PERMANENT RULES
FISH AND WILDLIFE
Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of this proposal is to amend several WAC sections to update references from Title 75 RCW to the proper reference of Title 77 RCW. Additionally, some substitutions and additions of words are made to clarify the rules and rectify typographical errors. WAC 232-14-010 is repealed, as it was determined the section was outdated and unnecessary.
Reasons Supporting Proposal: This rule change proposal was discussed during the fish and wildlife commission conference call on April 6, 2012. The proposed changes were adopted by the commission at the April 13, 2012, commission meeting. The changes are part of an agency WAC overhaul project that will increase clarity, accuracy, and efficiency of the Washington department of fish and wildlife administrative code.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-14-010; and amending WAC 220-12-010, 220-12-020, 220-16-211, 220-20-015, 220-20-051, 220-20-065, 220-88-020, and 220-88-040.
Statutory Authority for Adoption: RCW 34.05.353 (1)(b), (c), and (d), 77.12.047 and 77.50.050, chapters 77.65 and 77.70 RCW.
Adopted under notice filed as WSR 12-03-120 on January 18, 2012.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 8, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 13, 2012.
Miranda Wecker, Chair
Fish and Wildlife Commission
OTS-4545.1
AMENDATORY SECTION(Amending WSR 98-06-031, filed 2/26/98,
effective 5/1/98)
WAC 220-12-010
Food fish -- Classification.
The following
((fishes)) species are classified as food fish under RCW
((75.08.080)) 77.12.047 and are subject to the provisions of
this title:
| Barracuda | ||
| Pacific barracuda | Sphyraena argentea | |
| Cyprinids | ||
| Carp | Cyprinus carpio | |
| Cods and hake | ||
| Pacific hake or whiting Walleye pollock Pacific Tomcod Pacific Cod or true cod |
Merluccius productus Theragra chalcogrammus Microgadus proximus Gadusmacrocephalus |
|
| Flounder, sole and halibut | ||
| Butter sole or Bellingham sole C-O sole Dover sole English sole Flathead sole Pacific halibut Petrale sole Rex sole Rock sole Pacific sand dab Sand sole Slender sole Speckled sand dab Starry flounder Turbot or Arrowtooth flounder All other species of sole and flounder Giant wrymouth |
Isopsetta isolepis Pleuronichtys coenosus Microstomus pacificus Parophrys vetulus Hippoglossoides elassodon Hippoglossus stenolepis Eopsetta jordani Glyptocephalus zachirus Lepidopsetta bilineata Citharichthys sordidus Psettichthys melanostictus Lyopsetta exilis Citharichthys stigmaeus Platichthys stellatus Atheresthes stomias (Pleuronectiformes) Delolepsis gigantea |
|
| Greenling | ||
| Lingcod Rock greenling Kelp greenling All other species of greenling |
Ophiodon elongatus Hexagrammos superciliosus Hexagrammos decagrammus (Hexagrammidae) |
|
| Herring and herring-like fishes | ||
| Northern anchovy Pacific sand lance or candlefish Pacific herring Pacific sardine or pilchard American shad |
Engraulis mordax Ammodytes hexapterus Clupea harengus pallasi Sardinops sagax Alosa sapidissima |
|
| Mackerels, tunas and jacks (carangids) |
||
| Pacific bonito Pacific mackerel Jack mackerel Monterey Spanish mackerel Spanish mackerel Yellowtail Albacore Bluefin tuna Skipjack tuna Yellowfin tuna All other species of tunas and mackerels Pacific pomfret Pacific pompano Plainfin midshipman Ratfish Rattails, all species |
