PERMANENT RULES
FISH AND WILDLIFE
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amend fishing rules.
Citation of Existing Rules Affected by this Order: Amending WAC 220-20-010, 220-20-021, 220-33-001, 220-33-020, 220-36-031, and 220-40-031.
Statutory Authority for Adoption: RCW 77.12.047.
Adopted under notice filed as WSR 07-13-046 on June 14, 2007.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 6, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 13, 2007.
Susan Yeager
for Jerry Gutzwiler, Chair
Fish and Wildlife Commission
OTS-9753.6
AMENDATORY SECTION(Amending WSR 07-04-030, filed 1/29/07,
effective 3/1/07)
WAC 220-20-010
General provisions -- Lawful and unlawful
acts -- Salmon, other fish and shellfish.
(1) It shall be
unlawful to take, fish for, possess or transport for any
purpose fish, shellfish or parts thereof, in or from any of
the waters or land over which the state of Washington has
jurisdiction, or from the waters of the Pacific Ocean, except
at the times, places and in the manners and for the species,
quantities, sizes or sexes provided for in the regulations of
the department.
(2) It shall be unlawful for any person to have in possession or under control or custody any food fish or shellfish within the land or water boundaries of the state of Washington, except in those areas which are open to commercial fishing or wherein the possession, control or custody of salmon or other food fish or shellfish for commercial purposes is made lawful under a statute of the state of Washington or the rules and regulations of the commission or director, unless otherwise provided.
(3) ((It shall be lawful to)) A person may fish for,
possess, process and otherwise deal in food fish and fish
offal or scrap for any purpose, provided((;)) that it shall be
unlawful to use any of the following listed species for
purposes other than human consumption or fishing bait:
| Pacific halibut | (Hippoglossus stenolepis) |
| Pacific herring (except as prescribed in WAC 220-49-020) |
(Clupea harengus pallasi) |
| Salmon | |
| Chinook | (Oncorhynchus tshawytscha) |
| Coho | (Oncorhynchus kisutch) |
| Chum | (Oncorhynchus keta) |
| Pink | (Oncorhynchus gorbuscha) |
| Sockeye | (Oncorhynchus nerka) |
| Masu | (Oncorhynchus masu) |
| Pilchard | (Sardinops sagax) |
| Except as provided for in WAC 220-88C-040 | |
(5) It shall be unlawful for the owner or operator of any commercial food fish or shellfish gear to leave such gear unattended in waters of the state or offshore waters unless said gear is marked.
(a) Shellfish pot, bottom fish pot, set line and set net gear must be marked with a buoy to which shall be affixed, in a visible and legible manner, the department approved and registered buoy brand issued to the license, provided that:
(i) Buoys affixed to unattended gear must be visible on the surface of the water except during strong tidal flow or extreme weather conditions.
(ii) When two or more shellfish pots are attached to a common ground line, the number of pots so attached must be clearly labeled on the required buoy.
(b) It is unlawful to operate any gill net, attended or
unattended, unless there is affixed, within five feet of each
end of the net, a buoy, float, or some other form of marker,
visible on the ((corkline)) cork line of the net, on which
shall be marked in a visible, legible and permanent manner the
name and gill-net license number of the fisher.
(c) It shall be unlawful at any time to leave a gill net unattended in the commercial salmon fishery.
(6) It shall be unlawful to place any commercial food
fish or shellfish gear in any waters closed to commercial
fishing, provided((;)) that this provision shall not apply to
reef nets or brush weirs or to gear being tested under
supervision of the department. In addition, ((provided
further that)) it shall be unlawful to take, fish for or
possess food fish with any type of commercial fishing gear in
the waters of Carr Inlet north of north latitude 47°20', from
August 15 through November 30, except as provided in chapter 220-47 WAC.
(7) It shall be unlawful for the owner or operator of any fishing gear to refuse to submit such gear to inspection in any manner specified by authorized representatives of the department.
(8) It shall be unlawful for any person taking or possessing fish or shellfish taken from any of the waters or beaches of the Columbia River, the state of Washington, or the Pacific Ocean, for any purpose, to fail to submit such fish or shellfish for inspection by authorized representatives of the department.
(9) It shall be unlawful for any person licensed by the department to fail to make or return any report required by the department relative to the taking, selling, possessing, transporting, processing, freezing and storing of fish or shellfish, whether taken within the jurisdiction of the state of Washington or beyond, or on Indian reservations or usual and accustomed Indian fishing grounds.
