WSR 13-10-083

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed May 1, 2013, 11:12 a.m. ]

Supplemental Notice to WSR 13-02-094.

Preproposal statement of inquiry was filed as WSR 12-18-008 on August 23, 2012, and WSR 13-06-063 on March 5, 2013.

Title of Rule and Other Identifying Information: WAC 220-56-235 Possession limits -- Bottomfish, 220-56-310 Shellfish -- Daily limits, 220-56-390 Squid, octopus and 220-20-100 General provisions -- Marine protected areas; and new sections in chapter 220-16 WAC, including WAC 220-16-881 through 220-16-887.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on June 7-8, 2013, at 8:30 a.m.

Date of Intended Adoption: On or after August 2, 2013.

Submit Written Comments to: Lori Preuss, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Lori.Preuss@dfw.wa.gov, fax (360) 902-2155, by May 31, 2013.

Assistance for Persons with Disabilities: Contact Tami Lininger by May 31, 2013, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal contains options for recreational octopus-harvest rules, including changing harvest seasons and/or locations; abolishing octopus harvest; creating new octopus-harvest rules; and making no changes to existing octopus rules. It also contains changes to WAC 220-56-235 Possession limits -- Bottomfish, relating to cabezon, shark, lingcod, and rockfish.

The Washington fish and wildlife commission held a public hearing on the cabezon rules in February 2013. However, the commission delayed adopting the rules to allow additional public comment. Those rules, as well as rules for shark, lingcod and rockfish, were included in WSR 13-02-094. Notice of forthcoming changes to the octopus rules was filed as WSR 13-06-063.

Reasons Supporting Proposal: The commission directed the department to consider changes to octopus harvest rules based on recommendations from the Giant Pacific Octopus Advisory Group. Changes to the harvest rules for octopus, cabezon, shark, lingcod, and rockfish are needed for species conservation and are based on department data, public feedback, and changes in fish and shellfish populations. The department makes similar adjustments annually to maximize conservation and recreational-fishing opportunity.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.055, and 77.12.047.

Statute Being Implemented: RCW 77.04.012, 77.04.013, 77.04.055, and 77.12.047.

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

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Charmane Ashbrook, 1111 Washington Street, Olympia, (360) 902-2672; Implementation: Jim Scott, 1111 Washington Street, Olympia, (360) 902-2736; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule amendments do not affect small business and do not directly regulate small business. The rules apply to recreational fishers.

A cost-benefit analysis is not required under RCW 34.05.328. These proposals do not affect hydraulics.

May 1, 2013

Joanna M. Eide

Administrative Regulations Analyst

OTS-5417.1

Option B1
AMENDATORY SECTION(Amending Order 09-27, filed 2/25/09, effective 5/1/09)

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 and Yellow and Low Island Preserve is closed to the taking of food fish.

(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 Z'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.

(g) The Saltwater State Park Marine Preserve is closed to all recreational harvest.

(h) The Redondo Beach Marine Preserve is closed to all recreational harvest.

[Statutory Authority: RCW 77.12.047. 09-06-042 (Order 09-27), 220-20-100, filed 2/25/09, effective 5/1/09. Statutory Authority: RCW 77.12.047 and 77.04.020. 07-16-056, 220-20-100, filed 7/26/07, effective 8/26/07. Statutory Authority: RCW 77.12.047. 07-05-051 (Order 07-22), 220-20-100, filed 2/16/07, effective 3/19/07; 05-09-009 (Order 05-52), 220-20-100, filed 4/7/05, effective 5/8/05; 02-08-048 (Order 02-53), 220-20-100, filed 3/29/02, effective 5/1/02.]

Option B2
AMENDATORY SECTION(Amending Order 09-27, filed 2/25/09, effective 5/1/09)

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 and Yellow and Low Island Preserve is closed to the taking of food fish.

(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 Z'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.

(g) The Saltwater State Park Marine Preserve is closed to all recreational harvest.

(h) The Redondo Beach Marine Preserve is closed to all recreational harvest.

