WSR 17-05-112 PERMANENT RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-04—Filed February 15, 2017, 11:42 a.m., effective March 18, 2017] Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of the rule making is to better organize the structure of and cleanup specific provisions in the Washington department of fish and wildlife's administrative code so that it is easier to understand and navigate for the public and department staff. The rule making consolidates all rules into one WAC title (Title 220 WAC) from two titles (Titles 220 and 232 WAC) and makes technical changes to WAC sections.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-95-013, 220-95-018 and 220-95-022; and amending WAC 220-12-005, 220-12-090, 220-16-015, 220-16-126, 220-16-211, 220-16-257, 220-16-260, 220-16-300, 220-16-305, 220-16-310, 220-16-315, 220-16-320, 220-16-330, 220-16-335, 220-16-340, 220-16-345, 220-16-350, 220-16-355, 220-16-360, 220-16-370, 220-16-375, 220-16-380, 220-16-395, 220-16-400, 220-16-420, 220-16-430, 220-16-450, 220-16-470, 220-16-475, 220-16-490, 220-16-610, 220-16-800, 220-16-810, 220-20-001, 220-20-013, 220-20-015, 220-20-021, 220-20-025, 220-20-050, 220-20-080, 220-20-100, 220-20-117, 220-20-118, 220-20-121, 220-20-124, 220-22-020, 220-24-010, 220-24-020, 220-24-030, 220-24-040, 220-32-055, 220-32-057, 220-32-059, 220-32-060, 220-33-001, 220-36-015, 220-36-020, 220-36-021, 220-36-023, 220-40-015, 220-40-020, 220-40-027, 220-40-031, 220-44-030, 220-44-035, 220-44-040, 220-44-050, 220-44-090, 220-44-095, 220-44-100, 220-47-001, 220-47-301, 220-47-302, 220-47-303, 220-47-310, 220-47-319, 220-47-325, 220-47-410, 220-47-427, 220-48-005, 220-48-052, 220-48-071, 220-49-005, 220-49-020, 220-49-023, 220-49-063, 220-52-010, 220-52-01901, 220-52-01902, 220-52-01903, 220-52-040, 220-52-041, 220-52-042, 220-52-050, 220-52-051, 220-52-052, 220-52-063, 220-52-066, 220-52-068, 220-52-069, 220-52-070, 220-55-070, 220-55-220, 220-56-100, 220-56-105, 220-56-107, 220-56-110, 220-56-115, 220-56-116, 220-56-128, 220-56-129, 220-56-150, 220-56-175, 220-56-255, 220-56-282, 220-56-360, 220-56-365, 220-56-382, 220-56-500, 220-56-510, 220-69-220, 220-69-230, 220-69-23402, 220-69-241, 220-69-243, 220-69-254, 220-69-256, 220-69-260, 220-69-273, 220-69-300, 220-74-010, 220-74-020, 220-74-022, 220-74-025, 220-76-001, 220-76-010, 220-76-140, 220-77-010, 220-77-030, 220-77-065, 220-77-082, 220-80-080, 220-88-040, 220-88D-010, 220-88D-050, 220-125-020, 220-125-070, 220-130-020, 220-130-080, 220-140-010, 220-140-030, 220-140-040, 220-310-175, 220-310-180, 220-310-190, 232-12-002, 232-12-005, 232-12-016, 232-12-017, 232-12-019, 232-12-062, 232-12-063, 232-12-064, 232-12-066, 232-12-067, 232-12-141, 232-12-142, 232-12-271, 232-12-275, 232-12-277, 232-12-297, 232-12-830, 232-12-845, 232-28-297, 232-28-516, 232-28-620, 232-28-621, 232-28-623, 232-30-250, 232-30-460, 232-36-020, 232-36-030, 232-36-050, 232-36-051, 232-36-052, 232-36-054, 232-36-055, 232-36-065, 232-36-090, 232-36-100, 232-36-110, 232-36-210, 232-36-300, 232-36-310, 232-36-400, and 232-36-500.
Adopted under notice filed as WSR 17-02-088 on January 4, 2017.
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 221, Repealed 3.
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 [11], 2017.
Brad Smith, Chair
Fish and Wildlife Commission
AMENDATORY SECTION (Amending WSR 02-19-007, filed 9/5/02, effective 10/6/02)
WAC 220-12-005 Request for classification of nonnative aquatic animal species.
Any person requesting classification of a nonnative aquatic animal species as a food fish, game fish, or shellfish must follow the procedure for request for designation prior to approval for release in WAC ((232-12-016)) 220-640-010(1).
AMENDATORY SECTION (Amending WSR 12-05-082, filed 2/16/12, effective 3/18/12)
WAC 220-12-090 Classification—Nonnative aquatic animal species.
(1) Prohibited aquatic animal species. The following species are classified as prohibited aquatic animal species:
(a) Amphibians:
(i) In the family Hylidae: Cricket frog, in the genus Hyla species in the group Arborea including: Hyla annectans, Hyla arborea, Hyla chinensis, Hyla hallowellii, Hyla immaculata, Hyla japonica, Hyla meridionalis, Hyla sanchiangensis, Hyla simplex, Hyla suweonensis, Hyla tsinlingensis, Hyla ussuriensis, and Hyla zhaopingensis.
(ii) In the family Pelobatidae, spadefoots, all species of the genus Pelobates including P. cultripes, P. fuscus, P. syriacus, and P. varaldii. All species of the genus Scaphiopus including: S. couchii, S. holbrookii, and S. hurterii. All species of the genus Spea including: S. hurterii, S. bombifrons, S. hammondii, and S. multiplicata with the exception of the native species: Spea intermontana the great basin spadefoot.
(iii) In the family Pipidae: African clawed frog, all members of the genera Silurana, and Xenopus.
(iv) In the family Ranidae:
(A) Bull frog, Rana catesbeiana.
(B) Holoarctic brown frogs and Palearctic green frogs of the genus Rana, including the following: Rana arvalis group (R. arvalis, R. chaochiaoensis, R. chevronta); Rana chensinensis group (R. altaica, R. chensinensis, R. dybowskii, R. kukunoris, R. kunyuensis, R. ornativentris, R. pirica); Rana graeca group (R. graeca, R. italica); Rana japonica group (R. amurensis, R. aragonensis, R. japonica, R. omeimontis, R. zhenhaiensis); the subgenus Rugosa (Rana rugosa, Rana emeljanovi, Rana tientaiensis); Rana tagoi group (R. sakuraii, R. tagoi); Rana temporaria group (R. asiatica, R. dalmatina, R. honnorate, R. huanrenensis, R. iberica, R. latastei, R. macrocnemis, R. okinavana, R. pyrenaica, R. tsushimensis, R. zhengi); and in the Rana Pelophylax section, the subgenus Pelophylax (R. bedriagae, R. bergeri, R. cerigensis, R. chosenica, R. cretensis, R. demarchii, R. epeirotica, R. fukienensis, R. grafti, R. hubeiensis, R. lateralis, R. lessonae, R. nigrolineata, R. nigromaculata, R. perezi, R. plancyi, R. porosa, R. ridibunda, R. saharica, R. shqiperica, R. shuchinae, R. terentievi, R. tenggerensis); and the Rana ridibunda-Rana lessonae hybridogenetic complex species R. esculenta and R. hispanica.
(v) In the family Ambystomatidae: Mole salamanders. In the genus Ambystomata: A. californiense, A. laterale, A. opacum, A. rosaceum, A. tigrinum, except for the native species A. tigrinum mavortium Western tiger salamander, and A. tigrinum melanostictum Tiger salamander.
(vi) In the family Amphiumidae one, two, and three toed salamanders or congo eels: All members of the genus Amphiuma.
(vii) In the family Cryptobranchidae: Giant salamanders and hellbenders, all members of the genera Andrias and Cryptobranchus.
(viii) In the family Dicamptodontidae, American giant salamanders, all members of the genus Dicamptodon, except for the native species: Dicamptodon tenebrosus, Pacific giant salamander, and Dicamptodon copei, Cope's giant salamander.
(ix) In the family Hynobiidae: Mountain salamanders, all members of the genera Batrachuperus, Hynobius, Liua, Onychodactylus, Pachyhynobius, Pseudohynobius, Ranodon, and Salamandrella.
(x) In the family Plethodontidae, subfamily Desmognathinae: All members of the genus Desmognathus, dusky salamander.
(xi) In the family Plethodontidae, subfamily Plethodontinae: All members of the genera Aneides (climbing salamanders); Batrachoseps (slender salamanders); Eurycea (American brook salamanders); Gyrinophilus (cave salamanders); Hemidactylium (four-toed salamanders); Hydromantes (web-toed salamanders); Plethodon (woodland and slimy salamanders); Pseudotriton (mud or red salamanders), and Speleomantes (European salamanders).
(xii) In the family Proteidae, mudpuppies, all members of the genus Necturus and Proteus.
(xiii) In the family Salamandridae: Newts, all members of the genera Chioglossa; Eichinotriton (mountain newts); Euproctus (European mt. salamander); Neurergus (Kurdistan newts); Notophthalmus (red-spotted newts); Pachytriton (Chinese newts); Paramesotriton (warty newts); Salamandrina (speckled salamander); Taricha except for the native species Taricha granulosa granulosa the Northern rough-skinned newt, and Triturus (alpine newts).
(xiv) In the family Sirenidae, sirens, all species of the genera Pseudobranchus and Siren.
(b) Reptiles:
(i) In the family Chelydridae, snapping turtles, all species.
(ii) In the family Emydidae:
(A) Chinese pond turtles, all members of the genus Chinemys.
(B) Pond turtles, all members of the genus Clemmys.
(C) European pond turtle, Emys orbicularis.
(D) Asian pond turtle, all members of the genus Mauremys.
(iii) In the family Trionychidae, American soft shell turtles, all members of the genus Apalone.
(c) Crustaceans:
(i) Family Cercopagidae:
(A) Fish hook water flea, Cercopagis pengoi.
(B) Spiny water flea, Bythotrephes cederstroemi.
(ii) Family Grapsidae: Mitten crabs: All members of the genus Erochier.
(iii) Family Cambaridae: Crayfish: All genera, except a person may possess and transport dead prohibited crayfish species obtained under the department's recreational crayfishing rules (WAC ((220-56-336 and 220-56-315)) 220-330-090 and 220-330-100). There is no daily limit, size limit, or sex restriction for prohibited crayfish species. All nonnative crayfish must be kept in a separate container from native crayfish. Release of any live crayfish species into waters other than the water being fished is prohibited.
(iv) Family Parastacidae: Crayfish: All genera except Engaeos, and except the species Cherax quadricarinatus, Cherax papuanus, and Cherax tenuimanus.
(v) Family Portunidae: European green crab, Carcinus maenas.
(vi) Family Spheromatidae: Burrowing isopod, Sphaeroma quoyanum.
(d) Fish:
(i) Family Amiidae: Bowfin, grinnel, or mudfish, Amia calva.
(ii) Family Channidae: China fish, snakeheads: All members of the genus Channa.
(iii) Family Characidae: Piranha or caribe: All members of the genera Pygocentrus, Rooseveltiella, and Serrasalmus.
(iv) Family Clariidae: Walking catfish: All members of the family.
(v) Family Cyprinidae:
(A) Fathead minnow, Pimephales promelas.
(B) Carp, Bighead, Hypopthalmichthys nobilis.
(C) Carp, Black, Mylopharyngodon piceus.
(D) Carp, Grass (in the diploid form), Ctenopharyngodon idella.
(E) Carp, Silver, Hypopthalmichthys molitrix.
(F) Ide, silver orfe or golden orfe, Leuciscus idus.
(G) Rudd, Scardinius erythropthalmus.
(vi) Family Gobiidae: Round goby, Neogobius melanostomus.
(vii) Family Esocidae: Northern pike, Esox lucius: A person may possess and transport dead prohibited Northern pike obtained under the department's recreational sport fishing rules (WAC ((220-56-100 and 220-56-115)) 220-300-160 and 220-310-110). There is no minimum size, no daily limit, and no possession limit. Release of any live Northern pike into water other than the water being fished is prohibited.
(viii) Family Lepisosteidae: Gar-pikes: All members of the family.
(e) Mammals:
Family Myocastoridae: Nutria, Myocastor coypu.
(f) Molluscs:
(i) Family Dreissenidae: Zebra mussels: All members of the genus Dreissena and all species known as quagga.
(ii) Family Gastropoda: New Zealand mud snail, Potamopyrgus antipodarum.
(2) Regulated aquatic animal species. The following species are classified as regulated aquatic animal species:
(a) Crustaceans:
All nonnative crustaceans classified as shellfish.
(b) Fish:
(i) All nonnative fish classified as food fish and game fish.
(ii) Family Cichlidae: Tilapia: All members of the genera Tilapia, Oneochromis, and Sartheradon.
(iii) Family Clupeidae: Alewife, Alosa pseudoharengus.
(iv) Family Cyprinidae:
(A) Common carp, koi, Cyprinus carpio.
(B) Goldfish, Carassius auratus.
(C) Tench, Tinca tinca.
(D) Grass carp (in the triploid form), Ctenopharyngodon idella.
(v) Family Poeciliidae: Mosquito fish, Gambusia affinis.
(c) Molluscs:
(i) All nonnative molluscs classified as shellfish.
(ii) Family Psammobiidae: Mahogany clam or purple varnish clam, Nuttalia obscurata.