(10) It shall be unlawful to take, fish for ((or)),
possess ((or to)), injure, kill, or molest fish in any
fishway, fish ladder, fish screen, holding pond, rearing pond,
or other fish protective device, or to interfere in any manner
with the proper operation of such fish protective devices.
(11) It shall be unlawful to club, gaff, ((shoot with
firearm, crossbow, bow and arrow or compressed air gun,))
snag, snare, dip net, harass, spear, stone, or otherwise
molest, injure, kill ((or)), destroy, or shoot with a firearm,
crossbow, bow and arrow, or compressed air gun, any fish or
shellfish or parts thereof, or for any person to attempt to
commit such acts, or to have any fish, shellfish or parts
thereof so taken in possession, except as provided for in this
subsection:
(a) ((It shall be lawful to)) A person may use a dip net
or club in the landing of fish taken by personal-use angling,
unless otherwise provided; and ((it shall be lawful to)) a
person may use a gaff in the landing of tuna, halibut and
dogfish, and a harpoon in the landing of halibut, in all catch
record card areas.
(b) ((It shall be lawful to)) (i) A person may use a dip
net, gaff, or club in the landing of food fish or shellfish
taken for commercial purposes, except that it is unlawful to
use a fish pew, pitchfork, or any other instrument that will
penetrate the body of the ((food)) fish or shellfish ((while
sorting commercial catches during the act of discarding those
fish)) that are not going to be retained or are unlawful to
possess.
(ii) It is unlawful under any circumstance to use a device that penetrates the body of a sturgeon whether legal to retain or not.
(c) ((It shall be lawful to)) A person may use a spear in
underwater spear fishing, as provided for in WAC 220-56-160.
(d) ((It shall be lawful to)) A person may use a bow and
arrow or spear to take carp, as provided for in WAC 220-56-280.
(e) ((It shall be lawful to)) A person may snag herring,
smelt, anchovies, pilchard, sand lance, and squid when using
forage fish jigger gear or squid jigs.
(f) ((It shall be lawful to)) A person may shoot halibut
when landing them with a dip net, harpoon or gaff.
(12) It shall be unlawful to take or possess, for any
purpose, any fish or shellfish smaller or larger than the
lawful minimum or maximum size limits prescribed by department
rule. Any such fish either snagged, hooked, netted or gilled
must be immediately returned to the water with the least
possible injury to the fish or shellfish ((and)).
(13) It shall be unlawful to allow ((undersized)) salmon
or sturgeon or fish unlawful to retain that are entangled in
commercial nets to pass through a power block or onto a power
reel or drum.
(((13))) (14) It shall be unlawful to possess, aboard any
vessel engaged in commercial fishing or having commercially
caught fish aboard, any food fish or shellfish in such
condition that its species, length, weight or sex cannot be
determined if a species, species group or category, length,
weight, or sex limit is prescribed for said species ((and)).
In addition, it is unlawful to possess food fish or shellfish
mutilated in any manner such that the natural length or weight
cannot be determined if a length or weight limit is prescribed
for said species.
(((14) It shall be lawful to)) (15) It shall be unlawful
to possess for any purpose any fish or shellfish in excess of
catch or possession limits prescribed by department rule. Any
such fish either snagged, hooked, netted or gilled must be
immediately returned to the water with the least possible
injury to the fish or shellfish.
(16) A person may possess, transport through the waters
of the state, or land, dressed sablefish ((("dressed" is)) as
defined by WAC 220-16-330(())).
(((15) It shall be lawful to)) (17) A person may possess,
transport through the waters of the Pacific Ocean, or land,
dressed salmon caught during a lawful commercial salmon troll
fishery, provided that 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.
(((16) It shall be lawful to)) (18) A person may possess,
transport through the waters of the Pacific Ocean, or land,
dressed halibut if allowed by International Pacific Halibut
Commission (IPHC) rules and such fish meet any IPHC size
requirements.
(((17))) (19) It shall be unlawful in any area to use,
operate, or carry aboard a commercial fishing vessel a
licensed net or combination of such nets, whether fished
singly or separately, in excess of the maximum lawful size or
length prescribed for a single net in that area, except as
otherwise provided for in the rules and regulations of the
department.
