PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-07-020.
Title of Rule: Conservation areas -- Puget Sound.
Purpose: To change several marine preserves into conservation areas, modify one conservation area and regulate harvest in one marine preserve.
Statutory Authority for Adoption: Section 7, chapter 107, Laws of 2000.
Statute Being Implemented: Section 7, chapter 107, Laws of 2000.
Summary: Two marine preserves will become new conservation areas and the boundaries of one conservation area will be modified. One marine preserve (Colvos Passage) will be closed to commercial harvest and to recreational harvest except recreational salmon trolling.
Reasons Supporting Proposal: Many fish species in the area east of Cape Flattery are depressed. Additional areas are needed as unfished reference areas to provide information on resources and ecological relationships absent fishing pressure. These areas will provide production areas for a variety of species including rocky reef species such as rockfish. Orchard Rocks Conservation Area is being modified to make it easier to understand and to improve the effectiveness of the closure. Saltar's Point Beach is owned by the city of Steilacoom and managed as a city park. Closure to harvest is supportive of the local management intent.
Name of Agency Personnel Responsible for Drafting: Mary Lou Mills, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2834; Implementation: Lew Atkins, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2325; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2373.
Name of Proponent: Washington Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule changes two marine preserves to conservation areas (Waketickeh Creek and Saltar's Point Beach), modifies the boundaries of one existing conservation area (Orchard Rocks Conservation Area), and establishes harvest regulations in the marine preserves.
Marine preserves and conservation areas are needed to provide protection for depressed stocks of fish, shellfish and unclassified wildlife, to afford nonconsumptive use, and to serve as study sites. Additionally rebuilding efforts for overharvested stocks will be enhanced by having nonharvest zones.
Proposal Changes the Following Existing Rules: The proposal changes the status of Waketickeh Creek and Saltar's Point Beach from marine preserves to conservation areas. The rule will clarify the boundaries for the Orchard Rocks Conservation Area. The adoption of the rules at Colvos Passage Marine Preserve will close all commercial fishing and all recreational fishing except for recreational salmon harvest by trolling. Harvest of unclassified species will also be closed in this area.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: None.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? The rule is not expected to produce a loss of revenue for any commercial fishing operation in the area. Saltar's Point Beach and the additional area at Orchard Rocks do not have significant commercial harvest for any species. Saltar's Point Beach is only intertidal area. The area being closed at Orchard Rocks is mainly within the lease holding of the net pen operation. The net pen operation will be unaffected by the closure since they deal with private cultured product (the fish in the pens) which is not under WDFW authority.
The total allowable catch for all species will remain the same for the Puget Sound and Hood Canal area following establishment of these conservation areas and preserve. Total commercial catch for the basins involved will not be affected by the establishment of the conservation areas or the marine preserves, although nontribal fishers will be displaced geographically. The commercial salmon fishers have a strong interest in having the Colvos Passage site marked because it is between two popular drifts. Marking for potential night fishing would be more difficult.
5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:
a. Cost per employee;
b. Cost per hour of labor; or
c. Cost per one hundred dollars of sales.
No cost.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: There are no costs for this rule.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule:
A. Several public meetings were held to discuss these sites.
1. Prior to the adoption of the boundaries, two public meetings were held (Hoodsport, Washington and Tacoma, Washington).
2. After adoption of the boundaries, a public meeting was held in Tacoma, Washington, to discuss the closures. Approximately 1500 letters were sent to holders of commercial fishing licenses to announce the meeting.
3. Information was distributed at the North of Falcon meeting in Tukwila, Washington.
B. Public hearings in the Fish and Wildlife Commission rule adoption process.
One public hearing was held at the time the boundaries were adopted. A second hearing will be held as part of the adoption process for the fishing regulations within the boundaries.
8. A List of Industries That Will Be Required to Comply with the Rule: All commercial fishers must comply.
A copy of the statement may be obtained by writing to Mary Lou Mills, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2834, fax (360) 902-2944.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These are not hydraulic rules.
Hearing Location: Best Western Hotel, 15901 West Valley Road, Tukwila, WA, on August 11, 2000, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by July 25, 2000, TDD (360) 902-2207, or (360) 902-2226.
Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2942, by August 10, 2000.
Date of Intended Adoption: August 11, 2000.
June 28, 2000
Evan Jacoby
Rules Coordinator
OTS-4175.1
AMENDATORY SECTION(Amending Order 00-29, filed 3/29/00,
effective 5/1/00)
WAC 220-16-590
Orchard Rocks Conservation Area.
"Orchard
Rocks Conservation Area" is defined as those waters and bedlands
of Rich Passage within a 400-yard radius of Orchard Rocks day
marker. ((All waters and bedlands within 400 yards of the day
marker at Orchard Rocks not within the Orchard Rocks Conservation
Area are included in the Orchard Rocks Marine Reserve.))
[Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-16-590, filed 3/29/00, effective 5/1/00; 98-06-031, § 220-16-590, filed 2/26/98, effective 5/1/98.]
"Waketickeh Creek ((Marine Reserve))
Conservation Area" is defined as those waters and bedlands from
Waketickeh Creek (located 1000 yards northeast of Cummings Point)
out perpendicular to shore 500 yards, then parallel to shore
northeast 1700 yards, then back to shore along a line
perpendicular to shore, excluding the area within 100 feet of
ordinary high water.
[Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-16-740, filed 3/29/00, effective 5/1/00.]
"Saltar's Point Beach ((Marine Reserve))
Conservation Area" is defined as those tidelands owned by the
Town of Steilacoom at Saltar's Point Beach located between
Montgomery Street and Martin Street, and the water column above
those tidelands.
[Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-16-750, filed 3/29/00, effective 5/1/00.]
OTS-4174.1
AMENDATORY SECTION(Amending Order 98-120, filed 7/7/98,
effective 8/7/98)
WAC 220-20-015
Lawful and unlawful acts -- Salmon.
(1) It is unlawful to operate in any river, stream or channel any gill net gear longer than three-fourths the width of the stream; this provision shall supersede all other regulations in conflict with it.
(2) It is unlawful to operate any net for removing snags from state waters without permit from the department of fisheries.
(3) It is unlawful to take, fish for or possess for commercial purposes chinook salmon less than 28 inches in length or coho salmon less than 16 inches in length except as follows:
(a) In the Puget Sound, Grays Harbor, Willapa Bay and Columbia River commercial salmon net fisheries there is no minimum size limit on salmon taken with gill net gear.
(b) In the Pacific Ocean commercial salmon troll fishery frozen chinook salmon, dressed heads off shall be 21 1/2 inches minimum and frozen coho salmon dressed heads off shall be 12 inches minimum, measured from the midpoint of the clavicle arch to the fork of the tail.
(c) This subsection does not apply to salmon raised in aquaculture.
(4) It is unlawful to set, maintain, or operate any reef net gear at any location which places the stern ends of either or both reef net boats of said gear less than a distance of 800 feet in front of or behind the head buoys of any row or reef net gear, within the boundaries of the Lummi Island Reef Net Fisheries Area, as described in RCW 75.12.140.
(5) It is lawful to possess salmon for any purpose which were lawfully obtained from state and federal government fish hatcheries and facilities. Subsections (3) and (12) of WAC 220-20-010 and subsection (3) of WAC 220-20-015 do not apply to salmon possessed under this subsection.
(6) It is unlawful to take or fish for food fish from a commercial salmon trolling vessel with gear other than lawful troll line gear while said vessel is engaged in commercial fishing or has commercially caught fish aboard.
(7) It shall be unlawful to angle for salmon for personal use from any vessel that is engaged in commercial salmon trolling or has commercially caught salmon aboard.
(8) It is unlawful to fish for or possess salmon taken for
commercial purposes from the Sund Rock Marine Preserve ((or)),
the Titlow Beach Marine Preserve or the Colvos Passage Marine
Preserve.
(9) It is unlawful to take salmon for personal use from the Colvos Passage Marine Preserve except by trolling, defined as fishing from a vessel under power and in gear making forward progress.
[Statutory Authority: RCW 75.08.080. 98-15-031 (Order 98-120), § 220-20-015, filed 7/7/98, effective 8/7/98; 84-13-078 (Order 84-53), § 220-20-015, filed 6/21/84; 79-10-013 (Order 79-75), § 220-20-015, filed 9/7/79; 78-05-067 (Order 78-20), § 220-20-015, filed 4/27/78; Order 77-66, § 220-20-015, filed 8/5/77; Order 77-14, § 220-20-015, filed 4/15/77; Order 76-24A, § 220-20-015, filed 4/20/76; Order 1251, § 220-20-015, filed 8/18/75; Order 1210, § 220-20-015, filed 5/26/75; Order 1143, § 220-20-015, filed 8/8/74; Order 1116, § 220-20-015, filed 4/30/74; Order 1049, § 220-20-015, filed 4/11/73; Order 984, § 220-20-015, filed 2/17/72; Order 925, § 220-20-015, filed 6/3/71; Order 920, § 220-20-015, filed 5/13/71; Order 810, § 220-20-015, filed 4/17/69.]
(1) It is unlawful to fish for or possess for commercial purposes any round, undressed white sturgeon less than 48 inches or greater than 60 inches in length or any round, undressed green sturgeon less than 48 inches or greater than 66 inches in length.