(3) Unregulated aquatic animal species. The following species are classified as unregulated aquatic animal species: None.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 94-12-009, filed 5/19/94, effective 6/19/94)
WAC 220-16-015 ((General)) Definitions—Trawl gear.
(1) "Otter trawl" shall be defined as a cone or funnel-shaped net which is towed or drawn through the water by one or two vessels. Otter trawl nets may be used both on and off the seabed. Otter trawl nets may be fished with or without trawl doors, and may employ warps or cables to direct fish. Otter trawl nets are restricted to the following three categories:
(a) "Bottom trawl" means an otter trawl in which the otter boards or the footrope of the net contact the seabed, and includes Danish and Scottish seine gear.
(b) "Roller trawl" or "bobbin trawl" are identical, and mean an otter trawl with footropes equipped with rollers or bobbins made of wood, steel, rubber, plastic, or other hard material which protects the net during fishing on the seabed.
(c) "Pelagic trawl" means an otter trawl in which the otter boards may be in contact with the seabed but the footrope of the net remains above the seabed. Pelagic trawl nets may not have footropes protected at the trawl mouth with rollers, bobbins, or discs.
(2) "Beam trawl" shall be defined as a type of bottom trawl, consisting of a bag-shaped trawl net utilizing a beam to spread the mouth of the net horizontally as it is towed and not having weighted otter frames or otter doors. The minimum mesh size for beam trawl nets is four and one-half inches in a food fish fishery and one and one-half inches in a shrimp fishery, unless otherwise provided.
(3) "Shrimp trawl" shall be defined as a tapered, funnel-shaped trawl net in which the mesh size is two inches or less in the intermediate and codend sections of the trawl. Otter doors, otter boards, or a beam may be used to spread the mouth of the net horizontally as it is towed. The mouth of the net is formed on the upper edge by a line to which floats are attached (headrope) and on the lower edge by a line which is usually weighted (footrope). Additional webbing is frequently attached to the codend section to prevent the net from chafing.
(4) "Scallop dredge" shall be defined as trawl gear with a leading rigid frame opening with a trailing bag of metal rings or net mesh, which is legal gear for harvest of scallops.
(5) "Codend" shall be defined as the terminal, closed end of a trawl net.
(a) Single-walled codend is a codend constructed of a single wall of webbing knitted with single-ply mesh, or with double-ply mesh (double twine tied into a single knot).
(b) Double-walled codend is a codend constructed of two walls of webbing. The double-walled portion of the codend must be tied knot-to-knot to the trawl net, and may not be longer than twenty-five trawl meshes or twelve feet, whichever is greater. The use of double-walled codends is unlawful in pelagic trawls, roller trawls, and bobbin trawls.
(6) "Chafing gear" shall be defined as webbing or other material attached to the bottom (underside) or around the codend of a trawl net to protect the codend from wear. Chafing gear must not be connected to the terminal (closed) end of the codend.
(7) "Trawl riblines" shall be defined as heavy ropes or lines that run down the sides, top or underside of a trawl net from the mouth of the net to the terminal end of the codend to strengthen the net during fishing.
(8) "Trawl mesh size" shall be defined as the distance between the inside of one knot and the inside of the opposite vertical knot in trawl mesh. Minimum trawl mesh size requirements are met if a wedge of legal size can be passed without undue force through sixteen of twenty sets of two meshes each of wet mesh in the codend.
AMENDATORY SECTION (Amending WSR 82-14-056, filed 7/1/82)
WAC 220-16-126 Definitions—Troll spread.
"Troll spread" shall be defined as a readily detachable line more than 4 inches in length, which has one or more lures attached to it, and is attached to the main troll line which cannot be removed from the vessel during its operation.
AMENDATORY SECTION (Amending WSR 12-09-046, filed 4/13/12, effective 5/14/12)
WAC 220-16-211 Geographical definitions—Puget Sound tributaries.
The term "Puget Sound tributaries" includes the waters of all fresh water rivers and streams tributary to Puget Sound as defined in WAC ((220-16-210)) 220-300-280 and all tributaries flowing into said rivers and streams.
AMENDATORY SECTION (Amending WSR 00-08-038, filed 3/29/00, effective 5/1/00)
WAC 220-16-257 Definitions—Razor clam beds.
"Razor clam beds" are defined as that portion of Pacific Ocean beaches westerly of a line 150 feet waterward of the extreme upper limit of the hard sand area. The detached Willapa Bay Spits that are north of Leadbetter Channel, west of Ellen Sands and south of the Willapa Ship Channel are also defined as "razor clam beds," as are those portions of the mouths of Grays Harbor and Willapa Bay which contain razor clams.
AMENDATORY SECTION (Amending WSR 06-01-013, filed 12/9/05, effective 1/9/06)
WAC 220-16-260 Puget Sound Crab Management Regions.
The following areas are defined as Puget Sound Crab Management Regions:
(1) Crab Management Region 1 - (North Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, and 22B.
(2) Crab Management Region 2-East - (Eastern Central Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24A, 24B, 24C, 24D, and 26A-E (see WAC ((220-52-046)) 220-340-455).
(3) Crab Management Region 2-West - (Western Central Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25B, 25D, and 26A-W (see WAC ((220-52-046)) 220-340-455).
(4) Crab Management Region 3, subarea 3-1 - (Eastern Strait of Juan de Fuca). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23A and 23B.
(5) Crab Management Region 3, subarea 3-2 - (Central Strait of Juan de Fuca). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 25A, and 25E.
(6) Crab Management Region 3, subarea 3-3 - (Western Strait of Juan de Fuca). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 23C and 29.
(7) Crab Management Region 4 - (Southern Central Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26B and 26C.
(8) Crab Management Region 5 - (Hood Canal). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 25C, 27A, 27B, and 27C.
(9) Crab Management Region 6 - (South Puget Sound). All waters of Marine Fish-Shellfish Management and Catch Reporting Areas 26D, 28A, 28B, 28C, and 28D.
AMENDATORY SECTION (Amending Order 817, filed 5/29/69)
WAC 220-16-300 ((General)) Definitions—Personal use.
The taking or possession of food fish or shellfish for personal use is defined as the taking or fishing for food fish and shellfish or parts thereof by angling or by such other means, with such gear and for such limits as the director may authorize for personal use, or possessing the same for the use of the person fishing for, taking or possessing the same, and not for sale or barter.
AMENDATORY SECTION (Amending Order 817, filed 5/29/69)
WAC 220-16-305 ((General)) Definitions—Commercial purposes.
The taking, fishing for, possession, processing, or otherwise dealing in or disposing of food fish and shellfish for commercial purposes is defined as the taking or fishing for food fish with any gear unlawful for fishing for personal use, or taking or possessing food fish and shellfish in excess of the limits permitted for personal use, or taking, fishing for, handling, processing, or otherwise disposing of or dealing in food fish with the intent of disposing of such food fish, shellfish or parts thereof for profit or by sale, barter, trade or in commercial channels.
AMENDATORY SECTION (Amending Order 817, filed 5/29/69)
WAC 220-16-310 ((General)) Definitions—Net length measurement.
The length of any net is defined as its measurement along the cork line.
AMENDATORY SECTION (Amending WSR 86-13-038, filed 6/12/86)
WAC 220-16-315 ((General)) Definitions—Net mesh measurement.
The size of a mesh of any net except purse seine net, trawl net, and Hood Canal shrimp pot net shall be defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh when the mesh is stretched vertically, while wet, by using a tension of ten pounds on any three consecutive meshes, then measuring the middle mesh of the three while under tension; purse seine net mesh - See WAC ((220-47-301)) 220-354-100; trawl net mesh - See WAC ((220-16-015; Hood Canal shrimp pot net - See WAC 220-52-053)) 220-350-210.
AMENDATORY SECTION (Amending WSR 08-07-003, filed 3/5/08, effective 4/5/08)
WAC 220-16-320 ((General)) Definitions—Fish length measurement.
The length of a fish, unless otherwise provided, is defined as the shortest distance between the extreme tip of the tail and extreme tip of the snout or jaw, whichever extends the farthest, measured while the fish is lying in a prone and normal position, except:
The term "fork length" means the distance from the extreme tip of the snout to the center of the fork of the tail.
AMENDATORY SECTION (Amending WSR 12-23-016, filed 11/9/12, effective 12/10/12)
WAC 220-16-330 ((General)) Definitions—Dressed fish.
(1) A dressed fish is defined as one from which the viscera or the viscera and head have been removed, unless otherwise defined by department rule.
(2) The length of any dressed fish is defined as the shortest distance between the posterior end of the gill opening and the fork of the tail.
AMENDATORY SECTION (Amending Order 866, filed 6/12/70)
WAC 220-16-335 ((General)) Definitions—Spawning salmon.
The term "spawning male salmon" is one from which the milt flows freely. The term "spawning female salmon" is one from which the eggs flow freely or has matured to the point that the eggs may be extruded by pressure applied to the abdomen of the salmon.
AMENDATORY SECTION (Amending WSR 85-09-017, filed 4/9/85)
WAC 220-16-340 ((General)) Definitions—Bottomfish.
The term "bottomfish," unless otherwise provided, is defined as including Pacific cod, Pacific tomcod, Pacific hake, walleye pollock all species of dabs, sole and flounders (except Pacific halibut), lingcod and all other species of greenling, ratfish, sablefish, cabezon, buffalo sculpin, great sculpin, red Irish lord, brown Irish lord, Pacific staghorn sculpin, wolf-eel, giant wry mouth, plainfin midshipman, spiny dogfish, six gill shark, soupfin shark and all other species of shark, and all species of skate, rockfish, rattails and surfperches except shiner perch.
AMENDATORY SECTION (Amending WSR 00-08-038, filed 3/29/00, effective 5/1/00)
WAC 220-16-345 ((General)) Definitions—Time.
All Times referred to in any order or regulation shall be Pacific Standard Time, except that during the period from the first Sunday in April through the last Sunday in October all times referred to shall be Pacific Daylight Time.
AMENDATORY SECTION (Amending Order 817, filed 5/29/69)
WAC 220-16-350 ((General)) Definitions—Jack salmon.
A jack salmon is defined as any salmon which has matured and begun its spawning migration one or more years before the normal term of maturity of other members of its species, and which has visibly developed eggs or milt.
AMENDATORY SECTION (Amending Order 817, filed 5/29/69)
WAC 220-16-355 ((General)) Definitions—Soft-shelled crab.
A soft-shelled crab is defined as a crab whose shell, including shell covering of the legs, is not fully hardened and said shell is flexible and depresses to digital pressure.
AMENDATORY SECTION (Amending Order 1105, filed 12/28/73)
WAC 220-16-360 ((General)) Definitions—Bait purposes.
The taking or possession of food fish for bait is defined as capturing food fish which will be used to entice or lure other fish or shellfish to a hook, lure, trap or other fishing gear for the purpose of capture for sport or commercial use and shall not include food fish or shellfish taken for feeding to zoo or domestic animals.
AMENDATORY SECTION (Amending Order 76-148, filed 12/2/76)
WAC 220-16-370 ((General)) Definitions—Sac-roe herring purposes.
Taking or possessing herring for sac-roe purposes is defined as capturing herring which will have the roe (eggs) removed for separate processing or resale. Sac-roe is not equivalent to human consumption even though the carcasses may subsequently be used for food.
AMENDATORY SECTION (Amending WSR 84-09-026, filed 4/11/84)
WAC 220-16-375 Geographical definition—Westport Boat Basin.
"Westport Boat Basin" shall include those waters of Grays Harbor inside the breakwater surrounding the boat basin and inside of lines drawn between lighted day markers 10 and 11 and between lighted day markers 1 and 2 which mark the two entrances to the boat basin.
AMENDATORY SECTION (Amending WSR 84-09-026, filed 4/11/84)
WAC 220-16-380 Geographical definition—English Camp Tidelands.
"English Camp Tidelands" includes those waters of Wescott Bay lying inside the boundaries of San Juan Island National Historical Park (English Camp).
AMENDATORY SECTION (Amending WSR 87-09-066, filed 4/21/87)
WAC 220-16-395 Geographical definition—Buoy 13 line.
The term "Buoy 13 line" is defined as a line drawn true north-south through Grays Harbor Channel Marker Number 13 near the mouth of Grays Harbor.
AMENDATORY SECTION (Amending WSR 88-18-066, filed 9/2/88)
WAC 220-16-400 Geographical definition—Lower Columbia River.
"Lower Columbia River" is defined as Columbia River Salmon Management and Catch Reporting Areas 1A, 1B, 1C, 1D, and 1E as defined in WAC ((220-22-010)) 220-301-010 and tributaries to these areas.
AMENDATORY SECTION (Amending WSR 90-03-068, filed 1/19/90, effective 2/19/90)
WAC 220-16-420 Definitions—Explosive substance.
The term "explosive substance" includes, but is not limited to, any gaseous discharge that generates pressure waves capable of harming food fish or shellfish.
AMENDATORY SECTION (Amending WSR 90-07-003, filed 3/8/90, effective 4/8/90)
WAC 220-16-430 Definitions—Spawn on kelp.
"Spawn on kelp" is defined as herring eggs which have been deposited on any type of aquatic vegetation. It is unlawful to take spawn on kelp for commercial purposes unless a person has a spawn on kelp permit issued by the director.
AMENDATORY SECTION (Amending WSR 90-06-026, filed 2/28/90, effective 3/31/90)
WAC 220-16-450 Geographical definition—Light 26 Line.
The "Light 26 Line" is defined as a line in the Columbia River from the landward end of the Chinook Jetty following the jetty to Chinook Jetty Light No. 7, then southerly in a straight line to Desdemona Sands Light, then southeasterly in a straight line through Light 26 to the Oregon shore.
