WSR 22-08-048
PERMANENT RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed March 31, 2022, 1:20 p.m., effective May 1, 2022]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To update commercial shellfish rules for improved efficiency and utility for managers and enforcement, flexibility for commercial fishing, alignment with comanagement agreements and conservation objectives, implement tools for emerging issues, and to address housekeeping needs. Updates reflect improved understanding of shellfish populations and fisheries managed by the department; evolution of harvest practices and patterns; emergence of newer technologies, ideas, and challenges; and evolution of comanagement agreement. Proposals affect dive fisheries (sea urchin, sea cucumber, scallop); crab; shrimp; crawfish; squid; octopus; and razor clam rules.
Citation of Rules Affected by this Order: New WAC 220-320-140 Commercial shrimp geographical management units—Puget Sound, 220-340-530 Commercial shrimp trawl fishery—Puget Sound and 220-352-355 Puget Sound scallop—Additional reporting requirements; repealing WAC 220-340-740 Sea cucumber license reduction program and 220-340-760 Sea urchin license reduction program; and amending WAC 220-320-010 Shellfish—Classification, 220-320-110 Puget Sound commercial crab regions, 220-320-120 Puget Sound shrimp districts, 220-340-020 Shellfish—Unlawful acts—Commercial, 220-340-030 Shellfish harvest logs, 220-340-060 Commercial shellfish pot gear—Escape mechanism required, 220-340-100 Commercial clam fishery—Gear, 220-340-420 Commercial crab fishery—Unlawful acts, 220-340-430 Commercial crab fishery—Gear requirements, 220-340-455 Commercial crab fishery—Seasons and area—Puget Sound, 220-340-470 Commercial crab fishery—Gear limits—Puget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas, 220-340-520 Commercial shrimp fishery—Puget Sound, 220-340-610 Commercial scallop fishery—Puget Sound, 220-340-700 Commercial crawfish fishery, 220-340-720 Commercial octopus fishery, 220-340-730 Commercial sea cucumber fishery, 220-340-750 Commercial sea urchin fisheries, 220-340-770 Commercial squid fishery, 220-352-340 Puget Sound crab—Additional reporting requirements, and 220-352-355 Puget Sound shrimp—Additional reporting requirements.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04-055 [77.04.055], 77.12.045, and 77.12.047.
Adopted under preproposal filed as WSR 20-22-110 on November 4, 2020; and notice filed as WSR 22-02-065 on January 5, 2022.
Changes Other than Editing from Proposed to Adopted Version: 1. A change from degree decimal minute coordinate format to decimal degree format.
2. Correction of accidentally-transposed maximum depth restrictions between Shrimp Areas 2E and 2W. The CR-102 incorrectly described the maximum depth restriction for nonspot shrimp pots in Area 2E as 150' and in Area 2W as 175'. The change corrects the depth restriction to 175' for Area 2E and 150' for Area 2W; WAC 220-340-520.
3. The extension of an existing requirement to register crab pot buoy colors in the coastal crab fishery to the Puget Sound crab fishery in WAC 220-340-430. This rule is intended to provide managers with a tool to understand potential whale entanglement interactions in Puget Sound fisheries, an emergent issue of increasing interest to managers, as well as providing enforcement with a tool to track potential gear theft issues. The buoy color registration requirement already exists in the coastal crab fishery and there is substantial overlap between coastal and Puget Sound license ownership (i.e. there is substantial overlap in the coastal and Puget Sound crab fisher constituencies). Further, there are already buoy registration requirements for Puget Sound—license holders are required to register their buoy brand number with the department; this simply also adds a buoy color registration requirement to that requirement. This requirement is not overly burdensome. Further, the agency conducted directed outreach to fishers regarding this specific change prior to the public hearing and received no comments nor public testimony regarding this change.
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 the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 3, Amended 20, Repealed 2.
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: March 18, 2022.
Barbara Baker
Commission Chair
OTS-3516.2
AMENDATORY SECTION(Amending WSR 19-13-013, filed 6/7/19, effective 7/8/19)
WAC 220-320-010ShellfishClassification.
The following species are classified as shellfish under RCW 77.12.047 and are subject to the provisions of this title:
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))gigantea
((Common))
Nuttall's/Heart cockle
Clinocardium nuttallii
Geoduck
Panopea ((abrupta))generosa
Horse or Gaper clam
Tresus nuttallii,
 
Tresus capax
Mud or soft shell clam
Mya arenaria
Manila clam
((Venerupis))Ruditapes (Venerupis) philippinarum
Piddock
Zirfaea pilsbryi
Razor clam
Siliqua patula
Rock or native littleneck
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)), Loliginidae, or Ommastrephidae)
Octopus
 
Octopus
Enteroctopus ((dolfleini))dofleini
Barnacles
Goose barnacle
Pollicipes polymerus
Shrimp
((Coonstripe))
Dock 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
Pandalus (Pandalopsis) dispar
Spot shrimp
Pandalus platyceros
Crab
Dungeness ((or Pacific)) crab
Metacarcinus (Cancer) magister
Red rock crab
Cancer productus
Tanner crab
Chionoecetes tanneri
King and box crab
Lopholithodes spp.
Blue king crab
Paralithodes platypus
Red king crab
Paralithodes camtschaticus
Golden king crab
Lithodes aequispinus
Crawfish
Crawfish
Pacifastacus sp.
Sea cucumber
California sea cucumber
((Parastichopus))Apostichopus (Parastichopus) californicus
Sea urchin
Green urchin
Strongylocentrotus
droebachiensis
Red urchin
Mesocentrotus (Strongylocentrotus)
franciscanus
Purple urchin
Strongylocentrotus purpuratus
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-320-120Puget Sound ((shrimp districts))Crustacean (crab and shrimp) Special Management Areas.
The following areas shall be defined as Puget Sound ((Shrimp Districts))Crustacean (crab and shrimp) Special Management Areas (CSMA):
(1) Discovery Bay:
(a) Crustacean Special Management Area: All waters of Marine Fish-Shellfish Management and Catch Reporting Area 25E - Discovery Bay south of a line from Diamond Point (48.0945°, -122.9152°) to Cape George (48.1034°, -122.8847°).
(b) Shrimp District(( - )): All waters of Catch Area 25E and those waters of Catch Area 25A south of a line from McCurdy Point (48.1358°, -122.8374°) on the Quimper Peninsula to the northern tip of Protection Island (48.1327°, -122.9285°), then to Rocky Point (48.0964°, -122.9754°)  on the Miller Peninsula((, and including all waters of Discovery Bay)).
(2) Dungeness Bay CSMA: All waters of Dungeness Bay west of the -123.1010° (123°06.6') longitude line originating from the New Dungeness Light (48.1818°, -123.1103°) extending southward to the cul-de-sac at the end of 3 Crabs Road on the mainland (48.1509°, -123.1212°).
(3) Everett Flats CSMA: That portion of Catch Area 26A-E (see WAC 220-320-110) east of a line from western edge of Howarth Park (47.9619°, -122.2441°) true north to the southern tip of Gedney (Hat) Island (48.0048°, -122.3060°) and that portion of 24B east of a line from the northern tip of Gedney (Hat) Island (48.0215°, -122.3274°) to Camano Head (48.0570°, -122.3580°) and south of a line drawn from Camano Head to Hermosa Point (48.0620°, -122.2935°) on the Tulalip reservation.
(((2) Hood Canal Shrimp District - All waters of Hood Canal south of the Hood Canal Floating Bridge.))(4) Port Angeles Harbor CSMA: That portion of Marine Fish-Shellfish Catch Area 23D west of a line from the Ediz Hook Light (48.1400°, -123.4025°) to the site of the ITT Rayonier Dock (48.1169°, -123.4083°).
(5) Port Townsend Bay CSMA: Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25D within a line projected from the Point Hudson Marina entrance to the northern tip of Indian Island (48.0853°, -122.7303°), thence to Kala Point (48.0575°, -122.7674°) and thence following the shoreline to the point of origin.
(6) Sequim Bay CSMA: All waters of Sequim Bay south of Travis Spit and a line west from the western tip of Travis Spit (Klapot Point) to the dock at the Pacific Northwest National Laboratory (48.0793°, -123.0452°).
NEW SECTION
WAC 220-320-140Commercial shrimp geographical management unitsPuget Sound.
Puget Sound commercial shrimp harvest management utilizes a hierarchy of geographical management units consisting of region, subregion, Marine Fish-Shellfish Management and Catch Reporting Area (catch area), and subarea. This section defines these units.
(1) The following areas are defined as Puget Sound Shrimp Management Regions and subregions:
(a) Region 1 - Trawl fishery: All waters of Catch Areas 20A, 20B, 21A, 21B, 22B, and 22A;
Region 1 - Pot fishery: All waters of Catch Areas 20A, 20B, 21A, 21B, 22B, and Catch Area 22A, except the southwesterly portion of Catch Area 22A south of a line true west from Lime Kiln Point Light (48.5159°, -123.1525°) on San Juan Island to the International Boundary, then south of the shoreline of San Juan Island from Lime Kiln Point Light to Cattle Point (48.4501°, -122.9636°), then south of a line from Cattle Point to Davis Point (48.4559°, -122.9355°) on Lopez Island, and south of the shoreline of Lopez Island from Davis Point to Point Colville (48.4217°, -122.8131°; see (d) of this subsectionRegion 3).
(i) Subregion 1A: All waters of Catch Area 20B west of a line from Point Doughty (48.7117°, -122.9492°) on Orcas Island to the bell buoy (48.7649°, -123.0145°) at the International Boundary and all waters of Catch Area 22A west of a line projected true north and south from the western tip of Crane Island (48.5975°, -123.0078°), west of a line projected from the number 4 marker (48.5223°, -122.9173°) at the entrance to Fisherman Bay to the southern tip of Shaw Island (48.5466°, -122.9487°), and north of a line true west from Lime Kiln Point Light (48.5159°, -123.1525°) on San Juan Island to the International Boundary.
(ii) Subregion 1B: All waters of Catch Area 20B east of a line from Point Doughty (48.7117°, -122.9492°) on Orcas Island to the bell buoy at the International Boundary (48.7649°, -123.0145°), and waters of Catch Area 22A east of a line projected true north and south from the western tip of Crane Island (48.5975°, -123.0078°), east of a line projected from the number 4 marker (48.5223°, -122.9173°) at the entrance to Fisherman Bay to the southern tip of Shaw Island (48.5466°, -122.9487°), and east of a line projected true south from Point Colville (48.4217°, -122.8131°), and all waters of Catch Area 21A north and west of a line from the southern tip of Sinclair Island (48.6097°, -122.6572°) to Carter Point (48.6404°, -122.6088°) at the southern tip of Lummi Island.
(iii) Subregion 1C: All waters of Catch Areas 20A, 21B, 22B, and those waters of Catch Area 21A not included in Subregion 1B.
(b) Region 2-East (2E): All waters of Catch Areas 24A, 24B, 24C, 24D, and Subarea 26A-E (east; subareas defined in subsections (2) and (3) of this section).
(c) Region 2-West (2W): Waters of Catch Areas 25B, 25C, 25D, and Subarea 26A-W (west).
(d) Region 3 - Trawl fishery: All waters of Catch Areas 23A, 23B, 23C, 23D, 25A, 25E, and 29.
Region 3 - Pot fishery: All waters of Catch Areas 23A, 23B, 23C, 23D, 25A, 25E, 29, and the southwesterly portion of Catch Area 22A south of a line true west from Lime Kiln Point Light (48.5159°, -123.1525°) on San Juan Island to the International Boundary, then south of the shoreline of San Juan Island from Lime Kiln Point Light to Cattle Point (48.4501°, -122.9636°), then south of a line from Cattle Point to Davis Point (48.4559°, -122.9355°) on Lopez Island, and south of the shoreline of Lopez Island from Davis Point to Point Colville (48.4217°, -122.8131°).
(e) Region 4: All waters of Catch Area 26C and 26B, which is divided into Subareas 26B-1 and 26B-2 (subareas defined in subsection (2) of this section).
(f) Region 5: All waters of Catch Areas 27A, 27B, and 27C.
(g) Region 6: All waters of Catch Areas 26D, 28A, 28B, 28C, and 28D.
(2) The following areas are defined as Puget Sound Commercial Shrimp Subareas, shrimp pot harvest: For purposes of Puget Sound shrimp pot harvest allocation, fishing season, and catch reporting, catch areas (WAC 220-301-040) are modified as follows:
(a) That portion of Catch Area 22A south of a line true west from Lime Kiln Point Light (48.5159°, -123.1525°) on San Juan Island to the International Boundary, then south of the shores of San Juan Island from Lime Kiln Point Light to Cattle Point (48.4501°, -122.9636°), then south of a line from Cattle Point to Davis Point on Lopez Island (48.4559°, -122.9355°), and south of the shoreline of Lopez Island from Davis Point to Point Colville (48.4217°, -122.8131°) shall be considered to be part of Catch Area 23A.
(b) Catch Area 23A is divided into four subareas:
(i) Subarea 23A-E (east): All waters of Catch Area 23A east of -122.9500° (122°57'W) longitude and north of 48.3750° (48°22.5'N) latitude.
(ii) Subarea 23A-W (west): All waters of Catch Area 23A west of -122.9500° (122°57'W) longitude and north of 48.3750° (48°22.5'N) latitude.
(iii) Subarea 23A-C (central): All waters of Catch Area 23 south of 48.3750° (48°22.5'N) latitude and east of a line projected 335° true from the New Dungeness Lighthouse (48.1818°, -123.1103°).
(iv) Subarea 23A-S (south): All waters of Catch Area 23A west of a line projected 335° true from the New Dungeness Lighthouse (48.1818°, -123.1103°).
(c) Catch Area 26A is divided into two subareas:
(i) Subarea 26A-E (east): All waters of Catch Area 26A north and east of a line projected 110° true from the southern tip of Possession Point (47.9061°, -122.3846°) on Whidbey Island to the shipwreck located 0.8 nautical miles north of Picnic Point (47.8931°, -122.3286°) on the opposite shore.
