Date of Adoption: August 11, 2000.

Purpose: Amend commercial and recreational fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-16-590, 220-16-740, 220-16-750, 220-20-015, 220-20-020, 220-20-025, and 232-12-011.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 00-14-022 on June 28, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 7, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

August 15, 2000

Russell W. Cahill

for Kelly White, Chairman

Fish and Wildlife Commission

OTS-4175.1

AMENDATORY SECTION(Amending Order 00-29, filed 3/29/00, effective 5/1/00)

WAC 220-16-590
Orchard Rocks Conservation Area.

"Orchard Rocks Conservation Area" is defined as those waters and bedlands of Rich Passage within a 400-yard radius of Orchard Rocks day marker.      ((All waters and bedlands within 400 yards of the day marker at Orchard Rocks not within the Orchard Rocks Conservation Area are included in the Orchard Rocks Marine Reserve.))

[Statutory Authority: RCW 75.08.080, 77.12.040.      00-08-038 (Order 00-29), § 220-16-590, filed 3/29/00, effective 5/1/00; 98-06-031, § 220-16-590, filed 2/26/98, effective 5/1/98.]

"Waketickeh Creek ((Marine Reserve)) Conservation Area" is defined as those waters and bedlands from Waketickeh Creek (located 1000 yards northeast of Cummings Point) out perpendicular to shore 500 yards, then parallel to shore northeast 1700 yards, then back to shore along a line perpendicular to shore, excluding the area within 100 feet of ordinary high water.

[Statutory Authority: RCW 75.08.080, 77.12.040.      00-08-038 (Order 00-29), § 220-16-740, filed 3/29/00, effective 5/1/00.]

"Saltar's Point Beach ((Marine Reserve)) Conservation Area" is defined as those tidelands owned by the Town of Steilacoom at Saltar's Point Beach located between Montgomery Street and Martin Street, and the water column above those tidelands.

[Statutory Authority: RCW 75.08.080, 77.12.040.      00-08-038 (Order 00-29), § 220-16-750, filed 3/29/00, effective 5/1/00.]

OTS-4174.1

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

WAC 220-20-015
Lawful and unlawful acts -- Salmon.

(1) It is unlawful to operate in any river, stream or channel any gill net gear longer than three-fourths the width of the stream; this provision shall supersede all other regulations in conflict with it.

     (2) It is unlawful to operate any net for removing snags from state waters without permit from the department of fisheries.

     (3) It is unlawful to take, fish for or possess for commercial purposes chinook salmon less than 28 inches in length or coho salmon less than 16 inches in length except as follows:

     (a) In the Puget Sound, Grays Harbor, Willapa Bay and Columbia River commercial salmon net fisheries there is no minimum size limit on salmon taken with gill net gear.

     (b) In the Pacific Ocean commercial salmon troll fishery frozen chinook salmon, dressed heads off shall be 21 1/2 inches minimum and frozen coho salmon dressed heads off shall be 12 inches minimum, measured from the midpoint of the clavicle arch to the fork of the tail.

     (c) This subsection does not apply to salmon raised in aquaculture.

     (4) It is unlawful to set, maintain, or operate any reef net gear at any location which places the stern ends of either or both reef net boats of said gear less than a distance of 800 feet in front of or behind the head buoys of any row or reef net gear, within the boundaries of the Lummi Island Reef Net Fisheries Area, as described in RCW 75.12.140.

     (5) It is lawful to possess salmon for any purpose which were lawfully obtained from state and federal government fish hatcheries and facilities.      Subsections (3) and (12) of WAC 220-20-010 and subsection (3) of WAC 220-20-015 do not apply to salmon possessed under this subsection.

     (6) It is unlawful to take or fish for food fish from a commercial salmon trolling vessel with gear other than lawful troll line gear while said vessel is engaged in commercial fishing or has commercially caught fish aboard.

     (7) It shall be unlawful to angle for salmon for personal use from any vessel that is engaged in commercial salmon trolling or has commercially caught salmon aboard.

     (8) It is unlawful to fish for or possess salmon taken for commercial purposes from the Sund Rock Marine Preserve ((or)), the Titlow Beach Marine Preserve or the Colvos Passage Marine Preserve.

     (9) It is unlawful to take salmon for personal use from the Colvos Passage Marine Preserve except by trolling, defined as fishing from a vessel under power and in gear making forward progress.