AMENDATORY SECTION (Amending WSR 05-17-007, filed 8/3/05, effective 9/3/05)
WAC 220-16-470 Definitions—Wild fish.
"Wild" when used to describe the difference between a hatchery fish and a nonhatchery fish, except salmon, means a fish with all fins intact. A fish missing an adipose or ventral fin with a healed scar at the site is not a wild fish. When "wild" is used to describe a salmon, "wild" means a salmon with an unclipped adipose fin, regardless of whether the salmon is ventral fin clipped. A salmon with a clipped adipose fin and having a healed scar at the site of the clipped fin is not a wild salmon.
AMENDATORY SECTION (Amending WSR 98-06-031, filed 2/26/98, effective 5/1/98)
WAC 220-16-475 Definition—Forage fish.
"Forage fish" is defined as anchovy, herring, sand lance, sardine and smelt.
AMENDATORY SECTION (Amending WSR 11-15-001, filed 7/6/11, effective 8/6/11)
WAC 220-16-490 Geographical definition—Bonilla-Tatoosh Line.
The "Bonilla-Tatoosh Line" is defined as a line projected from the most westerly point on Cape Flattery (48°22.863' N. lat., 124°43.907' W. long.) to the lighthouse on Tatoosh Island, WA (48°23.493' N. lat., 124°44.207' W. long.) then to the light on Bonilla Point on Vancouver Island, British Columbia (48°35.73' N. lat., 124°43.00' W. long.).
AMENDATORY SECTION (Amending WSR 98-06-031, filed 2/26/98, effective 5/1/98)
WAC 220-16-610 Definitions—Anadromous waters.
"Anadromous waters" is defined as all waters that are not landlocked.
AMENDATORY SECTION (Amending WSR 04-07-009, filed 3/4/04, effective 5/1/04)
WAC 220-16-800 Definitions—Hardshell clam.
"Hardshell clam" means all clams classified as shellfish under WAC ((220-12-020)) 220-320-010 except geoduck clams, horse clams, and mud or softshell clams.
AMENDATORY SECTION (Amending WSR 04-07-009, filed 3/4/04, effective 5/1/04)
WAC 220-16-810 Definitions—In a wild state.
"In a wild state," when used to describe a population of animals, means the population is naturally reproducing within the state.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 02-16-069, filed 8/6/02, effective 9/6/02)
WAC 220-20-001 ((General)) Definition((s))—Residency.
For purposes of establishing and maintaining residency in order to purchase and use a Washington state resident commercial or recreational hunting or fishing license, a resident license that is issued to a valid resident of Washington state remains valid for the remainder of the licensing year unless that person obtains a resident license in another state. When a person obtains a resident license in another state, the Washington state resident license becomes invalid.
AMENDATORY SECTION (Amending WSR 05-01-132, filed 12/16/04, effective 1/16/05)
WAC 220-20-013 Unlawful possession and sale of unclassified marine invertebrates.
(1) It is unlawful to deliver krill taken for commercial purposes from state or offshore waters into Washington state, and it is unlawful to possess krill taken for commercial purposes. Violation of this subsection is punishable under RCW ((77.15.140)) 77.15.240.
(2) It is unlawful to traffic in krill. Violation of this subsection is punishable under RCW 77.15.260.
AMENDATORY SECTION (Amending WSR 12-09-046, filed 4/13/12, effective 5/14/12)
WAC 220-20-015 Lawful and unlawful acts—Salmon.
(1) It is unlawful to operate in any river, stream or channel any gillnet 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.
(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 gillnet gear.
(b) In the Pacific Ocean commercial salmon troll fishery, frozen chinook salmon, dressed heads off, must be 21 1/2 inches minimum, and frozen coho salmon, dressed heads off, must 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 77.50.050.
(5) It is permissible to possess salmon for any purpose that were lawfully obtained from state and federal government fish hatcheries and facilities. Subsections (3) and (12) of WAC ((220-20-010)) 220-305-010 and subsection (3) of WAC ((220-20-015)) 220-354-010 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 is unlawful to angle for salmon for personal use from any vessel that is engaged in commercial salmon trolling or has commercially caught salmon aboard.
AMENDATORY SECTION (Amending WSR 07-21-128, filed 10/23/07, effective 11/23/07)
WAC 220-20-021 Sale of commercially caught sturgeon, bottomfish and halibut.
(1) It is unlawful for any person while engaged in commercial fishing for sturgeon, bottomfish or halibut to:
(a) Keep sturgeon smaller or greater than the size limits provided for in WAC ((220-20-020)) 220-353-030, keep more than one sturgeon for personal use, or keep more than the equivalent of one daily limit of sport caught bottomfish for personal use. Any lingcod to be retained for personal use taken east of the mouth of the Sekiu River must be greater than 26 inches in length and may not exceed 40 inches in length. All commercially taken sturgeon, bottomfish, and halibut retained for personal use must be recorded on fish receiving tickets.
(b) Sell any sturgeon, bottomfish, or halibut taken under such license to anyone other than a licensed wholesale dealer within or outside the state of Washington, except that a person who is licensed as a wholesale dealer under the provisions of RCW 77.65.280 may sell to individuals or corporations other than licensed wholesale dealers.
(c) Remove from the body cavity of the sturgeon any eggs or roe prior to the time the sturgeon is sold to a wholesale dealer licensed under RCW 77.65.280.
(2) It is unlawful for any wholesale dealer licensed under RCW 77.65.280 to purchase or attempt to purchase sturgeon eggs from sturgeon taken by any person licensed to take sturgeon for commercial purposes under chapter 77.65 RCW if the sturgeon eggs have been removed from the body cavity of the sturgeon prior to the sale of the sturgeon.
(3) It is unlawful to purchase, sell, barter or attempt to purchase, sell, or barter any sturgeon eggs taken from sturgeon caught in the Columbia River below Bonneville Dam.
(4) It is unlawful to remove either the head or tail from a sturgeon prior to the time the sturgeon is sold to a wholesale dealer licensed under RCW 77.65.280 and delivered to a fish processing plant.
AMENDATORY SECTION (Amending WSR 06-23-114, filed 11/17/06, effective 12/18/06)
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)) 220-320-030. 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) "Shellfish" includes all bodily parts but does not include five pounds or less of relic shells of classified shellfish or relic shells of unclassified freshwater and marine invertebrates. A relic (dead) shell is defined as one which apparently died of natural causes and contains no meat or soft parts; it readily exhibits noticeable sediment, vegetation, algal or mineral stains, discolorations, soiling, weathering or other visual evidence on its interior surface which clearly and unambiguously shows the shell has not been cooked-out or freshly cleaned. No license or permit is required to take or possess up to five pounds of relic shells per day. It is unlawful to take or possess more than five pounds of relic shells without first obtaining a scientific collection permit. Notwithstanding the provisions of this section, it is unlawful to remove relic oyster shells from tidelands.
AMENDATORY SECTION (Amending WSR 94-01-001, filed 12/1/93, effective 1/1/94)
WAC 220-20-050 Display of registration, salmon guide, and angler permit decals.
(1) At the time a vessel is first designated on any license pursuant to WAC ((220-20-051)) 220-351-030, the department will issue a permanent vessel registration number and a set of two vessel registration decals. The vessel registration decals must be affixed to the registered vessel in a permanent manner and be clearly visible from each side of the vessel.
(2) Salmon guides, upon designating a vessel to be used, will be issued salmon guide license decals for that vessel, which decals must be affixed to the vessel in a permanent manner and be clearly visible from each side of the vessel. Each guide using the vessel must have separate license decals for the vessel. Salmon guide license decals will be issued annually upon renewal of the salmon guide license.
(3) Angler permit decals will be issued annually to each salmon charter licensee upon designation of a vessel and the angler permit decals must be affixed to the vessel in a permanent manner and be clearly visible from each side of the vessel.
AMENDATORY SECTION (Amending WSR 04-08-025, filed 3/29/04, effective 4/29/04)
WAC 220-20-080 Sale under a direct retail endorsement.
It is unlawful for any fisher selling salmon, sturgeon or Dungeness crab taken by that fisher under a direct retail endorsement, or for a wholesale dealer accepting salmon, sturgeon or crab from such a fisher, to fail to comply with the requirements of this section.
(1) A direct retail endorsement will not be issued to a licensee who is other than a natural person. Applicants for the endorsement must present a letter from the county health department of the fisher's county of residence certifying that the methods used by the fisher for transport, storage and display of product meet the county and statewide standards for food service operations. If the fisher is landing product from a documented vessel, the letter may be from the county health department of the hailing port of the vessel. Additionally, applicants must present a valid food and beverage service worker's permit at the time of application, and pay the direct retail administrative cost of fifty dollars. The health department letter, permit, and administrative cost are required for each application or renewal for a direct retail endorsement.
(2) Any fisher who offers salmon, sturgeon or crab for retail sale must complete a fish receiving ticket for all salmon, sturgeon or crab aboard the harvesting vessel before the product is offered for retail sale, except if the salmon, sturgeon or crab are being offered for sale directly off the catcher vessel, the fisher may complete the ticket with an estimated number or weight. At the completion of the retail activity, the fisher who has completed a ticket with an estimated number or weight is required to enter the actual number and weight of salmon, sturgeon or crab that were sold at retail. The price shown on the fish receiving ticket must be the actual sale price of the salmon, sturgeon or crab.
(3) Any fisher selling salmon, sturgeon or crab at retail if the product is taken from an area under the quick reporting requirements of WAC ((220-69-240)) 220-352-180, is required to comply with the quick reporting requirement.
(4) Sturgeon and crab offered for retail sale must be landed in the round. Salmon may be cleaned or headed but not steaked or filleted prior to landing.
(5) In order to allow inspection and sampling, each fisher offering salmon, sturgeon or crab for retail sale at any location other than the harvesting vessel or, if from the harvesting vessel, in an amount having a retail value greater than one hundred fifty dollars must notify the department eighteen hours prior to sale and identify the location of the fisher's vessel, temporary food service establishment or restaurant or other business which prepares and sells food at retail to which the fisher is selling the salmon, sturgeon or crab. The only acceptable notification is by telephone to 360-902-2936, fax to 902-2155, or e-mail to enforcement-web@dfw.wa.gov.
(6) Each fisher offering salmon, sturgeon or crab for retail sale must maintain a sequentially numbered receipt book, which receipt book contains a receipt duplicate copy, and must give each purchaser of salmon, sturgeon or crab a receipt showing the number, weight and value of salmon, sturgeon or crab sold to that purchaser. The duplicate receipts must be retained by the seller for one year.
(7) If salmon, sturgeon or crab offered for retail sale and documented on a fish receiving ticket are subsequently sold to a licensed wholesale dealer, the sale must be documented by a sale receipt, not a fish receiving ticket, and it is the responsibility of the wholesale dealer to maintain the product separately, until the product is resold or processed.
(8) Violations of this section are punishable under RCW 77.15.640, Wholesale fish buying and dealing—Rules violations.
AMENDATORY SECTION (Amending WSR 09-06-042, filed 2/25/09, effective 5/1/09)
WAC 220-20-100 ((General provisions)) Closed areas—Marine ((protected)) preserves and conservation areas.
(1) It is unlawful to fish for or possess fish, shellfish, or wildlife taken from any conservation area defined in chapter ((220-16)) 220-303 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 and Yellow and Low Island Preserve is closed to the taking of food fish.
(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 Z'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)) 220-310-150.
(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.
(g) The Saltwater State Park Marine Preserve is closed to all recreational harvest.
AMENDATORY SECTION (Amending WSR 13-03-153, filed 1/23/13, effective 2/23/13)
WAC 220-20-117 Gaffing and use of other body-penetrating devices—Personal use.
(1) It is unlawful to club, gaff, snag, snare, dip net, harass, spear, stone, or otherwise molest, mutilate, injure, kill, destroy, or shoot with a firearm, crossbow, bow and arrow, or compressed air gun, any fish or shellfish or fish or shellfish parts for personal-use purposes, except:
(a) A person may use a dip net or club in the landing of fish taken by personal-use angling, unless otherwise provided; and a person may use a gaff in the landing of tuna, halibut and dogfish, and a harpoon in the landing of halibut, in all catch record card areas;
(b) A person may use a spear in underwater spear fishing, as provided in WAC ((220-56-160)) 220-310-130;
(c) A person may use a bow and arrow or spear to take carp or as provided by department rule;
(d) A person may snag herring, smelt, anchovies, pilchard, sand lance, and squid when using forage fish jigger gear or squid jigs; and
(e) A person may shoot halibut when landing them with a dip net, harpoon or gaff for personal use only.
(2) It is unlawful to possess fish or shellfish or parts of fish or shellfish taken using the unlawful methods described in subsection (1) of this section.
(3) It is unlawful to use a device that penetrates the body of a sturgeon under any circumstance, whether the sturgeon is legal to retain or not.
(4) Violation of this section is a gross misdemeanor punishable under RCW 77.15.370, Unlawful recreational fishing in the first degree—Penalty.
(5) It is unlawful to attempt acts that violate this section. Violation of this subsection is punishable under RCW 77.15.380, Unlawful recreational fishing in the second degree—Penalty.
AMENDATORY SECTION (Amending WSR 13-03-153, filed 1/23/13, effective 2/23/13)
WAC 220-20-118 General rules—Commercial fishery.