Sarda chiliensis Scomber japonicus Trachurus symmetricus Scomberomorus concolor Scomberomorus maculatus Seriola dorsalis Thunnus alalunga Thunnus thynnus Euthynnus pelamis Thunnus albacares (Scombridae) Brama japonica Peprilus simillimus Parichthys notatus Hydrolagus colliei |
|
| Skates | ||
| Longnose skate Big skate All other species of skates |
Raja rhina Raja binoculata (Rajidae) |
|
| Rockfish | ||
| Bocaccio Black rockfish Brown rockfish Copper rockfish Greenstriped rockfish Canary rockfish Pacific Ocean perch Yelloweye or rasphead rockfish Rosefish or splitnose rockfish Silvergray rockfish Quillback rockfish Yellowtail rockfish All other species of rockfish Sablefish |
Sebastes paucispinis Sebastes melanops Sebastes auriculatus Sebastes caurinus Sebastes elongatus Sebastes pinniger Sebastes alutus Sebastes ruberrimus Sebastes diploproa Sebastes brevispinis Sebastes maliger Sebastes flavidus (Scorpaenidae)Anoplopoma fimbria |
|
| Salmon | ||
| Chinook or King salmon (except in its landlocked form as defined in WAC 232-12-018) Chum or dog salmon Pink or humpback Coho or silver (except in its landlocked form as defined in WAC 232-12-018) Sockeye or blue back Masu Atlantic salmon (except in its landlocked form) |
Oncorhynchus tshawytscha Oncorhynchus keta Oncorhynchus gorbuscha Oncorhynchus kisutch Oncorhynchus nerka Oncorhynchus masu Salmo salar |
|
| Sculpins | ||
| Brown Irish lord Buffalo sculpin Cabezon Great sculpin Pacific Staghorn sculpin Red Irish lord |
Hemilepidotus spinosus Enophrys bison Scorpaenichthys marmoratus Myoxocephalus polyacanthocephalus Leptocottus armatus Hemilepidotus hemilepidotus |
|
| Seabass and drums | ||
| White seabass All other seabass and drums |
Cynoscion nobilis (Sciaenidae and Serranidae) |
|
| Sharks | ||
| Sixgill shark Soupfin shark Dogfish or spiny dogfish All other species of sharks |
Hexanchus griseus Galeorhinus zyopterus Squalus acanthias (Squaliformes and Hexanchiformes) |
|
| Smelts | ||
| Eulachon or Columbia River smelt Longfin smelt Surf smelt All other species of smelt |
Thaleichthys pacificus Spirinchus dilatus Hypomesus pretiosus (Osmeridae) |
|
| Sturgeons | ||
| Green sturgeon White sturgeon |
Acipenser medirostris Acipenser transmontanus |
|
| Surfperches | ||
| Blue perch or striped seaperch Kelp perch Redtail surfperch Shiner perch Pile perch Walleye surfperch White seaperch All other species of perch Wolf-eel |
Embiotoca lateralis Brachyistius frenatus Amphistichus rhodoterus Cymatogaster aggregata Rhacochilus vacca Hyperprosopon argenteum Phanerodon furcatus (Embiotocidae) Anarrhichthys ocellatus |
|
| Hagfishes | ||
| Pacific hagfish Black hagfish |
Eptatretus stouti Eptatretus deani |
|
[Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 220-12-010, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 95-17-062 (Order 95-102), § 220-12-010, filed 8/15/95, effective 9/15/95; 89-14-010 (Order 89-48), § 220-12-010, filed 6/22/89; 83-24-024 (Order 83-200), § 220-12-010, filed 11/30/83, effective 1/1/84; 82-07-047 (Order 82-19), § 220-12-010, filed 3/18/82; Order 1057, § 220-12-010, filed 5/22/73; Order 807, § 220-12-010, filed 1/2/69, effective 2/1/69; Order 677, Food fish classification, filed 3/31/66; Order 256, Food fish classification, filed 3/1/60.]
