WSR 97-07-078

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Fisheries)

[Order 97-53--Filed March 19, 1997, 11:45 a.m., effective May 1, 1997]

Date of Adoption: March 10, 1997.

Purpose: Amend personal use rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-100, 220-56-103, 220-56-105, 220-56-128, 220-56-180, 220-56-205, 220-56-235, 220-56-255, 220-56-310, 220-56-320, 220-56-325, 220-56-330, 220-56-350, 220-56-355, 220-56-375, and 220-56-380.

Statutory Authority for Adoption: RCW 75.08.080.

Adopted under notice filed as WSR 96-21-151 on October 23, 1996; and WSR 97-05-075 on February 19, 1997.

Changes Other than Editing from Proposed to Adopted Version: WAC 220-56-100, "fresh" redefined. "Frozen" defined; WAC 220-56-115, two-rod proposal not adopted; WAC 220-56-180, frozen or processed salmon possession limited to forty pounds; WAC 220-56-225, proposed technical correction not adopted, continued to April 18-19; WAC 220-56-255, halibut season adjusted per Department of Commerce recommendations; WAC 220-56-310, Hood Canal shrimp limit change not adopted; WAC 220-56-312, shellfish possession limit change not adopted; WAC 220-56-315, Hood Canal vessel pot limit not adopted; WAC 220-56-320, shellfish pot construction clarified; WAC 220-56-350, clam seasons adjusted; and WAC 220-56-380, oyster seasons adjusted.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: May 1, 1997.

March 17, 1997

Lisa Pelly, Chairperson

Fish and Wildlife Commission

AMENDATORY SECTION (Amending Order 96-44, filed 5/13/96, effective 6/13/96)

WAC 220-56-100 Definitions--Personal use. (1) "Daily limit" means the maximum number or pounds of food fish, shellfish or seaweed of the required size of a given species or aggregate of species which a person may legally retain in a single day.

(2) "Possession limit" means the number of daily limits allowed to be retained in the field or in transit.

"In the field or in transit" means any place other than at the ordinary residence ((or residential equivalency)) of the harvester ((or at a residence where the harvester is an invited guest. A residential equivalency is any temporary domicile that has sleeping, cooking and toilet facilities, and includes hotels and motels, motorhomes, the living quarters of vessels so equipped, camp trailers, and enclosed areas within fishing and hunting camps where a reasonable expectation of privacy is demonstrated, but does not include cold storage lockers, charter boats, or public facilities)). An ordinary residence is a residential dwelling where a person normally lives, with associated features such as address, telephone number, utility account, etc. A motorhome or camper parked at a campsite or a vessel are not considered to be an ordinary residence.

(3) "Hook" means one single, double or treble hook. A "single hook" means a hook having a single point. A "double hook" means a hook having two points on a common shank. A "treble hook" means a hook having three points on a common shank. "Barbless hook" means a hook on which all barbs have been deleted when manufactured or filed off or pinched down.

(4) "Lure" means a manufactured article constructed of feathers, hair, fiber, wood, metal, glass, cork, leather, rubber, or plastic which does not use scent and/or flavoring to attract fish.

"Nonbuoyant lure" means a lure complete with hooks, swivels or other attachments, which does not float in freshwater.

"Bait" means any substance which attracts fish by scent and/or flavors. Bait includes any device made of feathers, hair, fiber, wood, metal, glass, cork, leather, rubber, or plastic which uses scent and/or flavoring to attract fish.

(5) The term "processed" as it applies in this chapter is defined as food fish or shellfish which have been processed by heat for human consumption as kippered, smoked, boiled or canned ((fish and is exclusive of iced, frozen, or salted fish)).

(6) The term "fresh ((fish))" is defined as ((salmon)) food fish or ((other food fish which has not been processed by heat for human consumption and is inclusive of iced, frozen, or salted fish except that fresh fish as provided in WAC 220-56-180 shall not include frozen)) shellfish that are refrigerated, iced, salted or surface glazed.

(7) The term "frozen" is defined as fish or shellfish that are hard frozen throughout.

(8) "Hook and line" or "angling" shall be identical in meaning and, except as provided in WAC 220-56-115, shall be defined as the use of not more than one line with three hooks in the act of fishing for personal use and not for sale or barter, to be attached to a pole held in hand while landing fish, or the use of a hand-operated line without rod or reel, to which may be attached not more than three hooks. When fishing for bottomfish, "angling" and "jigging" shall be identical in meaning.

(((8))) (9) "Snagging" means an effort to take fish with a hook and line in a manner that the fish does not take the hook or hooks voluntarily in its mouth.

"Gaffing" means an effort to take fish by impaling the fish with a hook attached directly to a pole or other device.

"Spearing" or "spear fishing" means an effort to take fish by impaling the fish on a shaft, arrow, or other device.

(((9))) (10) The term "bow and arrow fishing" is defined as any method of taking, or attempting to take, food fish by the use of an arrow equipped with a barbed head and a line attached, and propelled by a bow, as in the sport of archery, while the fisher is above the surface of the water.

(((10))) (11) The term "freshwater area" means, for purposes of this chapter:

(a) Within any freshwater river, lake, stream, or pond.

(b) On the bank or within 10 yards of any freshwater river, lake, stream, or pond.

(c) On or within any boat launch, ramp, or parking facility associated with any freshwater river, lake, stream, or pond.

(((11))) (12) The term "Bonilla-Tatoosh Line" is defined as a line projected from the most westerly point on Cape Flattery to the lighthouse on Tatoosh Island to the buoy adjacent Duntz Rock then to Bonilla Point on Vancouver Island.

(((12))) (13) The term "Buoy 10 Line" is defined as a true north-south line projected through Buoy 10 near the mouth of the Columbia River.

(((13))) (14) The term "Buoy 10 Fishery" is defined as a fishery between the down stream side of the Megler-Astoria Bridge and the Buoy 10 Line.

(((14))) (15) The term "Channel Marker 13 Line" is defined as a true north-south line through Grays Harbor Channel Marker 13.

[Statutory Authority: RCW 75.08.080. 96-11-078 (Order 96-44), 220-56-100, filed 5/13/96, effective 6/13/96; 95-04-066 (Order 95-10), 220-56-100, filed 1/30/95, effective 5/1/95; 94-14-069, 220-56-100, filed 7/1/94, effective 8/1/94; 91-08-054 (Order 91-13), 220-56-100, filed 4/2/91, effective 5/3/91; 86-09-020 (Order 86-08), 220-56-100, filed 4/9/86; 85-09-017 (Order 85-20), 220-56-100, filed 4/9/85; 82-13-040 (Order 82-61), 220-56-100, filed 6/9/82; 80-03-064 (Order 80-12), 220-56-100, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 95-102, filed 8/15/95, effective 9/15/95)

WAC 220-56-103 Definitions--Landlocked chinook and coho. Chinook and coho taken from the following waters are defined as landlocked. A game fish license is required to fish for these species, a food fish license is not required. Season, daily limit, and size restriction rules for landlocked chinook and coho are the same as ((game fish)) trout rules (except Lake Chelan). The angler's combined catch of landlocked salmon and trout applies toward the trout limit (((except Lake Chelan))).

(1) Big Lake (Skagit County).

(2) Clear Lake (Pierce County).

(3) Cushman Reservoir (Mason County).

(4) Mayfield Lake (reservoir) (Lewis County).

(5) McMurray Lake (Skagit County).

(6) Merwin (lake) Reservoir (Clark/Cowlitz County).

(7) Riffe (lake) Reservoir (Lewis County).

(8) Scanewa Lake (Cowlitz Falls Reservoir) (Lewis County).

(9) Wilderness Lake (King County).

(10) Wynoochee Reservoir (Grays Harbor County).

(11) Chelan, Lake (Chelan County).

(12) Roosevelt, Lake (Columbia River) (Stevens County).