(i) The Alki Beach Seacrest Coves 1, 2, and 3 Marine Preserve is closed to all recreational harvest.

[Statutory Authority: RCW 77.12.047. 09-06-042 (Order 09-27), 220-20-100, filed 2/25/09, effective 5/1/09. Statutory Authority: RCW 77.12.047 and 77.04.020. 07-16-056, 220-20-100, filed 7/26/07, effective 8/26/07. Statutory Authority: RCW 77.12.047. 07-05-051 (Order 07-22), 220-20-100, filed 2/16/07, effective 3/19/07; 05-09-009 (Order 05-52), 220-20-100, filed 4/7/05, effective 5/8/05; 02-08-048 (Order 02-53), 220-20-100, filed 3/29/02, effective 5/1/02.]

Option C
AMENDATORY SECTION(Amending Order 09-27, filed 2/25/09, effective 5/1/09)

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 and Yellow and Low Island Preserve is closed to the taking of food fish.

(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 Z'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.

(g) The Saltwater State Park Marine Preserve is closed to all recreational harvest.

(h) The Redondo Beach Marine Preserve is closed to all recreational harvest of giant Pacific octopus.

(i) The Three Tree Point Marine Preserve is closed to all recreational harvest of giant Pacific octopus.

(j) The Alki Beach Seacrest Coves 1, 2, and 3 Marine Preserve is closed to all recreational harvest of giant Pacific octopus.

(k) The Les Davis Marine Preserve is closed to all recreational harvest of giant Pacific octopus.

(l) The Alki Beach Junk Yard Marine Preserve is closed to all recreational harvest of giant Pacific octopus.

(m) The Days Island Marine Preserve is closed to all recreational harvest of giant Pacific octopus.

(n) The Deception Pass Marine Preserve is closed to all recreational harvest of giant Pacific octopus.

[Statutory Authority: RCW 77.12.047. 09-06-042 (Order 09-27), 220-20-100, filed 2/25/09, effective 5/1/09. Statutory Authority: RCW 77.12.047 and 77.04.020. 07-16-056, 220-20-100, filed 7/26/07, effective 8/26/07. Statutory Authority: RCW 77.12.047. 07-05-051 (Order 07-22), 220-20-100, filed 2/16/07, effective 3/19/07; 05-09-009 (Order 05-52), 220-20-100, filed 4/7/05, effective 5/8/05; 02-08-048 (Order 02-53), 220-20-100, filed 3/29/02, effective 5/1/02.]

OTS-5180.5


AMENDATORY SECTION(Amending Order 12-17, filed 2/16/12, effective 3/18/12)

WAC 220-56-235   Possession limits--Bottomfish.   It is unlawful to fish for, retain, or possess sixgill, sevengill, or thresher sharks. It is unlawful for any person to take in any day more than the following quantities of bottomfish for personal use. The possession limit at any time ((shall)) may not exceed the equivalent of two daily limits in fresh, frozen or processed form. Unless otherwise provided bottomfish fishing is open the entire year.

(1) Coastal (Catch Record Card Areas 1 through 4)(( - )): Limit 12 fish ((in the aggregate)) total, except limit 10 fish total east of the Bonilla-Tatoosh line(( - 10 fish in the aggregate)), of all species and species groups of bottomfish, which may include no more than:

(a) Lingcod(( - )): 2 fish((:

(i))). Minimum length is 22 inches in Catch Record Card Areas 1 through ((3)) 4.

(((ii) Minimum length 24 inches in Catch Record Card Area 4.))

(b) Rockfish(( - )): 10 fish. Release all canary and yelloweye rockfish. In Marine Area 4 east of the Bonilla-Tatoosh line: 6 fish. Only black or blue rockfish may be retained.

(c) Wolfeel(( - )): 0 fish from Catch Record Card Area 4.

(d) Cabezon(( - 2)): 1 fish. In Marine Area 4, the minimum size limit is 18 inches and all cabezon must be released from June 16 through April 30.