(ii) Subarea 26A-W (west): All waters of Catch Area 26A south and west of a line projected 110° true from the southern tip of Possession Point (47.9061°, -122.3846°) on Whidbey Island to the shipwreck located 0.8 nautical miles north of Picnic Point (47.8931°, -122.3286°) on the opposite shore.
(d) Catch Area 26B is divided into two subareas:
(i) Subarea 26B-1: All waters of Catch Area 26B westerly of a line projected from West Point (47.6619°, -122.4348°) to Alki Point (47.5763°, -122.4199°).
(ii) Subarea 26B-2: All waters easterly of a line projected from West Point (47.6619°, -122.4348°) to Alki Point (47.5763°, -122.4199°).
(3) The following areas are defined as Puget Sound Shrimp Subareas, shrimp trawl harvest: For the purpose of Puget Sound shrimp trawl harvest allocation and catch reporting, catch areas (WAC 220-301-040) are modified as follows:
(a) Trawl Subarea 23A East: That portion of Catch Area 23A, east of a line projected true north from the New Dungeness Lighthouse (48.1818°, -123.1103°) to the International Boundary.
(b) Trawl Subarea 23A West: That portion of Catch Area 23A, west of a line projected true north from the New Dungeness Lighthouse (48.1818°, -123.1103°) to the International Boundary.
(4) In shrimp Subregions 1A, 1B, and 1C, all catch must be reported by catch area and subregion combined (for example 22A-1A).
OTS-3517.2
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-320-110((Puget sound crab management regions.))Commercial crab geographical management unitsPuget Sound.
((The following areas are defined as Puget Sound Crab Management Regions:
(1) Crab Management Region 1 - (North Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B.
(2) Crab Management Region 2-East - (Eastern Central Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, and 26A-E (see WAC 220-340-455).
(3) Crab Management Region 2-West - (Western Central Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D, and 26A-W (see WAC 220-340-455).
(4) Crab Management Region 3, subarea 3-1 - (Eastern Strait of Juan de Fuca). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B.
(5) Crab Management Region 3, subarea 3-2 - (Central Strait of Juan de Fuca). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A, and 25E.
(6) Crab Management Region 3, subarea 3-3 - (Western Strait of Juan de Fuca). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23C and 29.
(7) Crab Management Region 4 - (Southern Central Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26B and 26C.
(8) Crab Management Region 5 - (Hood Canal). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25C, 27A, 27B, and 27C.
(9) Crab Management Region 6 - (South Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26D, 28A, 28B, 28C, and 28D.))
For purposes of crab harvest management, Puget Sound commercial crab uses a hierarchy of geographical management units consisting of region, subregion, Marine Fish-Shellfish Management and Catch Reporting Area (catch area), and subarea. This section defines these units.
(1) The following areas are defined as Puget Sound Crab Management Regions and Subregions:
(a) Region 1 - (North Puget Sound): All waters of Catch Areas (see WAC 220-301-040) 20A, 20B, 21A, 21B, 22A, and 22B.
(b) Region 2-East (2E) - (Eastern Central Puget Sound): All waters of Catch Areas 24A, 24B, 24C, 24D, and Subarea 26A-E (subareas defined in subsection (2) of this section).
(c) Region 2-West (2W) - (Western Central Puget Sound): All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D, and Subarea 26A-W.
(d) Region 3: All waters within Catch Areas 23A, 23B, 23C, 23D, 25A, 25E, and 29.
(i) Subregion 3-1 - (Eastern Strait of Juan de Fuca): All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B.
(ii) Subregion 3-2 - (Southeastern Strait of Juan de Fuca): All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A, and 25E.
(iii) Subregion 3-3 - (Central Strait of Juan de Fuca): All waters of Subarea 23C-East.
(iv) Subregion 3-4 - (Western Strait of Juan de Fuca): All waters of Subarea 23C-West and Catch Area 29.
(e) Region 4 - (Southern Central Puget Sound): All waters of Catch Areas 26B and 26C.
(f) Region 5 - (Hood Canal): All waters of Catch Areas 25C, 27A, 27B, and 27C.
(g) Region 6 - (South Puget Sound): All waters of Catch Areas 26D, 28A, 28B, 28C, and 28D.
(2) The following areas are defined as Puget SoundCommercial Crab Subareas: For purposes of Puget Sound Crab harvest allocation, fishing season, and catch reporting, Marine Fish-Shellfish Management and Catch Reporting Areas (catch areas; WAC 220-301-040) are modified as follows:
(a) Catch Area 23C is divided into two subareas:
(i) Crab Subarea 23C-East (23C-E): All waters of Puget Sound westerly of a line true north from Ediz Hook Light (48.1400°, -123.4025°) to the International Boundary; and easterly of a line projected true north from Low Point (48.1608°, -123.8268°).
(ii) Crab Subarea 23C-West (23C-W): All waters of Puget Sound westerly of a line true north from Low Point (48.1608°, -123.8268°) to the International Boundary; and easterly of a line projected true north from the mouth of the Sekiu River (48.2878°, -124.3954°).
(b) Catch Area 26A is divided into two crab subareas:
(i) Crab Subarea 26A-East (26A-E): All waters of Puget Sound south of a line from Sandy Point (on Whidbey Island; 48.0342°, -122.3764°) to Camano Head (48.0570°, -122.3580°) and from Camano Head to the northern tip of Gedney (Hat) Island (48.0215°, -122.3274°), and from the southern tip of Gedney (Hat) Island (48.0048°, -122.3580°) east to the mainland (to near the northern end of the Everett 10th St. Marina, 48.0048°, -122.2219°), and north and east of a line that extends from the southern tip of Possession Point (47.9061°, -122.3846°) to the shipwreck located 0.8 nautical miles north of Picnic Point (47.8931°, -122.3286°) on the opposite shore.
(ii) Crab Subarea 26A-West (26A-W): All waters of Puget Sound south and east of a line from Foulweather Bluff (47.9392°, -122.6139°) to Double Bluff (47.9677°, -122.5460°), and northerly of a line from Apple Cove Point (47.8146°, -122.4834°) to Point Edwards (47.8027°, -122.3943°), and south and west of a line that extends from the southern tip of Possession Point (47.9061°, -122.3846°) to the shipwreck located 0.8 nautical miles north of Picnic Point (47.8931°, -122.3286°).
OTS-3518.2
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-020ShellfishUnlawful actsCommercial.
(1) It is unlawful to take oysters or clams for commercial purposes from tidelands reserved for public use unless authorized by a permit issued by the director.
(2)(((a))) It is unlawful to take shellfish for commercial purposes from state oyster reserves without permission of the director ((of fisheries)).
(((b))) Licensing: An oyster reserve fishery license is the license required to take shellfish for commercial purposes from state oyster reserves.
(3) All geoduck, sea cucumber, sea urchin, scallop, and mechanical clam harvester vessels shall be issued ((an identification))a harvester number. ((It is unlawful to fail to place))This number must be placed in a visible location on each side of the vessel and on the top of the cabin or deck awning to be visible from the air. A sign board or banner arranged so the numbers can be seen at all times from directly overhead may be substituted if the vessel does not have a fixed roof. The numbers ((shall))must be black on a white background ((and shall be not less than)), at least 18 inches high, and ((of proportionate width))of a stroke width of 1/6 the height of the characters.
(4) It shall be unlawful for a commercial clam digger to harvest clams from intertidal ground without having on his person a signed authorization from the registered clam farmer for whom he is harvesting. The digger will also be required to have suitable personal identification with him when engaged in clam harvesting. The authorization from the registered clam farmer must be legible, dated and must contain the date on which the authorization expires, provided that in no instance may the authorization go beyond the end of any calendar year. The authorization must additionally contain the name of each bay or area where the registered clam farmer has owned or leased ground from which the named clam digger is authorized to harvest.
(5)(((a))) It is unlawful to fish for or possess ghost or mud shrimp taken for commercial purposes unless authorized by a permit issued by the director.
(((b))) Licensing: A burrowing shrimp fishery license is the license required to take ghost or mud shrimp for commercial purposes.
(6) It is unlawful to set any shellfish pot gear such that the pot is not covered by water at all tide levels.
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-030Shellfish harvest logs.
(1) Logbook requirement: It is unlawful for any vessel operator engaged in the commercial harvest of crawfish, sea cucumber, sea urchin, scallop, shrimp ((other than ocean pink shrimp)), or squid to fail to obtain and accurately and completely maintain the appropriate harvest log available from the Washington department of fish and wildlife. It is unlawful for any license holder engaged in commercial sand shrimp fishing or operator of mechanical clam digging device to fail to obtain and accurately and completely maintain the appropriate harvest log available from the Washington department of fish and wildlife.
(2) Logbook maintenance: It is unlawful for any harvest vessel operator or license holder engaged in harvest as described in subsection (1) of this section, to fail to maintain the required harvest log: Aboard the vessel; at the harvest site; when crawfish, sea cucumbers, sea urchins, shrimp ((other than ocean pink shrimp)), squid, scallops, clams, or sand shrimp are aboard during transit of a harvest vessel((;)), or are in possession of the license holder.
(3) Logbook submission and retention: It is unlawful for the vessel operator or license holder, engaged in harvest as described in subsection (1) of this section, to fail to submit harvest logs for inspection upon request by department of fish and wildlife officers or authorized employees.
(4) It is unlawful for any vessel operator or license holder, engaged in harvest as described in subsection (1) of this section, to fail to comply with the following methods of logbook submittal and time frames related to harvest logbook submittal:
(a) Within ((ten))10 days following any calendar month in which fishing occurred, required completed harvest logs must be received by the department; however, vessel operators or license holders may submit logs directly to authorized department employees.
(b) Vessel operators or license holders responsible for submitting logs to the department, as described in subsection (1) of this section, must maintain a copy of all submitted logs for a period of three years following the harvest activity. Copies of harvest logs, which are required to be maintained, must be available for inspection upon request by department of fish and wildlife officers and authorized employees.
(c) Original harvest logs must be maintained and submitted in ascending consecutive order of log serial number.
(5) It is unlawful for any vessel operator or license holder, engaged in harvest as described in subsection (1) of this section, to fail to send completed harvest logs to the appropriate following mailing address, except as provided for in subsection (4)(a) of this section.
For Puget Sound Shrimp Harvest Logbooks:
ATTN: PUGET SOUND SHRIMP HARVEST MANAGER
Washington Department of Fish and Wildlife
((Point Whitney Shellfish Laboratory
1000 Point Whitney Road
Brinnon, WA 98320-9799.))
375 Hudson St.
Port Townsend, WA 98368.
For Coastal Shrimp Harvest Logbooks:
ATTN: COASTAL SHRIMP HARVEST MANAGER
Washington Department of Fish and Wildlife
48 Devonshire Rd.
Montesano, WA 98563.
For Crawfish Harvest Logbooks:
ATTN: FISH PROGRAM - CRAWFISH HARVEST MANAGER
Washington Department of Fish and Wildlife
((600 Capitol Way North))
P.O. Box 43150
Olympia, WA ((98501-1091))98504-3150.
For Sea Urchin and Sea Cucumber Harvest Logbooks:
ATTN: FISH PROGRAM - SEA URCHIN/SEA CUCUMBER HARVEST MANAGER
Washington Department of Fish and Wildlife
((600 Capitol Way North))
P.O. Box 43150
Olympia, WA ((98501-1091))98504-3150.
For Clam (harvest with mechanical digging devices) Harvest Logbooks:
ATTN: FISH PROGRAM - GEODUCK HARVEST MANAGER
Washington Department of Fish and Wildlife
((600 Capitol Way North))
P.O. Box 43150
Olympia, WA ((98501-1091))98504-3150.
For Scallop Harvest Logbooks:
ATTN: FISH PROGRAM - SCALLOP HARVEST MANAGER
Washington Department of Fish and Wildlife
((600 Capitol Way North))
P.O. Box 43150
Olympia, WA ((98501-1091))98504-3150.
For Squid (Coastal waters) Harvest Logbooks:
ATTN: FISH PROGRAM - COASTAL SQUID HARVEST MANAGER
Washington Department of Fish and Wildlife
((600 Capitol Way North))
P.O. Box 43150
Olympia, WA ((98501-1091))98504-3150.
For Squid (Puget Sound waters) Harvest Logbooks:
ATTN: PUGET SOUND SQUID HARVEST MANAGER
Washington Department of Fish and Wildlife
375 Hudson St.
Port Townsend, WA 98368.
For Coastal Sand Shrimp Harvest Logbooks:
ATTN: COASTAL SAND SHRIMP HARVEST MANAGER
Washington Department of Fish and Wildlife
P.O. Box 190
Ocean Park, WA 98640-0190.
For Puget Sound Sand Shrimp Harvest Logbooks:
ATTN: PUGET SOUND SAND SHRIMP HARVEST MANAGER
Washington Department of Fish and Wildlife
((P.O. Box 1100
LaConner, WA 98257.))
375 Hudson St.
Port Townsend, WA 98368.
(6) It is unlawful for ((vessel operators engaged in commercial harvest of shrimp (other than Puget Sound shrimp or sand shrimp) or crawfish with shellfish pot or ring net gear))any harvest vessel operator or license holder engaged in harvest as described in subsection (1) of this section to fail to permanently and legibly record in ink the following information within the following time frames:
(a) Shrimp (other than Puget Sound shrimp or sand shrimp) or crawfish with shellfish pot gear:
(i) Before leaving the catch area where harvest occurred, record the vessel Washington department of fish and wildlife boat registration number, number of pots ((or ring nets)) pulled, date pulled, soak time, and gear location; and
(((b)))(ii) Immediately after delivery of shellfish to an original receiver, record the weight of all shellfish.
(((7) It is unlawful for vessel operators engaged in commercial harvest of shrimp (other than ocean pink shrimp)))(b) Shrimp with beam trawl or shrimp trawl gear((, to fail to permanently and legibly record in ink onto the department-supplied harvest log, the following information within the following time frames)):
(((a)))(i) Before commencing a new tow or prior to leaving the site where the catch was taken, record the vessel identity, current date of fishing activity, location fished, trawl width, Marine Fish-Shellfish Management and Catch Reporting Area fished, depth fished, latitude and longitude to the nearest hundredth of a minute at the beginning of each tow, tow speed, duration of tow, and estimated weight of shrimp of each species caught for each tow.
