Effective Date of Rule: Thirty-one days after filing.

     Purpose: Commercial shellfish pot gear -- Escape mechanism required. Crawfish escape panels.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-52-035.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 05-20-113 on October 5, 2005; and WSR 05-22-036 on October 27, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 10, 2006.

Nancy Burkhart

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-8146.1

AMENDATORY SECTION(Amending Order 03-180, filed 8/6/03, effective 9/6/03)

WAC 220-52-035   ((Crab and shrimp)) Commercial shellfish pot gear -- Escape mechanism required.   It is unlawful to fish for or possess crab ((or)), shrimp, or crawfish taken for commercial purposes with shellfish pot gear unless the gear allows for escapement using at least one of the following methods:

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

     (2) An opening in the pot mesh no less than three inches by five inches which is laced or sewn closed with untreated cotton twine or other natural fiber 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.

[Statutory Authority: RCW 77.12.047. 03-16-097 (Order 03-180), § 220-52-035, filed 8/6/03, effective 9/6/03. Statutory Authority: RCW 75.08.080. 87-23-006 (Order 87-187), § 220-52-035, filed 11/6/87.]

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