WSR 05-09-009

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-52 -- Filed April 7, 2005, 1:04 p.m. , effective May 8, 2005 ]


Purpose: Amend marine protected areas rules; adopt Seattle City Parks Marine Preserves.

Citation of Existing Rules Affected by this Order: Amending WAC 220-20-100.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 05-01-233 on December 22, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 7, 2005.

Susan Yeager

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-7719.1


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 removal of organisms from the intertidal areas, except that finfish may be harvested using hook and line gear, provided it is lawful under other WDFW fishing regulations. 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 of unclassified marine invertebrates in numbers less than the daily limits is an infraction. All other penalties for larger numbers removed apply.

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

OTS-7718.2


NEW SECTION
WAC 220-16-820   Golden Gardens Marine Preserve.   "Golden Gardens Marine Preserve" is defined as those tidelands owned by the city of Seattle and the water column above those tidelands down to 4.5 feet below MLLW at Golden Gardens city park, bounded on the southwest by a line projected northwest from a sign at the walkway entrance to the beach, and on the northeast by a line projected due west from 12224'07.2" W, 4741'51.8" N.

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NEW SECTION
WAC 220-16-830   Carkeek Park Marine Preserve.   "Carkeek Park Marine Preserve" is defined as two sections of tidelands owned by the city of Seattle and the water column above those tidelands down to 4.5 feet below MLLW at Carkeek city park, with a southern section bounded on the south by a line projected perpendicular to the beach from 12222'49.0" W, 4742'31.7" N and bounded on the north by a line projected northwest from 12222'47.41" W, 4742'43.51" N, and with a northern section bounded on the south by a line projected due west from a point 300 yards north of 12222'47.41" W, 4742'43.51" N and bounded on the north by a line projected due west from a point 500 yards north of 12222'47.41" W, 4742'43.51" N.

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NEW SECTION
WAC 220-16-840   Lincoln Park Marine Preserve.   "Lincoln Park Marine Preserve" is defined as those tidelands owned by the city of Seattle and the water column above those tidelands down to 4.5 feet below MLLW at Lincoln city park, bounded on the south by a line projected due west from 12223'40.4" W, 4731'33.1" N, and bounded on the north by a line projected due west from 12224'05.0" W, 4731'49.8" N.

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NEW SECTION
WAC 220-16-850   Discovery Park Marine Preserve.   "Discovery Park Marine Preserve" is defined as two sections of tidelands owned by the city of Seattle and the water column above those tidelands down to 4.5 feet below MLLW at Discovery city park, with a southern section located south of West Point bounded on the southeast by a line projected west-southwest from 12225'31.7" W, 4739'26.8" N and bounded on the northeast by a line projected west-southwest from the sign posted at the sidewalk entrance to the beach, and with a northern section bounded on the southwest by a line projected northwest from 12225'20.7" W, 4740'3.3" N and bounded on the northeast by a line projected northwest from 12225'4.2" W, 4740'11.1" N.

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NEW SECTION
WAC 220-16-860   Emma Schmitz Marine Preserve.   "Emma Schmitz Marine Preserve" is defined as those tidelands owned by the city of Seattle and the water column above those tidelands down to 4.5 feet below MLLW at Emma Schmitz city park, bounded on the south by a line projected along the north edge of SW Oregon Street and bounded on the north by a line projected west-southwest from the high tide line at 12224'26.5" W, 4733'53.5" N.

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NEW SECTION
WAC 220-16-870   Richey Viewpoint Marine Preserve.   "Richey Viewpoint Marine Preserve" is defined as those tidelands owned by the city of Seattle and the water column above those tidelands down to 4.5 feet below MLLW at Richey Viewpoint city park, bounded on the southeast by a line projected due west from 12224'49.0" W, 4734'20.2" N, and bounded on the northwest by a line projected southwest from 12225'8.8" W, 4734'30.0" N.

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Washington State Code Reviser's Office