(13) Spokane River (Spokane County).

(14) Tarboo Lake (Jefferson County).

[Statutory Authority: RCW 75.08.080. 95-17-062 (Order 95-102), 220-56-103, filed 8/15/95, effective 9/15/95.]

AMENDATORY SECTION (Amending Order 96-44, filed 5/13/96, effective 6/13/96)

WAC 220-56-105 River mouth definitions. When pertaining to food fish angling, unless otherwise defined, any reference to the mouths of rivers or streams shall be construed to include those waters of any river or stream including sloughs and tributaries upstream and inside of a line projected between the outermost uplands at the mouth. The term "outermost upland" shall be construed to mean those lands not covered by water during an ordinary high tide. The following river mouths are hereby otherwise defined:

Abernathy Creek - Highway 4 Bridge.

Bear River - Highway 101 Bridge.

Bone River - Highway 101 Bridge.

Chehalis River - ((U.P. Railway)) Highway 101 Bridge in Aberdeen.

Cowlitz River - A line projected across the river between two fishing boundary markers set on each bank of the river approximately one-half mile downstream from the lowermost railroad bridge crossing the Cowlitz River.

Dakota Creek - A line from the outermost headland of the south bank to a house at 1285 Runge Avenue, Blaine, Washington, approximately one-quarter mile downstream from the Blaine Road Bridge.

Deschutes River - A line projected across the river 400 feet below the lower Tumwater Falls fish ladder.

Drano Lake - Highway 14 Bridge.

Duwamish River - First Avenue South Bridge.

Elk River - Highway 105 Bridge.

Entiat River - Highway 97 Bridge.

Hoquiam River - Highway 101 Bridge.

Humptulips River - Mouth of Jessie Slough.

Johns River - Highway 105 Bridge.

Kennedy Creek - An arc 500 yards east of the midpoint of the northbound Highway 101 Bridge.

Kettle River - Napoleon Bridge.

Lake Washington Ship Canal - A line 400 feet west of the fish ladder at the Chittenden Locks.

Lewis River - A straight line running from a boundary marker on a piling at Austin Point southerly across the Lewis River to a boundary marker on the opposite shore.

Methow River - Highway 97 Bridge.

Naselle River - Highway 101 Bridge.

North Nemah River - Highway 101 Bridge.

Niawiakum River - Highway 101 Bridge.

North River - Highway 105 Bridge.

Palix River - Highway 101 Bridge.

Puyallup River - 11th Street Bridge.

Samish River - The Samish Island Bridge (Bayview-Edison Road).

Sammamish River - 68th Avenue NE Bridge.

Skagit River - A line projected from the terminus of the jetty with McGlinn Island to the white monument on the easterly end of Ika Island, then to a white monument on the westerly end of Craft Island, then to a white monument near the corner of the levee on the westerly side of Dry Slough, and then to a white monument on the easterly side of Tom Moore Slough.

Skamokawa Creek - Highway 4 Bridge.

Skookum Creek - A line 400 yards below the old railroad bridge.

Snohomish River - Burlington Northern Railway Bridges crossing main river and sloughs.

South Nemah River - Lynn Point 117 degrees true to the opposite shore.

Spokane River - State Route 25 Bridge.

Tucannon River - State Highway 261 Bridge.

Wallace River - The furthest downstream railroad bridge.

Washougal River - A straight line from the Crown Zellerbach pumphouse southeasterly across the Washougal River to the east end of the Highway 14 Bridge near the upper end of Lady Island.

Whatcom Creek - A line projected approximately 14 degrees true from the flashing light at the southwesterly end of the Port of Bellingham North Terminal to the southernmost point of the dike surrounding the Georgia Pacific treatment pond.

White Salmon River - Markers downstream of the Burlington Northern Railroad Bridge.

Little White Salmon River - At boundary markers on river bank downstream from the federal salmon hatchery.

Willapa River - South Bend boat launch.

Wind River - Boundary line markers at mouth.

Yakima River - Highway 240 Bridge.

[Statutory Authority: RCW 75.08.080. 96-11-078 (Order 96-44), 220-56-105, filed 5/13/96, effective 6/13/96; 95-04-066 (Order 95-10), 220-56-105, filed 1/30/95, effective 5/1/95; 94-14-069, 220-56-105, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-105, filed 3/31/93, effective 5/1/93; 91-08-054 (Order 91-13), 220-56-105, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-105, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-105, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-105, filed 4/26/88; 85-09-017 (Order 85-20), 220-56-105, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-105, filed 4/11/84; 82-13-040 (Order 82-61), 220-56-105, filed 6/9/82; 81-05-027 (Order 81-13), 220-56-105, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-105, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 95-46, filed 5/31/95, effective 7/1/95 WAC 220-56-128 Food fish fishing--Closed areas. It is unlawful to fish for or possess food fish taken from the following areas during the times indicated.

(1) It is unlawful at all times to fish for or possess food fish taken for personal use in waters lying within 400 feet below any fish rack, fishway, dam or other artificial or natural obstruction, either temporary or permanent, unless otherwise provided.

(2) Waters of Budd Inlet at Olympia south of the Fourth Avenue Bridge are closed at all times, and all contiguous waters lying between the Fourth Avenue Bridge and a line from the northwesterly corner of the Bayview Market Building to a point 100 yards north of the railroad bridge located on the western side of the inlet opposite the Bayview Market Building are closed during the period July 16 through October 31.

(3) The waters of Percival Cove are closed at all times.

(4) Those waters of Hood Canal inshore from yellow marker buoys to the mouth of Finch Creek are closed the entire year.

(5) Waters within a radius of 100 yards from the Enetai Hatchery Outfall Creek where it enters saltwater are closed at all times.

(6) Those waters of Sinclair Inlet inside a line fifty yards from the pierhead line of the Puget Sound Naval Shipyard at Bremerton are closed at all times.

(7) Those waters of Hood Canal within 100 feet of the Seabeck Highway Bridge over Big Beef Creek are closed August 1 through November 30.

(8) In Shilshole Bay waters east of a line 175 feet west of the Burlington Northern Railroad Bridge are closed to fishing.

(9) Those waters of the Chinook River upstream from tide gate at the Highway 101 Bridge are closed at all times.

(10) Those waters of the Columbia River between the Vernita Bridge and the Hanford power line crossing (wooden towers at S24, T13N, R27E) are closed October 23 through June 15.

(11) Those waters of the Columbia River between the upstream line of Bonneville Dam to a point 600 feet below the fish ladder at the new Bonneville Dam Powerhouse are closed at all times.

(12) Waters of the Lake Washington Ship Canal west of a north-south line 400 feet east of the eastern end of the north wing wall of Chittenden Locks to the mouth of the Lake Washington Ship Canal are closed to food fish angling at all times.

(13) Waters of Catch Record Card Area 10 west of a line from Point Monroe to Indianola and east of a line from Point Bolin to Battle Point are closed to food fish angling from January 1 through March 31.

(14) Waters within 200 yards of the salmon net pens located near Sund Rock in Hood Canal are closed to the taking of food fish other than salmon at all times.

(15) Waters of the Titlow Beach Marine Preserve Area are closed to the taking of food fish at all times except that it is lawful to fish for salmon with artificial lures only from shore or a nonmotorized vessel.

(16) Chief Joseph Dam - closed to fishing from the Okanogan County shore between the dam and the Highway 17 Bridge. Closed to boat fishing downstream of Chief Joseph Dam to the Corps of Engineers Safety Zone Marker.

(17) Wells Dam - waters between the upstream line of Wells Dam to boundary markers 400 feet below the spawning channel discharge on the Chelan County side and the fish ladder on the Douglas County side.

(18) Rocky Reach, Rock Island and Wanapum Dams - waters between the upstream lines of these dams and boundary markers 400 feet downstream of the fish ladders at Rocky Reach and Rock Island Dams and boundary markers at Wanapum Dam 750 feet below the east fish ladder and 500 feet below the west fish ladder.