(2) Inner Puget Sound (Catch Record Card Areas 5 through 13):

(a) Catch Record Card Areas 5 and 6(( - )): 15 fish ((in the aggregate)) total of all species and species groups of bottomfish, which may include no more than:


Rockfish in Marine Area 5 except 1 fish May 1 through September 30. Only black or blue rockfish may be retained.
in Marine Area 5 west of Slip Point 3 fish. Only black or blue rockfish may be retained.
in Marine Area 6. 0 fish
Surfperch 10 fish
Pacific cod 2 fish
Pollock 2 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel 0 fish
Cabezon ((2)) 1 fish
Pacific hake 2 fish

(b) Catch Record Card Area 7(( - )): 15 fish ((in the aggregate)) total of all species of bottomfish, which may include no more than:

Rockfish 0 fish
Surfperch 10 fish
Pacific cod 2 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel 0 fish
Cabezon ((2)) 1 fish
Pollock 2 fish
Pacific hake 2 fish

(c) Catch Record Card Areas 8-1 through 11 and 13(( - )): 15 fish ((in the aggregate)) total of all species and species groups of bottomfish, which may include no more than:


Rockfish 0 fish
Surfperch 10 fish
Pacific cod 0 fish
Pollock 0 fish
Flatfish (except halibut) 15 fish
Lingcod 1 fish
Wolf-eel 0 fish
Cabezon ((2)) 1 fish
Pacific hake 0 fish

(d) Catch Area 12: Closed.

(e) It is unlawful to possess lingcod taken by angling ((less than)) that are under 26 inches in length or ((greater than)) over 36 inches in length. It is unlawful to possess lingcod taken by spear fishing ((greater than)) that are over 36 inches in length.

(f) ((It is unlawful to retain cabezon taken from Catch Record Card Areas 5 through 11 and 13 from December 1 through April 30.

(g) It is unlawful to retain six-gill shark taken from Catch Record Card Areas 5 through 13.

(h))) In Marine Areas 5 through 11 and 13, the minimum size limit for cabezon is 18 inches. All cabezon must be released in Catch Record Card Areas 5 through 11 and 13 from June 16 through April 30.

(g) In Catch Record Card Area 5, the daily limit for rockfish is the first legal rockfish caught, except west of Slip Point the daily limit for rockfish is the first three legal rockfish caught. Only black or blue rockfish may be retained. After the daily limit of rockfish is caught, all subsequent rockfish must be released.

(((i))) (h) In Catch Record Card Area 5, it is unlawful to take rockfish by spear fishing except when this area is open to spear fishing for lingcod.

[Statutory Authority: RCW 77.04.012 and 77.12.047. 12-05-082 (Order 12-17), 220-56-235, filed 2/16/12, effective 3/18/12. Statutory Authority: RCW 77.04.020, 77.12.045, 77.12.047, and C.F.R. Title 50, Part 660. 11-15-003 (Order 11-142), 220-56-235, filed 7/6/11, effective 8/6/11. Statutory Authority: RCW 77.04.020, 77.12.045, 77.12.047 and 50 C.F.R., Parts 223 and 224. 11-07-107 (Order 11-30), 220-56-235, filed 3/23/11, effective 4/23/11. Statutory Authority: RCW 77.12.047. 10-07-105 (Order 10-64), 220-56-235, filed 3/19/10, effective 5/1/10. Statutory Authority: RCW 77.12.047 and 77.65.200. 07-12-080, 220-56-235, filed 6/5/07, effective 7/6/07. Statutory Authority: RCW 77.12.047. 04-17-098 (Order 04-218), 220-56-235, filed 8/17/04, effective 9/17/04; 04-07-009 (Order 04-39), 220-56-235, filed 3/4/04, effective 5/1/04; 03-16-100 (Order 03-178), 220-56-235, filed 8/6/03, effective 9/6/03; 03-05-057 (Order 03-24), 220-56-235, filed 2/14/03, effective 5/1/03; 02-09-001 (Order 02-53A), 220-56-235, filed 4/3/02, effective 5/4/02; 01-06-036 (Order 01-24), 220-56-235, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 7. 00-17-016 (Order 00-139), 220-56-235, filed 8/3/00, effective 9/3/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-235, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), 220-56-235, filed 7/20/99, effective 8/20/99. Statutory Authority: RCW 75.08.080. 98-15-032 (Order 98-119), 220-56-235, filed 7/7/98, effective 8/7/98; 97-07-078 (Order 97-53), 220-56-235, filed 3/19/97, effective 5/1/97; 96-05-004 (Order 96-13), 220-56-235, filed 2/9/96, effective 5/1/96; 95-04-066 (Order 95-10), 220-56-235, filed 1/30/95, effective 5/1/95; 94-14-069, 220-56-235, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-235, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-235, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-235, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-235, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-235, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-235, filed 4/26/88; 85-09-017 (Order 85-20), 220-56-235, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-235, filed 4/11/84; 83-07-043 (Order 83-16), 220-56-235, filed 3/17/83; 80-07-017 (Order 80-45), 220-56-235, filed 6/11/80; 80-03-064 (Order 80-12), 220-56-235, filed 2/27/80, effective 4/1/80.]


