WSR 00-01-095

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 99-213 -- Filed December 15, 1999, 4:57 p.m. ]

Date of Adoption: December 10, 1999.

Purpose: Adopt driving on razor clam beds rules.

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

Statutory Authority for Adoption: RCW 75.08.080.

Adopted under notice filed as WSR 99-22-054 on November 1, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

December 14, 1999

Debbie Nelson

for Kelly White, Chairman

Fish and Wildlife Commission

OTS-3540.2


AMENDATORY SECTION(Amending Order 98-120, filed 7/7/98, effective 8/7/98)

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 any soft-shelled crab for any 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 use any chemicals when taking or fishing for octopus except for persons granted a scientific collector's permit from the department for the harvest of octopus for display or scientific purposes.

(5) 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.

(6) It is unlawful to fish for or possess shellfish taken for commercial purposes from the San Juan Islands Marine Preserve, except it is lawful to fish for crab in Parks Bay.

(7) It is unlawful to fish for, harvest, or possess shellfish taken from the Titlow Beach Marine Preserve((,)) or the Sund Rock Marine Preserve((, or the Edmonds Underwater Park)).

[Statutory Authority: RCW 75.08.080.      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.]

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