| Abalone | |
| Pinto abalone | Haliotis kamtschatkana |
| Mussel | |
| Blue mussel | Mytilus trossulus |
| California mussel | Mytilus californianus |
| Mediterranean mussel | Mytilus galloprovincialis |
| Scallops | |
| Pacific pink scallop | Chlamys rubida |
| Rock scallop | Crassadoma gigantea |
| Spiny scallop | Chlamys hastata |
| Weathervane scallop | Patinopecten caurinus |
| Clams | |
| All macoma clams | Macoma spp. |
| Butter clam | Saxidomus giganteus |
| Common cockle | Clinocardium nuttallii |
| Geoduck | Panopea abrupta |
| Horse or Gaper clam | Tresus nuttallii, |
| Tresus capax | |
| Mud or soft shell clam | Mya arenaria |
| Manila clam | Venerupis philippinarum |
| Piddock | Zirfaea pilsbryi |
| Razor clam | Siliqua patula |
| Rock or native little neck clam |
Leukoma staminea |
| Varnish clam | Nuttallia obscurata |
| All other marine clams existing in Washington in a wild state | |
| Oysters | |
| All oysters | (Ostreidae) |
| Squid | |
| All squid | Sepiolida or Teuthida |
| Octopus | |
| Octopus | Enteroctopus dolfleini |
| Barnacles | |
| Goose barnacle | Pollicipes polymerus |
| Shrimp | |
| Coonstripe shrimp | Pandalus danae |
| Coonstripe shrimp | Pandalus hypsinotus |
| Ghost or sand shrimp | Neotrypaea spp. |
| Humpy shrimp | Pandalus goniurus |
| Mud shrimp | Upogebia pugettensis |
| Ocean pink shrimp | Pandalus jordani |
| Pink shrimp | Pandalus eous |
| Sidestripe shrimp | Pandalopsis dispar |
| Spot shrimp | Pandalus platyceros |
| Crab | |
| Dungeness or Pacific crab | Cancer magister |
| Red rock crab | Cancer productus |
| Tanner crab | Chionoecetes tanneri |
| King and box crab | Lopholithodes spp. |
| Crawfish | |
| Crawfish | Pacifastacus sp. |
| Sea cucumber | |
| Sea cucumber | Parastichopus californicus |
| Sea urchin | |
| Green urchin | Strongylocentrotus droebachiensis |
| Red urchin | Strongylocentrotus franciscanus |
| Purple urchin | Strongylocentrotus purpuratus |
[Statutory Authority: RCW 77.12.047. 10-07-105 (Order 10-64), § 220-12-020, filed 3/19/10, effective 5/1/10; 04-07-009 (Order 04-39), § 220-12-020, filed 3/4/04, effective 5/1/04; 03-05-057 (Order 03-24), § 220-12-020, filed 2/14/03, effective 5/1/03. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 220-12-020, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-12-020, filed 1/30/95, effective 5/1/95; 91-10-024 (Order 91-22), § 220-12-020, filed 4/23/91, effective 5/24/91; 88-12-025 (Order 88-28), § 220-12-020, filed 5/25/88, effective 8/22/88; 87-23-006 (Order 87-187), § 220-12-020, filed 11/6/87; 86-24-046 (Order 86-190), § 220-12-020, filed 11/26/86; 85-09-017 (Order 85-20), § 220-12-020, filed 4/9/85; 85-01-010 (Order 84-214), § 220-12-020, filed 12/7/84; 83-24-024 (Order 83-200), § 220-12-020, filed 11/30/83, effective 1/1/84; Order 1186, § 220-12-020, filed 1/13/75; Order 990, § 220-12-020, filed 5/11/72; Order 807, § 220-12-020, filed 1/2/69, effective 2/1/69; Order 677, Shellfish classification, filed 3/31/66; Order 256, Shellfish classification, filed 3/1/60; Abalone and octopus from Order 483 and 256, filed 3/1/60.]
OTS-4546.1
AMENDATORY SECTION(Amending Order 920, filed 5/13/71)
WAC 220-16-211
Geographical definitions -- Puget Sound
tributaries.
The term "Puget Sound tributaries" ((shall be
construed to)) includes the waters of all fresh water rivers
and streams tributary to Puget Sound as defined in WAC
((220-15-210)) 220-16-210 and ((including)) all tributaries
flowing into said rivers and streams.