(19) Priest Rapids Dam - waters between the upstream line of Priest Rapids Dam and boundary markers 650 feet below the fish ladders.

(20) Jackson (Moran) Creek - all waters of the Priest Rapids hatchery system including Columbia River waters out to midstream between markers located 100 feet upstream and 400 feet downstream of the mouth of the hatchery outlet.

(21) McNary Dam - waters between the upstream line of McNary Dam and a line across the river from the red and white marker on the Oregon shore to the downstream end of the wingwall of the boat lock near the Washington shore.

(22) John Day Dam - waters between the upstream line of John Day Dam and markers approximately 3,000 feet downstream, except that fishing is permitted from the Washington shore to within 400 feet of the fishway entrance.

(23) The Dalles Dam - waters between the upstream line of the Dalles Dam and the upstream side of the Interstate 197 Bridge, except that fishing is permitted from the Washington shore to within 400 feet of the fishway entrance.

(24) Spring Creek - waters within 1/4 mile of the U.S. Fish and Wildlife Service Hatchery grounds between posted boundary markers located 1/4 mile on either side of the fish ladder entrance.

[Statutory Authority: RCW 75.08.080. 95-12-027 (Order 95-46), 220-56-128, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-128, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-128, filed 3/31/93, effective 5/1/93; 91-08-054 (Order 91-13), 220-56-128, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-128, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-128, filed 3/16/89; 88-10-012 (Order 88-14), 220-56-128, filed 4/26/88; 85-09-017 (Order 85-20), 220-56-128, filed 4/9/85; 82-07-047 (Order 82-19), 220-56-128, filed 3/18/82; 80-03-064 (Order 80-12), 220-56-128, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-065.]

AMENDATORY SECTION (Amending Order 95-10, filed 1/30/95, effective 5/1/95 WAC 220-56-180 Daily limit codes. (1) Code A: In waters having this code designation, the daily limit in any one day is six salmon not less than 12 inches in length, not more than two of these six salmon may be any combination of the following:

Chinook over 24 inches in length

Coho over 20 inches in length

Pink, chum or sockeye over 12 inches in length

Atlantic salmon (no minimum length).

(2) Code C: In waters having this code designation, the daily limit in any one day is six chinook and coho salmon in the aggregate not less than 12 inches in length or more than the following:

24 inches in length for chinook; 20 inches in length for coho.

(3) Code D: In waters having this code designation, the daily limit in any one day is six salmon including Atlantic salmon not less than 12 inches in length not more than two of which may be sockeye salmon; all chinook salmon greater than 24 inches in length and all coho salmon greater than 20 inches in length must be released.

(4) Code F: In waters having this code designation, the daily limit in any one day is two salmon including Atlantic salmon provided that:

(a) Chinook salmon must be not less than 24 inches in length, coho salmon must be not less than 16 inches, but there is no minimum size on other salmon.

(b) During the period April 16 through June 15 in waters of the Strait of Juan de Fuca between the mouth of the Sekiu River and a line from the most westerly point on Cape Flattery to the Tatoosh Island Light then to Bonilla Point on Vancouver Island, it is unlawful to take and retain chinook salmon greater than 30 inches in length.

(5) Code G: In waters having this code designation, the daily limit is four salmon including Atlantic salmon, not more than two of which may be chinook salmon and the minimum size for chinook salmon is 22 inches in length.

(6) Code H: In waters having this code designation, the daily limit in any one day is three salmon including Atlantic salmon provided that:

(a) Chinook salmon must be not less than 22 inches in length, but there is no minimum size for other salmon.

(b) During the period April 16 through June 15 in Catch Record Card Areas 5, 6, and 7, it is unlawful to retain or possess chinook salmon greater than 30 inches in length.

(c) In contiguous marine waters of Puget Sound east of the mouth of the Sekiu River, no more than two of the three salmon daily limit may be chinook, except the daily limit in Catch Record Card Area 12 is three salmon of any species.

(d) During the period July 1 through September 30 the daily limit is 2 salmon of any species in Catch Record Card Areas 5, 6, 7, 8-1, 8-2, and 9.

(7) Code I: In waters having this code designation, the daily and possession limits, size restrictions, and opening and closing dates are the same as those for ((gamefish)) trout (except Lake Chelan) as regulated under Title 77 RCW by the Washington fish and wildlife commission. A salmon angling catch record card is not required, but a gamefish license is required to take, fish for or possess gamefish.

(8) The possession limit in all waters regulated under Daily Limits A, C, D, F, G, H, and special daily limits shall not exceed the equivalent of two daily limits ((of fresh salmon, and additional)) in fresh form. An additional 40 pounds of salmon may be possessed in frozen or processed form.

(9) In all freshwater areas where the daily limit allows adult salmon to be taken, it is unlawful to continue to fish for salmon after the adult portion of the daily limit has been retained.

[Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-56-180, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), 220-56-180, filed 3/31/93, effective 5/1/93; 91-14-046 (Order 91-40), 220-56-180, filed 6/27/91, effective 7/28/91; 91-08-054 (Order 91-13), 220-56-180, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-180, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-180, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-180, filed 4/26/88; 87-08-006 (Order 87-19), 220-56-180, filed 3/23/87; 86-09-020 (Order 86-08), 220-56-180, filed 4/9/86; 85-09-017 (Order 85-20), 220-56-180, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-180, filed 4/11/84; 83-07-043 (Order 83-16), 220-56-180, filed 3/17/83; 82-13-040 (Order 82-61), 220-56-180, filed 6/9/82; 82-07-047 (Order 82-19), 220-56-180, filed 3/18/82; 80-03-064 (Order 80-12), 220-56-180, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 96-44, filed 5/13/96, effective 6/13/96)

WAC 220-56-205 Hook rules--Nonbuoyant lures. It is unlawful to fish for or to possess salmon taken for personal use from freshwater unless the hooks used meet the requirements of this section:

(1) Nonbuoyant lure restriction: In the following waters and during the periods shown, it is unlawful to use a nonbuoyant lure that has more than one single hook or has a hook measuring more than 3/4 inch point to shank:

[Open Style:Columns Off]

Area Time period

Naselle River (including all forks) September 1-November 30

Willapa River September 1-November 30

Humptulips River September 1-November 30

Satsop River (including all forks) September 1-November 30

North Nemah River September 1-November 30

Dungeness and Gray Wolf Rivers August 1-October 15

Kennedy Creek October 1-December 31

South Fork Nooksack River

Mouth to Skookum Creek August 1-((December))

October 31

South Fork Nooksack River

Upstream from Skookum Creek June 1-September 30

Big Quilcene River August 1-December 31

Samish River August 1-December 31

Stillaguamish River (including all forks) August 1-November 30

Whatcom Creek August 1-December 31

Cowlitz River

From Mill Creek to Barrier Dam April 1-October 31

Kalama River

From 200 feet above Modrow Trap to mouth September 1-October 31

North Lewis River

From overhead powerlines below Ariel Dam to lower Cedar

Creek Boat Ramp April 1-October 31

Washougal River

Downstream of Salmon Falls Bridge September 1-October 31

Icicle River

From Leavenworth Federal Fish Hatchery to mouth May 8-June 30

Wenatchee River

From mouth of Icicle River to Highway 2 Bridge May 8-June 15

Skagit River (and tributaries)

Upstream of Gilligan Creek July 1-November 30

Tokul Creek

From mouth to posted cable markers December 1-March 31

Capitol Lake August 1 - November 30

Deschutes River August 1 - November 30

Elochoman River September 1 - November 30

Grays River September 1 - November 30

Green/Duwamish River

mouth to Highway 164 Bridge August 1 - November 30

McAllister Creek August 1 - November 30

Nisqually River August 1 - November 30

Puyallup River

mouth to Carbon River August 1 - November 30

Skykomish River (including all forks) August 1 - November 30

Snohomish River August 1 - November 30

White/Stuck River October 1 - November 30

[Open Style:Columns On]

(2) No leads, weights or sinkers may be attached below or less than 12 inches above a buoyant lure.

