WSR 02-19-014

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 02-224 -- Filed September 6, 2002, 1:32 p.m. ]

Date of Adoption: September 5, 2002.

Purpose: Adopt personal use fishing rule amendment.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-315.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 02-15-106 on July 17, 2002.

Changes Other than Editing from Proposed to Adopted Version: Amendments to WAC 232-28-619 continued to September 27th.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

September 6, 2002

Nancy Burhart [Burkhart]

for Russ Cahill, Chair

Fish and Wildlife Commission

OTS-5862.1


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

WAC 220-56-315   Crabs, shrimp, crawfish -- Unlawful acts.   (1) It is unlawful to take and possess crabs, shrimp, and crawfish taken for personal use except by hand or with hand dip nets, ring nets, shellfish pots, and any hand-operated instrument that will not penetrate the shell.

(2) It is unlawful to use more than two units of gear at any one time except:

(a) In Puget Sound waters other than Hood Canal Shrimp District it is unlawful to use at any one time more than two units of crab gear and two additional units of shrimp gear.

(b) In Hood Canal Shrimp District it is unlawful to use more than one shrimp pot and a total of two star traps or ring nets during the Hood Canal shrimp season.

(c) It is unlawful for the operator of any boat from which shrimp pots are set or pulled in Catch Record Card Areas 4 through 13 to have on board or to fish more than four shrimp pots.

(d) In the Columbia River it is unlawful to use more than three units of crab gear.

(3) It is unlawful for any person to operate a shellfish pot not attached to a buoy bearing that person's name, except that a second person may assist the pot owner in operation of the gear.

(4) It is unlawful to salvage or attempt to salvage shellfish pot gear from Hood Canal that has been lost without first obtaining a permit authorizing such activity issued by the director, and it is unlawful to fail to comply with all provisions of such permit.

(5) It is unlawful to fish for or possess crab taken for personal use from the waters of Fidalgo Bay within 25 yards of the Burlington Northern Railroad trestle connecting March Point and Anacortes.

(6) It is unlawful to fish for or possess crab taken for personal use with shellfish pot or ring net gear from the waters of Padilla Bay or Swinomish Slough within 25 yards of the Burlington Northern Railroad crossing the northern end of Swinomish Slough except from one hour before official sunrise to one hour after official sunset.

(7) It is unlawful to dig for or possess ghost or mud shrimp taken for personal use by any method except hand operated suction devices or dug by hand.

(8) One unit of gear is equivalent to one ring net or one shellfish pot.

(9) Each unit of gear must be attached to its own buoy line and have a separate buoy for each unit of gear.

(10) No fisher may set or pull shellfish pots except crawfish pots, ring nets or star traps from a vessel in all state waters from one hour after official sunset to one hour before official sunrise.

(11) It is unlawful to possess soft-shelled crab for any personal use purpose. Violation of this subsection shall be an infraction, punishable under RCW 77.15.160.

[Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), 220-56-315, filed 3/29/02, effective 5/1/02; 01-07-024 (Order 01-39), 220-56-315, filed 3/14/01, effective 4/14/01. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-315, filed 3/29/00, effective 5/1/00; 98-06-031, 220-56-315, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 94-14-069, 220-56-315, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), 220-56-315, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), 220-56-315, filed 5/12/92, effective 6/12/92; 89-07-060 (Order 89-12), 220-56-315, filed 3/16/89; 81-05-027 (Order 81-13), 220-56-315, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), 220-56-315, filed 2/27/80, effective 4/1/80.]

Washington State Code Reviser's Office