[Statutory Authority: RCW 75.08.080.      98-15-031 (Order 98-120), § 220-20-015, filed 7/7/98, effective 8/7/98; 84-13-078 (Order 84-53), § 220-20-015, filed 6/21/84; 79-10-013 (Order 79-75), § 220-20-015, filed 9/7/79; 78-05-067 (Order 78-20), § 220-20-015, filed 4/27/78; Order 77-66, § 220-20-015, filed 8/5/77; Order 77-14, § 220-20-015, filed 4/15/77; Order 76-24A, § 220-20-015, filed 4/20/76; Order 1251, § 220-20-015, filed 8/18/75; Order 1210, § 220-20-015, filed 5/26/75; Order 1143, § 220-20-015, filed 8/8/74; Order 1116, § 220-20-015, filed 4/30/74; Order 1049, § 220-20-015, filed 4/11/73; Order 984, § 220-20-015, filed 2/17/72; Order 925, § 220-20-015, filed 6/3/71; Order 920, § 220-20-015, filed 5/13/71; Order 810, § 220-20-015, filed 4/17/69.]

(1) It is unlawful to fish for or possess for commercial purposes any round, undressed white sturgeon less than 48 inches or greater than 60 inches in length or any round, undressed green sturgeon less than 48 inches or greater than 66 inches in length.

     (2) It is unlawful to fish for or possess for commercial purposes or possess aboard a commercial fishing vessel for any purpose any species of halibut (Hippoglossus) unless permitted by the current regulations of the International Pacific Halibut Commission.

     (3) It is unlawful to fish for or possess for commercial purposes sturgeon taken from any of the waters of Puget Sound or tributaries, and any sturgeon taken with any type of commercial gear incidental to a lawful fishery shall immediately be returned to the water unharmed.

     (4) It is unlawful to fish for food fish for commercial purposes in the waters of Shilshole Bay inland and inside a line projected in a southwesterly direction from Meadow Point to West Point.

     (5) It is unlawful to fish for or possess for commercial purposes any starry flounder less than 14 inches in length taken by any commercial gear, in all Puget Sound Marine Fish-Shellfish Areas.

     (6) It shall be unlawful to harvest herring eggs naturally deposited on marine vegetation or other substrate, unless a person has a permit issued by the director.

     (7) It is unlawful to fish for or possess food fish other than salmon taken for commercial purposes from the San Juan Islands Marine Preserve, except that it is lawful to take herring.

     (8) It is unlawful to fish for or possess food fish other than salmon taken from the Titlow Beach Marine Preserve, ((or)) the Sund Rock Marine Preserve or the Colvos Passage Marine Preserve.

[Statutory Authority: RCW 75.08.080.      00-01-103 (Order 99-215), § 220-20-020, filed 12/16/99, effective 1/16/00; 98-15-031 (Order 98-120), § 220-20-020, filed 7/7/98, effective 8/7/98; 97-07-043 (Order 97-51), § 220-20-020, filed 3/14/97, effective 4/14/97; 95-23-020 (Order 95-166), § 220-20-020, filed 11/8/95, effective 12/9/95; 93-14-042 (Order 93-54), § 220-20-020, filed 6/29/93, effective 7/30/93.      Statutory Authority: RCW 75.08.080 and 75.28.245.      90-07-003 (Order 90-17), § 220-20-020, filed 3/8/90, effective 4/8/90.      Statutory Authority: RCW 75.08.080.      90-06-045 (Order 90-15), § 220-20-020, filed 3/1/90, effective 4/1/90; 80-09-072 (Order 80-69), § 220-20-020, filed 7/18/80; 79-03-014 (Order 79-11), § 220-20-020, filed 2/15/79; Order 77-147, § 220-20-020, filed 12/16/77; Order 77-14, § 220-20-020, filed 4/15/77; Order 76-148, § 220-20-020, filed 12/2/76; Order 76-26, § 220-20-020, filed 4/20/76; Order 1193-A, § 220-20-020, filed 3/5/75; Order 1193, § 220-20-020, filed 3/4/75; Order 1143, § 220-20-020, filed 8/8/74; Order 1105, § 220-20-020, filed 12/28/73; Order 1057, § 220-20-020, filed 5/22/73; Order 1045, § 220-20-020, filed 3/8/73; Order 988, § 220-20-020, filed 4/28/72; Order 920, § 220-20-020, filed 5/13/71; Order 862, § 220-20-020, filed 4/16/70; Order 817, § 220-20-020, filed 5/29/69; Order 810, § 220-20-020, filed 4/17/69.]

(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 Colvos Passage Marine Preserve.

[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-4173.1

AMENDATORY SECTION(Amending Order 00-47, filed 4/19/00, effective 5/20/00)

WAC 232-12-011
Wildlife classified as protected shall not be hunted or fished.