(((b)))(ii) Immediately after delivery of shrimp to an original receiver, or before leaving the last catch site of the day if the operator holds a wholesale fish dealer's license and is the original receiver, record the fish receiving ticket serial number.
(((8) It is unlawful for vessel operators engaged in commercial harvest of sea urchins or sea cucumbers to fail to permanently and legibly record in ink the following information within the following time frames))(c) Sea urchins and sea cucumbers:
(((a)))(i) Before leaving the harvest site, record the vessel identity, date, Marine Fish-Shellfish Catch Reporting Area fished, location fished, depth fished, latitude and longitude to the nearest tenth of a minute or to the nearest second, and the approximate weight in pounds of sea urchins or sea cucumbers harvested.
(((b)))(ii) Upon landing or delivery to an original receiver, the exact species and weight of sea urchins, as recorded on the shellfish receiving ticket, must be recorded.
(((c)))(iii) Upon landing or delivery to an original receiver, the exact weight of sea cucumbers, as recorded on the shellfish receiving ticket, and whether or not prelanded processing occurred ("whole-live" or "split-drained"), must be recorded.
(((9) It is unlawful for license holders engaged in commercial harvest of clams with mechanical digging devices to fail to permanently and legibly record in ink the following information within the following time frames))(d) Clams, with mechanical digging devices:
(((a)))(i) Before the end of each day's fishing and departure from the harvest grounds, record the vessel identity if a harvest vessel is used in harvest operation, exact location by latitude and longitude to the nearest thousandths of a minute (recorded in WGS 84 datum), and date of harvest.
(((b)))(ii) Weight by each clam species in pounds upon landing or delivery to an original receiver.
(((c)))(iii) Weight in pounds of each clam species caught and returned to the harvest grounds.
(((10) It is unlawful for vessel operators engaged in commercial harvest of scallops to fail to permanently and legibly record in ink the following information within the following time frames))(e) Scallops:
(((a)))(i) Before leaving the location where the catch was taken, record the vessel identity, date, location, and duration of harvest and estimated weight in pounds and species of scallops caught for each tow or dive hour.
(((b)))(ii) Upon landing or delivery to an original receiver, the exact weight in pounds, as recorded on the shellfish receiving ticket, and species of harvested scallops.
(((11) It is unlawful for vessel operators engaged in commercial harvest of))(f) Squid, except when taken incidental to any other lawful fishery((, to fail to permanently and legibly record in ink the following information within the following time frames)):
(((a)))(i) Coastal:
(A) Before leaving the Marine Fish-Shellfish Management and Catch Reporting Area where taken, the vessel's Washington department of fish and wildlife boat registration number, gear type, catch area, starting and ending time of fishing, and numbers of other species caught and returned.
(((b)))(B) Weight in pounds of squid upon landing or delivery to an original receiver.
(((12) It is unlawful for license holders engaged in commercial harvest of))(ii) Puget Sound:
(A) Before leaving the Marine Fish-Shellfish Management and Catch Reporting Area where taken, the vessel's Washington department of fish and wildlife boat registration number, gear type, catch area, location (nearest landmark, bay, or GPS coordinates), starting and ending time of fishing, total vessel wattage or lumens of attracting lights, and numbers of other species caught and returned.
(B) Weight in pounds of squid upon landing or delivery to an original receiver.
(g) Sand shrimp, except when taken incidental to other lawful fishery((, to fail to permanently and legibly record in ink the following information within the following time frames)):
(((a)))(i) Prior to leaving the harvest site, the location or identification number of the harvest tract, date of harvest, number of trenches pumped, average length and width of trenches (yards), total number of sand shrimp retained (dozens).
(((b)))(ii) At the time of delivery to an original receiver, total number of sand shrimp sold (dozens), and the name of the sand shrimp buyer.
(((13) It is unlawful for vessel operators engaged in commercial harvest of))(h) Shrimp (other than sand shrimp), using shellfish pot gear in Puget Sound((, to fail to permanently and legibly record in ink onto the department-supplied harvest logs, the following information within the following time frames)):
(((a)))(i) Prior to leaving the harvest site, the name of vessel operator, license number, the vessel's Washington department of fish and wildlife boat registration number, buoy brand, date, phone number, pot mesh size, pull date, groundline length, number of pots pulled, ((pot mesh size,)) depth fished, soak time, gear location (including latitude and longitude to the nearest hundredth of a minute), Shrimp Management Unit fished (region, subregion, catch area, subarea), species targeted, ((and))sorted catch estimates, weight(s) in pounds of catch, and shellfish receiving ticket number. A separate weight for each species caught and retained must be recorded. ((When single pots are fished an entry is required for each pot site. When two or more pots are fished on a common ground line the catch site must be recorded at the location of the last pot on the ground line that is pulled.))Any time that gear is deployed the location must be recorded. For pots deployed on a ground line both the start and end locations must be provided.
(((b)))(ii) Immediately after delivery of shrimp to an original receiver, or before leaving the last catch site of the day if the operator holds a wholesale fish dealer's license or limited fish seller endorsement and is the original receiver, record the fish receiving ticket serial number.
(((14) It is unlawful for vessel operators engaged in commercial harvest of shrimp from Puget Sound with shellfish pot gear to fail to report their daily catch by telephone before leaving the last catch site fished each day, in the following manner:
(a) For harvest in Shrimp Management Areas 1A, 1B, 1C, or 2, reports must be made to the voice recorder at the La Conner district office: 360-446-4345 ext 245.
(b) For harvest in Shrimp Management Areas 3, 4, or 6, reports must be made to the voice recorder at the Point Whitney shellfish laboratory: 360-796-4601 ext 800.
(c) All reports must specify the fisher's name, estimated total number of pounds of each shrimp species in possession, number of pots fished, number of pot pulls (pots multiplied by pulls), the Marine Fish-Shellfish Management and Catch Reporting Area where shrimp were harvested, and the port or name of vessel where the catch will be landed or sold.
(15)))(7) Violation of this section as it relates to failing to report required information or failing to submit log books is punishable under RCW 77.15.280 reporting of fish or wildlife harvest. Violation of this section as it relates to knowingly providing false or misleading information is punishable under RCW 77.15.270, providing false information.
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-060Commercial shellfish pot gearEscape mechanism required.
It is unlawful to fish for or possess crab, shrimp, or crawfish taken for commercial purposes with shellfish pot gear unless the gear allows for escapement using at least one of the following methods:
(1) Attachment of pot lid hooks or tiedown straps with a single strand or loop of untreated cotton twine ((or other natural fiber)), hemp, jute, or sisal no larger than thread size 120 so that the pot lid will open freely if the twine or fiber is broken. It is permissible to use a single strand of cotton twine or ((other natural fiber))hemp, jute, or sisal tied together at the ends so that it can be looped between the tie down straps and the lid hook to connect them together.
(2) Providing an opening in the pot mesh no less than three inches by five inches and laced or sewn closed with one single strand of untreated cotton twine ((or other natural fiber)), hemp, jute, or sisal no larger than thread size 120. The single strand of ((cotton))twine or fiber may not be wrapped multiple times or doubled in any way when lacing or sewing the wire mesh closed. The opening must be located within the top half of the pot and be unimpeded by the entry tunnels, bait boxes, or any other structures or materials.
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-100Commercial clam fisheryGear.
It is unlawful to take, dig for, or possess clams, geoducks, or mussels taken for commercial purposes from any of the tidelands in the state of Washington except with a pick, mattock, fork or shovel operated by hand, except:
(1) Permits for the use of mechanical clam digging devices to take clams other than geoducks may be obtained from the director of the department of fish and wildlife (DFW), subject to the following conditions:
(a) All mechanical devices used to take or harvest shellfish must be approved by the director of DFW.
(b) A separate permit is required for each device used to take or harvest shellfish, and the permit must be attached to the specific unit the permit applies to at all times.
(c) All clams taken for commercial use must be of legal size and in season during the proposed operations unless otherwise provided in specially authorized permits for the transplanting of seed to growing areas or for research purposes.
(d) The holder of a permit to take shellfish from tidelands by mechanical means must limit operations to privately owned or leased land.
(e) Taking clams that lie in or on the substrate under navigable water below the level of mean lower low water by any mechanical device is prohibited except as authorized by the director of DFW.
(i) Within the enclosed bays and channels of Puget Sound, Strait of Juan de Fuca, Grays Harbor and Willapa Harbor, the operators of all mechanical devices must confine their operations to substrate-leased from the Washington department of natural resources, subject to the approval of the director of DFW.
(ii) It is unlawful to harvest shellfish that lie in or on the substrate of the Pacific Ocean westward from the western shores of the state in waters less than ((2))two fathoms deep at mean lower low water. The director of DFW may reserve all or portions of the substrate in waters more than ((2))two fathoms deep and prevent the taking of shellfish in any quantity from those reserves.
(f) Noncompliance with any part of this section or with special requirements of individual permits results in immediate cancellation and/or subsequent nonrenewal of all permits held by the operator.
(g) Applications for permits to use mechanical clam digging devices must be made on the forms provided by DFW, and permits must be in the operator's possession before digging commences.
(h) All permits to take or harvest shellfish by mechanical means expire on December 31 of the year of issue.
(i) All mechanical clam harvesting machines must have approved instrumentation that provides deck readout of water pressure.
(j) All clam harvest machines operating on intertidal grounds where less than 10 percent of the substrate material is above 500 microns in size must be equipped with a propeller guard suitable for reducing the average propeller wash velocity at the end of the guard to approximately 25 percent of the average propeller wash velocity at the propeller. The propeller guard must also be positioned to provide an upward deflection to propeller wash.
(k) Clam harvest machines operating in fine substrate material where less than 10 percent of the substrate material is above 500 microns in size, must have a maximum harvest head width of ((3))three feet (overall) and the maximum pump volume as specified by DFW, commensurate with the basic hydraulic relationship of 828 gpm at 30 pounds per square inch, pressure to be measured at the pump discharge.
(l) Clam harvest machines operating in coarser substrate material where more than 10 percent of the substrate material is above 500 microns in size, must have a maximum harvest head width of ((4))four feet (overall) and a maximum pump volume as specified by DFW, commensurate with a basic hydraulic relationship of 1,252 gpm at 45 pounds per square inch, pressure to be measured at the pump discharge.
(m) All clam harvest machine operators must submit accurate performance data showing revolutions per minute, gallons per minute, and output pressure for the water pump on their machine. In addition, they must furnish the number and sizes of the hydraulic jets on the machines. If needed, the operator will thereafter modify the machine (install a sealed pressure relief valve) as specified by DFW to conform with values set forth in this section. Thereafter, it is illegal to make unauthorized changes to the clam harvester water pump or the hydraulic jets. Exact description of the pump volume, maximum pressure and number and size of the hydraulic jet for each harvester machine must be included in the DFW's clam harvest permit.
(n) All clam harvest machines must be equipped with a 3/4-inch pipe thread tap and valve that will allow rapid coupling of a pressure gauge for periodic testing by enforcement officers.
(o) Each mechanical clam harvester must have controls arranged and situated near the operator to allow the operator to immediately cut off the flow of water to the jet manifold without affecting the capability of the vessel to maneuver.
(p) Licensing: A hardshell clam mechanical harvester fishery license is required to operate the mechanical harvester gear provided for in this section. For more information on or to apply for a hardshell clam mechanical harvester fishery license, visit department offices, call the WDFW license division at 360-902-2500, or visit the department website at www.wdfw.wa.gov.
(2) Aquatic farmers may harvest geoducks that are private sector cultured aquatic product by means of water pumps and nozzles.
(3) Persons may harvest nonstate tideland wild geoducks under a nonstate lands commercial wild clam, mussel and oyster trial fishery permit by means of water pumps and nozzles.
(4) It is unlawful to take, dig for and possess razor clams taken for commercial purposes from any of the tidelands in the state of Washington except by hand, shovels, cylindrical cans, tubes or hinged digging devices operated by hand. The opening of tubes or cans must be either circular or elliptical with the circular can/tube having a minimum outside diameter of four inches and the elliptical can/tube having a minimum dimension of four inches long and three inches wide outside diameter. The hinged digging device when opened in a cylindrical position, must have a minimum outside diameter of four inches at the bottom.
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-455Commercial crab fisherySeasons and areasPuget Sound.
The open times and areas for commercial crab fishing in Puget Sound are as follows:
(1) ((All Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas are open for commercial crab fishing beginning 8:00 a.m. October 1st through the following April 15th from 30 minutes))It is unlawful to fish for, take, or possess crab for commercial purposes except during open commercial crab harvest seasons and from open commercial crab management units as set by emergency rule. Commercial crab fishing will be open from one hour before sunrise to ((30 minutes))one hour after sunset during open seasons, except as provided below.
(2) ((For purposes of crab harvest allocation, fishing season, and catch reporting, the Marine Fish-Shellfish Management and Catch Reporting Areas (Catch Areas) are modified as follows:
(a) Catch Area 26A-E includes those waters of Puget Sound south of a line from Sandy Point (on Whidbey Island) to Camano Head and from Camano Head to the north tip of Gedney Island, and from the southern tip of Gedney Island east to the mainland, and north and east of a line that extends from Possession Point to the shipwreck located 0.8 nautical miles north of Picnic Point.
(b) Catch Area 26A-W includes those waters of Puget Sound south and east of a line from Foulweather Bluff to Double Bluff, and northerly of a line from Apple Cove Point to Point Edwards, and south and west of a line that extends from Possession Point to the shipwreck located 0.8 nautical miles north of Picnic Point.
(3))) The following areas are closed to commercial crab ((fishing except for treaty Indian commercial crab fishing where the treaty Indian crab fisher is following tribal openings that are in accordance with provisions of court orders in United States v. Washington))fisheries regulated by the department:
(a) ((Areas 25C, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, and 28D.))Crab Management Regions 4, 5, and 6 (WAC 220-320-110).
(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A in Lummi Bay east of a line projected from ((the entrance buoy at)) Sandy Point Light No. 2 (48.7868°, -122.7124°) to Gooseberry Point (48.7324°, -122.6728°).