(2) It is unlawful to fish for or possess for commercial purposes or possess aboard a commercial fishing vessel for any purpose any species of halibut (Hippoglossus) unless permitted by the current regulations of the International Pacific Halibut Commission.
(3) It is unlawful to fish for or possess for commercial purposes sturgeon taken from any of the waters of Puget Sound or tributaries, and any sturgeon taken with any type of commercial gear incidental to a lawful fishery shall immediately be returned to the water unharmed.
(4) It is unlawful to fish for food fish for commercial purposes in the waters of Shilshole Bay inland and inside a line projected in a southwesterly direction from Meadow Point to West Point.
(5) It is unlawful to fish for or possess for commercial purposes any starry flounder less than 14 inches in length taken by any commercial gear, in all Puget Sound Marine Fish-Shellfish Areas.
(6) It shall be unlawful to harvest herring eggs naturally deposited on marine vegetation or other substrate, unless a person has a permit issued by the director.
(7) It is unlawful to fish for or possess food fish other than salmon taken for commercial purposes from the San Juan Islands Marine Preserve, except that it is lawful to take herring.
(8) It is unlawful to fish for or possess food fish other
than salmon taken from the Titlow Beach Marine Preserve, ((or))
the Sund Rock Marine Preserve or the Colvos Passage Marine
Preserve.
[Statutory Authority: RCW 75.08.080. 00-01-103 (Order 99-215), § 220-20-020, filed 12/16/99, effective 1/16/00; 98-15-031 (Order 98-120), § 220-20-020, filed 7/7/98, effective 8/7/98; 97-07-043 (Order 97-51), § 220-20-020, filed 3/14/97, effective 4/14/97; 95-23-020 (Order 95-166), § 220-20-020, filed 11/8/95, effective 12/9/95; 93-14-042 (Order 93-54), § 220-20-020, filed 6/29/93, effective 7/30/93. Statutory Authority: RCW 75.08.080 and 75.28.245. 90-07-003 (Order 90-17), § 220-20-020, filed 3/8/90, effective 4/8/90. Statutory Authority: RCW 75.08.080. 90-06-045 (Order 90-15), § 220-20-020, filed 3/1/90, effective 4/1/90; 80-09-072 (Order 80-69), § 220-20-020, filed 7/18/80; 79-03-014 (Order 79-11), § 220-20-020, filed 2/15/79; Order 77-147, § 220-20-020, filed 12/16/77; Order 77-14, § 220-20-020, filed 4/15/77; Order 76-148, § 220-20-020, filed 12/2/76; Order 76-26, § 220-20-020, filed 4/20/76; Order 1193-A, § 220-20-020, filed 3/5/75; Order 1193, § 220-20-020, filed 3/4/75; Order 1143, § 220-20-020, filed 8/8/74; Order 1105, § 220-20-020, filed 12/28/73; Order 1057, § 220-20-020, filed 5/22/73; Order 1045, § 220-20-020, filed 3/8/73; Order 988, § 220-20-020, filed 4/28/72; Order 920, § 220-20-020, filed 5/13/71; Order 862, § 220-20-020, filed 4/16/70; Order 817, § 220-20-020, filed 5/29/69; Order 810, § 220-20-020, filed 4/17/69.]
(1) It is unlawful to drive or operate any motor-propelled vehicle, land any airplane or ride or lead any horse on the razor clam beds of the state of Washington, as defined in WAC 220-16-257. A violation of this subsection shall be punished as an infraction.
(2) It is unlawful to possess any soft-shelled crab for any purpose.
(3) It is unlawful to possess in the field any crab from which the back shell has been removed.
(4) It is unlawful to use any chemicals when taking or fishing for octopus except for persons granted a scientific collector's permit from the department for the harvest of octopus for display or scientific purposes.
(5) It is unlawful to willfully damage crab or other shellfish. Any crab taken incidentally to a net fishery must be immediately returned to the water with the least possible damage to the crab.
(6) It is unlawful to fish for or possess shellfish taken for commercial purposes from the San Juan Islands Marine Preserve, except it is lawful to fish for crab in Parks Bay.
(7) It is unlawful to fish for, harvest, or possess
shellfish taken from the Titlow Beach Marine Preserve ((or)), the
Sund Rock Marine Preserve or the Colvos Passage Marine Preserve.
[Statutory Authority: RCW 75.08.080. 00-01-095 (Order 99-213), § 220-20-025, filed 12/15/99, effective 1/15/00; 98-15-031 (Order 98-120), § 220-20-025, filed 7/7/98, effective 8/7/98; 95-23-020 (Order 95-166), § 220-20-025, filed 11/8/95, effective 12/9/95; 94-12-009 (Order 94-23), § 220-20-025, filed 5/19/94, effective 6/19/94; 90-06-045 (Order 90-15), § 220-20-025, filed 3/1/90, effective 4/1/90; 80-13-064 (Order 80-123), § 220-20-025, filed 9/17/80; Order 1179, § 220-20-025, filed 11/19/74; Order 990, § 220-20-025, filed 5/11/72; Order 810, § 220-20-025, filed 4/17/69.]