(1) It is unlawful for any person to possess any food fish or shellfish within the jurisdiction of the state of Washington, except in areas open to commercial fishing or where the possession of salmon or other food fish or shellfish for commercial purposes is permissible under state law or department rule.
(2) It is permissible to fish for, possess, process, and otherwise deal in food fish and fish offal or scrap for any purpose, except it is unlawful to use any of the following listed species for purposes other than human consumption or fishing bait:
(3) Violation of this section is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
AMENDATORY SECTION (Amending WSR 13-03-153, filed 1/23/13, effective 2/23/13)
WAC 220-20-121 Possession of food fish and shellfish—Identification—Commercial.
(1) It is unlawful to possess any food fish or shellfish in a condition where the species, length, weight, or sex cannot be determined if a species, species group or category, length, weight, or sex limit is prescribed for that species on a vessel engaging in commercial fishing or that has commercially caught fish aboard, except:
(a) It is permissible to possess fish or shellfish legally taken for commercial purposes, landed, and properly accounted for on a completed fish receiving ticket;
(b) It is permissible to possess, transport through the waters of the state, or land dressed sablefish;
(c) It is permissible to possess, transport through the waters of the Pacific Ocean, or land dressed salmon caught during a legal commercial salmon troll fishery, provided that frozen dressed Chinook salmon are 21 1/2 inches or more in length and frozen dressed coho salmon are 12 inches or more in length, measured from the midpoint of the clavicle arch to the fork of the tail;
(d) It is permissible to possess, transport through the waters of the Pacific Ocean, or land dressed halibut if allowed by International Pacific Halibut Commission (IPHC) rules and such fish meet any IPHC size requirements so long as halibut is landed with the heads still attached; and
(e) It is permissible to possess, transport through the waters of the Pacific Ocean, or land dressed lingcod when taken during a lawful commercial fishery.
(2) Violation of this section is a gross misdemeanor under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
(3) "Dressed fish" is defined as provided in WAC ((220-16-330)) 220-350-050.
AMENDATORY SECTION (Amending WSR 13-03-153, filed 1/23/13, effective 2/23/13)
WAC 220-20-124 Placing commercial gear in closed waters—Unlawful.
(1) It is unlawful to place any commercial food fish or shellfish gear in any waters closed to commercial fishing, except reef nets, brush weirs, or gear tested in accordance with WAC ((220-20-123)) 220-353-080 and under department supervision.
(2) It is unlawful to take, fish for, or possess food fish with any type of commercial fishing gear in the waters of Carr Inlet north of north latitude 47°20', from August 15 through November 30, except as provided in chapter ((220-47)) 220-354 WAC.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 11-14-003, filed 6/22/11, effective 7/23/11)
WAC 220-22-020 Coast, Willapa Harbor, Grays Harbor Salmon Management and Catch Reporting Areas.
(1) Area 1 shall include those waters within 3 nautical miles of the Oregon and Washington coasts north of a line projected true west from Tillamook Head (approximate latitude 45.94640 degrees N), westerly of a line projected from the inshore end of the north Columbia River jetty to the knuckle of the south Columbia River jetty, and south of a line projected true west from Leadbetter Point in Washington along latitude 46.63611 degrees N.
(2) Area 2 shall include those waters within 3 nautical miles of the Washington coast north of Area 1, westerly of a line projected from the southern tip (located at 46.72791 degrees N, 124.05848 degrees W) of the Jacobson Jetty near Washaway Beach due south to Leadbetter Point along longitude 124.05848 degrees W, westerly of a straight line projected from the Point Chehalis light northerly through the Coast Guard lookout tower to the shore near Point Brown, and south of a line projected true west from the Queets River mouth along latitude 47.53856 degrees N.
(3) Area 2A shall include those waters of Grays Harbor and the Chehalis River estuary upstream from the Highway 101 Bridge at Aberdeen to a line projected from the Lakeside Industries asphalt plant tower (located at 46.97908 degrees N, 123.78317 degrees W) at a right angle to the thread of the stream to the opposite shore.
(4) Area 2B shall include those waters of Grays Harbor lying easterly of Area 2, southerly of a line running from a fishing boundary marker located at the south end of the eastern jetty at the Ocean Shores Marina, thence to a fishing boundary marker (located at 46.96120 degrees N, 124.05575 degrees W) on Sand Island and thence to the tripod station (located at 46.98528 degrees N, 124.01195 degrees W) on Brackenridge Bluff, westerly of a line projected from the tripod station at Brackenridge Bluff southward through channel marker 8 in the south channel at the mouth of Johns River to the mainland, and northerly of the Bay City Bridge.
(5) Area 2C shall include those waters of Grays Harbor northerly of Area 2B, westerly of a line crossing the mouth of Grass Creek projected true north and south along longitude 124.01 degrees W, south and west of a line around the mouth of Chenois Creek starting at landfall at latitude 47.02661 degrees N projecting due west to longitude 124.03273 degrees W thence due north to landfall, and southwesterly of a line crossing the mouth of the Humptulips River projected westerly from the promontory located at 47.03236 degrees N, 124.04056 degrees W to landfall westerly of Campbell Slough at 47.04155 degrees N, 124.08274 degrees W.
(6) Area 2D shall include those waters of Grays Harbor and the Chehalis River estuary downstream of Area 2A, easterly of Area 2B, and westerly (downstream) of the Highway 105 Bridge on Johns River.
(7) Area 2K shall include those waters of Willapa Harbor easterly of a line running from the northern tip of Goose Point to the Bay Center Channel light (Fl G 4s 18ft) thence to the western tip of Stony Point, and westerly of the Highway 101 bridges over the Palix and Niawiakum rivers.
(8) Area 2M shall include those waters of Willapa Harbor lying southeasterly of a line running from Needle Point northwesterly to the Island Sands light (Fl 2+1 G 6s 15ft, located at 46.53860 degrees N, 123.97654 degrees W) thence southerly to Diamond Point, northerly and easterly of a line from Stanley Point to Paradise Point, and downstream and northwesterly of the Highway 101 Bridge over the Naselle River.
(9) Area 2N shall include those waters of Willapa Harbor lying south of a line projected due west from the northern tip of Goose Point to landfall on Leadbetter Point along latitude 46.63667 degrees N, northwesterly of a line projected from Needle Point 60 degrees true to landfall north of the North Nemah River at 46.52223 degrees N, 123.89603 degrees W, northerly of Area 2M and a line projected from the Island Sands light thence due west to landfall on the North Beach Peninsula.
(10) Area 2P shall include those waters of Willapa Harbor lying inside and southerly of a line projected from Diamond Point westerly through Marker 2 (Fl R 4s 15ft, located at 46.50165 degrees N, 124.02382 degrees W) at the Nahcotta Boat Basin (RF#2) thence southerly to the north end of the boat basin jetty, and northerly of a line projected true west from High Point (approximate latitude 47.40951 degrees N) to landfall on the North Beach Peninsula.
(11) Area 2R shall include those waters of Willapa Harbor lying westerly and southerly of Areas 2M and 2N, and northerly of a line projected from Diamond Point westerly through Marker 2 at the Nahcotta Boat Basin to landfall on the North Beach Peninsula.
(12) Area 2T shall include those waters of Willapa Harbor easterly of Area 2, northerly of Areas 2K and 2N, west of a line projecting true north and south through Range Marker "B" (located at 46.70938 degrees N, 123.85501 degrees W), southerly of a line running true west and east through a North River Channel marker located at 46.73510 degrees N, 123.911906 degrees W, and easterly of a line projected true north from Marker 3 (located at 46.70725 degrees N, 123.96608 degrees W) at the Tokeland Boat basin to landfall east of the Cedar River.
(13) Area 2U shall include those waters of Willapa Harbor and the Willapa River estuary easterly of Area 2T, downstream and westerly from the Hwy 101 Bridge in Raymond, and excluding all waters of the South Fork Willapa River above a line at its mouth projected from the ((Weyerhauser [Weyerhaeuser])) Weyerhaeuser chimney (located at 46.68927 degrees N, 123.74121 degrees W) southwesterly at a right angle to the thread of the stream to the opposite shore.
(14) Area 3 shall include those waters within 3 nautical miles of the Washington coast north of Area 2 and south of a line projected true west from Cape Alava along latitude 48.16667 degrees N.
(15) Area 4 shall include those waters within 3 nautical miles of the Washington coast north of Area 3, westerly of a line projected from the northern tip of Portage Head to the southern tip of Waatch Point, and westerly of the Bonilla-Tatoosh Line (WAC ((220-16-490)) 220-300-360).
(16) Area 4A shall include those waters easterly and inside of a line projected from the northern tip of Portage Head to the southern tip of Waatch Point, outside and westerly of the mouth of any river or stream flowing to the sea.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 78-05-067, filed 4/27/78)
WAC 220-24-010 Unlawful acts—Salmon possession and transport.
(1) It shall be unlawful for any person to possess in or transport through the waters of District No. 1 for commercial purposes any chinook salmon taken from said waters, or from the waters of the Pacific Ocean and District No. 2 during the period November 1 through April 30 of the following year and during the period June 16 through June 30, except as provided in WAC ((220-24-020)) 220-354-040.
(2) It shall be unlawful for any person to possess or transport through the waters of District No. 1 for commercial purposes any silver salmon taken from said waters, or from the waters of the Pacific Ocean and District No. 2 from November 1 through June 30 of the year following, except as provided in WAC ((220-24-020)) 220-354-040.
(3) It shall be unlawful for any person engaged in the business of canning, packing, processing, freezing, salting, smoking, kippering, preserving in ice, or otherwise involved in dealing in or curing any food fish or shellfish, or in the wholesale selling of food fish or shellfish for commercial purposes, to have in his possession within the boundaries of the state of Washington any fresh chinook salmon during the period November 1 through April 30, of the following year and during the period June 16 through June 30: Provided, That the provisions of this subsection shall not apply to chinook salmon lawfully taken from the concurrent waters of the Columbia River, or as otherwise provided.
(4) During the period May 1 through June 14, it shall be unlawful to take, fish for or possess salmon with troll gear for commercial purposes except with single, barbless hooks except on bait hooks and artificial salmon plugs. Bait hooks must have a natural bait attached as its primary attraction while fishing. Spoons, wobblers, dodgers and flexible plastic lures must have barbless hooks. For the purpose of this regulation, a single, barbless hook is defined as a hook with one primary point and no secondary points or barbs curving or projected in any opposite direction.
AMENDATORY SECTION (Amending WSR 01-13-006, filed 6/7/01, effective 7/8/01)
WAC 220-24-020 ((Lawful acts.)) Carriers—Transporting packaged salmon.
It shall be lawful for a common or contract carrier to transport during seasons in which the taking, catching, or possession of chinook or silver salmon is unlawful in the state of Washington or in waters over which the state of Washington has jurisdiction, an original package or packages containing either silver or chinook salmon which original package or packages both originate from and are destined for some other state, territory or foreign country: Provided, That for the purpose of this regulation the term "original package" shall mean a package from which fish cannot be extracted without an opening or breaking thereof and which is accompanied by documentary proof that the original point of shipment and the point of destination are another state, territory or foreign country: Provided further, That it shall be unlawful for any such carrier to open or break any such original package while the same is in his possession, except for the purpose of reicing: Provided further, That the waters of the Pacific Ocean shall not be considered a state, territory or foreign country.
AMENDATORY SECTION (Amending Order 77-31, filed 5/11/77)
WAC 220-24-030 Closed areas—Troll line gear.
(1) It shall be unlawful to take fish for or possess salmon, for commercial purposes, with troll line gear within a 3 nautical mile radius of the following river mouths during the times specified
(a) Quillayute River - May 1 to June 15
(b) Hoh River - May 1 to September 15
(c) Queets River - May 1 to September 15.
AMENDATORY SECTION (Amending WSR 01-13-006, filed 6/7/01, effective 7/8/01)
WAC 220-24-040 ((All-citizen)) Coastal salmon troll seasons—Commercial.
It is unlawful to fish for salmon with troll gear or to land salmon taken with troll gear into a Washington port except during the seasons provided for in this section.
(1) SMCRAs 1, 2, 3, and that portion of Area 4 west of 125°05'00" W longitude and south of 48°23'00" N latitude open May 1, 2001, and remain open through June 30, 2001, or until the chinook quota is taken. Unlawful to retain coho. No more than 4 spreads per line beginning June 1. Cape Flattery and Columbia River Control Zones closed.
(2) SMCRAs 2, 3, and that portion of Area 4 west of 125°05'00" W longitude and south of 48°23'00" N latitude open July 1, 2001, and remains open through July 27, 2001, or until the chinook or coho quotas have been taken. Unlawful to retain wild coho. Gear is restricted to plugs with a plug body length of six inches or greater, and no more than 4 spreads per line. Cape Flattery Control Zone closed.
(3) SMCRA 1 opens July 20, 2001, and remains open through September 30, 2001, or until the chinook or coho quotas have been taken. Unlawful to retain wild coho. Columbia River Commercial Control Zone closed.
(4) SMCRA 2 south of the Queets River opens July 28, 2001 or upon closure of the fishery provided for in subsection (2) of this section, and remains open concurrent with the fishery provided for in subsection (3) of this section.
(5) In all fisheries provided for in this section, chinook minimum size 28 inches and coho minimum size 16 inches. No minimum size for pink, sockeye or chum salmon.
(6) Lawful troll gear is restricted to single point, single shank barbless hooks.
(7) It is unlawful for any fisher taking salmon north of the Queets River to fail to land the salmon north of the Queets River and west of Sekiu, or to fail to notify the department before leaving the area. Notification must be made by calling the department at 360-902-2739, and reporting the name of fisher and boat, the area fished, the day leaving the area, and the port of destination.