(((18))) (20) It shall be unlawful for any permit holder
to fail to comply with all provisions of any special permit or
letter of approval issued to him under the authority of the
director, or to perform any act not specifically authorized in
said document or in the regulations of the commission or
director.
(((19))) (21) It shall be unlawful to use, place or cause
to be placed in the waters or on the beaches or tidelands of
the state any substance or chemical used for control of
predators or pests affecting fish or shellfish or other
aquatic marine organisms, without first having obtained a
special permit to do so from the director.
(((20))) (22) It shall be unlawful to test commercial
fishing gear, except as follows:
(a) Bellingham Bay - inside and northerly of a line from Governor's Point to the south tip of Eliza Island to Point Frances, in waters 10 fathoms and deeper.
(b) Boundary Bay - north of a line from Birch Point to
Point Roberts, and south of the international boundary, in
waters 10 fathoms and deeper during times not under ((IPSFC))
control of the Pacific Salmon Commission.
(c) San Juan Channel - within a 1-mile radius of Point
Caution during times not under ((IPSFC)) control of the
Pacific Salmon Commission.
(d) Port Angeles - inside and westerly of a line projected from the east tip of Ediz Hook through buoy C "1" to the mainland.
(e) Port Gardner - within a 2-mile radius of the entrance to Everett breakwater, in waters 10 fathoms and deeper.
(f) Central Puget Sound - between lines from Meadow Point to Point Monroe, and Skiff Point to West Point, in waters 50 fathoms and deeper.
(g) East Pass - between lines from Point Robinson true east to the mainland, and from Dash Point to Point Piner, in waters 50 fathoms and deeper.
(h) Port Townsend - westerly of a line from the Coast Guard station in Port Townsend to Walan Point to Kala Point, in waters 10 fathoms and deeper.
(i) All tows or sets are limited to 20 minutes, exclusive of setting and retrieving time.
(j) All testing is to be accomplished between 8:00 a.m. and 4:00 p.m.
(k) ((Codends)) Cod ends of trawl nets must be left open,
all hooks of set line gear must be unbaited, and no lures or
baited hooks shall be used with jig or troll gear.
(l) Any and all incidentally caught fish and shellfish must be returned to the waters immediately, and no fish or shellfish are to be retained aboard the vessel at any time during a gear test operation.
(m) It shall be unlawful for any person conducting such gear testing operations to fail to notify the fish and wildlife enforcement office in Olympia prior to testing.
(((21))) (23) It is unlawful for any person or
corporation either licensed by the department or bringing fish
or shellfish into the state to fail to comply with the
directions of authorized department personnel related to the
collection of sampling data or material from fish or
shellfish. It is also unlawful for any such person or
corporation to fail to relinquish to the department, upon
request, any part of a salmon or other fish containing
coded-wire tags, including but not limited to, the snouts of
those salmon that are marked by having clipped adipose fins.
(((22))) (24) It is unlawful for any person to possess
live bottom fish taken under a commercial fishery license.
(((23))) (25) It is unlawful for any person to use
chemical irritants to harvest fish, shellfish or unclassified
marine invertebrates except as authorized by permit issued by
the department.
(26) The lower Columbia River, Grays Harbor and Willapa Bay are closed to commercial sturgeon fishing, except as provided by emergency rule of the director. Sturgeon taken incidentally during an open commercial salmon fishing period may be retained for commercial purposes as described by department rule.