AMENDATORY SECTION(Amending Order 10-64, filed 3/19/10, effective 5/1/10)

WAC 220-56-310   Shellfish -- Daily limits.   It is unlawful for any one person to take ((in any one day for personal use)) more than the following quantities and sizes of shellfish for personal use in any one day:

(1) Cockles, borers and clams in the shell, other than razor clams, geoduck clams and horse clams, 40 clams ((in the aggregate)) total, or 10 pounds, whichever is achieved first except:

(a) In Skagit Bay, east of a line projected from Browns Point to Swinomish Slough entrance(( - )): Diggers may additionally retain up to 20 pounds of eastern softshell clams in the shell.

(b) In Willapa Bay(( - )): Diggers may additionally retain up to ((twenty-four)) 24 cockles.

(2) Razor clams: 15 clams.

(3) Geoduck clams: 3 clams.

(4) Horse clams: 7 clams.

(5) Oysters: 18 oysters, shucked and the shells left on the beach. Minimum size before shucking two and one-half inches along the longest dimension of the shell.

(6) Rock scallops: 6 scallops.

(7) Weathervane scallops: 12 scallops (over 4 inches).

(8) Spiny and pink scallops: 10 pounds or 5 quarts in the shell, in the aggregate.

(9) Shrimp:

(a) In Areas 1((-)) through 3 and Area 4 west of the Bonilla-Tatoosh line(( - )): Total weight ((10)) 25 pounds, maximum ((80)) 200 spot shrimp as part of the ((10)) 25-pound limit.

(b) In Area 4 east of the Bonilla-Tatoosh line and Areas 5 (( - )) through 13(( - )): First Saturday in May through May 31, daily limit 80 shrimp((.)); during all other open periods total weight 10 pounds, maximum 80 spot shrimp as part of the 10-pound limit.

(10) Octopus:

(a) Marine Areas 1 through 3 and 4 west of the Bonilla-Tatoosh line: 1 octopus.

(b) Marine Areas 4 east of the Bonilla-Tatoosh line, 5 through 13: Closed.

(11) Pinto abalone: Closed statewide.

(12) Crawfish: 10 pounds in the shell. Minimum size is 3 1/4 inches from tip of rostrum to tip of tail. Female crawfish with eggs or young attached to the abdomen must be released immediately.

(13) Squid other than Humboldt squid: 10 pounds or 5 quarts. In addition a person may retain up to 5 Humboldt squid per day.

(14) Sea cucumbers: 25 sea cucumbers.

(15) Red sea urchins: 18 sea urchins.

(16) Purple sea urchins: 18 sea urchins.

(17) Green sea urchins: 36 sea urchins.

(18) Dungeness crab((s)):

(a) In Area 1 except when fishing from the north jetty of the Columbia River and Areas 2, 3, and 4 west of the Bonilla-Tatoosh line - 6 male crab((s)).

(b) In Area 4 east of the Bonilla-Tatoosh line, and Areas 5, 6, 7, 8-1, 8-2, 9, 10, 11, 12 and 13 - 5 male crabs.