(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21A in Bellingham Bay west of a line projected from the exposed boulder ((at))off the southeast portion of Point Francis (48.6973°, -122.6073°) to ((the pilings at)) Stevie's Point (0.2 miles northwest of the point where the Lehigh Cement pipeline meets the shoreline; 48.7682°, -122.5282°).
(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A east of a line projected true north from the most westerly tip of Skagit Island (48.4131°, -122.5814°) and extending south to the most westerly tip of Hope Island (48.3959°, -122.5788°), thence southeast to Seal Rocks (48.3737°, -122.5634°), thence southeast to the green can buoy (Buoy No. 5; 48.3630°, -122.5510°) at the mouth of Swinomish Channel, thence easterly to the ((west side))western tip of Goat Island (48.3630°, -122.5386°).
(e) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24B inside a line projected from Priest Point (48.0322°, -122.2274°) to the five-meter tower (48.0156°, -122.2707°) between Gedney (Hat) Island and Priest Point, thence northwesterly on a line between the five-meter tower and Barnum Point (48.1935°, -122.4625°) to the intersection (48.1353°, -122.3999°) with a line projected true west from Kayak Point (48.1351°, -122.3678°), thence east to shore.
(f) Those waters of ((Marine Fish-Shellfish Management and Catch Reporting Area 25A west of a line from the new Dungeness Light to the abandoned dock at the Three Crabs Restaurant.
(g) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 25D within a line projected from the Point Hudson Marina entrance to the northern tip of Indian Island, thence to Kala Point, and thence following the shoreline to the point of origin.
(4) The following areas are closed to commercial crab fishing during the periods indicated:
(a) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A between a line from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance of the Birch Bay Marina and a line from the same boat ramp to Birch Point, are closed October 1 through October 31 and March 1 through April 15.
(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24C inshore of the 400 foot depth contour within an area bounded by parallel lines projected northeasterly from Sandy Point and the entrance to the marina at Langley are closed October 1 through October 15.
(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A-W in Useless Bay north and east of a line from the south end of the Double Bluff State Park seawall (47°58.782'N, 122°30.840'W) projected 110 degrees true to the boulder on shore (47°57.690'N, 122°26.742'W) are closed from October 1 through October 15.
(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Fidalgo Bay south of a line projected from the red number 4 entrance buoy at Cap Sante Marina to the northern end of the easternmost oil dock are closed October 1 through October 31, and March 1 through April 15, of each year.
(e) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Deer Harbor north of a line projected from Steep Point to Pole Pass are closed October 1 through October 31 and March 1 through April 15.
(f) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A-E east of a line that extends true north from the green No. 1 buoy at Possession Point to Possession Point and west of a line from the green No. 1 buoy at Possession Point northward along the 200-foot depth contour to the Glendale Dock, are closed October 1 through October 15.
(5) The following areas are closed to commercial crab fishing until further notice:
(a) Those waters of Area 25E south of a line from Contractors Point to Tukey Point.
(b) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A within a line projected from Rocky Point northeast to the red number 2 buoy north of Ustalady Point, thence to Brown Point on the northeast corner of Ustalady Bay.
(c) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24D south of a line from the point at the southern end of Honeymoon Bay (48°03.047'N, 122°32.306'W) to the point just north of Beverly Beach.
(d) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 26A east of a line projected from the outermost tip of the ferry dock at Mukilteo to the green #3 buoy at the mouth of the Snohomish River, and west of a line projected from the #3 buoy southward to the oil boom pier on the shoreline.
(e) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21B in Samish Bay south of a line from Point Williams to Fish Point in waters shallower than 60 feet in depth.
(f) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Westcott and Garrison Bays east of a line projected due south from Point White to San Juan Island.
(g) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 20A in Birch Bay east of a line projected from the boat ramp at the western boundary of Birch Bay State Park to the western point of the entrance to the Birch Bay Marina.
(h) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 21A inside of Chuckanut Bay east of a line projected north from Governor's Point to the east side of Chuckanut Island, thence to Chuckanut Rock, thence to the most southerly tip of Clark's Point.
(i) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Blind Bay south of a line projected due west from Point Hudson to its intersection with Shaw Island.
(j) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Fisherman Bay south of a line projected east-west through the red number 4 entrance buoy.
(k) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in Mud Bay south of a line projected through Crab and Fortress Islands intersecting Lopez Island at either end.
(l) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22B in Padilla Bay within a line projected easterly from the northern end of the eastern most oil dock at March Point to the red number 2 buoy, thence southeasterly to the red number 8 buoy, thence west to shore and following the shoreline to the point of origin.
(m) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 24A in Cornet Bay south of a line projected true east and west from the northernmost tip of Ben Ure Island.
(n) That portion of Marine Fish-Shellfish Management and Catch Reporting Area 20B, which includes all waters of Prevost Harbor between Stuart Island and Satellite Island southwest of a line from Charles Point on Stuart Island to the northwest tip of Satellite Island and southwest of a line projected 120 degrees true from the southeast end of Satellite Island to Stuart Island.
(o) Those waters of Marine Fish-Shellfish Management and Catch Reporting Area 22A in East Sound north of a line from the southern point of Judd Bay on the west to Giffin Rocks on the east.))the Dungeness Bay Crustacean Special Management Area (WAC 220-320-120).
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-470Commercial crab fisheryGear limitsPuget Sound and Marine Fish-Shellfish Management and Catch Reporting Areas.
(1) Puget Sound licensing district commercial shellfish gear limit. It is unlawful for any person to take or fish for crab for commercial purposes in the Puget Sound licensing district if he or she is using, operating, or controlling any more than an aggregate total of 100 shellfish pots ((or ring nets)). This limit applies to each license. This subsection does not preclude a person who holds two or three Puget Sound crab licenses from designating and using the licenses from one vessel as authorized by RCW 77.65.130. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.520 Commercial fishingUnlawful gear or methodsPenalty.
(2) Marine Fish-Shellfish Management and Catch Reporting Areas gear limits. It is unlawful for any person to use, maintain, operate, or control crab pots ((or ring nets)) in excess of the per-license limits prescribed in each of the following ((Marine Fish-Shellfish Management and Catch Reporting Areas))shellfish management units.
(a) ((10))Twenty pots in Marine Fish-Shellfish Management and Catch Reporting Area 25E((;)).
(b) ((10))Twenty pots in all waters of ((Marine Fish-Shellfish Management and Catch Reporting Area 25A south of a line projected true west from Travis Spit on Miller Peninsula;))the Sequim Bay Crustacean Special Management Area (WAC 220-320-120).
(c) ((20 pots in that portion of Marine Fish-Shellfish Management and Catch Reporting Area 25A west of a line projected from the new Dungeness Light to the mouth of Cooper Creek, and east of a line projected from the new Dungeness Light to the outermost end of the abandoned dock at the Three Crabs Restaurant on the southern shore of Dungeness Bay; and))Twenty pots in all waters of the Port Townsend Bay Crustacean Special Management Area (WAC 220-320-120).
(d) ((10))Twenty pots in ((that portion of Marine Fish-Shellfish Management and Catch Reporting Area 23D west of a line from the eastern tip of Ediz Hook to the I77 Roynier [Rayonier] Dock.))the Port Angeles Harbor Crustacean Special Management Area (WAC 220-320-120).
(3) Violation of subsection (2) of this section is a gross misdemeanor, punishable under RCW 77.15.520 Commercial fishingUnlawful gear or methodsPenalty.
AMENDATORY SECTION(Amending WSR 17-22-100, filed 10/30/17, effective 1/1/18)
WAC 220-340-520Commercial shrimp pot fisheryPuget Sound.
License
(1) It is unlawful to take, fish for, land, or deliver shrimp taken for commercial purposes with pot gear from Puget Sound waters without a valid Puget Sound shrimp pot license.
A Puget Sound shrimp pot license ((or a Puget Sound shrimp trawl license)) will only be issued to an individual who is a natural person, and this person shall be the primary operator. Holders of Puget Sound shrimp pot licenses ((and Puget Sound shrimp trawl licenses)) may designate a single alternate operator per license.
Pot Gear and area
(2) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using shellfish pot gear except during seasons opened by emergency rule((:)).
(((a)))(3) Gear restrictions ((-
(i)))in all areas, maximum 100 pots per fisher except for dual licensees as provided for in RCW 77.70.410.
(((ii)))(4) Buoy requirements, in all areas:
(((A)))(a) Buoys must be orange in color and consist of durable material that will remain floating on the surface with five pounds attached; bleach or antifreeze bottles or other containers may not be used as floats.
(((B)))(b) Buoys must be marked with the clear identification of the license holder and the vessel designated on the Puget Sound shrimp pot license.
(c) When two or more shrimp pots are attached to a common ground line, the number and type of pots (spot shrimp or nonspot shrimp pot) so attached must be clearly labeled on the required buoy.
(d) The line attaching the pot to the buoy must be weighted sufficiently to prevent the line from floating on the surface.
(((C) The maximum perimeter of shrimp pots must not exceed ten feet and the maximum height must not exceed two feet.
(D)))(5) Pot requirements, in all areas:
(a) A shrimp pot may not exceed a maximum of 153-inch bottom perimeter and a maximum of 24-inch height.
(b) The entire top, bottom, and sides of the shrimp pot must be constructed of mesh material. Use of liners is prohibited.
(c) Entrance tunnels to shrimp pots may be constructed of any size mesh material. All entrance tunnels must open into the pot from the side. The sum of the maximum widths of all entrance tunnel openings must not exceed half of the perimeter of the bottom of the pot.
(d) Spot shrimp may only be harvested using pots with a minimum mesh size of one inch. Mesh size of one inch is defined as a mesh opening that a 7/8-inch square peg will pass through, excluding the entrance tunnels, except for flexible (web) mesh pots, where the mesh must be a minimum of 1 3/4 inch stretch measure. Stretch measure is defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh, when the mesh is stretched vertically.
(e) Nonspot shrimp may only be harvested using pots with a minimum mesh size 1/2 inch. Mesh of 1/2 inch is defined as a mesh that a 3/8 inch square peg will pass through, excluding the entrance tunnels, except for flexible (web) mesh pots, where the mesh must be at a minimum 1 1/8 inch stretch measure. Stretch measure is defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh, when the mesh is stretched vertically.
(6) Harvest restrictions, all areas:
(a) It is unlawful to set or pull shrimp pot gear from one hour after official sunset to one hour before official sunrise.
(((b) Spot shrimp size restriction: It is unlawful to retain spot shrimp taken by shellfish pot gear that have a carapace length less than 1 and 3/16 inches. Carapace length is defined as the length between the posterior mid-dorsal margin to the posterior-most part of the eye-stalk orbit.
(c) Area restrictions:
(i) Pot gear closed in all Puget Sound Shrimp Districts except the Port Townsend Shrimp District.
(ii) Pot gear closed in Lopez Sound south of a line projected true east-west from the northern tip of Trump Island from the season opening through July 9th.
(3) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using trawl gear except during seasons opened by emergency rule and authorized by a permit issued by the director.
(a) Gear restrictions - Beam trawl gear only. Otter trawl gear may not be used.
(i) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, and 22A is 25 feet.
(ii) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 23C, 25A, 25B, and 29 is 60 feet.
(b) It is unlawful to retain spot shrimp.
(c) Area restrictions:
(i) Shrimp trawl fishing closed in all Puget Sound Shrimp Districts.
(ii) Shrimp trawl fishing closed in Lopez Sound south of a line projected true east-west from the northern tip of Trump Island from the season opening through July 9th.
(d) It is unlawful to fish for shrimp in Puget Sound with beam trawl gear in waters shallower than 100 feet.
(e) It is lawful to fish for shrimp in Puget Sound with beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Area 21A only in those waters north and west of a line from the southern tip of Sinclair Island to Carter Point on Lummi Island.
(f) The following restrictions apply to shrimp beam trawl harvest in Marine Fish-Shellfish Management and Catch Reporting Area 20A:
(i) Closed in waters east of a line from the southwest corner of Point Roberts to Sandy Point.
(ii) Closed in waters shallower than 20 fathoms.
(g) It is unlawful to operate shrimp beam trawl gear in Puget Sound from one hour after official sunset to one hour before official sunrise.
(h) It is unlawful to fish for, retain, land or deliver shrimp taken with trawl gear without a valid Puget Sound shrimp trawl fishery permit.
(i) It is unlawful to take, retain, land, or deliver any shrimp taken with trawl gear without complying with all provisions of a Puget Sound shrimp trawl fishery permit.
(j) A violation of this subsection is punishable under RCW 77.15.750.
(4)))(b) It is unlawful to deploy spot shrimp pots and nonspot shrimp pots concurrently within the same Catch Reporting Area, with the following exceptions:
(i) Spot and nonspot shrimp pots may be concurrently deployed in Catch Area 23A but not within the same subarea (23A-E, 23A-W, 23A-C, or 23A-S) concurrently.
(ii) Nonspot pots may be deployed within Sequim Bay CSMA (WAC 220-320-120) concurrently with spot shrimp pots deployed in the remaining portion of Catch Area 25A outside of Sequim Bay CSMA.
(iii) All shrimp harvested must be landed and recorded on a shellfish receiving ticket before subsequent harvest may occur.
(c) Each fisher or alternate operator is required to report their intended catch area of harvest, target species (spot or nonspot), and an estimate of total pounds that are being targeted prior to the deployment of any shrimp gear by email or text message to shrimp.report@dfw.wa.gov, or by using the Puget Sound commercial shrimp reporting website.
(d) It is unlawful to harvest nonspot and spot shrimp in the same day.
(e) It is unlawful to harvest shrimp in more than one catch area per day, except for concurrent pot deployment described in (b) of this subsection.
(f) Nonspot shrimp pot harvest restrictions:
(i) Harvest of nonspot shrimp is not permitted deeper than 175 feet in Shrimp Management Area 2E.
(ii) Harvest of nonspot shrimp is not permitted deeper than 150 feet in Region 2W.
Reporting
(7) All shrimp taken in the Puget Sound commercial shrimp fishery must be landed and recorded on Washington state fish receiving tickets within 24 hours of harvest. No fisher may land shrimp without immediate delivery to a wholesale fish buyer, or if transferred at sea, without transfer to a wholesale fish buyer. A fisher who is a wholesale fish buyer or a limited fish seller may complete and return a fish receiving ticket to satisfy the requirements of this subsection.