[Statutory Authority: RCW 77.12.047. 07-04-030, § 220-20-010, filed 1/29/07, effective 3/1/07; 06-13-023 (Order 06-135), § 220-20-010, filed 6/13/06, effective 7/14/06; 05-08-056 (Order 05-53), § 220-20-010, filed 3/30/05, effective 4/30/05; 02-08-048 (Order 02-53), § 220-20-010, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-20-010, filed 3/29/00, effective 5/1/00. Statutory Authority: RCW 75.08.080. 00-01-096 (Order 99-214), § 220-20-010, filed 12/15/99, effective 1/15/00. Statutory Authority: RCW 75.08.080, 77.12.040. 98-15-081 (Order 98-122), § 220-20-010, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 98-15-031 (Order 98-120), § 220-20-010, filed 7/7/98, effective 8/7/98. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 220-20-010, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 93-15-051, § 220-20-010, filed 7/14/93, effective 8/14/93; 91-08-054 (Order 91-13), § 220-20-010, filed 4/2/91, effective 5/3/91; 91-01-023, § 220-20-010, filed 12/10/90, effective 1/10/91; 89-02-022 (Order 88-186), § 220-20-010, filed 12/29/88; 88-10-013 (Order 88-15), § 220-20-010, filed 4/26/88; 85-09-017 (Order 85-20), § 220-20-010, filed 4/9/85; 85-08-023 (Order 85-24), § 220-20-010, filed 4/1/85; 84-08-014 (Order 84-24), § 220-20-010, filed 3/27/84; 82-15-040 (Order 82-83), § 220-20-010, filed 7/15/82; 82-07-047 (Order 82-19), § 220-20-010, filed 3/18/82; 81-02-053 (Order 81-3), § 220-20-010, filed 1/7/81; 80-10-058 (Order 80-83), § 220-20-010, filed 8/6/80; 80-07-017 (Order 80-45), § 220-20-010, filed 6/11/80; 79-10-013 (Order 79-75), § 220-20-010, filed 9/7/79; Order 77-14, § 220-20-010, filed 4/15/77; Order 76-148, § 220-20-010, filed 12/2/76; Order 1193, § 220-20-010, filed 3/4/75; Order 1179, § 220-20-010, filed 11/19/74; Order 1106, § 220-20-010, filed 1/10/74; Order 1057, § 220-20-010, filed 5/22/73; Order 945, § 220-20-010, filed 8/16/71; Order 920, § 220-20-010, filed 5/13/71; Order 817, § 220-20-010, filed 5/29/69; Order 810, § 220-20-010, filed 4/17/69; Order 771-A, § 220-20-010, filed 3/29/68; Order 767, § 1, filed 12/22/67; Order 758, § 3, filed 10/16/67; Order 726, §§ 2, 3, filed 4/24/67; Order 721, § 1, filed 3/9/67; Subsections 1, 2 from Orders 405 and 256, filed 3/1/60; Subsection 3 from Order 677, filed 3/31/66; Subsection 16 from Order 525, filed 5/3/61; Orders 355 and 256, filed 3/1/60; Subsection 4 from Order 591, filed 10/28/63; Orders 479 and 256, filed 3/1/60; Subsection 5 from Orders 383 and 256, filed 3/1/60; Subsections 6, 26, 35 from Order 568, filed 3/26/63; Order 543, filed 3/20/62; Order 507, filed 4/13/60; Order 256, filed 3/1/60; Subsections 7-11, 13-15, 17, 18, 22 from Orders 355 and 256, filed 3/1/60; Subsection 12 from Orders 407 and 256, filed 3/1/60; Subsections 19, 27 from Orders 480 and 256, filed 3/1/60; Subsection 20 from Order 677, filed 3/31/66; Orders 483 and 256, filed 3/1/60; Subsection 23 from Order 677, filed 3/31/66; Order 605, filed 4/21/64; Order 568, filed 3/26/63; Order 543, filed 3/20/62; Order 507, filed 4/13/60; Order 256, filed 3/1/60; Subsection 24 from Order 605, filed 4/21/64; Orders 407 and 256, filed 3/1/60; Subsection 25 from Orders 449 and 256, filed 3/1/60; Subsections 28-33 from Orders 456 and 256, filed 3/1/60; Subsection 34 from Orders 486 and 256, filed 3/1/60; Subsection 36 from Order 591, filed 10/28/63; Subsections 37 and 38 from Order 677, filed 3/31/66; Subsection 39 from Order 672, filed 12/28/65.]
OTS-9754.4
AMENDATORY SECTION(Amending WSR 07-04-030, filed 1/29/07,
effective 3/1/07)
WAC 220-20-021
Sale of commercially caught sturgeon,
bottomfish and halibut.
(1) It is unlawful for any person
while engaged in commercial fishing for sturgeon, bottomfish
or halibut to:
(a) Keep sturgeon smaller or greater than the size limits provided for in WAC 220-20-020, keep more than one sturgeon for personal use, or keep more than the equivalent of one daily limit of sport caught bottomfish for personal use. Any lingcod to be retained for personal use taken east of the mouth of the Sekiu River must be greater than 26 inches in length and may not exceed 40 inches in length. All commercially taken sturgeon, bottomfish, and halibut retained for personal use must be recorded on fish receiving tickets.
(b) Sell any sturgeon, bottomfish, or halibut taken under such license to anyone other than a licensed wholesale dealer within or outside the state of Washington, except that a person who is licensed as a wholesale dealer under the provisions of RCW 77.65.280 may sell to individuals or corporations other than licensed wholesale dealers.
