WSR 04-01-195

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed December 24, 2003, 10:15 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-18-008.

     Title of Rule: Personal use rules.

     Purpose: Establish Seattle Parks Marine Preserves and provide for no intertidal recreational take, except fin fish taken with hook and line.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Seattle City Parks has requested that these intertidal zones be designated marine preserves.

     Reasons Supporting Proposal: Preservation of intertidal organisms.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2390; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

     Name of Proponent: Seattle City Parks, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: Seattle City Parks and the Seattle Aquarium want to use certain intertidal areas as field classrooms. Protection of marine life in the intertidal area will allow for hands-on study of these organisms.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule proposal affects the recreational harvest of classified and unclassified marine organisms. There is no commercial harvest in the intertidal area, and no small businesses are affected.

     RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Natural Resources Building, 1111 Washington Street, Olympia, WA, on February 6-7, begins at 8:00 a.m., February 6, 2004.

     Assistance for Persons with Disabilities: Contact Susan Yeager by January 23, 2004, TDD (360) 902-2207 or (360) 902-2267.

     Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by January 20, 2004.

     Date of Intended Adoption: February 6, 2004.

December 24, 2003

Evan Jacoby

Rules Coordinator


NEW SECTION
WAC 220-16-800   Golden Gardens Marine Preserve.   "Golden Gardens Marine Preserve" is defined as those tidelands owned by the City of Seattle at Golden Gardens city park, and the water column above these tidelands down to -4.5 feet (MLLW=0).

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NEW SECTION
WAC 220-16-810   Carkeek Park Marine Preserve.   "Carkeek Park Marine Preserve" is defined as those tidelands owned by the City of Seattle at Carkeek city park, and the water column above these tidelands down to -4.5 feet (MLLW=0).

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NEW SECTION
WAC 220-16-820   Lincoln Park Marine Preserve.   "Lincoln Park Marine Preserve" is defined as those tidelands owned by the City of Seattle at Lincoln city park, and the water column above these tidelands down to -4.5 feet (MLLW=0).

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NEW SECTION
WAC 220-16-830   Discovery Park Marine Preserve.   "Discovery Park Marine Preserve" is defined as those tidelands owned by the City of Seattle at Discovery city park, and the water column above these tidelands down to -4.5 feet (MLLW=0).

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NEW SECTION
WAC 220-16-840   Emma Schmitz Marine Preserve.   "Emma Schmitz Marine Preserve" is defined as those tidelands owned by the City of Seattle at Emma Schmitz city park, and the water column above these tidelands down to -4.5 feet (MLLW=0).

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NEW SECTION
WAC 220-16-850   Richey Viewpoint Marine Preserve.   "Richey Viewpoint Marine Reserve" is defined as those tidelands owned by the City of Seattle at Richey Viewpoint city park, and the water column above these tidelands down to -4.5 feet (MLLW=0).

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

WAC 220-20-100   General provisions -- Marine protected areas.   (1) It is unlawful to fish for or possess fish, shellfish, or wildlife taken from any conservation area defined in chapter 220-16 WAC.

     (2) The following marine preserves are closed to the taking of fish, shellfish, and wildlife as indicated:

     (a) The Admiralty Head Marine Preserve is closed to the taking of fish and wildlife, and closed to the taking of shellfish except sea cucumbers and sea urchins.

     (b) The Colvos Passage Marine Preserve is closed to the taking of shellfish and wildlife, closed to all commercial harvest of fish, and closed to recreational harvest of fish except it is lawful to take salmon for personal use by trolling, defined as fishing from a vessel under power and in gear making forward progress.

     (c) The San Juan Island Marine Preserve is closed to the taking of shellfish except it is lawful to take crab from Parks Bay, and closed to the taking of food fish other than salmon except it is lawful to take herring.

     (d) The Titlow Beach Marine Preserve is closed to the taking of shellfish and wildlife, closed to the commercial harvest of all fish, and closed to the recreational harvest of all fish except that it is lawful to take salmon if taken with artificial lures from shore or from a nonmotorized vessel.

     (e) The Zee's Reef Marine Preserve is closed to the taking of shellfish and wildlife, closed to the commercial harvest of all fish, and closed to the recreational harvest of all fish except that it is lawful to take salmon with fly fishing gear as defined in WAC 220-56-210.

     (f) The Seattle city park marine preserves (Golden Gardens, Carkeek, Lincoln, Discovery, Emma Schmitz, and Richey Viewpoint) are closed to recreational removal of organisms from the intertidal areas, except that finfish may be harvested using hook and line gear. Any organism except finfish taken by hook and line in the intertidal area must be placed unharmed in the location it was found. Removal of organisms in amounts less than the statewide daily limits, except fin fish taken with hook and line gear, is an infraction.

[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 220-20-100, filed 3/29/02, effective 5/1/02.]

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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