawful to retain spot shrimp.

[Statutory Authority: RCW 75.08.080. 97-08-052 (Order 97-55), 220-88A-080, filed 3/31/97, effective 5/1/97; 94-19-001 (Order 94-96), 220-88A-080, filed 9/7/94, effective 10/8/94. Statutory Authority: RCW 75.28.740 and 75.30.220. 94-07-092 (Order 94-14), 220-88A-080, filed 3/17/94, effective 4/17/94.]

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