(8) Fishers must land and deliver their catch within 24 hours of any closure of a fishery provided for in this section, and must land within the SMCRA fished, or within an adjacent SMCRA closed to all-citizen troll fishing.
(9) The Cape Flattery Commercial Control Zone is defined as the area from Cape Flattery (48°23'00" N latitude) to the northern boundary of the U.S. EEZ; and the area from Cape Flattery south to Cape Alava, 48°10'00" N latitude and west of 125°05'00" W longitude.
(10) The Columbia River Commercial Control Zone is defined as an area at the Columbia River mouth, bounded on the west by a line running northeast/southwest between the red lighted Buoy #4 (46°13'35" N. latitude, 124°06'50" W. longitude) and the green lighted Buoy #7 (46°15'09" N. latitude, 124°06'16" W. longitude); on the east, by the Buoy #10 line which bears north/south at 357° true from the south jetty at 46°14'00" N. latitude, 124°03'07" W. longitude to its intersection with the north jetty; on the north, by a line running northeast/southwest between the green lighted Buoy #7 to the tip of the north jetty (46°14'48" N. latitude, 124°05'20" W. longitude) and then along the north jetty to the point of intersection with the Buoy #10 line; and, on the south, by a line running northeast/southwest between the red lighted Buoy #4 and tip of the south jetty (46°14'03" N. latitude, 124°04'05" W. longitude), and then along the south jetty to the point of intersection with the Buoy #10 line.
(11) Vessels intending to land their catch taken south of Cape Falcon into a Washington port must notify WDFW before traveling north of Cape Falcon by calling 360-902-2181 and report the name of the vessel, the intended port of landing, the estimated time and date of arrival and the catch aboard.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 85-18-027, filed 8/27/85)
WAC 220-32-055 Off-reservation Indian subsistence fishing.
(1) It is unlawful for any person, including treaty Indian fishermen, to take, fish for, or possess salmon or other food fish for subsistence purposes except in accordance with the provisions of this section.
(2) It is lawful for individuals possessing treaty fishing rights pursuant to the Yakima Treaty, the Warm Springs Treaty, the Umatilla Treaty, and the Nez Perce Treaty to fish for food fish for subsistence family-use purposes subject to the following provisions:
(a) Such fishing is permitted year-round in the following areas: That area of the mainstem Columbia River from a line between a marker on the Washington shore and a marker on the Oregon shore, such line located approximately one-half mile upstream from the mouth of Eagle Creek, upstream to a point at the four-second flashing light #67 approximately 1/2 mile downstream of the Dalles Bridge; that area of the mainstem Columbia River from a point 200 feet above the Dalles Dam fishway exit upstream to a point 600 feet downstream of the John Day Dam fishway entrance; that area of the mainstem Columbia River from a point 200 feet above the John Day Dam fishway exit upstream to a point at the downstream end of the wingwall of the McNary Dam boat lock; that area of Columbia River from a point 200 feet above the McNary Dam fishway exit upstream to the Highway 12 bridge; excluding those areas within 1/4 mile radius of the mouth of Wind River, Little White Salmon River (Drano Lake), Klickitat River, and Spring Creek Hatchery fishway entrance.
(b) Lawful fishing gear by treaty Indians in the above-designated area includes dip nets and bag nets of a mesh size not exceeding 5 inches attached to a hoop 24 feet or less in circumference, spear, gaff, club, and foul hook.
(c) It is lawful to use sport angling gear in places and at times allowed under chapter ((220-56)) 220-310 WAC series for treaty Indian subsistence purposes.
(d) It is unlawful to use drift gillnets or set gillnets for treaty Indian subsistence fishing in the mainstem of the Columbia River except as authorized by the director of the department of ((fisheries)) fish and wildlife under the provisions of WAC ((220-32-060)) 220-359-110.
(e) It is unlawful to use gillnets, set nets, hoop nets, dip or bag nets with a mesh size exceeding 5 inches, set lines, or any other type of fishing gear not otherwise specifically authorized except during times and in areas where such gear is authorized for commercial fishing purposes.
(3) In accordance with RCW ((75.08.265)) 77.12.453, it is lawful for the following Wanapum Indians to take, fish for, and possess food fish for subsistence purposes in the vicinity of Priest Rapids Dam in specified areas at specified times using specified gear authorized by the director of the department of ((fisheries)) fish and wildlife. The individuals designated below may be revised from time to time by agreement between the Wanapum Indians and the director of the department of ((fisheries)) fish and wildlife:
The following provisions apply to this fishery:
(a) It is unlawful to fish at any time, place, or using gear other than that designated by the director of the department of ((fisheries)) fish and wildlife and authorized by regulation.
(b) It is unlawful for Wanapum Indian fishermen to fail to report, in writing, their total catch to the department of ((fisheries)) fish and wildlife within five days of the end of fishing activity under subsection (3)(a) of this section.
(c) Should any Wanapum Indian be convicted of violating the provisions of this section, or sell, barter, or attempt or sell or barter any fish taken in this fishery or any treaty Indian fishery, that fishermen will be ineligible to further participate in the Wanapum Indian subsistence fishery unless otherwise determined by the director of the department of ((fisheries)) fish and wildlife.
(4) It is unlawful to sell, barter, or offer for sale or barter, buy, or for a commercially licensed buyer or wholesale fish dealer to have in possession food fish taken in an Indian subsistence fishery under the provisions of subsections (2) and (3) of this section.
(5) It is unlawful for fishermen participating in an Indian subsistence fishery to fail to submit their catch to department of ((fisheries)) fish and wildlife employees for the conduct of biological sampling or to fail to allow necessary biological samples to be taken.
AMENDATORY SECTION (Amending WSR 09-18-070, filed 8/28/09, effective 9/28/09)
WAC 220-32-057 Season—Sturgeon.
(1) It is unlawful to take, fish for or possess sturgeon taken for commercial purposes in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H except individuals possessing treaty fishing rights pursuant to the Yakima, Warm Springs, Umatilla, and Nez Perce treaties may fish for sturgeon with setline gear from January 1 through January 31, and during seasons opened under emergency rule by the department and as provided in this section.
(2) During the open season, it is unlawful to:
(a) Retain for commercial or subsistence purposes sturgeon less than 38 inches in fork length or greater than 54 inches in fork length in Columbia River Salmon Management and Catch Reporting Area (SMCRA) 1F. It is unlawful to retain for commercial or subsistence purposes sturgeon less than 43 inches in fork length or greater than 54 inches in fork length in Columbia River SMCRAs 1G and 1H;
(b) Sell, barter, or attempt to sell or barter sturgeon eggs that have been removed from the body cavity of a sturgeon prior to the sale of the sturgeon to a wholesale dealer licensed under chapter ((75.28)) 77.65 RCW, or to sell or barter sturgeon eggs at retail; or
(c) Deliver to a wholesale dealer licensed under chapter ((75.28)) 77.65 RCW any sturgeon that are not in the round with the head and tail intact.
(3) Gear:
(a) Maximum 100 hooks per setline;
(b) Minimum hook size 9/0;
(c) Treble hooks prohibited; and
(d) Visible buoys required, with operator name and tribal identification clearly marked on the buoy.
AMENDATORY SECTION (Amending Order 77-14, filed 4/15/77)
WAC 220-32-059 Unlawful provision—Salmon.
It shall be unlawful to take, fish for or possess salmon taken for commercial purposes in or from the waters of the Klickitat River between the swinging bridge, approximately one- and one-half miles upstream, and a monument located in Section 25, Township 3N, Range 12E, a distance of 25 feet downstream from the entrance to the upper Klickitat Falls Fishway (No. 5), except during the lawful seasons, times, and manners as provided for such fishing in Columbia River Salmon Management and Catch Reporting Areas 1F, 1G, and 1H under WAC ((220-32-051 and 220-32-052)) 220-359-020 and 220-359-030.
AMENDATORY SECTION (Amending Order 1043, filed 2/22/73)
WAC 220-32-060 Columbia River—Columbia River off-reservation treaty Indian ceremonial fishing.
(1) It shall be unlawful for any Indian or group of Indians to conduct ceremonial fishing on the Washington side of the Columbia River or in Washington Columbia River tributaries outside of an Indian reservation without first providing at least one week advance written notification to the director of the Washington state department of ((fisheries)) fish and wildlife, including all of the following information:
(a) Name, place, and time of ceremony for which fish will be used.
(b) Name of individuals and helpers who will be fishing and transporting fish. Only these individuals will be allowed to fish on the occasion covered by the notice.
(c) Exact location(s) of fishing and the amount of gear to be used at each location.
(d) Exact beginning and ending dates of ceremonial fishing.
(e) Type of gear to be used in ceremonial fishing.
(f) Estimated number of pounds of fish needed for ceremonial fishing.
(g) If fish are to be stored prior to a ceremony, the location of storage must be identified. If they are not to be stored, it must be so indicated.
(h) The signature of the designated tribal official certified to the Washington department of ((fisheries)) fish and wildlife in advance.
(2) It shall be unlawful to:
(a) Fish for ceremonial purposes with commercial fishing gear except in those areas where such fishing gear is authorized for commercial fishing.
(b) Engage in ceremonial fishing during any portion of a week within a commercial fishing season which is closed to commercial fishing.
(c) Sell or barter, offer for sale or barter, buy, or for a commercial licensed fish buyer or wholesale fish dealer to have in his possession fish taken for ceremonial purposes.
(d) Engage in ceremonial fishing unless done in compliance with all provisions contained in the advance notice to the department of ((fisheries)) fish and wildlife of the state of Washington.
(3) Any individual engaged in ceremonial fishing must have in his possession a signed copy or duplicate copy of the written tribal notification to the director of the Washington state department of ((fisheries)) fish and wildlife that such fishing is to be conducted.
(4) All fishing gear shall be marked and identified at all times while fishing for ceremonial purposes.
(5) A record of the numbers of fish taken for ceremonial purposes will be made and sent promptly to the director of the Washington state department of ((fisheries)) fish and wildlife upon conclusion of each ceremonial fishing activity.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 07-21-128, filed 10/23/07, effective 11/23/07)
WAC 220-33-001 General provision—Commercial fishing regulated.
(1) It is unlawful to fish for food fish in the lower Columbia River for commercial purposes or to possess food fish taken from those waters for commercial purposes, except as provided in this chapter.
(2) In the Columbia River downstream of Bonneville Dam and in the select areas (described in WAC ((220-22-010)) 220-301-010), it shall be lawful to have onboard a commercial fishing vessel more than one licensed net, each of the lawful size or length prescribed for a single net as long as the net or nets are of legal size for the fishery, or the net or nets has a minimum mesh size of 9 inches, and the length of any one net does not exceed 1,500 feet in length.
(a) When specifically authorized by the director, nets not lawful for use at that time and area may be onboard the boat if properly stored.
(b) A properly stored net is defined as a net on a drum that is fully covered by tarp (canvass or plastic) and bound with a minimum of ten revolutions of rope with a diameter of 3/8 (0.375) inches or greater.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 10-12-061, filed 5/27/10, effective 6/27/10)
WAC 220-36-015 Grays Harbor salmon—Gillnet gear((—Grays Harbor)) specifications.
It is unlawful to fish for food fish in Grays Harbor for commercial purposes with gillnet gear, or to possess food fish taken from those waters with gillnet gear, unless:
(1) The gillnet does not exceed 1,500 feet in length along the cork line; and
(2) Except as otherwise provided in this chapter, the mesh size of the gillnet is not less than 5 inches or greater than 6-1/2 inches stretch measure.
AMENDATORY SECTION (Amending WSR 10-12-061, filed 5/27/10, effective 6/27/10)
WAC 220-36-020 Grays Harbor salmon ((fishing—Lawful)) gear.
It shall be unlawful to take, fish for, or possess salmon taken for commercial purposes in Grays Harbor fishing areas, with the exception of salmon taken with gillnet gear as provided for in this chapter.
AMENDATORY SECTION (Amending WSR 10-12-061, filed 5/27/10, effective 6/27/10)
WAC 220-36-021 Grays Harbor salmon—((Grays Harbor—))Summer fishery.
From July 5 through August 15, it is unlawful to fish for salmon in Grays Harbor for commercial purposes or to possess salmon taken from those waters for commercial purposes.
AMENDATORY SECTION (Amending WSR 16-19-010, filed 9/8/16, effective 10/9/16)
WAC 220-36-023 Grays Harbor salmon((—Grays Harbor)) fall fishery.
From August 16 through December 31 of each year, it is unlawful to fish for salmon in Grays Harbor for commercial purposes or to possess salmon taken from those waters for commercial purposes, except that:
Fishing periods:
(1) Gillnet gear may be used to fish for Chinook, coho, and chum salmon, and shad as provided in this section and in the times and area identified in the chart below.
Gear:
(2) Gear restrictions:
(a) It is permissible to have on board a commercial vessel more than one net, provided that the length of any one net does not exceed one thousand five hundred feet in length. Nets not specifically authorized for use in this fishery may be onboard the vessel if properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope that is 3/8 (0.375) inches in diameter or greater.
(b) Areas 2A and 2D from October 1 through November 30: Gillnet gear only.
(i) It is unlawful to use set net gear.
(ii) It is unlawful to utilize any object, except the vessel deploying the gear, to impede a gillnet or its attached line or float from drifting.
(iii) Mesh size must not exceed six and one-half inch maximum. Nets may be no more than fifty-five meshes deep.