(c) ((Sell, barter, or attempt to sell or barter sturgeon
eggs that have been removed from the body cavity of any
sturgeon taken under such license prior to the time that the
sturgeon is sold under subsection (1)(b) of this section.))
Remove from the body cavity of the sturgeon any eggs or roe
prior to the time the sturgeon is sold to a wholesale dealer
licensed under RCW 77.65.280.
(2) It is unlawful for any wholesale dealer licensed
under RCW ((75.28.300)) 77.65.280 to purchase or attempt to
purchase sturgeon eggs from sturgeon taken by any person
licensed to take sturgeon for commercial purposes under
chapter 77.65 RCW if the sturgeon eggs have been removed from
the body cavity of the sturgeon prior to the sale of the
sturgeon.
(3) It is unlawful to purchase, sell, barter or attempt to purchase, sell, or barter any sturgeon eggs taken from sturgeon caught in the Columbia River below Bonneville Dam.
(4) It is unlawful to remove either the head or tail from a sturgeon prior to the time the sturgeon is sold to a wholesale dealer licensed under RCW 77.65.280 and delivered to a fish processing plant.
[Statutory Authority: RCW 77.12.047. 07-04-030, § 220-20-021, filed 1/29/07, effective 3/1/07; 06-05-094 (Order 06-24), § 220-20-021, filed 2/14/06, effective 3/17/06. Statutory Authority: RCW 75.08.080. 97-07-043 (Order 97-51), § 220-20-021, filed 3/14/97, effective 4/14/97; 94-12-009 (Order 94-23), § 220-20-021, filed 5/19/94, effective 6/19/94; 85-08-023 (Order 85-24), § 220-20-021, filed 4/1/85; 82-17-040 (Order 82-105), § 220-20-021, filed 8/13/82.]
OTS-9765.2
AMENDATORY SECTION(Amending Order 88-86, filed 9/2/88)
WAC 220-33-001
General provision -- Commercial fishing
regulated.
(1) It is unlawful to fish for food fish in the
lower Columbia River for commercial purposes or to possess
food fish taken from those waters for commercial purposes,
except as provided in this chapter.
(2) In the Columbia River downstream of Bonneville Dam and in the select areas (described in WAC 220-22-010), it shall be lawful to have onboard a commercial fishing vessel more than one licensed net, each of the lawful size or length prescribed for a single net as long as the net or nets are of legal size for the fishery, or the net or nets has a minimum mesh size of 9 inches, and the length of any one net does not exceed 1,500 feet in length.
(a) When specifically authorized by the director, nets not lawful for use at that time and area may be onboard the boat if properly stored.
(b) A properly stored net is defined as a net on a drum that is fully covered by tarp (canvass or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater.
[Statutory Authority: RCW 75.08.080. 88-18-066 (Order 88-86), § 220-33-001, filed 9/2/88.]
OTS-9755.3
AMENDATORY SECTION(Amending Order 00-146, filed 8/17/00,
effective 9/17/00)
WAC 220-33-020
Sturgeon.
It is unlawful to fish for
sturgeon in the lower Columbia River for commercial purposes
or to possess sturgeon taken from those waters for commercial
purposes, except as provided in this section:
Gear
(1) ((Gill net gear may be used to fish for sturgeon if
it does not exceed 1,500 feet in length along the cork line,
it is not constructed of monofilament webbing, its mesh size
does not exceed 9 3/4 inches, and it does not have a lead line
weighing more than two pounds per fathom of net as measured on
the cork line.
(2) From December 1 through March 31 it is lawful for sturgeon fishers to have salmon or smelt gill nets aboard while fishing for sturgeon.
Fishing periods
(3) The lower Columbia River is closed to commercial
sturgeon fishing, except as provided by emergency rule of the
director. Sturgeon taken incidentally during an open
commercial salmon fishing period may be retained for
commercial purposes.)) It is unlawful to use a gill net to
fish for sturgeon if the net exceeds 1,500 feet in length
along the cork line.
(2) It is unlawful to use a gill net to fish for sturgeon with mesh size larger than 9 3/4 inches.