(3) All hooks must be attached within three inches of the bait or lure.

[Statutory Authority: RCW 75.08.080. 96-11-078 (Order 96-44), 220-56-205, filed 5/13/96, effective 6/13/96; 95-04-066 (Order 95-10), 220-56-205, filed 1/30/95, effective 5/1/95; 92-11-012 (Order 92-19), 220-56-205, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-205, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-205, filed 2/28/90, effective 3/31/90; 88-10-013 (Order 88-15), 220-56-205, filed 4/26/88; 86-09-020 (Order 86-08), 220-56-205, filed 4/9/86; 82-07-047 (Order 82-19), 220-56-205, filed 3/18/82; 81-05-027 (Order 81-13), 220-56-205, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-205, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 96-13, filed 2/9/96, effective 5/1/96)

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

(1) Coastal (Catch Record Card Areas 1 through 4):

(a) Lingcod:

(i) 3 fish minimum length 22 inches in Catch Record Card Areas 1 through 3 and Area 4 west of the Bonilla-Tatoosh line;

(ii) 2 fish minimum length 22 inches in Catch Record Card Area 4 east of the Bonilla-Tatoosh line.

(b) Rockfish - 10 fish.

(c) Surfperch (excluding shiner perch) - 15 fish.

(d) Wolfeel - 2 fish east of the Bonilla-Tatoosh line.

(e) Cabezon - 2 fish east of the Bonilla-Tatoosh line.

(f) All other species - no limit.

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

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

Rockfish 5 fish

Surfperch 10 fish

Pacific cod ((15)) 2 fish

Pollock ((15)) 2 fish

Flatfish (except halibut) 15 fish

Lingcod 1 fish

Wolf-eel 2 fish

Cabezon 2 fish

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

Rockfish 5 fish

Surfperch 10 fish

Pacific cod ((15)) 2 fish

Flatfish (except halibut) 15 fish

Lingcod 1 fish

Wolf-eel 0 fish

Cabezon 2 fish

Pollock 2 fish

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

Rockfish 3 fish

Surfperch 10 fish

Pacific cod ((2)) 0 fish

Pollock ((5)) 0 fish

Flatfish (except halibut) 15 fish

Lingcod 1 fish

Wolf-eel 0 fish

Cabezon 2 fish

(d) It is unlawful to possess lingcod taken by angling less than 26 inches in length or greater than 40 inches in length.

(e) The daily limit taken by spear fishing may include no more than one lingcod. There is no size restriction on the one lingcod allowed in the daily limit if taken by spear fishing.

(f) It is unlawful to use a gaff to land lingcod taken in Catch Record Card Areas 5 through 13.

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

[Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), 220-56-235, filed 2/9/96, effective 5/1/96; 95-04-066 (Order 95-10), 220-56-235, filed 1/30/95, effective 5/1/95; 94-14-069, 220-56-235, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-235, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-235, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-235, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-235, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-235, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-235, filed 4/26/88; 85-09-017 (Order 85-20), 220-56-235, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-235, filed 4/11/84; 83-07-043 (Order 83-16), 220-56-235, filed 3/17/83; 80-07-017 (Order 80-45), 220-56-235, filed 6/11/80; 80-03-064 (Order 80-12), 220-56-235, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 95-46, filed 5/31/95, effective 7/1/95 WAC 220-56-255 Halibut--Season. It is unlawful to fish for or possess halibut taken for personal use except from:

(1) Catch Record Card Area 1: Open May 1 through September 30, unless closed earlier by emergency regulation. Minimum size limit 32 inches in length.

(2) Catch Record Card Area 2 - Open May 1 through September 30, unless closed earlier by emergency regulation. The following waters are closed to halibut fishing: West of 12440'W, north of 4710'N and south of 4731'42"N (Queets River).

(3) Catch Record Card Area 3 and those waters of Catch Record Card Area 4 west of the Bonilla-Tatoosh line: 12:01 a.m. Tuesday through 11:59 p.m. Saturday, ((beginning)) open May ((2)) 1 to June 30, unless closed earlier by emergency regulation, and open July 1 through September 30 unless closed by emergency regulation, except that the following area southwest of Cape Flattery is closed to halibut fishing at all times:

Those waters within a line from 4818'N, 12511'W to 4818'N, 12459'W to 4804'N, 12511'W to 4804'N, 12459'W to the point of origin.

(4) Catch Record Card Area 4 east of the Bonilla-Tatoosh line and Catch Record Card Areas 5 through 13: May ((25)) 22 through ((July 29)) August 10 - Open 12:01 a.m. Thursday through 11:59 p.m. Monday of each week during the open period (closed Tuesdays and Wednesdays).

[Statutory Authority: RCW 75.08.080. 95-12-027 (Order 95-46), 220-56-255, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-255, filed 7/1/94, effective 8/1/94; 93-15-011, 220-56-255, filed 7/8/93, effective 8/8/93; 93-08-034 (Order 93-20), 220-56-255, filed 3/31/93, effective 5/1/93; 89-07-060 (Order 89-12), 220-56-255, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-255, filed 4/26/88; 85-10-062 (Order 85-39), 220-56-255, filed 5/1/85; 80-03-064 (Order 80-12), 220-56-255, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-071.]

AMENDATORY SECTION (Amending Order 95-10, filed 1/30/95, effective 5/1/95 WAC 220-56-310 Shellfish--Daily limits. It is unlawful for any one person to take in any one day for personal use more than the following quantities and sizes of shellfish:

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

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

(b) Willapa Bay - diggers may additionally retain up to twenty-four cockles.

(2) Razor clams: 15 clams.

(3) Geoduck clams: 3 clams.

(4) Horse clams: ((First)) 7 clams ((taken)).

(5) Oysters: 18 oysters.

(6) Rock scallops: 12 scallops.

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

(8) Common or pink scallops: 10 pounds or 5 quarts in the shell.

(9) Shrimp:

(a) In all waters except Shrimp District 5 - 10 pounds, whole in the shell.

(b) In Shrimp District 5 (Hood Canal) - 7 pounds, whole in the shell.

(10) Octopus: 2 octopus.

(11) Pinto abalone: Closed state-wide.

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

(13) Squid: 10 pounds or 5 quarts.

(14) Sea cucumbers: 25 sea cucumbers.

(15) Red sea urchins: 18 sea urchins.

(16) Purple sea urchins: 18 sea urchins.

(17) Green sea urchins: 36 sea urchins.

(18) Dungeness crabs: 6 male crabs.

(19) Red rock crabs: 6 crabs.

(20) Blue mussels and sea mussels: 10 pounds in the shell.

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

(22) Ghost and mud shrimp: 10 dozen.

[Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), 220-56-310, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), 220-56-310, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-310, filed 5/12/92, effective 6/12/92; 90-06-026, 220-56-310, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-310, filed 3/16/89; 88-12-025 (Order 88-28), 220-56-310, filed 5/25/88, effective 8/22/88; 88-10-013 (Order 88-15), 220-56-310, filed 4/26/88; 87-09-066 (Order 87-16), 220-56-310, filed 4/21/87; 86-24-046 (Order 86-190), 220-56-310, filed 11/26/86; 86-09-020 (Order 86-08), 220-56-310, filed 4/9/86; 85-12-046 (Order 85-57), 220-56-310, filed 6/5/85; 84-09-026 (Order 84-22), 220-56-310, filed 4/11/84; 83-04-027 (Order 83-06), 220-56-310, filed 1/27/83; 82-07-047 (Order 82-19), 220-56-310, filed 3/18/82; 80-03-064 (Order 80-12), 220-56-310, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending WSR 94-14-069, filed 7/1/94, effective 8/1/94)

WAC 220-56-320 Shellfish gear--Unlawful acts. (1) It is unlawful for the owner or operator of any personal use shellfish gear to leave such gear unattended in the waters of the state unless said gear is marked with a buoy to which shall be affixed in a permanent visible and legible manner the first and last name and permanent mailing address of the operator, and in the case of Hood Canal shrimp gear, the name and address must appear exactly as it occurs on the recreational license form. It is unlawful for more than one person's name and address to appear on the same marker buoy. Unattended shellfish gear left in the waters of Puget Sound must have the line attaching the buoy to the pot weighted sufficiently to prevent the line from floating on the water's surface. The following additional requirements apply to buoys attached to unattended shellfish pots in Puget Sound waters:

(a) All buoys must consist of durable material and remain floating on the water's surface when at least 5 pounds of weight are attached. It is unlawful to use bleach, antifreeze or detergent bottles, paint cans or any other container.

(b) All buoys attached to shrimp gear must be yellow or fluorescent yellow in color. Flags and staff, if attached, may be any color.

(c) All buoys attached to crab gear must be half red or half fluorescent red in color and half white in color. Flags and staff, if attached, may be any color.

(d) The number of pots attached to each buoy must be marked on the buoy in a manner that is visible and legible at all times.

(2) The maximum perimeter of any shrimp pot shall not exceed 10 feet, and the pot shall not exceed 1-1/2 feet in height.

(3) It is unlawful to fish for or possess crab taken with shellfish pot gear that are equipped with tunnel triggers or other devices which prevent free exit of crabs under the legal limit unless such gear is equipped with not less than one escape ring not less than 4-1/8 inches inside diameter located in the upper half of the crab pot.

Effective January 1, 1996, it is unlawful to fish for crab with shellfish pot gear unless such gear has two escape rings located in the upper half of the pot:

(a) Not less than 4-1/4 inches inside diameter if used in Puget Sound outside Hood Canal; or

(b) Not less than 4-1/8 inches inside diameter if used in Hood Canal, the Columbia River, Grays Harbor, Willapa Bay, or the Pacific Ocean.

(4) It is unlawful to take, fish for or possess shrimp taken for personal use with shellfish pot gear in the waters of Hood Canal southerly of the site of the Hood Canal Floating Bridge unless such gear meets the following requirements:

(a) The entire top, bottom, and sides of the shellfish pots must be constructed of mesh material and except for the entrance tunnels have the minimum mesh opening size defined below.

(b) The minimum mesh opening size for Hood Canal shrimp pots is defined as a mesh that a 7/8-inch square peg will pass through each mesh without changing the shape of the mesh opening.

(c) All entrance tunnels must open into the pot from the side.

(d) The sum of the maximum widths of all entrance tunnels must not exceed 1/2 the perimeter of the bottom of the pot.

(5) It is unlawful to fish for or possess shellfish taken for personal use with shellfish pot gear unless the gear allows for escapement using at least one of the following methods:

(a) Attachment of pot lid hooks or tiedown straps with a single strand or loop of untreated, 100 percent cotton twine no larger than thread size 120 so that the pot lid will open freely if the twine or fiber is broken.

(b) An opening in the pot mesh no less than three inches by five inches which is laced or sewn closed with untreated, 100 percent cotton twine no larger than thread size 120. 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.

(c) Attachment of pot lid or one pot side serving as a pot lid with no more than three single loops of untreated 100 percent cotton or other natural fiber twine no larger than thread size 120 so that the pot lid or side will open freely if the twine or fiber is broken.

(6) Shellfish pots must be set in a manner that they are covered by water at all times.

(7) Effective January 1, 1998, in the areas listed below, it is unlawful to take, fish for or possess shrimp taken for personal use with shellfish pot gear unless such gear meets the following requirements:

(a) The entire top, bottom, and sides of each shellfish pot must be constructed of mesh material and except for the entrance tunnels have the minimum mesh opening size defined below.

(b) The minimum mesh opening size for shrimp pots is defined as a mesh that a 7/8-inch square peg will pass through each mesh without changing the shape of the mesh opening.

(c) All entrance tunnels must open into the pot from the side.

(d) The sum of the maximum widths of all entrance tunnels must not exceed 1/2 the perimeter length of the bottom of the pot.

(i) Marine Area 7 - north of a line from Cattle Point to San Juan Island true east to Lopez Island, east of a line from Limestone Point on San Juan Island to Sandy Point on Waldron Island, south of a line from Point Hammond on Waldron Island to Point Doughty on Orcas Island, and west of a line from Foster Point on Orcas Island to Upright Head on Lopez Island.

(ii) Marine Area 8-1.

(iii) Marine Area 8-2.

(iv) Marine Area 9 - south of a line from Double Bluff to Foulweather Bluff.

(v) Marine Area 10.

[Statutory Authority: RCW 75.08.080. 94-14-069, 220-56-320, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-320, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-320, filed 5/12/92, effective 6/12/92; 90-06-026, 220-56-320, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-320, filed 3/16/89; 88-12-025 (Order 88-28), 220-56-320, filed 5/25/88, effective 8/22/88; 87-09-066 (Order 87-16), 220-56-320, filed 4/21/87; 85-09-017 (Order 85-20), 220-56-320, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-320, filed 4/11/84; 82-07-047 (Order 82-19), 220-56-320, filed 3/18/82; 81-05-027 (Order 81-13), 220-56-320, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-320, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-088.]

AMENDATORY SECTION (Amending Order 96-13, filed 2/9/96, effective 5/1/96)

WAC 220-56-325 Shrimp--Areas and seasons. (1) The following areas shall be defined as personal use shrimp fishing Districts 1 through 6:

(a) Shrimp District 1 - All waters south of a line from McCurdy Point on the Quimper Peninsula to the northern tip of Protection Island, to Rocky Point on the Miller Peninsula, and including all waters of Discovery Bay;

(b) Shrimp District 2 - All waters of Griffin Bay south of a line projected east-west through Turn Rock Light from San Juan Island to Lopez Island, and north of a line projected east from Cattle Point on San Juan Island to Lopez Island;

(c) Shrimp District 3 - All waters of Port Angeles Harbor west of a line from the eastern tip of Ediz Hook to the ITT-Rayonier dock;

(d) Shrimp District 4 - All waters of Sequim Bay south of a line projected west from Travis Spit on the Miller Peninsula;

(e) Shrimp District 5 - All waters of Hood Canal south of the Hood Canal Floating Bridge;

(f) Shrimp District 6 - All waters of Carr Inlet north of a line from Penrose Point to Green Point.

(2) It shall be unlawful to fish for or possess shrimp taken for personal use from the following areas, except as provided in this subsection:

(a) District 1 - Second Saturday in May ((16)) through ((September)) July 15;

(b) District 2 - Second Saturday in May ((16)) through September 15;

(c) District 3 - Second Saturday in May ((16)) through September 15;

(d) District 4 - Closed to all shrimp fishing;

(e) District 5 - 9:00 a.m. on the third Saturday in May until closed by emergency regulation((. Open 9:00 a.m. Saturday to 2:00 p.m. Tuesday each week during the season set by emergency regulation. Shrimp pots may only be pulled between the hours of 9:00 a.m. and 2:00 p.m. All shrimp gear must be removed from the water from 2:00 p.m. Tuesday through 9:00 a.m. Saturday of each week));

(f) District 6 - Closed to all shrimp fishing;

(g) All other areas - The second Saturday in April through October 15.

(3) It is unlawful to possess spot shrimp taken for personal use from Catch Record Card Area 6 that are less than 6 inches in length and it is unlawful to land spot shrimp that are less than 6 inches in length in any port in Catch Record Card Area 6. The length of spot shrimp is measured from the tip of the rostrum to the tip of the tail.

[Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), 220-56-325, filed 2/9/96, effective 5/1/96; 93-08-034 (Order 93-20), 220-56-325, filed 3/31/93, effective 5/1/93; 89-07-060 (Order 89-12), 220-56-325, filed 3/16/89; 86-09-020 (Order 86-08), 220-56-325, filed 4/9/86; 84-09-026 (Order 84-22), 220-56-325, filed 4/11/84; 80-03-064 (Order 80-12), 220-56-325, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-084.]

AMENDATORY SECTION (Amending Order 96-44, filed 5/13/96, effective 6/13/96)

WAC 220-56-330 Crab--Areas and seasons. (1) It is unlawful to fish for or possess crab taken for personal use with shellfish pot gear or to have in the water, set or fish any shellfish pot gear except during the open shellfish pot gear season. The open shellfish pot gear season for crab in Puget Sound waters may open by emergency regulation prior to July 16, but if not previously opened by emergency regulation will open July 16 through April 15.

The open shellfish pot gear season in waters of the Pacific Ocean, Grays Harbor, Willapa Harbor, and waters of the Columbia River is December 1 through September 15.

(2) Except as provided in subsection (1) of this section and except when waters of Hood Canal are open to recreational shrimp fishing, it is lawful to fish for and possess male Dungeness crabs taken for personal use the entire year in state waters.

(3) Except as provided in subsection (1) of this section and except when waters of Hood Canal are open to recreational shrimp fishing, it is lawful to fish for and possess red rock crabs of either sex taken for personal use the entire year in state waters.

(4) On days that Hood Canal is open to recreational shrimp fishing, it is unlawful to fish for or possess crab taken with shellfish pot gear. Ring net gear may be used during daylight hours.

(5) No crab fisher may set or pull crab pots, ring nets or star traps in the waters of Hood Canal between one hour after official sunset and one hour before official sunrise.

[Statutory Authority: RCW 75.08.080. 96-11-078 (Order 96-44), 220-56-330, filed 5/13/96, effective 6/13/96; 93-08-034 (Order 93-20), 220-56-330, filed 3/31/93, effective 5/1/93; 90-06-026, 220-56-330, filed 2/28/90, effective 3/31/90; 86-09-020 (Order 86-08), 220-56-330, filed 4/9/86; 85-09-017 (Order 85-20), 220-56-330, filed 4/9/85; 84-09-026 (Order 84-22), 220-56-330, filed 4/11/84; 80-03-064 (Order 80-12), 220-56-330, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]

NEW SECTION

WAC 220-56-336 Crawfish--Areas and seasons. The open season for crawfish is the first Monday in May through October 31.

[]

AMENDATORY SECTION (Amending Order 96-44, filed 5/13/96, effective 6/13/96)

WAC 220-56-350 Clams other than razor clams, cockles, borers, mussels--Areas and seasons. (1) It is lawful to take, dig for and possess clams, cockles, borers and mussels taken for personal use on Puget Sound the entire year except that public tidelands at the following beaches are closed unless otherwise provided:

(a) Ben Ure Spit: Open January 1 through ((May)) April 15.

(b) ((Birch Bay State Park: Open January 1 through July 15.

(c) Brown Point - DNR Beach 57-B is open April 1 through June 15.

(d))) Cama Beach State Park: Closed the entire year.

(((e))) (c) Camano Island State Park: Open June 1 through June ((15)) 30.

(((f) Cultus Bay: State-owned tidelands northeast Cultus Bay is open January 1 through June 15.

(g))) (d) Cutts Island State Park: Open January 1 through June 15.

(((h))) (e) Dabob Bay - All state-owned tidelands in Dabob Bay north of a line drawn from Camp Harmony to Lindsays Beach are closed to the harvest of clams the entire year except as follows: State-owned tidelands from a row of tires at Camp Discovery south approximately 2,000 feet to a second row of tires, and state-owned tidelands beginning approximately 3/4 mile north of Camp Harmony extending approximately 1,200 feet north.

(((i))) (f) Dosewallips State Park: Open ((January 1 through July 15)) entire year only in area defined by boundary markers and signs posted on the beach.

(((j))) (g) Duckabush - All state-owned tidelands on the west shore of Hood Canal from Quatsap Point to the south end of the Duckabush flats are closed to the harvest of clams.

(((k))) (h) Dungeness Spit - Open May 15 through September 30.

(i) Eagle Creek: Open ((January)) April 1 through April ((15)) 30.

(((l))) (j) Fort Flagler State Park: Open April 1 through June ((30)) 15.

(((m))) (k) Frye Cove - Open January 1 through July 31.

(l) Garrison Bay: Tidelands at Guss Island and those tidelands at British camp between the National Park Service dinghy dock at the north end and the park boundary at the south end are closed the entire year.

(((n) Hood Canal (east side): DNR Beach 48 is open January 1 through May 15.

(o))) (m) Gertrude Island - All tidelands at Gertrude Island closed the entire year.

(n) Hoodsport: Tidelands at Hoodsport Salmon Hatchery are closed the entire year.

(((p))) (o) Hope Island State Park (South Puget Sound): Open April 1 through June 15.

(((q) Illahee State Park: Open April 1 through April 30.

(r))) (p) Kayak Point County Park: Closed the entire year.

(((s))) (q) Kitsap Memorial State Park: ((Open June 1 through June 30)) Closed the entire year.

(((t))) (r) Kopachuck State Park: ((Open April 1 through May 15)) Closed the entire year.

(((u))) (s) Liberty Bay - All state-owned tidelands in Liberty Bay north and west of the Keyport Naval Supply Center are closed to the harvest of clams the entire year.

(((v) Long Point: Open January 1 through April 15.

(w))) (t) McNiel Island - All tidelands on McNiel Island are closed the entire year.

(u) Mukilteo State Park - Closed the entire year.

(v) Mystery Bay State Park: Open ((October)) April 1 through April 30.

(((x))) (w) North Bay - All state-owned tidelands in North Bay (Case Inlet) north of a line drawn southwest from Rocky Point to the north end of Reach Island thence due west to the mainland are closed to the harvest of clams the entire year except state-owned Oyster Reserves on the east side of North Bay north of the power transmission lines.

(x) North Sequim Bay State Park - Open April 1 through June 15.

(y) Oak Bay County Park: Open January 1 through ((June)) May 15.

(z) Oyster Reserves: Puget Sound and Willapa Bay state oyster reserves are closed the entire year except the following are open the entire year:

(i) Case Inlet: Tidelands on the east side of North Bay at the north end of the inlet.

(ii) North Bay: State-owned oyster reserves on the east side of North Bay north of the power transmission lines which cross the bay at the north end of Case Inlet.

(iii) Oakland Bay: Tidelands on the channel of the northwest shore of the Bayshore Peninsula between department markers.

(iv) Willapa Bay - Long Island oyster reserve: Northwest side of Long Island between reserve monuments 39 and 41 and southwest side of Long Island between reserve monuments 58 and 59.

(aa) ((Penn Cove: The state-owned tidelands at the head of Penn Cove on Whidbey Island starting at the north end of Coveland and extending south to a bulkhead 200 feet south of Mueller Park: Open January 1 through July 15.

(bb))) Penrose Point State Park: Open May 1 through June 15.

(((cc))) (bb) Picnic Point County Park: Closed the entire year.

(cc) Pitt Island - All tidelands on Pitt Island are closed the entire year.

(dd) Point Whitney (excluding Point Whitney Lagoon): Closed the entire year.

(ee) Point Whitney Lagoon: Open June 1 through ((December)) July 31.

(ff) Port Townsend Ship Canal: Open ((January)) April 1 through May 15.

(gg) ((Potlatch: DNR tidelands at Potlatch are open April 1 through June 15.