(((5) For purposes of shrimp pot harvest allocation, fishing season, and catch reporting, the Marine Fish-Shellfish Management and Catch Reporting Areas (catch areas) are modified as follows:
(a) That portion of Catch Area 22A south of a line due east from the international boundary to Lime Kiln Point light on San Juan Island, then south of the shores of San Juan Island, then south of a line from Cattle Point on San Juan Island to Davis Point on Lopez Island, then south of the shores of Lopez Island to Point Colville shall be considered to be part of Catch Area 23A.
(b) Catch Area 23A is divided into four subareas:
(i) 23A-E (east) is those waters of Catch Area 23A east of 122°57'W. Long. and north of 48°22.5'N. Lat.
(ii) 23A-W (west) is those waters of Catch Area 23A west of 122°57'W. Long. and north of 48°22.5'N. Lat.
(iii) 23A-C (central) is those waters of Catch Area 23 south of 48°22.5'N. Lat. and east of a line projected 335° true from the Dungeness lighthouse.
(iv) 23A-S (south) is those waters of Catch Area 23A west of a line projected 335° true from the Dungeness lighthouse.
(c) Catch Area 26A is divided into two subareas:
(i) 26A-E (east) is those waters of Catch Area 26A north and east of a line projected 110 degrees true from the southern tip of Possession Point on Whidbey Island to the shipwreck on the opposite shore.
(ii) 26A-W (west) is those waters of Catch Area 26A south and west of a line projected 110 degrees true from the southern tip of Possession Point on Whidbey Island to the shipwreck on the opposite shore.
(d) Catch Area 26B is divided into two subareas:
(i) 26B-1 is those waters of Catch Area 26B westerly of a line projected from West Point to Alki Point.
(ii) 26B-2 is those waters easterly of a line projected from West Point to Alki Point.
(6) For purpose of shrimp trawl harvest allocation and catch reporting, 23A East is that portion of Catch Area 23A, east of a line projected true north from the Dungeness lighthouse. 23A West is that portion of Catch Area 23A, west of the line described herein.
(7) The following areas are defined as Puget Sound Shrimp Management Areas:
(a) Shrimp Management Area 1A: Waters of Catch Area 20B west of a line from Point Doughty on Orcas Island to the bell buoy at the international boundary, and all waters of Catch Area 22A west of a line projected true north and south from the western tip of Crane Island, west of a line projected from the number 2 buoy at the entrance to Fisherman Bay to the southern tip of Shaw Island.
(b) Shrimp Management Area 1B: Waters of Catch Area 20B east of a line from Point Doughty on Orcas Island to the bell buoy at the international boundary, and waters of Catch Area 22A east of a line projected true north and south from the western tip of Crane Island, east of a line projected from the number 2 buoy at the entrance to Fisherman Bay to the southern tip of Shaw Island, and east of a line projected true south from Point Colville, and all waters of Catch Area 21A north and west of a line from the southern tip of Sinclair Island to Carter Point on Lummi Island.
(c) Shrimp Management Area 1C: Waters of Catch Areas 20A, 21B, 22B, and waters of Catch Area 21A not included in Management Area 1B.
(d) Shrimp Management Area 2E: Waters of Catch Areas 24A, 24B, 24C, 24D, and 26A-E (east).
(e) Shrimp Management Area 2W: Waters of Catch Areas 25B, 25C, 25D, and 26A-W (west).
(f) Shrimp Management Area 3: Waters of Catch Areas 23A, 23B, 23C, 23D, 25A, 25E, and 29.
(g) Shrimp Management Area 4: Waters of Catch Areas 26B and 26C.
(h) Shrimp Management Area 5: Waters of Catch Areas 27A, 27B, and 27C.
(i) Shrimp Management Area 6: Waters of Catch Areas 26D, 28A, 28B, 28C, and 28D.
(8) In Shrimp Management Areas 1A, 1B and 1C, all catch must be reported by Management Area and Catch Area combined, either 1A-20B, 1A-22A, 1B-20B, 1B-21A, 1B-22A, 1C-20A, 1C-21A, 1C-21B, or 1C-22B.))
NEW SECTION
WAC 220-340-530Commercial shrimp trawl fisheryPuget Sound.
License
(1) It is unlawful to take, fish for, land, or deliver shrimp taken for commercial purposes with trawl gear from Puget Sound waters without a valid Puget Sound shrimp trawl license and a shrimp trawl permit, issued annually by the director, and without complying with all provisions of a Puget Sound shrimp trawl fishery permit.
A Puget Sound shrimp trawl license will only be issued to an individual who is a natural person, and this person shall be the primary operator. Holders of Puget Sound shrimp trawl licenses may designate a single alternate operator per license.
Trawl gear and area
(2) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using trawl gear except during seasons opened by emergency rule and authorized by a permit issued by the director.
It is unlawful to operate shrimp beam trawl gear in Puget Sound from one hour after official sunset to one hour before official sunrise.
(3) It is unlawful to retain spot shrimp with trawl gear.
(4) Gear restrictions - Beam trawl gear is the only lawful trawl gear type permitted for Puget Sound. Use of otter trawl gear or other trawl gear types is unlawful.
(a) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, and 22A is 25 feet.
(b) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 23A (trawl Catch Area 23A; WAC 220-320-140), 23B, 23C, 25A, and 29 is 60 feet.
(5) Area restrictions:
(a) Catch Areas 21B, 22B, and those waters of Catch Area 20A north and east of a line from Point Roberts Light (48.9716°, -123.0838°) to Sandy Point Light, at the Lummi Reservation (48.7868°, -122.7124°) are closed year round.
(b) Catch Area 20A outside of those waters north and east of a line from Point Roberts Light (48.9716°, -123.0838°) to Sandy Point Light at the Lummi Reservation (48.7868°, -122.7124°) are closed through July 31st.
(c) Catch Area 21A is closed year round, except that those waters north and west of a line from the southern tip of Sinclair Island (48.6097°, -122.6572°) to Carter Point (48.6404°, -122.6088°) on Lummi Island are closed through June 30th.
(d) In Catch Area 22A:
(i) Shrimp trawl fishing is closed in Lopez Sound south of a line projected true east-west from the northern tip of Trump Island (48.5064°, -122.8369°) from the season opening through July 9th, except as described in (f) of this subsection.
(ii) Shrimp trawl fishing is closed that portion east of a line projected along -122.7833° longitude (east of Blakely Island) and west of a line projected along -122.7167° longitude (west of Cypress Island) in Rosario Strait from the season opening through June 15th, except as described in (f) of this subsection.
(e) Subregion 1B (Catch Areas 20B and 22A) is closed through June 15th, except as described in (f) of this subsection.
(f) The following areas may open on the described dates and remain open from that date contingent upon the results of department-approved observer sampling to evaluate bycatch. Bycatch parameters must be satisfied for the fishery to remain open earlier than the dates described in (d) and (e) of this subsection.
(i) In Catch Area 22A, in Lopez Sound south of a line projected true east-west from the northern tip of Trump Island (48.5064°, -122.8369°): May 1st.
(ii) That portion of Catch Area 22A east of a line projected along -122.7833° longitude (east of Blakely Island) and west of a line projected along -122.7167° longitude (west of Cypress Island) in Rosario Strait: May 1st.
(iii) Subregion 1B (Catch Areas 20B and 22A): May 16th.
(iv) Trawl fishers seeking to open before the dates described in (d) and (e) of this subsection must coordinate with the department to arrange a department-approved bycatch observation plan prior to commencing fishing.
(g) It is unlawful to fish for shrimp in Puget Sound with beam trawl gear in waters shallower than 100 feet.
(h) It is unlawful to fish for shrimp with beam trawl gear shallower than 120 feet in Catch Area 20A.
(i) A violation of this section is punishable under RCW 77.15.750.
Landing and reporting
(6) All shrimp taken in the Puget Sound commercial shrimp fishery must be landed and recorded on Washington state fish receiving tickets within 24 hours of harvest. No fisher may land shrimp without immediate delivery to a licensed fish buyer, or if transferred at sea, without transfer to a licensed fish buyer. A fisher who is a licensed fish buyer or a limited fish seller may complete and return a fish receiving ticket to satisfy the requirements of this subsection.
(7) Harvesters must also comply with reporting provisions of WAC 220-340-030.
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-610Commercial scallop fisheryPuget Sound.
(1) Licensing and permits:
(a) It is unlawful to fish for, take, or possess scallops with shellfish dive gear without a valid ((shellfish))commercial scallop dive fishery license in possession of the license holder or designated alternate operator, and on board the designated harvest vessel. A violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.500, Commercial fishing without a licensePenalty, depending on the circumstances of the violation.
(b) It is unlawful to fish for, take, or possess rock or weathervane scallops for commercial purposes from Puget Sound unless a person first obtains a valid scallop brood stock collection permit issued by the department. A violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.500, violation of commercial fishing without a licensePenalty, depending on the circumstances of the violation.
(c) It is unlawful to harvest scallops for brood stock or culture purposes in a manner that violates scallop brood stock collection permit provisions. Scallop brood stock collection permit provisions include, but are not limited to, the location, date and time restrictions on harvest, and the species and quantity of scallops the permit holder may take for brood stock or culture purposes. A violation of this subsection is a misdemeanor, punishable under RCW 77.15.750, Unlawful use of a department permitPenalty.
(2) Harvest areas and seasons.
(a) It is unlawful to take or possess pink or spiny scallops for commercial purposes or for the purposes of public health testing, except during open scallop harvest seasons from open shellfish management areas as provided by emergency rule.
(b) It is unlawful to fish for, take, or possess scallops from the ((closed)) waters ((in Sea Urchin Districts 1, 2, 5, and 7))permanently closed to sea urchin harvest as defined in WAC 220-340-750, and the waters permanently closed to sea cucumber harvest as defined in WAC 220-340-730.
(c) It is unlawful to fish for or take pink or spiny scallops from official sunset through 5:59 a.m. the following morning.
(3) A violation of subsection (2) of this section is a gross misdemeanor or class C felony punishable under RCW 77.15.550, Violation of commercial fishing area or timePenalty, depending on the circumstances of the violation.
(4) Size limits: It is unlawful to take or possess pink or spiny scallops less than ((2))two inches in length, measured from the hinge to the outer margin of the shell. A violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550, Violation of commercial fishing area or timePenalty.
(5) Shellfish dive gear and harvest vessel restrictions:
(a) It is unlawful to fish for, take, or possess pink or spiny scallops by any means other than by hand with shellfish dive gear. A violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520, Commercial fishingUnlawful gear or methodsPenalty.
(b) It is unlawful to operate a vessel engaged in scallop harvest operations unless the ((vessel registration))harvester number assigned by the department is properly displayed as provided by department rule (WAC 220-340-020). A violation of this subsection is a misdemeanor punishable under RCW 77.15.540, Unlawful use of a commercial fishery licensePenalty.
(c) It is unlawful for more than one ((diver))shellfish dive fishery license holder from a harvest vessel to be in the water at any one time during pink or spiny scallop harvest operations or when commercial quantities of pink or spiny scallops are on board the vessel, except that two shellfish dive fishery license holders may be in the water if the harvest vessel is designated on two shellfish dive fishery licenses. A violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520, Commercial fishingUnlawful gear or methodsPenalty.
(d) It is unlawful for a vessel engaged in the harvest of pink or spiny scallops to have through-hull fittings for water discharge hoses to be below the surface of the water. Through-hull fittings above the water line must be visible at all times. A violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520, Commercial fishingUnlawful gear or methodsPenalty.
(e) It is unlawful to possess a single hose or combination of hoses capable of measuring longer than ((thirty))30 feet or water jet nozzles onboard a vessel engaged in the commercial pink or spiny scallop fishery. A violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520, Commercial fishingUnlawful gear or methodsPenalty.
(6) Possession restrictions: It is unlawful to possess geoduck clams during pink or spiny scallop harvest operations, or possess geoduck clams on a vessel that has pink or spiny scallops on board. A violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.550, Violation of commercial fishing area or timePenalty, depending on the circumstances of the violation.
(7) For the purposes of weekly trip limits, the scallop fishery week begins Monday and ends Sunday.
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-700Commercial crawfish fishery.
(1) Licensing: A shellfish pot fishery license is required to operate the gear provided for in this section. An application for a shellfish pot fishery license is available at the offices of the department, by calling the WDFW license division at 360-902-2500, or on the department website at www.wdfw.wa.gov.
(2) Commercial crawfish season: The first Monday in May through October 31, except: In Washington waters of the Columbia River downstream from the mouth of the Walla Walla River, it is permissible to take crawfish from April 1 through October 31.
(3) Commercial crawfish size and sex restrictions:
(a) Crawfish must be ((3-1/4))3 1/4 inches or more in length from the tip of the rostrum (nose) to the tip of the tail.
(b) All undersize crawfish and female crawfish with eggs or young attached to the abdomen must be immediately returned unharmed to the waters from which taken. Fishers must sort and return illegal crawfish to the waters from which taken immediately after the crawfish are removed from the shellfish pot and prior to lifting additional pots from the water.
(4) Commercial crawfish gear, fishing areas, and pot number restrictions:
(a) It is unlawful to take crawfish for commercial purposes with gear other than shellfish pots.
(b) The department determines the maximum number of pots permitted in any given body of water. Once the permitted maximum number of pots for any given body of water is reached, no further permits may be issued for that area. Permits are issued on a first-come, first-served basis consistent with all other regulations concerning issuance of commercial crawfish harvest permits.
(c) It is unlawful for a person to fish more than 400 pots at one time in the commercial crawfish fishery.
(d) Buoys must consist of durable material that will remain floating on the surface with five pounds attached; bleach or antifreeze bottles or other containers may not be used as floats.
(e) When two or more pots are attached to a common ground line, the number of pots attached must be clearly labeled on the required buoy.
(f) Crawfish gear also subject to provisions of WAC 220-353-020.