Protected wildlife are designated into three subcategories: Threatened, sensitive, and other.

     (1) Threatened species are any wildlife species native to the state of Washington that are likely to become endangered within the foreseeable future throughout a significant portion of their range within the state without cooperative management or removal of threats.      Protected wildlife designated as threatened include:

Common Name	Scientific Name
western gray squirrel	Sciurus griseus
Steller (northern)      sea lion	Eumetopias jubatus
North American lynx	Lynx canadensis
Aleutian Canada goose	Branta Canadensis      leucopareia
bald eagle	Haliaeetus leucocephalus
ferruginous hawk	Buteo regalis
marbled murrelet	Brachyramphus marmoratus
green sea turtle	Chelonia mydas
loggerhead sea turtle	Caretta caretta
sage grouse	Centrocercus urophasianus
sharp-tailed grouse	Phasianus columbianus

     (2) Sensitive species are any wildlife species native to the state of Washington that are vulnerable or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats.      Protected wildlife designated as sensitive include:

Common Name	Scientific Name
Gray whale	Eschrichtius gibbosus
Common Loon	Gavia immer
Larch Mountain      salamander	Plethodon larselli
Pygmy whitefish	Prosopium coulteri
Margined sculpin	Cottus marginatus
Olympic mudminnow	Novumbra hubbsi

     (3) Other protected wildlife include:

Common Name	Scientific Name
cony or pika	Ochotona princeps
least chipmunk	Tamius minimus
yellow-pine chipmunk	Tamius amoenus
Townsend's chipmunk	Tamius townsendii
red-tailed chipmunk	Tamius ruficaudus
hoary marmot	Marmota caligata
Olympic marmot	Marmota olympus
Cascade golden-mantled      ground squirrel	Spermophilus saturatus
golden-mantled      ground squirrel	Spermophilus lateralis
Washington ground      squirrel	Spermophilus washingtoni
red squirrel	Tamiasciurus hudsonicus
Douglas squirrel	Tamiasciurus douglasii
northern flying squirrel	Glaucomys sabrinus
wolverine	Gulo gulo
painted turtle	Chrysemys picta
California mountain      kingsnake	Lampropeltis zonata;

     All birds not classified as game birds, predatory birds or endangered species, or designated as threatened species or sensitive species; all bats, except when found in or immediately adjacent to a dwelling or other occupied building; all wildlife within Titlow Beach Marine Preserve ((Area)), the Sund Rock Marine Preserve, the Colvos Passage Marine Preserve, and the conservation areas defined in chapter 220-16 WAC; mammals of the order Cetacea, including whales, porpoises, and mammals of the order Pinnipedia not otherwise classified as endangered species, or designated as threatened species or sensitive species.      This section shall not apply to hair seals and sea lions which are threatening to damage or are damaging commercial fishing gear being utilized in a lawful manner or when said mammals are damaging or threatening to damage commercial fish being lawfully taken with commercial gear.

[Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770.      00-10-001 (Order 00-47), § 232-12-011, filed 4/19/00, effective 5/20/00.      Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780.      00-04-017 (Order 00-05), § 232-12-011, filed 1/24/00, effective 2/24/00.      Statutory Authority: RCW 77.12.020.      98-23-013 (Order 98-232), § 232-12-011, filed 11/6/98, effective 12/7/98.      Statutory Authority: RCW 77.12.040.      98-10-021 (Order 98-71), § 232-12-011, filed 4/22/98, effective 5/23/98.      Statutory Authority: RCW 77.12.040 and 75.08.080.      98-06-031, § 232-12-011, filed 2/26/98, effective 5/1/98.      Statutory Authority: RCW 77.12.020.      97-18-019 (Order 97-167), § 232-12-011, filed 8/25/97, effective 9/25/97.      Statutory Authority: RCW 77.12.040, 77.12.020, 77.12.030 and 77.32.220.      97-12-048, § 232-12-011, filed 6/2/97, effective 7/3/97.      Statutory Authority: RCW 77.12.020.      93-21-027 (Order 615), § 232-12-011, filed 10/14/93, effective 11/14/93; 90-11-065 (Order 441), § 232-12-011, filed 5/15/90, effective 6/15/90.      Statutory Authority: RCW 77.12.040.      89-11-061 (Order 392), § 232-12-011, filed 5/18/89; 82-19-026 (Order 192), § 232-12-011, filed 9/9/82; 81-22-002 (Order 174), § 232-12-011, filed 10/22/81; 81-12-029 (Order 165), § 232-12-011, filed 6/1/81.]

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