OTS-4173.1
AMENDATORY SECTION(Amending Order 00-47, filed 4/19/00,
effective 5/20/00)
WAC 232-12-011
Wildlife classified as protected shall not
be hunted or fished.
Protected wildlife are designated into three subcategories: Threatened, sensitive, and other.
(1) Threatened species are any wildlife species native to the state of Washington that are likely to become endangered within the foreseeable future throughout a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as threatened include:
| Common Name | Scientific Name |
| western gray squirrel | Sciurus griseus |
| Steller (northern) sea lion |
Eumetopias jubatus |
| North American lynx | Lynx canadensis |
| Aleutian Canada goose | Branta Canadensis leucopareia |
| bald eagle | Haliaeetus leucocephalus |
| ferruginous hawk | Buteo regalis |
| marbled murrelet | Brachyramphus marmoratus |
| green sea turtle | Chelonia mydas |
| loggerhead sea turtle | Caretta caretta |
| sage grouse | Centrocercus urophasianus |
| sharp-tailed grouse | Phasianus columbianus |
(2) Sensitive species are any wildlife species native to the state of Washington that are vulnerable or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as sensitive include:
| Common Name | Scientific Name |
| Gray whale | Eschrichtius gibbosus |
| Common Loon | Gavia immer |
| Larch Mountain salamander |
Plethodon larselli |
| Pygmy whitefish | Prosopium coulteri |
| Margined sculpin | Cottus marginatus |
| Olympic mudminnow | Novumbra hubbsi |
(3) Other protected wildlife include:
| Common Name | Scientific Name |
| cony or pika | Ochotona princeps |
| least chipmunk | Tamius minimus |
| yellow-pine chipmunk | Tamius amoenus |
| Townsend's chipmunk | Tamius townsendii |
| red-tailed chipmunk | Tamius ruficaudus |
| hoary marmot | Marmota caligata |
| Olympic marmot | Marmota olympus |
| Cascade golden-mantled ground squirrel |
Spermophilus saturatus |
| golden-mantled ground squirrel |
Spermophilus lateralis |
| Washington ground squirrel |
Spermophilus washingtoni |
| red squirrel | Tamiasciurus hudsonicus |
| Douglas squirrel | Tamiasciurus douglasii |
| northern flying squirrel | Glaucomys sabrinus |
| wolverine | Gulo gulo |
| painted turtle | Chrysemys picta |
| California mountain kingsnake |
Lampropeltis zonata; |
All birds not classified as game birds, predatory birds or
endangered species, or designated as threatened species or
sensitive species; all bats, except when found in or immediately
adjacent to a dwelling or other occupied building; all wildlife
within Titlow Beach Marine Preserve ((Area)), the Sund Rock
Marine Preserve, the Colvos Passage Marine Preserve, and the
conservation areas defined in chapter 220-16 WAC; mammals of the
order Cetacea, including whales, porpoises, and mammals of the
order Pinnipedia not otherwise classified as endangered species,
or designated as threatened species or sensitive species. This
section shall not apply to hair seals and sea lions which are
threatening to damage or are damaging commercial fishing gear
being utilized in a lawful manner or when said mammals are
damaging or threatening to damage commercial fish being lawfully
taken with commercial gear.
[Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770. 00-10-001 (Order 00-47), § 232-12-011, filed 4/19/00, effective 5/20/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-04-017 (Order 00-05), § 232-12-011, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.020. 98-23-013 (Order 98-232), § 232-12-011, filed 11/6/98, effective 12/7/98. Statutory Authority: RCW 77.12.040. 98-10-021 (Order 98-71), § 232-12-011, filed 4/22/98, effective 5/23/98. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 232-12-011, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 77.12.020. 97-18-019 (Order 97-167), § 232-12-011, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040, 77.12.020, 77.12.030 and 77.32.220. 97-12-048, § 232-12-011, filed 6/2/97, effective 7/3/97. Statutory Authority: RCW 77.12.020. 93-21-027 (Order 615), § 232-12-011, filed 10/14/93, effective 11/14/93; 90-11-065 (Order 441), § 232-12-011, filed 5/15/90, effective 6/15/90. Statutory Authority: RCW 77.12.040. 89-11-061 (Order 392), § 232-12-011, filed 5/18/89; 82-19-026 (Order 192), § 232-12-011, filed 9/9/82; 81-22-002 (Order 174), § 232-12-011, filed 10/22/81; 81-12-029 (Order 165), § 232-12-011, filed 6/1/81.]