[Order 920, § 220-16-211, filed 5/13/71.]
OTS-4547.1
AMENDATORY SECTION(Amending Order 02-278, filed 11/6/02,
effective 12/7/02)
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)), must be 21
1/2 inches minimum, and frozen coho salmon, dressed heads off
((shall)), must 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))
77.50.050.
(5) It is ((lawful)) permissible to possess salmon for
any purpose ((which)) that 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)) is unlawful to angle for salmon for
personal use from any vessel that is engaged in commercial
salmon trolling or has commercially caught salmon aboard.
[Statutory Authority: RCW 77.12.047. 02-23-002 (Order 02-278), § 220-20-015, filed 11/6/02, effective 12/7/02; 00-17-106 (Order 00-149), § 220-20-015, filed 8/16/00, effective 9/16/00. 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.]
(a) The licensee has designated the vessel from which the
food fish or shellfish are to be taken or delivered((,));
(b) The department has issued a commercial license to the
licensee showing the vessel so designated((,)); and
(c) The vessel operator has the commercial license in physical possession.
(2) The following definitions apply to this section:
(a) "Documentation" means vessel documentation by the United States Coast Guard showing eligibility for the fishery. Once documentation is presented as evidence of ownership, it becomes the only acceptable evidence of ownership unless the vessel is remeasured, found to be less than five net tons, and no longer eligible for documentation.
(b) "Initial designation" means the designation by an individual licensee of a vessel to be used in a commercial fishery, for delivery of food fish or shellfish, or for charter fishing. Designation by that licensee on additional licenses is not "initial designation," and required evidence of ownership is the same as for continuing designation.
(c) "Continuing designation" means reapplication for a commercial license with no change in vessel designation.
(3) A licensee does not have to own the vessel being designated on the license. However, each licensee initially designating a vessel, except nontransferable emergency salmon delivery licensees, and every licensee continuing designation after the fourth continuous designation, must offer evidence of ownership. The following is the only acceptable evidence of ownership:
(a) For initial designation of a vessel measuring less than thirty-two feet in length, evidence of ownership may be either current state vessel registration or current documentation.
(b) For initial designation of a vessel thirty-two feet or greater in length, evidence of ownership is:
(i) Current documentation; or
(ii) Coast Guard verification that the vessel does not meet the minimum tonnage requirement for documentation (simplified admeasurement); or
(iii) Verification from the American Bureau of Shipping that the vessel does not meet the minimum tonnage requirement for documentation (formal admeasurement).
(c) For continuing designation of vessel less than thirty-two feet in length, evidence of ownership may be either current state vessel registration or current documentation.
(d) For continuing designation of a vessel between thirty-two and thirty-six feet in length, evidence of ownership is current state registration for vessels with state registration numbers or current documentation for documented vessels.
(e) For continuing designation of a vessel greater than thirty-six feet in length, evidence of ownership is:
(i) Current documentation; or
(ii) Coast Guard verification that the vessel does not meet the minimum tonnage requirement for documentation (simplified admeasurement); or
(iii) Verification from the American Bureau of Shipping that the vessel does not meet the minimum tonnage requirement for documentation (formal admeasurement).
(4) Every vessel designated to participate in a commercial fishery or to deliver food fish or shellfish must have the official Coast Guard documentation number, complete state registration number, or Alaska department of fish and game registration number permanently displayed in ten-inch tall numbers, or letters and numbers, of proportionate width, clearly visible from each side of the vessel. It is unlawful to participate in a commercial fishery or deliver food fish or shellfish without having such numbers displayed. This subsection does not apply to salmon guide, charter, or nontransferable emergency salmon delivery licensees, or to Canadian vessels delivering under a nonlimited entry delivery license.
[Statutory Authority: RCW 75.08.080. 94-23-059 (Order 94-162), § 220-20-051, filed 11/14/94, effective 12/15/94; 94-01-001, § 220-20-051, filed 12/1/93, effective 1/1/94.]