(iv) It is unlawful to use a gillnet to fish for salmon if the lead line weighs more than two pounds per fathom of net as measured on the cork line. The lead line must not rest on the bottom in such a manner as to prevent the net from drifting. It is permissible to have a gillnet with a lead line weighing more than two pounds per fathom aboard a vessel when the vessel is fishing in or transiting through Grays Harbor.
(c) Area 2C from October 1 through November 30: Gillnet gear only.
(i) It is unlawful to use set net gear.
(ii) It is unlawful to utilize any object, except the vessel deploying the gear, to impede a gillnet or its attached line or float from drifting.
(iii) Mesh size must not exceed nine inches.
(iv) It is unlawful to use a gillnet to fish for salmon if the lead line weighs more than two pounds per fathom of net as measured on the cork line. The lead line must not rest on the bottom in such a manner as to prevent the net from drifting. It is permissible to have a gillnet with a lead line weighing more than two pounds per fathom aboard a vessel when the vessel is fishing in or transiting through Grays Harbor.
Other:
(3) Recovery boxes and soak times:
(a) Each boat must have two operable recovery boxes or one box with two chambers on board when fishing Areas 2A, 2C, and 2D.
(i) Each box and chamber must be operating during any time the net is being retrieved or picked and any time a fish is being held in accordance with (b) and (c) of this subsection. The flow in the recovery box must be a minimum of 16 gallons per minute in each chamber of the box, not to exceed 20 gallons per minute.
(ii) Each chamber of the recovery box must meet the following dimensions as measured from within the box:
(A) The inside length measurement must be at or within 39-1/2 inches to 48 inches;
(B) The inside width measurements must be at or within 8 to 10 inches; and
(C) The inside height measurement must be at or within 14 to 16 inches.
(iii) Each chamber of the recovery box must include a water inlet hole between 3/4 inch and 1 inch in diameter, centered horizontally across the door or wall of the chamber and 1-3/4 inches from the floor of the chamber. Each chamber of the recovery box must include a water outlet hole opposite the inflow that is at least 1-1/2 inches in diameter. The center of the outlet hole must be located a minimum of 12 inches above the floor of the box or chamber. The fisher must demonstrate to department employees, fish and wildlife enforcement officers, or other peace officers, upon request, that the pumping system is delivering the proper volume of fresh river or fresh bay water into each chamber.
(b) When fishing in Grays Harbor Areas 2A and 2D, all steelhead and wild (unmarked) Chinook must be placed in an operating recovery box which meets the requirements in (a) of this subsection prior to being released to the river/bay as set forth in (d) of this subsection.
(c) When fishing in Grays Harbor Area 2C, all steelhead must be placed in an operating recovery box which meets the requirements in (a) of this subsection prior to being released to the river/bay as set forth in (d) of this subsection.
(d) All fish placed in recovery boxes must remain until they are not lethargic and not bleeding and must be released to the river or bay prior to landing or docking.
(e) For Areas 2A and 2D, soak time must not exceed 45 minutes. Soak time is defined as the time elapsed from when the first of the gillnet web is deployed into the water until the gillnet web is fully retrieved from the water.
(4) Retention of any species other than coho, chum, hatchery Chinook marked by a healed scar at the site of the adipose fin, or shad is prohibited in Areas 2A and 2D from October 1 through November 30.
(5) Retention of any species other than Chinook, chum, coho or shad, is prohibited in Area 2C from October 1 through November 30.
(6) Quick reporting is required for wholesale dealers and fishers retailing their catch under a "direct retail endorsement." According to WAC ((220-69-240(14))) 220-352-180, reports must be made by 10:00 a.m. the day following landing.
(7) Report all encounters of green sturgeon to the quick reporting office via phone at 866-791-1280, fax at 360-249-1229, or e-mail at harborfishtickets@dfw.wa.gov. Fishers may have wholesale dealers use the "buyer only" portion of the fish ticket and include encounters with each day's quick reporting.
(8) Do NOT remove tags from white or green sturgeon. Please obtain available information from tags without removing tags. Submit tag information to:
Washington Department of Fish and Wildlife
48 Devonshire Rd.
Montesano, WA 98563.
(9)(a) Fishers must take department observers, if requested, by department staff when participating in these openings.
(b) Fishers also must provide notice of intent to participate by contacting Quick Reporting by phone, fax or e-mail. Notice of intent must be given prior to 12:00 p.m. on October 1, for openings in Areas 2A, 2C, or 2D.
(10) It is unlawful to fish for salmon with tangle net or gillnet gear in Areas 2A, 2C, and 2D unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and has in his or her possession a department-issued certification card.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 89-16-056, filed 7/28/89, effective 8/28/89)
WAC 220-40-015 Willapa Bay salmon—Gillnet gear specifications.
It is unlawful to fish for food fish in Willapa Bay for commercial purposes with gillnet gear or to possess food fish taken from those waters with gillnet gear unless:
(1) The gillnet does not exceed 1,500 feet in length along the cork line; and
(2) Except as otherwise provided in this chapter, the mesh size of the gillnet is not less than 5 inches or greater than 6-1/2 inches stretch measure.
AMENDATORY SECTION (Amending WSR 10-12-061, filed 5/27/10, effective 6/27/10)
WAC 220-40-020 Willapa Bay salmon—Seasons and lawful gear((—Salmon)).
It is unlawful to take, fish for, or possess salmon taken for commercial purposes in Willapa Bay fishing areas, with the exception of salmon taken with gillnet gear as provided for in this chapter.
AMENDATORY SECTION (Amending WSR 16-15-029, filed 7/12/16, effective 8/12/16)
WAC 220-40-027 Willapa Bay salmon((—Willapa Bay)) fall fishery.
From August 16 through December 31 of each year, it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes, except that:
Fishing periods:
(1) Gillnet gear may be used to fish for coho salmon, chum salmon, and Chinook salmon:
Gear:
(2) Gillnet gear restrictions - All areas:
(a) Drift gillnet gear only. It is unlawful to use set net gear.
(b) It is permissible to have on board a commercial vessel more than one net, provided the nets are of a mesh size that is legal for the fishery, and the length of any one net does not exceed one thousand five hundred feet in length.
(c) It is unlawful to use a gillnet to fish for salmon if the lead line weighs more than two pounds per fathom of net as measured on the cork line.
(d) It is permissible to have a gillnet with a lead line weighing more than two pounds per fathom aboard a vessel when the vessel is fishing in or transiting through Willapa Bay, provided the net is properly stored. A properly stored net is defined as a net on a drum that is fully covered by a tarp (canvas or plastic) and bound with a minimum of ten revolutions of rope that is 3/8 (0.375) inches or greater.
(e) From 12:01 a.m. September 6 through November 30: Mesh size must not exceed six and one-half inches stretched, except mesh size must not exceed four and one-quarter inches stretched in Areas 2M, 2N, 2R on September 6, 7, and 8 and in Area 2U on September 16, 19, 20, 21, 22, 23, 27, 28, 29, 30, October 1, 3, 4, 5, 6, 9, 10, 11, 12, 13, and 14.
Other:
(3) Recovery boxes and soak time limits described in this section are required from 12:01 a.m. September 6 through 11:59 p.m. October 14:
(a) Each boat must have two operable recovery boxes or one box with two chambers on board when fishing in Willapa Bay Areas 2M, 2N, 2R, 2T, and 2U.
(i) Each box and chamber must be operating during any time the net is being retrieved or picked. The flow in the recovery box must be a minimum of 16 gallons per minute in each chamber of the box, not to exceed 20 gallons per minute.
(ii) Each chamber of the recovery box must meet the following dimensions as measured from within the box:
(A) The inside length measurement must be at or within 39-1/2 inches to 48 inches;
(B) The inside width measurements must be at or within 8 to 10 inches; and
(C) The inside height measurement must be at or within 14 to 16 inches.
(iii) Each chamber of the recovery box must include a water inlet hole between 3/4 inch and 1 inch in diameter, centered horizontally across the door or wall of the chamber and 1-3/4 inches from the floor of the chamber. Each chamber of the recovery box must include a water outlet hole opposite the inflow that is at least 1-1/2 inches in diameter. The center of the outlet hole must be located a minimum of 12 inches above the floor of the box or chamber. The fisher must demonstrate to department employees, fish and wildlife enforcement officers, or other peace officers, upon request, that the pumping system is delivering the proper volume of fresh river/bay water into each chamber.
(b) All steelhead and wild (unmarked) Chinook must be placed in an operating recovery box, which meets the requirements in (a) of this subsection prior to being released to the river/bay as set forth in (c) of this subsection. From September 6 through October 1, all chum must be placed in an operating recovery box which meets the requirements in (a) of this subsection prior to being released to the river/bay as set forth in (c) of this subsection.
(c) All fish placed in recovery boxes must remain until they are not lethargic and not bleeding and must be released to the river/bay prior to landing or docking.
(d) Soak time must not exceed 45 minutes. Soak time is defined as the time elapsed from when the first of the gillnet web is deployed into the water until the gillnet web is fully retrieved from the water.
(4) Quick reporting is required for wholesale dealers and fishers retailing their catch under a "direct retail endorsement." According to WAC ((220-69-240)) 220-352-180(14), reports must be made by 10:00 a.m. the day following landing.
(5) Retention prohibitions:
(a) All green and white sturgeon and all steelhead, except as provided in subsection (3) of this section, must be handled with care to minimize injury to the fish and must be released immediately to the river/bay.
(b) Retention of any species other than coho salmon, chum salmon, or Chinook is prohibited.
(c) From 12:01 a.m. September 6 through 11:59 p.m. October 1, retention of any species other than coho salmon or hatchery Chinook marked by a healed scar at the site of the adipose fin is prohibited.
(d) From 12:01 a.m October 2 through 11:59 p.m. October 14, retention of any species other than coho salmon, chum salmon, or hatchery Chinook marked by a healed scar at the site of the adipose fin is prohibited.
(6) Report ALL encounters of green sturgeon, steelhead, and wild (unmarked) Chinook (your name, date of encounter, and number of species encountered) to the quick reporting office via phone at 866-791-1280, fax at 360-249-1229, or e-mail at harborfishtickets@dfw.wa.gov. Fishers may have wholesale dealers use the "buyer only" portion of the fish ticket and have encounters included with each day's quick reporting.
(7) Do NOT remove tags from white sturgeon. Please obtain available information from tags without removing tags. Submit tag information to the Washington Department of Fish and Wildlife, 48 Devonshire Rd., Montesano, WA 98563.
(8) Those waters of Area 2T north of a line from Toke Point channel marker 3 easterly through Willapa Harbor channel marker 13 (green), then northeasterly to the power transmission pole located at 46°43.1907'N, 123°50.83134'W are CLOSED from 6:00 a.m. September 16, 2016 through 11:59 p.m., September 30, 2016.
(9) It is unlawful to fish with gillnet gear in Areas 2M, 2N, 2R, 2T, and 2U unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and has in their possession a department-issued certification card.
(10) Fishers must take department observers if requested by department staff when participating in these openings. Fishers also must provide notice of intent to participate by contacting quick reporting by phone, fax or e-mail. Notice of intent must be given prior to 12:00 p.m. on September 1.
AMENDATORY SECTION (Amending WSR 07-21-128, filed 10/23/07, effective 11/23/07)
WAC 220-40-031 Willapa Bay—Seasons and ((lawful)) gear—Sturgeon.
It is unlawful to fish for or possess sturgeon taken for commercial purposes from Marine Fish-Shellfish Management and Catch Reporting Area 60C except at those times and with such gear as provided by emergency rule of the director, and subject to the provisions of this section:
It is unlawful to take sturgeon by angling from any vessel that is engaged in commercial sturgeon fishing, has been engaged in commercial sturgeon fishing that same day, or has commercially caught sturgeon aboard.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 07-23-002, filed 11/7/07, effective 12/8/07)
WAC 220-44-030 Coastal bottomfish gear.
(1)(a) It is unlawful to take, fish for, possess, transport through the waters of the state, or land in any Washington state ports, bottomfish taken for commercial purposes in violation of gear requirements published in the Code of Federal Regulations (C.F.R.), Title 50, Part 660, Subpart G. This subpart provides requirements for commercial groundfish fishing in the Pacific Ocean. Additional regulations may be listed in the Federal Register, and these override the C.F.R. if there are any inconsistencies. Prior to using coastal bottomfish gear, a person must consult both the Federal Register and the C.F.R.. This chapter, chapter ((220-44)) 220-355 WAC, adopts the federal regulations imposed by the C.F.R. and the Federal Register, and it incorporates those regulations by reference. Where rules refer to the fishery management area, that area is extended to include Washington state waters coterminous with the Exclusive Economic Zone. A copy of the federal rules may be obtained by ((contacting Lori Preuss at 360-902-2930, or)) going on the internet at www.pcouncil.org. State regulations may apply that are more restrictive than federal regulations.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.520.
(2) Otter trawl and beam trawl.
(a) It is unlawful to use, operate, or carry aboard any fishing vessel otter trawl gear having meshes measuring less than 3 inches anywhere in the net.
(b) It is unlawful to use or operate any bottom roller or bobbin trawl having meshes less than 4.5 inches anywhere in the net. Rollers, bobbins, or discs used in roller or bobbin trawls must be a minimum of 14 inches in diameter.
(c) It is unlawful to use or operate a pelagic trawl with meshes less than 3.0 inches anywhere in the net. Footropes of pelagic trawls must be less than 1.75 inches in diameter, including twine necessary for seizing material. Sweep lines, including the bottom leg of the bridle, must be bare.
