WSR 02-15-025

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed July 10, 2002, 8:16 a.m. ]

Title of Rule: Personal use and commercial fishing rules.

Purpose: Repeal redundant provisions regarding conservation areas and marine preserves.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Repeals language that has been consolidated in WAC 220-20-100, regarding taking fish and shellfish in marine protected areas.

Reasons Supporting Proposal: Eliminate redundant language.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2373.

Name of Proponent: 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 harvest rules for all conservation areas and marine preserves have been collected in a single WAC. These changes eliminate the redundancy of harvest restrictions in three other WACs.

Proposal does not change existing rules.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Department of Fish and Wildlife, 6000 Capitol Way, Olympia, WA 98501-1091 , AND RECEIVED BY September 23, 2002.


July 9, 2002

Evan Jacoby

Rules Coordinator

OTS-5699.1


AMENDATORY SECTION(Amending Order 00-149, filed 8/16/00, effective 9/16/00)

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, 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 77.12.047. 00-17-106 (Order 00-149), 220-20-015, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 98-15-031 (Order 98-120), 220-20-015, filed 7/7/98, effective 8/7/98; 84-13-078 (Order 84-53), 220-20-015, filed 6/21/84; 79-10-013 (Order 79-75), 220-20-015, filed 9/7/79; 78-05-067 (Order 78-20), 220-20-015, filed 4/27/78; Order 77-66, 220-20-015, filed 8/5/77; Order 77-14, 220-20-015, filed 4/15/77; Order 76-24A, 220-20-015, filed 4/20/76; Order 1251, 220-20-015, filed 8/18/75; Order 1210, 220-20-015, filed 5/26/75; Order 1143, 220-20-015, filed 8/8/74; Order 1116, 220-20-015, filed 4/30/74; Order 1049, 220-20-015, filed 4/11/73; Order 984, 220-20-015, filed 2/17/72; Order 925, 220-20-015, filed 6/3/71; Order 920, 220-20-015, filed 5/13/71; Order 810, 220-20-015, filed 4/17/69.]


AMENDATORY SECTION(Amending Order 01-286, filed 12/27/01, effective 1/27/02)

WAC 220-20-020   General provisions -- Lawful and unlawful acts -- Food fish other than salmon.   (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, the Sund Rock Marine Preserve or the Colvos Passage Marine Preserve.

(9))) It is unlawful to fish for or possess carp taken for commercial purposes except as authorized by written permit from the director, except that carp taken incidental to a commercial fishery for other species may be retained for commercial purposes. Failure to comply with the provisions of the carp permit constitutes unlawful use of the carp commercial fishery license.

[Statutory Authority: RCW 77.12.047. 02-02-049 (Order 01-286), 220-20-020, filed 12/27/01, effective 1/27/02; 00-17-106 (Order 00-149), 220-20-020, filed 8/16/00, effective 9/16/00. 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.]


AMENDATORY SECTION(Amending Order 02-53, filed 3/29/02, effective 5/1/02)

WAC 220-20-025   General provisions -- Shellfish.   (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 soft-shelled crab for any commercial 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 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.

(((5) 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.

(6) It is unlawful to fish for, harvest, or possess shellfish taken from the Titlow Beach Marine Preserve, the Sund Rock Marine Preserve or the Colvos Passage Marine Preserve.))

[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), 220-20-025, filed 3/29/02, effective 5/1/02; 00-17-106 (Order 00-149), 220-20-025, filed 8/16/00, effective 9/16/00. 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.]

Washington State Code Reviser's Office