(hh) Potlatch State Park: Open April 1 through June 15.

(ii))) Purdy Spit County Park: The southern shore of the spit from the boat ramp to the bridge is closed the entire year.

(((jj))) (hh) Quilcene Bay - All state-owned tidelands in Quilcene Bay north of a line drawn from the Quilcene Boat Haven to Fisherman's Point are closed to the harvest of clams the entire year, except those tidelands on the west side of the bay defined by boundary markers and a sign on the beach are open April 1 through ((September)) June 30, daily from official sunrise to official sunset only.

(((kk))) (ii) Rendsland Creek: Open January 1 through ((May)) April 15.

(((ll))) (jj) Saltwater State Park: Closed the entire year.

(((mm) Semiahmoo Marina: Open January 1 through August 15.

(nn) Shine Tidelands State Park: Open January 1 through June 15.

(oo) Snatellum Point: Open January 1 through June 15.

(pp) South Indian Island County Park: Open April 1 through June 15.

(qq) South Lilliwaup: Open January 1 through July 15 on those tidelands marked by orange posts attached to trees at south end of Lilliwaup Bay (approximately 700 feet of beach).

(rr))) (kk) Samish Island Recreation Area - Open January 1 through June 15.

(ll) Scenic Beach State Park - Open April 16 through June 15.

(mm) Sequim Bay State Park - Open April 1 through June 15.

(nn) Spencer Spit State Park: Open April 1 through June 30.

(((ss))) (oo) Strait of Juan de Fuca: All beaches west of the tip of Dungeness Spit: Open November 1 through March 31.

(((tt))) (pp) Triton Cove State Park: Open April 1 through June 30.

(((uu))) (qq) Twanoh State Park: Closed the entire year.

(((vv))) (rr) Useless Bay Tidelands State Park: Open ((January)) April 1 through July ((15)) 31.

(((ww))) (ss) West Dewatto: DNR Beach 44A is ((closed the entire year)) open January 1 through May 15.

(((xx))) (tt) Willapa Bay: State-owned tidelands east of the department Willapa Bay Field Station and Nahcotta Tidelands Interpretive Site are closed year-round.

(uu) Winas-Maylor Point East: Open January 1 through ((June)) April 15.

(((yy))) (vv) Wolfe Property State Park: Open ((January)) April 1 through ((July 15)) May 31.

(2) It is lawful to take, dig for and possess clams, cockles, borers, and mussels, not including razor clams, taken for personal use in Grays Harbor and Willapa Harbor the entire year, except from state oyster reserves, which are closed to clam digging the entire year.

(3) It is lawful to take, dig for and possess clams, cockles, borers, and mussels, not including razor clams taken for personal use from the Pacific Ocean beaches from November 1 through March 31.

[Statutory Authority: RCW 75.08.080. 96-11-078 (Order 96-44), 220-56-350, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), 220-56-350, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-350, filed 7/1/94, effective 8/1/94; 93-15-011, 220-56-350, filed 7/8/93, effective 8/8/93; 93-08-034 (Order 93-20), 220-56-350, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-350, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-350, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-350, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-350, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-350, filed 4/26/88; 87-09-066 (Order 87-16), 220-56-350, filed 4/21/87; 86-09-020 (Order 86-08), 220-56-350, filed 4/9/86; 85-12-046 (Order 85-57), 220-56-350, filed 6/5/85; 83-07-043 (Order 83-16), 220-56-350, filed 3/17/83; 81-05-027 (Order 81-13), 220-56-350, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-350, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]

Reviser's note: The spelling errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending Order 89-12, filed 3/16/89)

WAC 220-56-355 Clams--Unlawful acts. (1) It shall be unlawful for any person digging hardshell clams for personal use to fail to fill in holes created during the digging operation. Beach terrain must be returned to approximately its original condition by clam diggers before leaving the scene.

(2) It shall be unlawful to maim, injure or attempt to capture a geoduck by thrusting any instrument through its siphon or to possess only the siphon or neck portion of a geoduck.

(3) It is unlawful to possess Manila, native littleneck, cockle, or butter clams taken for personal use which measure less than 1-1/2 inches across the longest dimension of the shell.

(4) It is unlawful to return any eastern softshells, horse clams, or geoducks to the beach or water regardless of size or condition. All such clams taken for personal use must be retained by the digger as part of the daily limit.

[Statutory Authority: RCW 75.08.080. 89-07-060 (Order 89-12), 220-56-355, filed 3/16/89; 88-10-013 (Order 88-15), 220-56-355, filed 4/26/88; 80-03-064 (Order 80-12), 220-56-355, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]

AMENDATORY SECTION (Amending Order 80-12, filed 2/27/80, effective 4/1/80 WAC 220-56-375 Oysters and scallops--Gear. It shall be lawful to take, fish for and possess oysters and scallops taken for personal use by hand or with ((any hand-operated instrument)) the aid of a hand-held manually operated prying tool. It is unlawful to use a hammer, mallet or other object to strike oysters and rock scallops during the removal process.

[Statutory Authority: RCW 75.08.080. 80-03-064 (Order 80-12), 220-56-375, filed 2/27/80, effective 4/1/80.]

AMENDATORY SECTION (Amending Order 96-44, filed 5/13/96, effective 6/13/96)

WAC 220-56-380 Oysters--Areas and seasons. (1) It is lawful to take and possess oysters taken for personal use from public tidelands the entire year, except that public tidelands at the following beaches are closed unless otherwise provided:

(a) Brown Point: ((DNR Beach 57-B is open April 1 through May 15)) Closed the entire year.

(b) Dabob Bay - All state-owned tidelands in Dabob Bay north of a line drawn from Camp Harmony to Lindsays Beach are closed to the harvest of oysters the entire year, except as follows: State-owned tidelands from a row of tires at Camp Discovery south approximately 2,000 feet to a second row of tires, and state-owned tidelands beginning approximately 3/4 mile north of Camp Harmony extending approximately 1,200 feet north.

(c) Dosewallips State Park: Open ((January 1 through August 15)) the entire year in areas defined by boundary markers and signs posted on the beach only.

(d) Duckabush - All state-owned tidelands on the west shore of Hood Canal from Quatsap Point to the south end of the Duckabush flats are closed to the harvest of oysters the entire year.

(e) Hoodsport: Tidelands at the Hoodsport Salmon Hatchery are closed the entire year.

(f) ((Illahee State Park: Open March 1 through August 15.

(g))) Kitsap Memorial State Park: Open ((June 1)) May 16 through December 31.

(((h))) (g) Liberty Bay - All state-owned tidelands in Liberty Bay north and west of the Keyport Naval Supply Center are closed to the harvest of oysters the entire year.

(((i) Mystery Bay State Park: Open January 1 through August 15.

(j))) (h) North Bay - All state-owned tidelands in North Bay (Case Inlet) north of a line drawn southwest from Rocky Point to the north end of Reach Island thence due west to the mainland are closed to the harvest of oysters the entire year((, except state-owned Oysters Reserves on the east side of North Bay north of the power transmission lines)).

(((k))) (i) Oyster Reserves: Puget Sound and Willapa Bay oyster reserves are closed the entire year except the following are open the entire year:

(((i) North Bay: State-owned oyster reserves on the east side of North Bay north of the power transmission lines which cross the bay at the north end of Case Inlet.

(ii))) Willapa Bay - Long Island oyster reserve: Northwest side of Long Island between reserve monuments 39 and 41 and southwest side of Long Island between reserve monuments 58 and 59.

(((l))) (j) Penrose Point State Park: Open May 1 through June 15.

(((m) Point Whitney Lagoon: Open June 1 through December 31.

(n))) (k) Potlatch State Park: Open April 1 through September 15.