(c) In the Columbia River upstream of a line from the outermost end of the north jetty to the exposed end of the south jetty, or when fishing from the north jetty of the Columbia River - 12 male crab((s)).

(19) Red rock crab((s)): 6 crab((s)).

(20) Mussels: 10 pounds in the shell, in the aggregate.

(21) Goose barnacles: 10 pounds of whole barnacles or 5 pounds of barnacle stalks.

(22) Ghost and mud shrimp: 10 dozen.

(23) King and box crab: Closed statewide.

(24) Tanner crab((s)): 6 crab((s)).

[Statutory Authority: RCW 77.12.047. 10-07-105 (Order 10-64), 220-56-310, filed 3/19/10, effective 5/1/10; 08-07-003, 220-56-310, filed 3/5/08, effective 4/5/08; 06-05-085 (Order 06-23), 220-56-310, filed 2/14/06, effective 5/1/06; 05-12-007 (Order 05-102), 220-56-310, filed 5/19/05, effective 6/19/05; 05-05-035 (Order 05-15), 220-56-310, filed 2/10/05, effective 5/1/05; 04-17-088 (Order 04-217), 220-56-310, filed 8/16/04, effective 9/16/04; 04-07-009 (Order 04-39), 220-56-310, filed 3/4/04, effective 5/1/04; 02-08-048 (Order 02-53), 220-56-310, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-310, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), 220-56-310, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), 220-56-310, filed 3/30/99, effective 5/1/99; 98-06-031, 220-56-310, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), 220-56-310, filed 3/19/97, effective 5/1/97; 95-04-066 (Order 95-10), 220-56-310, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), 220-56-310, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-310, filed 5/12/92, effective 6/12/92; 90-06-026, 220-56-310, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-310, filed 3/16/89; 88-12-025 (Order 88-28), 220-56-310, filed 5/25/88, effective 8/22/88; 88-10-013 (Order 88-15), 220-56-310, filed 4/26/88; 87-09-066 (Order 87-16), 220-56-310, filed 4/21/87; 86-24-046 (Order 86-190), 220-56-310, filed 11/26/86; 86-09-020 (Order 86-08), 220-56-310, filed 4/9/86; 85-12-046 (Order 85-57), 220-56-310, filed 6/5/85; 84-09-026 (Order 84-22), 220-56-310, filed 4/11/84; 83-04-027 (Order 83-06), 220-56-310, filed 1/27/83; 82-07-047 (Order 82-19), 220-56-310, filed 3/18/82; 80-03-064 (Order 80-12), 220-56-310, filed 2/27/80, effective 4/1/80.]

OTS-5416.1


AMENDATORY SECTION(Amending Order 06-67, filed 4/11/06, effective 5/12/06)

WAC 220-56-390   Squid, octopus.   (1) It is lawful to take, fish for or possess squid ((and octopus)) the entire year except closed year-round in Catch Record Card Area 12.

(2) It is unlawful to take, fish for or possess squid taken for personal use with more than one line. A maximum of four squid lures may be used. If gear utilizes conventional hooks, it shall not exceed a total of nine points. Herring rakes and hand dip net gear may be used to take squid. In the field each person taking squid must use a separate container to hold their catch. Violation of this subsection is an infraction, punishable under RCW 77.15.160.

(3) It is unlawful to take octopus in Marine Areas 4 east of the Bonilla-Tatoosh line through 13.

(4) It is unlawful to take octopus in Marine Areas 1, 2, 3 and 4 west of the Bonilla-Tatoosh line except by hand or by any instrument which will not penetrate or mutilate the body except that it is lawful to retain octopus taken while angling with hook and line gear. Violation of this subsection is an infraction, punishable under RCW 77.15.160.

(((4))) (5) It is unlawful to possess squid or octopus taken with gear that violates the provisions of this section. Possession of squid or octopus while using gear in violation of the provisions of this section is a rebuttable presumption that the squid or octopus were taken with such gear. Possession of such squid or octopus is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree -- Penalty, unless the squid or octopus are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree -- Penalty.