(d) It is unlawful to use or operate a pelagic trawl net unless bare rope or webbing with an individual mesh size no smaller than 16 inches completely encircles the net immediately behind the footrope or headrope for at least 20 feet. A band of mesh may encircle the net under transfer cables, or lifting or splitting straps (chokers), but the band must be: Over riblines and restraining straps; of the same mesh size, and coincide knot-to-knot with the net to which it is attached; and no wider than 16 meshes.
(e) It is unlawful to use or operate a trawl net that has chafing gear encircling more than 50 percent of the circumference of any bottom, roller, bobbin, or pelagic trawl, except as specified in (d) of this subsection. No section of chafing gear may be longer than 50 meshes of the body of the net to which it is attached. Except at the corners, the terminal end of each section of chafing gear must not be connected to the net. Chafing gear must be attached outside any rib lines and restraining straps. There is no limit on the number of sections of chafing gear on a net.
(f) It is unlawful to use double-wall cod ends in any trawl gear.
(g) Licensing: A food fish trawl, non-Puget Sound fishery license is the license required to operate the gear provided for in this section. Additionally, a federal limited entry permit is required in Areas 59A-1, 59A-2, 59B, 60A-1, and 60A-2, and that portion of Area 58B within the Exclusive Economic Zone.
(h) Violation of licensing requirements under this subsection is punishable pursuant to RCW 77.15.500.
(i) Violation of gear requirements under this subsection is punishable pursuant to RCW 77.15.520.
(3) Set lines.
(a) It is unlawful for the operator of set lines to leave such gear unattended, unless the following requirements are met:
(i) Gear must be marked with a buoy. The buoy must have affixed to it in a visible and legible manner a department-approved and registered buoy brand issued to the licensee. Set lines must also be marked at the surface at each terminal end with a pole and flag, light, and radar reflector.
(ii) Buoys affixed to unattended gear must be visible on the surface of the water except during strong tidal flow or extreme weather conditions.
(iii) Set lines must be attended to no less than every seven days.
(b) Licensing: A food fish set line fishery license is the license required to operate the gear provided for in this section.
(c) Violation of licensing requirements under this subsection is punishable pursuant to RCW 77.15.500.
(4) Bottomfish pots.
(a) It is unlawful for the operator of bottomfish pots to leave such gear unattended, unless ((unless)) the following requirements are met:
(i) Gear must be marked with a buoy. The buoy must have affixed to it, in a visible and legible manner, a department-approved and registered buoy brand issued to the licensee.
(ii) Bottomfish pots laid on a ground line must be marked at the surface with a pole and a flag, light, and radar reflector at each terminal end.
(iii) Buoys affixed to unattended gear must be visible on the surface of the water except during strong tidal flow or extreme weather conditions.
(iv) Bottomfish pots must be attended to no less than every seven days.
(b) Licensing: A bottomfish pot fishery license is the license required to operate the gear provided for in this section.
(c) Violation of licensing requirements under this subsection is punishable pursuant to RCW 77.15.500.
(5) Commercial jig gear.
(a) Licensing: A bottomfish jig fishery license is the license required to operate the gear provided for in this section.
(b) Violation of licensing requirements under this subsection is punishable pursuant to RCW 77.15.500.
(6) Troll lines.
(a) Licensing: A bottomfish troll fishery license is the license required to operate the gear provided for in this section.
(b) Violation of licensing requirements under this subsection is punishable pursuant to RCW 77.15.500.
AMENDATORY SECTION (Amending WSR 09-01-178, filed 12/23/08, effective 1/23/09)
WAC 220-44-035 Highly migratory species fisheries—Possession and landing requirements—Gear restriction.
(1) It is unlawful to possess, transport through the waters of the state, or land into any Washington port, highly migratory species taken in violation of any permit or data collection requirements as published in the Code of Federal Regulations (C.F.R.), Title 50, Part 660, Subpart K. These federal regulations provide the requirements for highly migratory species fisheries in the Pacific Ocean. There may be additional regulations listed in the Federal Register, and these override the regulations in the C.F.R. if there are any inconsistencies between the two. Chapter ((220-44)) 220-355 WAC incorporates the C.F.R. by reference and is based, in part, on the C.F.R. Where rules refer to the fishery management area, that area is extended to include Washington state waters coterminous with the Exclusive Economic Zone. A copy of the federal rules may be obtained by ((contacting Lori Preuss at 360-902-2930, or)) the internet at www.pcouncil.org. State regulations may apply that are more restrictive than federal regulations.
(2) Except as authorized under the federal rules referenced in this subsection, it is unlawful to use drift gillnet gear in state and offshore waters west of the Bonilla-Tatoosh line, north of the Washington-Oregon boundary, and south of the United States-Canada boundary.
(3) Violation of reporting requirements under this section is punishable pursuant to RCW 77.15.280.
(4) Violation of gear requirements under this section is punishable pursuant to RCW 77.15.520.
AMENDATORY SECTION (Amending WSR 07-23-002, filed 11/7/07, effective 12/8/07)
WAC 220-44-040 Coastal bottomfishing areas and seasons.
(1)(a) It is unlawful to possess, transport through the waters of the state, or land in any Washington state port bottomfish in violation of any area or time closure or requirement as published in the Code of Federal Regulations (C.F.R.), Title 50, Part 660, Subpart G. These federal regulations provide the requirements for commercial groundfish fishing in the Pacific Ocean. There may be additional regulations listed in the Federal Register, and these override the regulations in the C.F.R. if there are any inconsistencies between the two. Chapter ((220-44)) 220-355 WAC incorporates the C.F.R. by reference and is based, in part, on the C.F.R. Where rules refer to the fishery management area, that area is extended to include Washington state waters coterminous with the Exclusive Economic Zone. A copy of the federal rules may be obtained by ((contacting Lori Preuss at 360-902-2930, or)) the internet at www.pcouncil.org. State regulations may apply that are more restrictive than federal regulations.
(b) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
(2)(a) It is unlawful to use otter trawl or beam trawl gear in state territorial waters (0-3 miles) within Areas 58B, 59A-1, 59A-2, 59B, 60A-1 or 60A-2.
(b) Violation of gear requirements under this subsection is punishable pursuant to RCW 77.15.520.
(3)(a) It is unlawful for vessels using trawl gear to take and retain or possess groundfish within the trawl Rockfish Conservation Area (RCA) or Essential Fish Habitat (EFH) zones, except that:
(i) Trawl gear vessels may transit though the trawl RCA or EFH zones with groundfish onboard, as long as the vessel does not fish for any species within the RCA or EFH zone on the same trip; and
(ii) The activity is otherwise authorized under federal regulations.
(b) For purposes of this section, "trawl RCA and EFH zones" means those areas and boundaries defined as "trawl RCA" or "EFH zone" in the Code of Federal Regulations (C.F.R.), Title 50, Part 600, Subpart G. The C.F.R. lists the requirements for commercial groundfish fishing in the Pacific Ocean. Additional regulations may be enacted and listed in the Federal Register, and these regulations override those in the C.F.R. if there are any inconsistencies between the two.
(c) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
(4)(a) It is unlawful for vessels using nontrawl gear to take and retain or possess groundfish within the nontrawl Rockfish Conservation Area (RCA), or to land such fish, except that:
(i) Nontrawl gear vessels may travel through the nontrawl RCA with groundfish onboard as long as the vessel does not fish for any species within the RCA on the same trip; and
(ii) The activity is otherwise authorized under federal regulations.
(b) For purposes of this section, "nontrawl RCA" means those areas and boundaries defined as "nontrawl RCA" in the Code of Federal Regulations (C.F.R.), Title 50, Part 600, Subpart G. The C.F.R. lists the requirements for commercial groundfish fishing in the Pacific Ocean. Additional regulations may be enacted and listed in the Federal Register, and these supersede the federal regulations in the C.F.R. if there are any inconsistencies between the two.
(c) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
(5)(a) It is unlawful to use set line gear in state territorial waters (0-3 miles) within Areas 58B, 59A-1, 59A-2, 59B, 60A-1 and 60A-2, and in that portion of Area 58B within the Exclusive Economic Zone.
(b) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
(6)(a) It is unlawful to use bottomfish pots in state territorial waters (0-3 miles) within Areas 58B, 59A-1, 59A-2, 59B, 60A-1 and 60A-2, and in that portion of Area 58B within the Exclusive Economic Zone.
(b) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
(7)(a) It is unlawful to use commercial jig gear in state territorial waters (0-3 miles) within Areas 58B, 59A-1, 59A-2, 59B, 60A-1 and 60A-2, and in that portion of Area 58B within the Exclusive Economic Zone.
(b) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
(8)(a) It is unlawful to use bottomfish troll gear in state territorial waters (0-3 miles) within Areas 58B, 59A-1, 59A-2, 59B, 60A-1 and 60A-2, and in that portion of Area 58B within the Exclusive Economic Zone.
(b) Violation of catch requirements under this subsection is punishable pursuant to RCW 77.15.550.
AMENDATORY SECTION (Amending WSR 07-23-002, filed 11/7/07, effective 12/8/07)
WAC 220-44-050 Coastal bottomfish catch limits.
(1)(a) It is unlawful to possess, transport through the waters of the state, or land in any Washington state port, bottomfish taken in excess of the amounts or less than the minimum or maximum sizes, or in violation of any of the possession, landing, or sorting requirements published in the Code of Federal Regulations (C.F.R.), Title 50, Part 660, Subpart G. These federal regulations provide the requirements for commercial groundfish fishing in the Pacific Ocean. Additional regulations may be enacted and listed in the Federal Register, and these regulations override those in the C.F.R. if there are any inconsistencies between the two. Therefore, persons must consult these federal regulations, which chapter ((220-44)) 220-355 WAC incorporates by reference and is based on, in part. Where rules refer to the fishery management area, that area is extended to include Washington state waters coterminous with the Exclusive Economic Zone. A copy of the federal rules may be obtained by ((contacting Lori Preuss at 360-902-2930, or)) the internet at www.pcouncil.org. State regulations may apply that are more restrictive than federal regulations.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
(2)(a) It is unlawful to possess, transport through the waters of the state, or land into any Washington port, walleye pollock taken with trawl gear from Marine Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-1, 59A-2, 59B, 60A-1, 60A-2, 61, 62, or 63, except by trawl vessels participating in the directed Pacific whiting fishery and the directed coastal groundfish fishery.
(b) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.550.
(3)(a) It is unlawful for trawl vessels participating in the directed Pacific whiting and/or the directed coastal groundfish fishery to land incidental catches of walleye pollock greater than forty percent of their total landing by weight, not to exceed ten thousand pounds.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
(4)(a) It is unlawful for an original receiver to receive whiting and whiting by-catch under the authority of an exempted fishing permit (EFP) issued by NMFS through the department, unless the original receiver has entered into a signed agreement with the department specifying the responsibilities of the original receiver in conjunction with the whiting EFP fishery. Failure to comply with the terms of the agreement shall be cause to remove the original receiver from the list of original receivers allowed to receive unsorted whiting catches from EFP vessels.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
(5)(a) It is unlawful to land thresher shark taken by any means from state and offshore waters of the Pacific Ocean north of the Washington-Oregon boundary and south of the United States-Canada boundary. It is unlawful to land thresher shark taken south of the Washington-Oregon boundary unless each thresher shark landed is accompanied by a minimum of two swordfish.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
(6)(a) It is unlawful to take salmon incidental to any lawful bottomfish fishery.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
(7)(a) It is unlawful to retain sturgeon species, other than white sturgeon, taken incidental to any lawful bottomfish fishery. White sturgeon may be taken as long as the fisher complies with minimum and maximum size restrictions for commercial fisheries.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
(8)(a) It is unlawful to retain any species of shellfish taken incidental to any lawful bottomfish fishery, except that it is lawful to retain octopus and squid.
(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550.
AMENDATORY SECTION (Amending WSR 07-23-002, filed 11/7/07, effective 12/8/07)
WAC 220-44-090 Bottomfish—Far offshore fishery.
(1)(a) It is unlawful for any fisher to transport through the waters of the state, or to land in any Washington state port, bottomfish taken outside the Exclusive Economic Zone (more than 200 miles offshore), except that any fisher may transport bottomfish through the waters of the state or land bottomfish taken without the Exclusive Economic Zone, provided:
(i) The fisher has, at least 48 hours prior to participating in the far offshore fishery, notified the department either by writing to the Washington Department of Fish and Wildlife, 48A Devonshire Road, Montesano, WA 98563; or telephoning the department during regular business hours, Monday through Friday, at 360-586-6129. The fisher must provide the following information: Vessel name and official number; anticipated fishing dates; anticipated port of landing;
(ii) The fisher makes the vessel available for a hold inspection, if required to do so by the department, prior to departure for the far offshore fishery; and
(iii) The fisher notifies the department at least 24 hours prior to landing bottomfish at any Washington state port. The fisher must provide the following information: Port of landing; estimated date and time of landing; estimated species composition, and weight of fish aboard.
(b) Violation of this subsection is a misdemeanor, punishable under RCW 77.15.280.
(2)(a) It is unlawful for any fisher to fish within, or to land fish taken from within, the Exclusive Economic Zone during any trip for which a declaration to participate in the far offshore fishery has been made.
(b) Violation of this subsection is a misdemeanor, punishable under RCW 77.15.280.
(3)(a) Fishers participating in the far offshore fishery are required to be properly licensed in order to land bottomfish into a Washington state port.