(1) If the business is a sole proprietorship, the designated operator must be the sole proprietor.
(2) If the business is a partnership, the designated operator must be a partner.
(3) If the business is a corporation, the designated operator must be a corporate officer.
(4) In addition to the designated operator, a license
holder ((who)) that is a business organization may designate
up to two alternate operators.
(5) A license holder ((which)) that is a business
organization may substitute the designated operator by
surrendering the fishery license card, redesignating the
operator under the criteria provided for in this section, and
paying the replacement license fee provided for in RCW
((75.28.030)) 77.65.050.
[Statutory Authority: RCW 75.08.080. 94-23-059 (Order 94-162), § 220-20-065, filed 11/14/94, effective 12/15/94.]
OTS-4548.1
AMENDATORY SECTION(Amending Order 92-89, filed 9/3/92,
effective 10/4/92)
WAC 220-88-020
Experimental fishery permits.
(1) The
director will issue experimental fishery permits after the
date the rules take effect designating a fishery as either an
emerging commercial fishery or an expanding commercial fishery
and establishing the number and qualifications of permit
holders ((take effect)).
(2) Only persons meeting the following requirements may hold an experimental fishery permit:
(a) The person must hold a commercial fishing license
under chapter ((75.28)) 77.65 RCW for the gear ((to)) that
will be used with the experimental fishery permit, or the
person must own a vessel that holds such a commercial fishing
license. An experimental fishery permit is supplemental to a
commercial fishing license, and may not be used unless the
fisher or the fisher's vessel is currently licensed.
(b) No person ineligible to hold a commercial fishing license will be issued an experimental fishery permit. The person must meet the qualifications established for the experimental fishery permit that the person seeks.
(c) In the event an emerging or expanding commercial fishery arises from a trial commercial fishery, the director shall consider whether a fisher making application for an experimental fishery permit had previously held a trial commercial fishery permit for that fishery.
(3) An experimental fishery permit will not be issued for
any species for which a license, endorsement, or validation
limitation has been established pursuant to chapter ((75.30))
77.70 RCW, or for any fishery under the jurisdiction of the
secretary of commerce.
(4) The director may at any time close an emerging or expanding commercial fishery for conservation reasons.
[Statutory Authority: RCW 75.08.080. 92-19-012 (Order 92-89), § 220-88-020, filed 9/3/92, effective 10/4/92.]
(2) The department will respond to any request for a trial commercial fishery permit within sixty days of receiving the application.
(3) Only persons who hold a commercial fishing license
under chapter ((75.28)) 77.65 RCW for the gear ((to)) that
will be used with the trial commercial fishery permit, or
persons who own a vessel that holds such a commercial fishing
license, are eligible to hold a trial commercial fishery
permit. A trial commercial fishery permit is supplemental to
a commercial fishing license, and may not be used unless the
fisher or the fisher's vessel is currently licensed.
(4) The director will issue a trial commercial fishery permit for a newly classified species only after the director has by rule classified the species as a food fish or shellfish in chapter 220-12 WAC. If emergency classification is required, the director will issue the trial commercial fishery permit only for the period of emergency classification, and will not renew the permit unless the department has received a request for permanent classification at least two weeks before the end of the permit period.
(5) The director may redesignate a trial commercial fishery as an emerging or expanding commercial fishery if the director finds that there is a need to limit participation. A trial commercial fishery permit for that fishery does not guarantee future eligibility for an experimental fishery permit.
(6) The director may at any time close a trial commercial fishery for conservation reasons.
[Statutory Authority: RCW 75.08.080. 92-19-012 (Order 92-89), § 220-88-040, filed 9/3/92, effective 10/4/92.]
OTS-4549.1
REPEALER
The following chapter of the Washington Administrative Code is repealed:
| WAC 232-14-010 | Hydraulic Code guidelines. |