[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), 220-56-390, filed 4/11/06, effective 5/12/06; 04-17-098 (Order 04-218), 220-56-390, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-56-390, filed 1/30/95, effective 5/1/95; 94-14-069, 220-56-390, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-390, filed 3/31/93, effective 5/1/93; 83-07-043 (Order 83-16), 220-56-390, filed 3/17/83; 82-07-047 (Order 82-19), 220-56-390, filed 3/18/82; 80-03-064 (Order 80-12), 220-56-390, filed 2/27/80, effective 4/1/80.]

OTS-5415.1


NEW SECTION
WAC 220-16-881   Redondo Beach Marine Preserve.   "Redondo Marine Preserve" is defined as the waters, bed lands, and tidelands within the area described by a line starting from shore at 12219'27.69"W, 4720'55.64"N; then northwesterly to 12219'30.77"W, 4720'56.82"N; then to 12219'33.84"W, 4720'57.31"N; then northeasterly to 12219'29.78"W, 4721'02.32"N; then returning to shore at 12219'25.27"W, 4721'00.64"N.

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NEW SECTION
WAC 220-16-882   Three Tree Point Marine Preserve.   "Three Tree Point Marine Preserve" is defined as the waters, bed lands, and tidelands within the area described by a line starting from shore at 12222'48.68"W, 4727'06.46"N; then northwesterly to 12222'58.06"W, 4727'15.30"N; then northeasterly to 12222'36.99"W, 4727'25.51"N; then returning to shore at 12222'27.63"W, 4727'16.67"N.

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NEW SECTION
WAC 220-16-883   Alki Beach Seacrest Coves 1, 2 and 3 Marine Preserve.   "Alki Beach Seacrest Coves 1, 2 and 3 Marine Preserve" is defined as the waters, bed lands, and tidelands within the area described by a line starting from shore at 12222'38.72"W, 4735'13.52"N; then northeasterly and offshore to 12222'34.60"W, 4735'16.85"N; then northwesterly to 12222'48.62"W, 4735'27.55"N; then returning to shore at 12222'54.02"W, 4735'26.35"N. The preserve does not include waters within 150 feet of the Seacrest Public Fishing Pier as demarcated at the surface with buoys and on the sea floor by a perimeter line.

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NEW SECTION
WAC 220-16-884   Les Davis Marine Preserve.   "Les Davis Marine Preserve" is defined as the waters, bed lands, and tidelands within the area described by a line starting from shore at 12229'07.21"W, 4717'05.15"N; the northeasterly to 12229'0.97"W, 4717'10.57"N; then southeasterly to 12228'53.00"W, 4717'6.33"N; then returning to shore at 12228'58.77"W, 4717'1.07"N.

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NEW SECTION
WAC 220-16-885   Alki Beach Junk Yard Marine Preserve.   "Alki Beach Junk Yard Marine Preserve" is defined as the waters, bed lands, and tidelands within the area described by a line starting from shore at 12224'57.17"W, 4734'40.64"N; then northwesterly to 12225'03.25"W, 4734'50.03"N; then northeasterly to 12224'40.68"W, 4734'56.75"N; then returning to shore at 12224'34.48"W, 4734'47.34"N.

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NEW SECTION
WAC 220-16-886   Days Island Marine Preserve.   "Days Island Marine Preserve" is defined as the waters, bed lands, and tidelands within the area described by a line starting from shore at 12233'49.16"W, 4714'07.49"N; then west to 12234'01.41"W, 4714'07.58"N; then north to 12234'0.78"W, 4714'38.37"N; then returning to shore at 12233'47.22"W, 4714'38.21"N.

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NEW SECTION
WAC 220-16-887   Deception Pass Marine Preserve.   "Deception Pass Marine Preserve" is defined as the waters, bed lands, and tidelands east of a line starting at 12239'48.07"W, 4824'08.05"N and north to 12239'50.68"W, 4824'55.51"N; and west of a line starting at 12236'54.24"W, 4824'29.52"N; and north to 12236'54.73"W, 4824'48.92"N.

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