(3) It is unlawful to use a gill net to fish for sturgeon if the lead line weighs more than two pounds per fathom of net as measured on the cork line, provided that it is lawful to have a gill net with a lead line weighing more than two pounds per fathom aboard a vessel when the vessel is fishing in or transiting through the Tongue Point Select Area, and it is also lawful to have additional weights and anchors attached directly to the lead line in the Deep River, Blind Slough, Knappa Slough and South Channel Select Areas.
(4) From December 1 through March 31 it is lawful for sturgeon fishers to have smelt or salmon gill nets aboard while fishing for sturgeon.
General
(((4) Sturgeon smaller or greater than the size limits
provided for in WAC 220-20-020 may not be retained for
commercial purposes and shall be returned immediately to the
water. All sturgeon in transit must not have the head or tail
removed.))
(5) A person engaged in commercial fishing may retain one sturgeon of legal commercial length for personal use.
(((6) Sturgeon eggs may not be removed from the body
cavity of the sturgeon prior to the time the sturgeon is sold
to a wholesale dealer licensed under RCW 75.28.300.
(7) The head or tail may not be removed from a sturgeon prior to the time the sturgeon is sold to a wholesale dealer licensed under RCW 75.28.300 and delivered to a fish processing plant.
(8) A sturgeon carcass with head and tail removed and retained at a fish processing plant must be at least 28 inches in length.
(9) It is unlawful to gaff sturgeon.))
[Statutory Authority: RCW 77.12.047. 00-17-117 (Order 00-146), § 220-33-020, filed 8/17/00, effective 9/17/00. Statutory Authority: RCW 75.08.080. 97-07-043 (Order 97-51), § 220-33-020, filed 3/14/97, effective 4/14/97; 88-18-066 (Order 88-86), § 220-33-020, filed 9/2/88.]
OTS-9257.2
AMENDATORY SECTION(Amending Order 90-77, filed 8/24/90,
effective 9/24/90)
WAC 220-36-031
Grays Harbor -- Season and gear -- Sturgeon.
It is unlawful to fish for or possess sturgeon taken for
commercial purposes from Marine Fish-Shellfish Management and
Catch Reporting Area 60B except at those times((,)) and with
((the)) such gear as provided by emergency rule of the
director, and subject to the provisions of this section:
(((1))) It is unlawful to take sturgeon by angling from
any vessel that is engaged in commercial sturgeon fishing, has
been engaged in commercial sturgeon fishing that same day, or
has commercially caught sturgeon aboard.
(((2) It is unlawful to retain sturgeon not of lawful
size, as provided for in WAC 220-20-020(1), and all sturgeon
in transit must not have head or tail removed.
(3) It is lawful to retain for commercial purposes sturgeon taken incidental to any lawful commercial salmon fishery in any Grays Harbor Salmon Management and Catch Reporting Area except it is unlawful to retain white sturgeon taken prior to August 1st.))
[Statutory Authority: RCW 75.08.080. 90-18-023 (Order 90-77), § 220-36-031, filed 8/24/90, effective 9/24/90; 85-06-033 (Order 85-14), § 220-36-031, filed 3/1/85.]
OTS-9269.2
AMENDATORY SECTION(Amending Order 91-13, filed 4/2/91,
effective 5/3/91)
WAC 220-40-031
Willapa Bay -- Seasons and lawful
gear -- Sturgeon.
It is unlawful to fish for or possess
sturgeon taken for commercial purposes from Marine
Fish-Shellfish Management and Catch Reporting Area 60C except
at those times((,)) and with ((the)) such gear as provided by
emergency rule of the director, and subject to the provisions
of this section:
(((1))) It is unlawful to take sturgeon by angling from
any vessel that is engaged in commercial sturgeon fishing, has
been engaged in commercial sturgeon fishing that same day, or
has commercially caught sturgeon aboard.
(((2) It is unlawful to retain sturgeon not of lawful
size, as provided for in WAC 220-20-020(1), and all sturgeon
in transit must not have head or tail removed.
(3) It is lawful to retain for commercial purposes sturgeon taken incidental to any lawful commercial salmon fishery in any Willapa Bay Salmon Management and Catch Reporting Area except it is unlawful to retain white sturgeon taken prior to August 1st.))
[Statutory Authority: RCW 75.08.080. 91-08-054 (Order 91-13), § 220-40-031, filed 4/2/91, effective 5/3/91; 90-18-023 (Order 90-77), § 220-40-031, filed 8/24/90, effective 9/24/90; 85-06-033 (Order 85-14), § 220-40-031, filed 3/1/85.]