(((o))) (l) Quilcene Bay - All state-owned tidelands in Quilcene Bay north of a line drawn from the Quilcene Boat Haven to Fisherman's Point are closed except those tidelands on the west side of the bay defined by boundary markers and a sign at the beach are open April 1 through ((September)) June 30, daily from official sunrise to official sunset, only.

(((p))) (m) Scenic Beach State Park: Open ((January 1 through December 31)) April 16 through June 15.

(((q) Seal Rock: U.S. Forest Service tidelands at Seal Rock are open January 1 through July 15.

(r))) (n) Triton Cove State Park: Open April 1 through June 30.

(((s) West Dewatto: DNR Beach 44A is open April 1 through December 31.)) (o) Willapa Bay: State-owned tidelands east of the department Willapa Bay Field Station and the Nahcotta Tidelands Interpretive Site are open only between boundary markers and posted signs.

(p) Wolfe Property State Park - Open April 1 through August 15.

(2) It is unlawful to pick or take oysters for personal use from waters measuring more than two feet in depth at the time of removal.

[Statutory Authority: RCW 75.08.080. 96-11-078 (Order 96-44), 220-56-380, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), 220-56-380, filed 5/31/95, effective 7/1/95; 94-14-069, 220-56-380, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-380, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-380, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), 220-56-380, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-380, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), 220-56-380, filed 3/16/89; 88-10-012 and 88-10-013 (Orders 88-14 and 88-15), 220-56-380, filed 4/26/88; 87-09-066 (Order 87-16), 220-56-380, filed 4/21/87; 86-09-020 (Order 86-08), 220-56-380, filed 4/9/86; 84-09-026 (Order 84-22), 220-56-380, filed 4/11/84; 82-13-040 (Order 82-61), 220-56-380, filed 6/9/82; 82-07-047 (Order 82-19), 220-56-380, filed 3/18/82; 81-05-027 (Order 81-13), 220-56-380, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-380, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-086.]

AMENDATORY SECTION (Amending Order 95-46, filed 5/31/95, effective 7/1/95 WAC 220-57-160 Columbia River. (1) Daily Limit C - June 1 through December 31: Downstream from Chief Joseph Dam to Rocky Reach Dam. ((The following are closed waters:

(a) Chief Joseph Dam - waters between the west end of the tailrace deck downstream 400 feet to boundary markers in Okanogan County.

(b) Wells Dam - waters between the upstream line of Wells Dam to boundary markers 400 feet below the spawning channel discharge on the Chelan County side and the fish ladder on the Douglas County side.))

(2) Rocky Reach Dam to Priest Rapids Dam: Daily Limit C - June 1 through September 15; Daily Limit A - September 16 through December 31. ((The following are closed waters: Rocky Reach, Rock Island and Wanapum Dams - waters between the upstream lines of these dams and boundary markers 400 feet downstream of the fish ladders at Rocky Reach and Rock Island Dams and boundary markers at Wanapum Dam 750 feet below the east fish ladder and 500 feet below the west fish ladder.))

(3) Priest Rapids Dam to the Vernita Bridge: Daily Limit C - June 1 through August 15; Daily Limit A - August 16 through October 31; Daily Limit C - November 1 through December 31. ((The following are closed waters:

(a) Priest Rapids Dam - waters between the upstream line of Priest Rapids Dam and boundary markers 650 feet below the fish ladders.

(b) Jackson (Moran) Creek - All waters of the Priest Rapids hatchery system including Columbia River waters out to midstream between markers located 100 feet upstream and 400 feet downstream of the mouth of the hatchery outlet.))

(4) Vernita Bridge to old Hanford townsite wooden power line towers; Daily Limit C - June 16 through August 15; Daily Limit A - August 16 through October 22.

(5) Old Hanford townsite wooden power line towers to Highway 395 Bridge connecting Pasco and Kennewick: Daily Limit C - June 1 through August 15; Daily Limit A - August 16 through December 31.

(6) Highway 395 Bridge connecting Pasco and Kennewick to the Interstate 5 Bridge: Daily Limit A - August 1 through December 31. It is unlawful to take or possess sockeye or chum salmon taken downstream of the Highway 395 Bridge.

((The following waters are closed to fishing for food fish at all times:

(a) McNary Dam - waters between the upstream line of McNary Dam and a line across the river from the red and white marker on the Oregon shore to the downstream end of the wingwall of the boat lock near the Washington shore.

(b) John Day Dam - waters between the upstream line of John Day Dam and markers approximately 3,000 feet downstream, except that fishing is permitted from the Washington shore to within 400 feet of the fishway entrance.

(c) The Dalles Dam - waters between the upstream line of the Dalles Dam and the upstream side of the Interstate 197 Bridge, except that fishing is permitted from the Washington shore to within 400 feet of the fishway entrance.

(d) Spring Creek - waters within 1/4 mile of the U.S. Fish and Wildlife Service Hatchery grounds between posted boundary markers located 1/4 mile on either side of the fish ladder entrance.

(e) Bonneville Dam - waters between the upstream line of Bonneville Dam and a point 600 feet below the fish ladder at the new Bonneville Dam powerhouse.))

(7) Interstate 5 Bridge to the Megler-Astoria Bridge: Daily Limit A - August 1 through March 31. During September, it is unlawful to fish for or possess salmon taken for personal use in those waters of the Columbia River north of a line from Abernathy Point Light to a boundary marker east of the mouth of Abernathy Creek. It is unlawful to take or possess sockeye or chum salmon taken downstream from the Interstate 5 Bridge to the Megler-Astoria Bridge.

(8) Megler-Astoria Bridge to the Buoy 10 Line:

(a) Daily Limit F except release chinook salmon - August 1 through Labor Day. It is unlawful to use barbed hooks in the fishery provided for in this subsection.

(b) Daily limit F - the day after Labor Day through September 30.

(c) Daily Limit A - October 1 through March 31.

(d) It is unlawful to take or possess sockeye or chum salmon taken downstream from the Megler-Astoria Bridge to the Buoy 10 Line.

(9) North Jetty (mouth of Columbia River): Open to angling from the bank only when state waters north of the control zone are open to salmon angling. During such periods fishing from the north jetty is open 7 days per week and the daily limit shall be the same as for the ocean waters when open. Also open to angling from the bank only concurrent with the Buoy 10 fishery. Daily limit and gear requirement will be identical with those in the Buoy 10 fishery. It is unlawful to take or possess sockeye or chum salmon taken from the North Jetty.

[Statutory Authority: RCW 75.08.080. 95-12-027 (Order 95-46), 220-57-160, filed 5/31/95, effective 7/1/95; 93-08-034 (Order 93-20), 220-57-160, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-57-160, filed 5/12/92, effective 6/12/92; 90-06-026, 220-57-160, filed 2/28/90, effective 3/31/90; 89-15-022 (Order 89-56), 220-57-160, filed 7/12/89; 89-07-060 (Order 89-12), 220-57-160, filed 3/16/89; 88-10-013 (Order 88-15), 220-57-160, filed 4/26/88; 87-09-066 (Order 87-16), 220-57-160, filed 4/21/87; 86-09-020 (Order 86-08), 220-57-160, filed 4/9/86; 85-20), 220-57-160, filed 4/9/85; 84-09-026 (Order 84-22), 220-57-160, filed 4/11/84; 83-07-043 (Order 83-16), 220-57-160, filed 3/17/83; 82-13-040 (Order 82-61), 220-57-160, filed 6/9/82; 82-07-047 (Order 82-19), 220-57-160, filed 3/18/82; 81-05-027 (Order 81-13), 220-57-160, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-57-160, filed 2/27/80, effective 4/1/80; 79-02-052 (Order 79-7), 220-57-160, filed 1/30/79, effective 4/1/79; Order 77-3, 220-57-160, filed 1/28/77, effective 3/1/77; Order 76-14, 220-57-160, filed 3/15/76 and 3/24/76, effective 5/1/76. Formerly WAC 220-57-011.]

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