(g) It is unlawful to fish for crawfish for commercial purposes in the following waters:
Clallam
((Anderson Lake))
Crescent Lake
Clark
Battleground Lake
Cowlitz
Merrill Lake
Grant
Deep Lake
Potholes Res.
Coulee Lake
Soap Lakes
Sun Lakes
Grays Harbor
Sylvia Lake
Island
Cranberry Lake
Jefferson
Anderson Lake
King
Cedar Lake
Elbow Lake
Green Lake
Green River
Margaret Lake
Sammamish Lake
Sammamish River
Sammamish Slough
Walsh Lake
Kittitas
Easton Lake
Klickitat
Horsethief Lake
Roland Lake
Lewis
Mineral Lake
Okanogan
Alta Lake
Buffalo Lake
Campbell Lake
Conconully Lake
Conconully Res.
Crawfish Lake
Omak Lake
Osoyoos Lake
Pearrygin Lake
Pacific
Middle Nemah River
North Nemah River
Smith Creek
Pend Oreille
Browns Lake (on Brown Cr)
Calispell Lake
Cooks Lake
Conklin Lake
Davis Lake
Half Moon Lake
Mystic Lake
No Name Lake
Shearer Lake
Vanee Lake
Pierce
Clear Lake
Spanaway Lake
Steilacoom Lake
Wapato Lake
Skagit
Beaver Lake
Caskey Lake
Cranberry Lake
Everett Lake
Minkler Lake
Pass Lake
Sixteen Lake
Whistle Lake
Skamania
Goose Lake
Mosquito Lake
South Prairie Lake
Stump (Tunnel) Lake
Snohomish
Ballinger Lake
Chaplain Lake
Flowing Lake
Goodwin Lake
Ki Lake
Martha Lake
Pass Lake
Roesiger Lake
Serene Lake
Shoecraft Lake
Silver Lake
Stevens Lake
Stickney Lake
Storm Lake
Thurston
Deep Lake
Hicks Lake
Long Lake
Patterson Lake
Summit Lake
Ward Lake
Whatcom
Budd Lake
Bug Lake
Caine Lake
Fishtrap Creek
Johnson Creek
Padden Lake
Toad or Emerald Lake
(((e)))(h) It is unlawful to fish for crawfish within 1/4 mile of the shoreline of developed parks.
(((f)))(i) It is permissible for an individual fisherman to fish for crawfish for commercial use in the waters set out below with up to the number of pots shown.
Name of Lake,
River, or Slough
County
Max. Pots
Allowed
Alder Lake (Res.)
Pierce/Thurston
200
((Aldwell Lake (Res.)
Clallam
100))
Alkali Lake
Grant
100
Bachelor Slough
Clark
100
Baker Lake
Whatcom
200
Banks Lake
Grant
200
Big Lake
Skagit
200
Black Lake
Thurston
200
Blue Lake
Grant
200
Bonaparte Lake
Okanogan
100
Buckmire Slough
Clark
100
Camas Slough
Clark
100
Campbell Lake
Skagit
100
Cassidy Lake
Snohomish
100
Cavanaugh Lake
Skagit
200
Chehalis River
Lewis/Grays Harbor
100
Chelan Lake
Chelan
200
Clear Lake
Skagit
100
Coal Creek Slough
Cowlitz
100
Columbia River
Clark, Cowlitz, etc.
200
Copalis River
Grays Harbor, etc.
100
Cowlitz River
Clark, Cowlitz, etc.
100
Curlew Lake
Ferry
200
Cushman Lake #1
Clark
100
Deep River
Wahkiakum
100
Deschutes River
Thurston
100
Diablo Lake
Whatcom
200
Drano Lake
Skamania
100
Elochoman River
Wahkiakum
100
Erie Lake
Skagit
100
Evergreen Reservoir
Grant
100
Fisher Island Slough
Cowlitz
100
Goose Lake (upper)
Grant
100
Grays River
Pacific
100
Harts Lake
Pierce
100
Hoquiam River
Grays Harbor
100
Humptulips River
Grays Harbor
100
John's River
Grays Harbor
100
Kapowsin Lake
Pierce
200
Kalama River
Cowlitz, etc.
100
Klickitat
Klickitat
100
Lackamas Lake (Res.)
Clark
100
Lake River
Clark
100
Lawrence Lake
Thurston
100
Lenore Lake
Grant
200
Lewis River
Clark/Cowlitz
100
Loomis Lake
Pacific
100
Mayfield Lake
Lewis
200
McIntosh Lake
Thurston
100
McMurray Lake
Skagit
100
Merwin Lake
Clark/Cowlitz
200
Moses Lake
Grant
200
Naselle River
Pacific, etc.
100
Nisqually River
Pierce, etc.
100
Nooksack River
Whatcom
100
North River
Grays Harbor
100
Palmer Lake
Okanogan
100
Patterson Lake (Res.)
Okanogan
100
Portage Bay
King
100
Rattlesnake Lake
King
100
Ross Lake (Res.)
Whatcom
200
Salmon Lake
Okanogan
100
Satsop River
Grays Harbor
100
Shannon Lake (Res.)
Skagit
200
Sidley Lake
Okanogan
100
Silver Lake
Pierce
100
Silver Lake
Cowlitz
200
Skagit River
Skagit/Whatcom
200
Skamokawa River
Wahkiakum
100
Snake River
Franklin/Walla Walla
200
Snohomish River
Snohomish
100
St. Clair Lake
Thurston
100
Swift Lake (Res.)
Skamania
200
Terrell Lake
Whatcom
100
Toutle River
Cowlitz
100
Union Lake
King
200
Vancouver Lake
Clark
200
Warden Lake
Grant
100
Washington Lake
King
200
Washougal River
Clark/Skamania
100
Whitestone Lake
Okanogan
100
Willapa River
Pacific
100
Wiser Lake
Whatcom
100
Wind River
Cowlitz
100
Wishkah River
Grays Harbor
100
Woodland Slough
Clark
100
Wynoochee River
Grays Harbor
100
Yakima River
Kittitas
100
Yale Lake (Res.)
Clark/Cowlitz
200
(((g)))(j) Commercial crawfish harvest permits will be issued to limit the number of crawfish pots permissible per fisherman per body of water in suitable crawfish harvest sites not listed in subsections (4)(d) and (e) of this section as follows:
(i) Under 20 acres - No commercial harvest.
(ii) 20 acres to 100 acres - 50 pots.
(iii) 101 acres to 400 acres - 100 pots.
(iv) Over 400 acres - 200 pots.
(((h)))(k) Permits may be issued only in waters where fishing will not conflict with high density residential or recreational areas. No permit will be issued where developed parks encompass more than 1/2 of the water shoreline.
(5) It is unlawful to discard any crawfish bait into the waters of the state.
(6) This section does not apply to the commercial culture of crawfish at a registered aquatic farm.
(7) It is unlawful to fish for or possess crawfish taken for commercial purposes in violation of this section. Violation of this section is punishable under RCW 77.15.500, 77.15.520, 77.15.522, or 77.15.540, depending on the circumstances of the violation.
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-720Commercial octopus fishery.
(1) It ((shall be))is unlawful to possess octopus for commercial purposes except octopus taken incidentally to any lawful bottom fish or shellfish fishery((, except that it shall be unlawful for divers to take octopus for commercial purposes except as authorized by permit issued by the director for display or scientific purposes)).
(2) It is unlawful to take or possess octopus for display or scientific purposes, except as authorized by permit issued by the director.
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-730Commercial sea cucumber fishery.
(1) Licensing: It is unlawful to fish for, take, or possess sea cucumbers ((with shellfish dive gear)) without a valid ((shellfish))commercial sea cucumber dive fishery license and license holder or designated alternate operator on board the designated harvest vessel. A violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.500, Commercial fishing without a licensePenalty.
(2) Harvest areas and seasons:
(a) It is unlawful to fish for, take, or possess sea cucumbers for commercial purposes, except during open sea cucumber harvest seasons and from open sea cucumber districts as provided by emergency rule. It is unlawful to fish for, take, or possess sea cucumbers for commercial purposes from closed areas defined in this section.
(b) It is unlawful to fish for or take sea cucumbers from official sunset to 5:59 a.m. the following morning.
(c) A violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.550, Violation of commercial fishing area or timePenalty.
(3) Sea cucumber districts defined:
(a) Sea Cucumber District 1 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B((, and 23B)) outside of the following closed areas:
(i) San Juan Channel ((and Upright Channel within the following lines: South of a line projected from Flat Point on Lopez Island true west to Shaw Island; west of a line from Neck Point on Shaw Island to Steep Point on Orcas Island; south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island north of a line from Flat Point on Lopez Island to the northernmost point of Turn Island and thence projected true west to San Juan Island))Closed Area: Those waters of San Juan Channel and Upright Channel within the following lines: North and west of a line from the northernmost point of Turn Island off San Juan Island (48.5358°, -122.9713°) to Flat Point on Lopez Island (48.5510°, -122.9197°), and thence projected from Flat Point true west to Shaw Island (48.5510°); north of a line projected from the northernmost point of Turn Island (48.5358°, -122.9713°) true west to San Juan Island (48.5358°); west of a line from Neck Point on Shaw Island (48.5872°, -123.0124°) to Steep Point on Orcas Island (48.6093°, -123.0231°); and south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island (48.6225°, -123.1075°).
(ii) Haro Strait Closed Area: North of a line projected ((due))true west from the southernmost point of Cattle Point on San Juan Island to the International ((border))Boundary (closed area includes those waters of Areas 22A and 23A that fall north of this line) and south of a line projected ((due))true west from a point ((one-quarter))(48.5200°, -123.1527°) 1/4 mile north of Lime Kiln Light (48.5159°, -123.1525°) on San Juan Island to the International ((border))Boundary.
(b) Sea Cucumber District ((2))2-1 is defined as the waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23C, 23D, ((25A, 25B, 25C, 25D, 25E,)) and 29 outside of the following closed areas:
(i) Low Point Closed Area: Those waters of the Strait of Juan de Fuca west of a line projected true north from the shoreline at -123.8050° longitude to the International Boundary and east of a line projected true north from the shoreline at -123.8783° longitude to the International Boundary;
(ii) Tatoosh Island Closed Area: Those waters within 1/4 mile of Tatoosh Island;
(iii) Haro Strait Closed Area: Those waters of Haro Strait within Area 23A north of a line projected true west from the southernmost point of Cattle Point (48.4501°, -122.9636°) on San Juan Island to the International Boundary (this closed area also includes those waters of Area 22A described in (a)(ii) of this subsection).
(c) Sea Cucumber District 2-2 is defined as the waters of Marine Fish Shellfish Management and Catch Reporting Areas 23B, 25A, 25B, 25C, 25D, and 25E.
(((c)))(d) Sea Cucumber District 3 is defined as the waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, 26A, 26B, and 26C. The following areas within Sea Cucumber District 3 are closed to the harvest of sea cucumbers:
(i) Eagle Harbor Closed Area: Those waters of Eagle Harbor west of a line projected from Wing Point (47.6207°, -122.4923°) to Eagle Harbor Creosote Light Number 1((, then))(47.6163°, -122.4965°), thence projected ((due))true west to shore on Bainbridge Island (47.6163°).
(ii) Sinclair Inlet Closed Area: Those waters of Sinclair Inlet west of a line projected southerly from the easternmost point of Point Turner (47.5648°, -122.6233°) to landfall directly below the ((Veteran's Home))Kitsap Transit foot ferry terminal in Annapolis (47.5478°, -122.6162°).
(((d)))(e) Sea Cucumber District 4 is defined as the waters of Marine Fish-Shellfish Management and Catch Reporting Areas 27A, 27B, and 27C.
(((e)))(f) Sea Cucumber District 5 is defined as the waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26D, 28A, 28B, 28C, and 28D outside of the following closed area: Hale Passage/Wollochet Bay Closed Area: The waters of Hale Passage and Wollochet Bay within the following lines: West of a line projected true south from the shoreline near Point Fosdick at -122.5833° longitude to 47.2333° latitude, and thence projected true west to the shoreline of Fox Island (47.2333° latitude), and east of a line projected true south from the shoreline near Green Point at -122.6833° longitude to 47.2750° latitude, and thence projected true east to the shoreline of Fox Island (47.2750°).
(4) Shellfish dive gear and harvest vessel restrictions:
(a) It is unlawful to fish for, take, or possess sea cucumbers taken for commercial purposes by any means other than by hand with shellfish dive gear. A violation of this subsection is punishable under RCW 77.15.520, Commercial fishingUnlawful gear or methodsPenalty.
(b) It is unlawful to operate a vessel engaged in commercial sea cucumber harvest operations unless the ((vessel registration))harvester number assigned by the department is properly displayed on the vessel as provided by department rule (WAC 220-340-020). A violation of this subsection is a misdemeanor punishable under RCW 77.15.540, Unlawful use of a commercial fishery license.
(c) It is unlawful for more than one diver from a harvest vessel to be in the water at any one time during sea cucumber harvest operations or when commercial quantities of sea cucumbers are aboard, except that two divers from a harvest vessel may be in the water at one time if the vessel is designated on two sea cucumber dive fishery licenses. A violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520, Commercial fishingUnlawful gear or methodsPenalty.
(d) It is unlawful for a vessel engaged in the harvest of sea cucumbers to have through-hull fittings for water discharge hoses below the surface of the water. Through-hull fittings above the water line must be visible at all times. A violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520, Commercial fishingUnlawful gear or methodsPenalty.
(e) It is unlawful to possess a single hose or combination of hoses capable of measuring longer than ((thirty))30 feet or water jet nozzles onboard a vessel engaged in the commercial sea cucumber fishery. A violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520, Commercial fishingUnlawful gear or methodsPenalty.
(5) Possession restrictions: It is unlawful to possess geoduck clams during commercial sea cucumber harvest operations, or possess geoduck clams on a vessel that has sea cucumbers on board. A violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.550, Violation of commercial fishing area or timePenalty, depending on the circumstances of the violation.
(6) For the purposes of weekly trip limits, the sea cucumber fishery week begins Monday and ends Sunday.
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-750Commercial sea urchin fisheries.
