PERMANENT RULES
FISH AND WILDLIFE
Purpose: Amend marine protected areas rules; adopt Seattle City Parks Marine Preserves.
Citation of Existing Rules Affected by this Order: Amending WAC 220-20-100.
Statutory Authority for Adoption: RCW 77.12.047.
Adopted under notice filed as WSR 05-01-233 on December 22, 2004.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 7, 2005.
Susan Yeager
for Ron Ozment, Chair
Fish and Wildlife Commission
OTS-7719.1
AMENDATORY SECTION(Amending Order 02-53, filed 3/29/02,
effective 5/1/02)
WAC 220-20-100
General provisions -- Marine protected
areas.
(1) It is unlawful to fish for or possess fish,
shellfish, or wildlife taken from any conservation area
defined in chapter 220-16 WAC.
(2) The following marine preserves are closed to the taking of fish, shellfish, and wildlife as indicated:
(a) The Admiralty Head Marine Preserve is closed to the taking of fish and wildlife, and closed to the taking of shellfish except sea cucumbers and sea urchins.
(b) The Colvos Passage Marine Preserve is closed to the taking of shellfish and wildlife, closed to all commercial harvest of fish, and closed to recreational harvest of fish except it is lawful to take salmon for personal use by trolling, defined as fishing from a vessel under power and in gear making forward progress.
(c) The San Juan Island Marine Preserve is closed to the taking of shellfish except it is lawful to take crab from Parks Bay, and closed to the taking of food fish other than salmon except it is lawful to take herring.
(d) The Titlow Beach Marine Preserve is closed to the taking of shellfish and wildlife, closed to the commercial harvest of all fish, and closed to the recreational harvest of all fish except that it is lawful to take salmon if taken with artificial lures from shore or from a nonmotorized vessel.
(e) The Zee's Reef Marine Preserve is closed to the taking of shellfish and wildlife, closed to the commercial harvest of all fish, and closed to the recreational harvest of all fish except that it is lawful to take salmon with fly fishing gear as defined in WAC 220-56-210.
(f) The Seattle city park Marine Preserves (Golden Gardens, Carkeek, Lincoln, Discovery, Emma Schmitz, and Richey Viewpoint) are closed to removal of organisms from the intertidal areas, except that finfish may be harvested using hook and line gear, provided it is lawful under other WDFW fishing regulations. Any organism except finfish taken by hook and line in the intertidal area must be placed unharmed in the location it was found. Removal of organisms of unclassified marine invertebrates in numbers less than the daily limits is an infraction. All other penalties for larger numbers removed apply.
[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), § 220-20-100, filed 3/29/02, effective 5/1/02.]
OTS-7718.2
NEW SECTION
WAC 220-16-820
Golden Gardens Marine Preserve.
"Golden
Gardens Marine Preserve" is defined as those tidelands owned
by the city of Seattle and the water column above those
tidelands down to 4.5 feet below MLLW at Golden Gardens city
park, bounded on the southwest by a line projected northwest
from a sign at the walkway entrance to the beach, and on the
northeast by a line projected due west from 122°24'07.2" W,
47°41'51.8" N.
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