(1) Licensing: It is unlawful to fish for, take, or possess sea urchins for commercial purposes ((with shellfish dive gear)) without a valid ((shellfish))commercial sea urchin dive fishery license and license holder or designated alternate operator on board the designated harvest vessel. A violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.500, Commercial fishing without a licensePenalty, depending on the circumstances of the violation.
(2) Harvest areas, seasons, and size restrictions:
(a) It is unlawful to fish for, take, or possess sea urchins for commercial purposes except during open sea urchin harvest seasons((,))and from open sea urchin districts((, and within the size restrictions)) as set by emergency rule. It is unlawful to fish for, take, or possess sea urchins for commercial purposes from closed areas defined in this section.
(b) It is unlawful for any person to fish for, take, or possess for commercial purposes any green sea urchins less than 2 1/4 inches; or red sea urchins measuring less than 3 1/4 inches or greater than five inches. All measurements are caliper measurements of the largest shell (test) diameter, exclusive of the spines.
(((b)))(c) It is unlawful to fish for or take sea urchins from official sunset through 5:59 a.m. the following morning.
(((c)))(d) It is unlawful to harvest or possess sea urchins taken from less than ((ten))10 feet below mean lower low water.
(((d)))(e) It is unlawful to process sea urchins aboard the harvest vessel.
(((e)))(f) It is unlawful to take sea urchins for commercial use for purposes other than human consumption.
(3) A violation of subsection (2) of this section is a gross misdemeanor or class C felony punishable under RCW 77.15.550, Violation of commercial fishing area or timePenalty, depending on the circumstances of the violation.
(4) Sea urchin districts defined:
(a) Sea Urchin District 1 (((Northern)) San Juan Islands) is defined as Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, ((and those waters of Area 22A north of a line projected east-west one-quarter mile north of Lime Kiln Light on San Juan Island and west of a line projected true north from Limestone Point on San Juan Island))21A, 21B, 22A, and 22B outside the following closed areas:
(i) San Juan Channel Closed Area: Those waters of San Juan Channel and Upright Channel within the following lines: North and west of a line from the northernmost point of Turn Island on San Juan Island (48.5358°, -122.9713°) to Flat Point on Lopez Island (48.5510°, -122.9197°), and thence projected from Flat Point true west to Shaw Island (48.5510°); north of a line projected from the northernmost point of Turn Island (48.5358°, -122.9713°) true west to San Juan Island (48.5358°); west of a line from Neck Point on Shaw Island (48.5872°, -123.0124°) to Steep Point on Orcas Island (48.6093°, -123.0231°); and south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island (48.6225°, -123.1075°).
(ii) Haro Strait Closed Area: North of a line projected true west from the southernmost point of Cattle Point (48.4501°, -122.9636°) on San Juan Island to the International Boundary (closed area includes those waters of 22A and 23A that fall north of this line) and south of a line projected true west from a point (48.5200°, -123.1527°) 1/4 mile north of Lime Kiln Light (48.5159°, -123.1525°) on San Juan Island to the International Boundary.
(b) Sea Urchin District 2 (((Southern San Juan Islands and Port Townsend)))(Admiralty Inlet) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Areas((22A south of a line projected east-west one-quarter mile north of Lime Kiln Light on San Juan Island and east of a line projected true north from Limestone Point on San Juan Island and Areas 21A, 21B, 22B, 23A, 23B, 25A and 25B. The following areas within Sea Urchin District 2 are closed to the harvest of sea urchins at all times:
(i) Those waters of Haro Strait north of a line projected due west from the southernmost point of Cattle Point on San Juan Island to the international border and south of a line projected due west from a point one-quarter mile north of Lime Kiln Light on San Juan Island to the international border.
(ii) Those waters of San Juan Channel and Upright Channel within the following lines: South of a line projected from Flat Point on Lopez Island true west to Shaw Island; west of a line from Neck Point on Shaw Island to Steep Point on Orcas Island; south of a line from Steep Point on Orcas Island to Limestone Point on San Juan Island north of a line from Flat Point on Lopez Island to the northernmost point of Turn Island and thence projected true west to San Juan Island))23B, 25A, and 25B.
(c) Sea Urchin District 3 (Port Angeles) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23D, and 23C east of a line projected true north from ((Low Point, along 123°49'30" W. longitude, and Area 23D))the shoreline near Low Point at -123.8050° longitude to the International Boundary.
The following area, comprising portions of Sea Urchin Districts 3 and 4, is a closed area: (Low Point Closed Area) Those waters of the Strait of Juan de Fuca in the vicinity of Low Point west of a line projected true north from the shoreline at -123.8050° longitude to the International Boundary, and east of a line projected true north from the shoreline at -123.8783° longitude to the International Boundary.
(d) Sea Urchin District 4 (Sekiu) is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 23C west of a line projected true north from Low Point, along ((123°49'30" W.))-123.8783° longitude, and those waters of Area 29 east of a line projected true north from the mouth of ((Rasmussen Creek (3.1 miles southeast of Sail Rock)))the Sekiu River (48.2878°, -124.3954°).
(e) Sea Urchin District 5 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Area 29 west of a line projected true north from the mouth of ((Rasmussen Creek (3.1 miles southeast of Sail Rock)))the Sekiu River (48.2878°, -124.3954°) and Areas ((59A))59A-1, 59A-2, and 59B. Within Sea Urchin District 5, waters within ((one-quarter))1/4 mile of Tatoosh Island are closed to the harvest of sea urchins at all times (Tatoosh Island Closed Area).
(f) Sea Urchin District 6 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D and 26A.
(g) Sea Urchin District 7 is defined as those waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26B, 26C, 26D and 28A. The following areas within Sea Urchin District 7 are closed to the harvest of sea urchins at all times((.)):
(i) Eagle Harbor Closed Area: Those waters of Eagle Harbor west of a line projected from Wing Point (47.6207°, -122.4923°) to Eagle Harbor Creosote Light Number 1 (47.6163°, -122.4965°), ((then))thence projected ((due))true west to the shore on Bainbridge Island (47.6163°).
(ii) ((The))Sinclair Inlet Closed Area: Those waters of Sinclair Inlet west of a line projected southerly from the easternmost point of Point Turner (47.5648°, -122.6233°) to landfall directly below the ((Veteran's Home))Kitsap Transit foot ferry terminal in Annapolis (47.5478°, -122.6162°).
(iii) Hale Passage/Wollochet Bay Closed Area: The waters of Hale Passage and Wollochet Bay within the following lines: West of a line projected true south from the shoreline near Point Fosdick at -122.5833° longitude to 47.2333 latitude, and thence projected true west to the shoreline of Fox Island (47.2333° latitude), and east of a line projected true south from the shoreline near Green Point at -122.6833° longitude to 47.2750° latitude, and thence projected true east to the shoreline of Fox Island (47.2750° latitude).
(5) Shellfish dive gear and harvest vessel restrictions:
(a) It is unlawful to fish for, take, or possess sea urchins by any means other than with ((hand held))handheld tools that do not penetrate the shell.
(b) It is unlawful for more than one diver from a harvest vessel to be in the water at any one time during sea urchin harvest operations or when commercial quantities of sea urchins are onboard, except that two divers may be in the water if the harvest vessel is designated on two sea urchin dive fishery licenses.
(c) It is unlawful for a vessel engaged in the harvest of sea urchins to have through-hull fittings for water discharge hoses below the surface of the water. Through-hull fittings above the water line must be visible at all times. A violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520, Commercial fishingUnlawful gear or methodsPenalty.
(d) It is unlawful to possess a single hose or combination of hoses capable of measuring longer than ((thirty))30 feet or water jet nozzles onboard a vessel engaged in the commercial sea urchin fishery. A violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520, Commercial fishingUnlawful gear or methodsPenalty.
(e) It is unlawful to operate a vessel engaged in sea urchin harvest operations unless the ((vessel registration))harvester number assigned by the department is properly displayed as provided by department rule (WAC 220-340-020). A violation of this subsection is a misdemeanor punishable under RCW 77.15.540, Unlawful use of a commercial fishery licensePenalty.
(6) Possession restrictions: It is unlawful to possess geoduck clams during commercial sea urchin harvest operations, or possess geoduck clams on a vessel that has sea urchins onboard. A violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.550, Violation of commercial fishing area or timePenalty, depending on the circumstances of the violation.
(7) For the purposes of weekly trip limits, the sea urchin fishery week begins Monday and ends Sunday.
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-770Commercial squid fishery.
(1) It is lawful at any time to take or fish for squid for commercial purposes with ((drag seine gear not exceeding 350 feet in length and having meshes of not less than 1-1/4 inches stretch measure,)) dip bag net, brail, and squid jigging gear. Dip bag net and brail may not exceed 10 feet in diameter nor have a mesh less than one inch stretch measure. Stretch measure is defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh, when the mesh is stretched vertically. Other gear may be used to fish for squid commercially if authorized by a permit issued by the director.
(2) Food fish, other shellfish except octopus, and squid eggs caught while fishing for squid must be returned to the water immediately. It is lawful to retain for commercial purposes squid taken incidental to another commercial fishery.
(3) Each vessel fishing for squid may use a lighting system with a combined power of not more than 10 kilowatts (10,000 watts), or equivalent when measured in lumens. Lights of 200 watts (or equivalent when measured in lumens) or greater must be shielded and may not be directed to any point more than 100 feet from the vessel while fishing for or attracting squid.
(4) It is unlawful to fish for squid for commercial purposes within 1/4 mile of the shoreline ((of an incorporated city or town)).
(5) Licensing: A squid fishery license is the license required to operate the gear provided for in this section.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 220-340-740
Sea cucumber license reduction program.
WAC 220-340-760
Sea urchin license reduction program.
OTS-3552.1
AMENDATORY SECTION(Amending WSR 21-24-031, filed 11/22/21, effective 1/1/22)
WAC 220-340-420Commercial crab fisheryUnlawful acts.
(1) Crab size and sex restrictions. It is unlawful for any person acting for commercial purposes to take, possess, deliver, or otherwise control:
(a) Any female Dungeness crab; or
(b) Any male Dungeness crab measuring less than 6-1/4 inches, caliper measurement, at the widest part of the shell immediately in front of the points (tips).
(2) Violation of subsection (1) of this section is a gross misdemeanor or class C felony depending on the value of fish or shellfish taken, possessed, or delivered, punishable under RCW 77.15.550 (1)(c).
(3) Incidental catch may not be retained. It is unlawful to retain salmon, food fish, or any shellfish other than octopus that is taken incidental to any commercial crab fishing.
(4) Net fishing boats must not have crab on board. It is unlawful for any person to possess any crab on board a vessel geared or equipped with commercial net fishing gear while fishing with the net gear for commercial purposes or while commercial quantities of food fish or shellfish are on board. Violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.550(1), depending on the quantity of crab taken or possessed.
(5) Area must be open to commercial crabbing. It is unlawful for any person to set, maintain, or operate any baited or unbaited shellfish pots for taking crab for commercial purposes in any area or time that is not open for commercial crabbing by rule of the department, except when acting lawfully under the authority of a valid gear recovery permit as provided in WAC 220-340-450.
(6) Violation of subsection (5) of this section is a gross misdemeanor or class C felony punishable under RCW 77.15.550, or a gross misdemeanor punishable under RCW 77.15.522 depending on the circumstances of the violation.
(7) When it is unlawful to buy or land crab from the ocean without a crab vessel inspection. It is unlawful for any fisher or wholesale fish buyer to land or purchase Dungeness crab taken from Grays Harbor, Willapa Bay, the Columbia River, or Washington coastal or adjacent waters of the Pacific Ocean from any vessel that has not been issued a Washington crab vessel inspection certificate during the first 30 days following the opening of a coastal crab season.
(a) Authorized department personnel will perform inspections for Washington crab vessel inspection certificates no earlier than 12 hours prior to the opening of the coastal crab season and during the following 30-day period.
(b) A Washington crab vessel inspection certificate may be issued to vessels made available for inspection at a Washington coastal port that:
(i) Are properly licensed commercial crab fishing; and
(ii) Contain no Dungeness crab on board the vessel.
(8) Violation of subsection (7) of this section is a gross misdemeanor, punishable under RCW 77.15.550 (1)(a) Violation of commercial fishing area or timePenalty.
(9) ((Coastal - Barging of crab pots by undesignated vessels. It is unlawful for a vessel not designated on a Dungeness crab coastal fishery license to deploy crab pot gear except under the following conditions:
(a)))Barging of crab pots by undesignated vessels. It is unlawful for a vessel not designated on a Dungeness crab coastal or Puget Sound fishery license to deploy crab pot gear except under the following conditions:
(a) Coastal
(i) The vessel deploys pot gear only during the 73-hour period immediately preceding the season opening date and during the 48-hour period immediately following the season opening date;
(((b)))(ii) The undesignated vessel carries no more than 250 crab pots at any one time; and
(((c)))(iii) The primary or alternate operator of the crab pot gear named on the license associated with the gear is on board the undesignated vessel while the gear is being deployed.
(b) Puget Sound
(i) The vessel deploys pot gear only during the 48-hour period immediately following the initial season opening date and time;
(ii) The primary or alternate operator designated on the license associated with the barged gear is on board the nondesignated vessel ("barge" vessel) while the gear is being deployed; and
(iii) The Puget Sound commercial crab license holder who owns the gear intended for barging has provided notice to the department via email at crab.report@dfw.wa.gov at least 24 hours in advance of the fishery opening date. Notice must include the following information:
(A) Name and license number(s) of the owner of the gear being barged;
(B) Name of the designated primary operator, if different from the licensed owner;
(C) Name of the alternate operator, if used to deploy pots from a nondesignated vessel;
(D) Buoy brand number and number of pots to be deployed from a nondesignated vessel;
(E) Name and identification numbers (WN and/or Coast Guard) of the nondesignated vessel;
(F) Puget Sound Crab Management Region or set location.
(10) Violation of subsection (9) of this section is a gross misdemeanor or class C felony punishable under RCW 77.15.500 Commercial fishing without a licensePenalty, depending on the circumstances of the violation.
(11) Storing crab prior to delivery to an original receiver, Puget Sound. It is unlawful for a Puget Sound commercial crab license holder to store crab prior to delivery to an original receiver, except under the following conditions:
(a) It is unlawful to store crab for more than 10 days prior to delivery to an original receiver.
(b) All crab that have been removed from a vessel and are not immediately delivered to an original receiver must be stored in containers labeled with the following:
(i) Date of harvest;
(ii) An estimate of pounds of crab contained;
(iii) Either the Marine Fish-Shellfish (MFSF) Catch Reporting Area or the Crab Management Region from which the catch originated;
(iv) Containers used for storing crab removed from a vessel and not delivered to an original receiver by 5:00 p.m. of the day following the day of harvest must additionally be labeled with the commercial fish and shellfish transportation ticket number(s).
(c) Storage of crab is subject to the reporting requirements described in WAC 220-352-340.
AMENDATORY SECTION(Amending WSR 21-24-031, filed 11/22/21, effective 1/1/22)
WAC 220-340-430Commercial crab fisheryGear requirements.
(1) Buoy tag and pot tag required.
(a) It is unlawful to place in the water, pull from the water, possess on the water, or transport on the water any crab buoy or crab pot without an attached buoy tag and pot tag that meet the requirements of this section, except as provided by (b) and (c) of this subsection. A violation of this subsection is punishable under RCW 77.15.520 Commercial fishingUnlawful gear or methodsPenalty.
(b) Persons operating under a valid coastal gear recovery permit as provided in WAC 220-340-440 may possess crab pots or buoys missing tags or bearing the tags of another license holder, provided the permittee adheres to provisions of the permit. Failure to adhere to the provisions of the permit is a gross misdemeanor, punishable under RCW 77.15.750 Unlawful use of a department permitPenalty.
(c) Persons operating under a valid coastal gear transport permit as provided in WAC 220-340-440 may possess crab pots or buoys bearing the tags issued by another state, provided the permittee adheres to provisions of the permit. Failure to adhere to the provisions of the permit is a gross misdemeanor, punishable under RCW 77.15.750 Unlawful use of a department permitPenalty.
(2) Commercial crab fishery pot tag requirements: Each shellfish pot used in the commercial crab fishery must have a durable, nonbiodegradable tag securely attached to the pot that is permanently and legibly marked with the license owner's name or license number and telephone number. If the tag information is illegible, or the tag is lost for any reason, the pot is not in compliance with state law. A violation of this subsection is punishable under RCW 77.15.520 Commercial fishingUnlawful gear or methodsPenalty.
(3) Commercial crab fishery buoy tag requirements.
(a) The department issues crab pot buoy tags to the owner of each commercial crab fishery license upon payment of an annual buoy tag fee per crab pot buoy tag. Prior to setting gear, each Puget Sound crab license holder must purchase 100 tags, and each coastal crab fisher must purchase 300 or 500 tags, depending on the crab pot limit assigned to the license.
(b) In coastal waters, except if authorized by permit issued by the director, each crab pot must have the department-issued buoy tag securely attached to the first buoy on the crab pot buoy line (the buoy closest to the crab pot), and the buoy tag must be attached to the end of the first buoy, at the end away from the crab pot buoy line.
(c) In Puget Sound, all crab buoys must have the department-issued buoy tag attached to the outermost end of the buoy line.
(d) If there is more than one buoy attached to a pot, only one buoy tag is required.
(e) All remaining, undeployed buoy tags per license per region must be onboard the designated vessel and available for immediate inspection by the department.
(f) Replacement crab buoy tags.
(i) Puget Sound: The department only issues additional tags to replace lost tags to owners of Puget Sound commercial crab fishery licenses who obtain, complete, and sign a declaration, under penalty of perjury, in the presence of an authorized department employee. The declaration must state the number of buoy tags lost, the location and date where the licensee last observed lost gear or tags, and the presumed cause of the loss.
(ii) Coastal: The department only issues replacement buoy tags for the coastal crab fishery in the case of extraordinary loss or on a case-by-case basis. Replacement buoy tags will not be issued in excess of the license holder's permanent pot limit.
(4) A violation of subsection (3) of this section is a gross misdemeanor, punishable under RCW 77.15.520 Commercial fishingUnlawful gear or methodsPenalty.
(5) Commercial crab fishery buoy requirements.
(a) All buoys attached to commercial crab gear must consist of a durable material and remain floating on the water's surface when 5 pounds of weight is attached, unless otherwise authorized by permit issued by the director.
(b) It is unlawful to use bleach, antifreeze or detergent bottles, paint cans, or any other container as a buoy. The line attaching a buoy to shellfish gear must be weighted sufficiently to prevent the excess line from floating on the water's surface.
(c) No buoys attached to commercial crab gear in Puget Sound may be both red and white in color unless a minimum of 30 percent of the surface of each buoy is also prominently marked with an additional color or colors other than red or white. Red and white colors are reserved for personal use crab gear as described in WAC 220-330-020.
(((c)))(d) It is unlawful for any coastal Dungeness crab fishery license holder to fish for crab unless the license holder has registered the buoy brand and buoy color(s) to be used with the license. A license holder may register only one unique buoy brand and one buoy color scheme with the department per license. Persons holding more than one state license must register buoy color(s) for each license that are distinctly different. The buoy color(s) will be shown in a color photograph.
(i) All buoys fished under a single license must be marked in a uniform manner with one buoy brand number registered by the license holder with the department and be of identical color or color combinations, unless otherwise authorized by permit issued from the director.
(ii) It is unlawful for a coastal Dungeness crab fishery license holder to fish for crab using any other buoy brand or color(s) than those registered with and assigned to the license by the department.
(6) Coastal commercial crab fishery line requirements.
(a) All crab pots used in the coastal Dungeness crab fishery shall be set up to use only the amount of line reasonably necessary to compensate for tides, currents, and weather.
(b)(i) ((Beginning December 1, 2020,))It is unlawful for a coastal Dungeness crab fishery license holder to use line that connects the main buoy to the crab pot that is not marked sufficiently to identify it as gear used in the Washington coastal Dungeness crab fishery.
(ii) For each shellfish pot used in the Washington coastal commercial Dungeness crab fishery and rigged with line, that line must be marked with 12 inches of red in at least two places. At a minimum, 12 inches of line must be marked in red, no more than one fathom from the main buoy and no more than one fathom from the pot.
(7) Violation of subsection (5) of this section is a gross misdemeanor, punishable under RCW 77.15.520 Commercial fishingUnlawful gear or methodsPenalty.
OTS-3519.2
AMENDATORY SECTION(Amending WSR 18-11-052, filed 5/10/18, effective 6/10/18)
WAC 220-352-335Puget Sound shrimpAdditional reporting requirements.
Harvesters, pot fishery
(1) License registration: Each fisher or alternate operator is required to report their intended catch area of harvest, target species (spot or nonspot shrimp), and the quantity of pounds that are being targeted prior to the deployment of any shrimp gear. Reports must be submitted via email or text to shrimp.report@dfw.wa.gov or via an electronic reporting system approved by the department.
(2) Quick reports: Daily catch must be reported to the department by 10:00 a.m. the day after the shrimp are harvested. Reports must be submitted via email or text to shrimp.report@dfw.wa.gov or via an electronic reporting system provided by the agency. Daily catch reports must include the following information as it is recorded on the fish receiving ticket:
(a) Fisher name, buyer name, and date of sale;
(b) Quantity of pounds landed per shrimp species;
(c) Catch area and date of harvest; and
(d) The entire alphanumeric fish ticket number, including the alphabetic prefix.
(e) A fisher who is the wholesale fish buyer or limited fish seller (the original receiver) may submit a quick report per provisions of this subsection to satisfy the requirements of this subsection.
Original Receivers
(((1)))(3) Any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested with pot or trawl gear must record on the shellfish receiving ticket the appropriate catch area based on the location of harvest and the boundary definitions specified in WAC ((220-340-520))220-320-140.
(((2)))(4) Quick reports: Any person originally receiving or purchasing shrimp, other than ghost shrimp, taken from Puget Sound by trawl gear or pot gear must report to the department the previous day's purchases by 10:00 a.m. the following morning.
(a) Reports must be sent ((by fax to 360-302-3031 or)) by text message or email to ((shrimpreport@dfw.wa.gov))shrimp.report@dfw.wa.gov, or by an electronic reporting system approved by the department.
(b) Reports must include, for each fish receiving ticket prepared:
(i) The wholesale fish buyer name((,))and number;
(ii) Fisher name((, and));
(iii) Date of sale;
(((ii) The fish receiving ticket number, including the first alphanumeric letter; and
(iii) The total number))(iv) The entire alphanumeric fish ticket number, including the alphabetic prefix;
(v) The quantity of pounds delivered per shrimp species((.
(3) Alternative reporting requirements may be specified in an electronic fish receiving ticket agreement (WAC 220-352-035(3)).)); and
(vi) The Shrimp Region (WAC 220-320-140) and Marine Fish-Shellfish Management and Catch Reporting Area (WAC 220-301-050) from which the shrimp was harvested.
(c) Receivers who complete and submit an electronic fish receiving ticket form, which is also received by the department, per the provisions of WAC 220-352-035 are exempted from the requirements of this subsection.
AMENDATORY SECTION(Amending WSR 18-11-052, filed 5/10/18, effective 6/10/18)
WAC 220-352-340Puget Sound crabAdditional reporting requirements.
(1) License registration: Puget Sound commercial crab license holders, or their designated alternate operators, must register which Crab Management Region to which gear will be deployed for each license they hold prior to the fishery opening date.
(a) Registrations must be updated when gear moves between areas.
(b) The department must be notified if gear is not going to be deployed for a period of 72 hours or longer.
(c) Registrations must be made by registering via the WDFW Puget Sound commercial crabbing web page or via email or text to crab.report@dfw.wa.gov.
(d) Reports must include the following information:
(i) Vessel operator name;
(ii) Vessel name and vessel registration number;
(iii) Permit number(s) to be fished;
(iv) Crab Management Region to be fished;
(v) Gear deployment date.
(2) Quick reports: Any person originally receiving or purchasing Dungeness crab taken from Puget Sound by nontreaty fishers must report to the department the previous day's purchases by 10:00 a.m. the following day.
(a) Reports must be sent ((to the Mill Creek Regional Office by fax to 425-338-1066, or)) by email or text message to ((crabreport@dfw.wa.gov))crab.report@dfw.wa.gov, or by using the Puget Sound commercial crab reporting website.
(b) For crab originally received or purchased by a licensed fish buyer, reports must include, for each fish receiving ticket ((submitted))completed by a licensed fish buyer:
(i) The name and department-issued license number of the wholesale fish buyer or limited fish seller;
(ii) The phone number or email address of the wholesale fish buyer or limited fish seller;
(iii) The date of ((delivery))landing of crab ((to the original receiver)); and
(iv) The ((total number))quantity of pounds of crab delivered, by Crab Management Region (WAC 220-320-110) or by Marine Fish-Shellfish Management and Catch Reporting Area (WAC 220-301-040).
(((2) Alternative reporting requirements may be specified in an electronic fish receiving ticket agreement (WAC 220-352-035(3)).))(c) Receivers who complete and submit an electronic fish receiving ticket form, which is also received by the department, per the provisions of WAC 220-352-035 are exempted from the requirements of this subsection.
(3) Shellfish transportation tickets: If crab are transported from a vessel prior to completing a fish receiving ticket and not delivered to an original receiver by 5:00 p.m. on the day following the day of harvest, the fisher must complete and submit a commercial fish and shellfish transportation ticket per the provisions of WAC 220-352-230 and submit a transported crab quick report to the department.
(a) "Transported" is intended to include crab stored beyond 5:00 p.m. on the day following the day of harvest and prior to delivery to an original receiver.
(b) Separate commercial fish and shellfish transportation tickets must be filled out for each day's harvest that is not delivered to a licensed fish buyer by 5:00 p.m. on the day following the day of harvest.
(4) Transported crab quick reports: Transported crab quick reports must be submitted by the fisher and received by the department by 10:00 a.m. the day following the day crab are offloaded from the vessel for storage. Reports must be made online using the Puget Sound commercial crab reporting website or by email or text to crab.report@dfw.wa.gov. Reports must include:
(a) The name of the fisher who caught the crab;
(b) The date of harvest of the crab;
(c) Puget Sound commercial license number of the fisher who caught the crab;
(d) The vessel ID from which the crab were harvested;
(e) The number of containers used to store the crab;
(f) The approximate weight of the crab retained;
(g) Catch Reporting Area of crab harvested;
(h) The quantity of pounds of crab retained by Crab Management Region or by Marine Fish-Shellfish Management Area; and
(i) Shellfish transportation ticket number(s).
(5) Delivery of crab previously retained beyond 5:00 p.m. on the day following the day of harvest (transported crab): Commercial harvesters of crab in Puget Sound must report the delivery to an original receiver of all transported crab by 10:00 a.m. the day following delivery to an original receiver. Reports must be made using the department-provided electronic forms on the Puget Sound commercial crab reporting website, or by email or text to crab.report@dfw.wa.gov. Reports must contain:
(a) Fisher name;
(b) WDFW-issued vessel ID;
(c) Puget Sound commercial license number;
(d) Date of sale;
(e) Dealer name;
(f) Commercial shellfish transportation ticket number(s) associated with the delivered crab; and
(g) Fish receiving ticket number(s) corresponding to landing date of delivery.
NEW SECTION
WAC 220-352-355Puget Sound scallopAdditional reporting requirements.
(1) Any wholesale dealer acting in the capacity of an original receiver and receiving scallops from nontreaty fishers must report to the department each day's purchases by 10:00 a.m. the following day.
(a) Reports must be made by text message or email to scallopreport@dfw.wa.gov.
(b) Reports must include, for each ticket prepared:
(i) The licensed fish buyer name, fisher name, date of landing, and the name of the port of landings;
(ii) The entire alphanumeric fish ticket number, including the alphabetic prefix;
(iii) The quantity of pounds received from each Marine Fish-Shellfish Management and Catch Reporting Area; and
(iv) The number of pounds that will be transported to a Washington department of health approved wet storage facility, the location of the approved wet storage facility, and the name of the operator of the wet storage facility.
(2) Alternative reporting requirements may be specified in an electronic fish receiving ticket agreement (WAC 220-352-035).