(b) Violation of catch restrictions is punishable pursuant to RCW 77.15.550.
(4) This section does not apply to bottomfish that have been previously landed in another state, territory, or country; does not apply to delivery by vessels other than the catcher vessel; and does not apply to bottomfish taken in Canadian territorial waters.
AMENDATORY SECTION (Amending WSR 14-11-028, filed 5/13/14, effective 6/13/14)
WAC 220-44-095 Coastal sardine purse seine fishery—Harvest, landing, and reporting requirements—Gear.
(1) Licensing, harvest, and reporting requirements. It is unlawful for persons fishing under a Washington sardine purse seine fishery license or temporary annual fishery permit to fail to:
(a) Carry an observer onboard for any sardine fishing trip if requested by the department;
(b) Surrender up to five hundred sardines per vessel per trip if requested by department samplers for biological information; and
(c) Complete a department-issued logbook each month in which fishing activity occurs, and submit it to the department by the 15th day of the following month.
(2) Possession, transport, and seasons.
(a) It is unlawful to possess, transport through the waters of the state, or deliver into any Washington port, Pacific sardine (Sardinops sagax) or other coastal pelagic species taken in violation of gear requirements and other rules published in Title 50, Part 660, Subpart I of the Code of Federal Regulations (C.F.R.). These federal regulations govern commercial fishing for coastal pelagic species in the Exclusive Economic Zone off the coasts of Washington, Oregon, and California. Where the federal regulations refer to the fishery management area, that area is interpreted to include Washington state waters coterminous with the Exclusive Economic Zone. Updates to the federal regulations are published in the Federal Register. Discrepancies or errors between the C.F.R. and Federal Register will be resolved in favor of the Federal Register. This chapter incorporates the C.F.R. by reference and is based, in part, on the C.F.R. A copy of the federal rules may be obtained by contacting the department of fish and wildlife rules coordinator at 360-902-2403, or going to the U.S. Government Printing Office's GPO Access web site (www.gpoaccess.gov). State regulations that are more restrictive than the federal regulations will prevail.
(b) It is unlawful to fish for or possess Pacific sardine taken with any gear from coastal waters except during the coastal sardine fishery season open to purse seine fishing each year from April 1st through December 31st.
(c) It is unlawful to take Pacific sardine in state waters except for the incidental take authorized by the coastal baitfish regulations.
(d) It is unlawful to retain any species that is taken incidental to sardine, except for anchovy, mackerel, and market squid (Logligo opalescens).
(e) It is unlawful to retain mackerel (Scombridae) or jacks (Carangidae) taken incidental to a lawful sardine fishery that in combination exceeds forty-five percent of the weight of the total landing.
(f) It is unlawful to fail to release any salmon encircled in the purse seine prior to completion of the set or to land or retain salmon on the fishing vessel.
(g) It is unlawful to transfer sardine catch from one fishing vessel to another.
(3) Landing and delivery.
(a) It is unlawful to fail to have legal purse seine gear as defined by department rule aboard a vessel making a sardine landing.
(b) It is unlawful to fail to deliver sardine landings to a processing facility located on shore.
(c) It is unlawful to land fish at more than one processing facility and to fail to offload all fish onboard the vessel once the delivery commences at the time of landing.
(d) It is unlawful to deliver more than fifteen percent cumulative weight of sardines for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products, or by-products, for purposes other than human consumption or fishing bait used during the sardine fishery season.
(4) A violation of the reporting requirements provided in this section is punishable under RCW ((77.15.560,)) 77.15.630 Commercial fish, shellfish harvest or delivery—Failure to report—Penalty.
(5) A violation of the gear requirements provided in this section is punishable under RCW 77.15.520((,)) Commercial fishing—Unlawful gear or methods—Penalty.
(6) A violation of the harvest or landing requirements provided in this section is punishable under RCW 77.15.550((,)) Violation of a commercial fishing area or time—Penalty.
AMENDATORY SECTION (Amending WSR 07-23-002, filed 11/7/07, effective 12/8/07)
WAC 220-44-100 Bottomfish caught during research—Permits.
(1) Vessels engaged in chartered research for the National Marine Fisheries Service (NMFS) or the International Pacific Halibut Commission (IPHC) may land and sell bottomfish caught during that research without the catch being counted toward any trip or cumulative limit for the participating vessel.
(2) Vessels that have been compensated for research work by NMFS or IPHC with an exempted fishing permit (EFP) to land fish as payment for such research may land and sell fish authorized under the EFP without the catch being counted toward any trip or cumulative limit for the participating vessel.
(3) Any bottomfish landed during authorized NMFS or IPHC research or under the authority of a compensating EFP for past-chartered research work must be reported on a separate fish receiving ticket and not included on any fish receiving ticket reporting bottomfish landed as part of any trip or cumulative limit.
(4) Bottomfish landed under the authority of NMFS or IPHC research work or an EFP-compensating research with fish must be clearly marked "NMFS Compensation Trip" or "IPHC Compensation Trip" on the fish receiving ticket in the space reserved for dealer's use.
(5) The NMFS or IPHC scientist in charge must sign the fish receiving ticket in the area reserved for dealer's use if any bottomfish are landed during authorized NMFS or IPHC research. If the fish are landed under the authority of an EFP as payment for research work, the EFP number must be listed in the dealer's use space.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 14-01-056, filed 12/12/13, effective 1/12/14)
WAC 220-47-001 Puget Sound salmon—Quick reporting.
All Puget Sound salmon fisheries are designated as "quick reporting required" fisheries, and commercial purchasers and receivers must comply with the provisions of WAC ((220-69-240)) 220-352-180(14).
AMENDATORY SECTION (Amending WSR 08-15-031, filed 7/8/08, effective 8/8/08)
WAC 220-47-301 Puget Sound salmon—Lawful gear—Purse seine.
(1) Lawful purse seine salmon nets in Puget Sound must not exceed 1,800 feet in length along the cork line while wet, and purse seine and lead combined must not exceed 2,200 feet. Neither type can contain meshes of a size less than 3-1/2 inches. Meshes of the seine and lead cannot be lashed together to form one continuous piece of webbed gear. A person may have, as part of the purse seine, a bunt not more than 10 fathoms long. However, the mesh size must not be less than 3-1/2 inches.
(2) It is unlawful to take or fish for salmon in Puget Sound with purse seine gear that contains mesh webbing constructed of a twine-size smaller than 210/30d nylon, 12-thread cotton, or the equivalent diameter in any other material.
(3) It is unlawful for any purse seine vessel to carry an extra lead or portion thereof unless stowed below decks during the fishing operation. It is also unlawful to carry an extra lead or portion thereof aboard the skiff of the purse seine vessel.
(4) Purse seine mesh size is defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh. Minimum mesh size is met if a wedge of legal size can be passed without undue force through the mesh while the mesh is wet.
(5) A purse seine is not considered to be fishing once both ends of the seine are attached to the primary vessel.
(6) It is unlawful to take or fish for salmon with purse seine gear in Puget Sound unless at least four sections, each measuring no less than 12 inches in length along the cork line in the bunt, and within 75 fathoms of the bunt, have no corks or floats attached. These four sections must be spaced such that one section is along the cork line in the bunt, within 5 fathoms of the seine net, and the other three sections are spaced at least 20 fathoms apart along the cork line within 75 fathoms of the bunt.
(7) When brailing is required, it is unlawful to take or fish for salmon with purse seine gear unless the purse seine vessel has aboard and uses operable recovery boxes as described in this subsection.
(a) Dimensions and capacities of required recovery boxes:
(i) Recovery boxes must have two chambers per box if one box is used, or one chamber per box if two boxes are used.
(ii) Each recovery box chamber must have an inside length measurement of 48 inches, an inside width measurement of 10 inches, and an inside height measurement of 16 inches.
(iii) Each chamber of the recovery box must have an inlet hole measuring between 3/4 inch and 1 inch in diameter. The inlet hole must be centered horizontally across the door or wall of the chamber, and the bottom of the hole must be located 1-3/4 inches above the floor of the chamber.
(iv) Each chamber of the recovery box must include a water outlet hole on the opposite wall from the inlet hole, and the outlet hole must be at least 1-1/2 inches in diameter, with the bottom of the outlet hole located 12 inches above the floor of the chamber.
(v) Flow of water through each chamber of the recovery boxes must be not less than 16 gallons per minute, nor more than 20 gallons per minute.
(b) Each box and chamber must be operating during any time that the net is in the water.
(c) The vessel operator must demonstrate to department employees, upon request, that the pumping system is delivering the proper volume of fresh seawater into each chamber.
(d) All salmon that will not be retained must be released immediately with care and with the least possible injury to the fish, or placed into the operating recovery box.
(e) Any fish that is bleeding or lethargic must be placed in the recovery box prior to being released.
(f) All fish placed in the recovery boxes must be released within the same catch area as the area of capture, and the release must occur prior to landing or docking.
(8) It is unlawful to fish for salmon with purse seine gear in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in immediate possession of a department-issued certification card.
AMENDATORY SECTION (Amending WSR 10-14-129, filed 7/7/10, effective 8/7/10)
WAC 220-47-302 Puget Sound salmon—Lawful gear—Gillnet.
(1) It is unlawful to use drift gillnet salmon gear in Puget Sound that exceeds 1,800 feet in length or contains meshes of a size less than 5 inches.
(2) It is unlawful to use skiff gillnet salmon nets in Puget Sound that exceed 600 feet in length, 90 meshes in depth, or that contain meshes of a size less than 5 inches, except in Area 9A, where skiff gillnets are further restricted by not being more than 60 meshes deep. It is unlawful to retrieve skiff gillnets by any means except by hand (no hydraulics may be used). It is unlawful to fail to attend to skiff gillnets at all times.
(3) Drift gillnets and skiff gillnets shall be operated substantially in a straight line. It is unlawful to set such nets in a circle or to set them in other than a substantially straight line.
(a) It is unlawful to operate any drift gillnet, attended or unattended, unless there is affixed, within five feet of each end of the net, two red size A-3 buoys, marking the visible end of the cork line portion of the net. One of the two buoys shall be marked in a visible, legible, and permanent manner with the name and gillnet license number of the fisher.
(b) The cork line portion of the net shall be marked every 50 fathoms of the net with size A-1 buoys.
(4) It is unlawful to take or fish for salmon with gillnet gear in Areas 7 or 7A sockeye or pink salmon fisheries unless said gillnet gear is constructed so that the first 20 meshes below the cork line are composed of five-inch mesh, white opaque, minimum 210/30d (#12) diameter, nylon twine.
(5) It is unlawful to take or fish for salmon with gillnet gear when recovery box(es) are required in areas defined under WAC ((220-22-030)) 220-301-030 unless the gillnet vessel has aboard and uses said operable recovery box(es) as described in this subsection.
(a) Dimensions and capacities of required recovery boxes:
(i) Recovery boxes must have two chambers, if one box, or one chamber in each box, if two boxes.
(ii) Each recovery box chamber must have an inside length measurement of 48 inches, an inside width measurement of 10 inches, and an inside height measurement of 16 inches.
(iii) Each chamber of the recovery box must have an inlet hole measuring between 3/4 inch and 1 inch in diameter. The inlet hole must be centered horizontally across the door or wall of the chamber, and the bottom of the hole must be located 1-3/4 inches above the floor of the chamber.
(iv) Each chamber of the recovery box must include a water outlet hole on the opposite wall from the inlet hole, and the outlet hole must be at least 1-1/2 inches in diameter, with the bottom of the outlet hole located 12 inches above the floor of the chamber.
(v) Flow of water through each chamber of the recovery boxes must be not less than 16 gallons per minute, nor more than 20 gallons per minute.
(b) Each box and chamber must be operating during any time that the net is being retrieved or picked.
(c) The vessel operator must demonstrate to department employees, upon request, that the pumping system is delivering the proper volume of fresh seawater into each chamber.
(d) All salmon not to be retained must be released immediately with care and with the least possible injury to the fish, or placed into the operating recovery box.
(e) Any fish that is bleeding or lethargic must be placed in the recovery box prior to being released.
(f) All fish placed in the recovery boxes must be released within the same catch area as the area of capture, and the release must occur prior to landing or docking.
(6) It is unlawful to fish for salmon with gillnet gear in Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in possession of a department-issued certification card.
AMENDATORY SECTION (Amending WSR 08-15-031, filed 7/8/08, effective 8/8/08)
WAC 220-47-303 Puget Sound salmon—Lawful gear—Reef nets.
(1) Lawful reef net salmon nets in Puget Sound must not exceed 300 meshes on any side nor contain meshes of a size less than 3-1/2 inches nor utilize more than two leads. Each of the leads must not exceed 200 feet in length, measured from the bows of the reef net boats to the nearest end of the head buoys. The use of any false, detached, or auxiliary lead is unlawful.
(2) It is unlawful to retain Chinook salmon with reef net gear unless the vessel operator is in immediate possession of a department-issued Puget Sound reef net logbook. Completed logs must be submitted and received within six working days to the department.
(3) It is unlawful to fish for salmon with reef net gear in Puget Sound Salmon Management and Catch Reporting Areas 7 and 7A unless the vessel operator has attended a "Fish Friendly" best fishing practices workshop and is in immediate possession of a department-issued certification card.
AMENDATORY SECTION (Amending WSR 07-20-006, filed 9/20/07, effective 10/21/07)
WAC 220-47-310 Puget Sound salmon—Net seasons—Time.
During the openings provided for in this chapter, all times stated are Pacific Standard Time from January 1 through the second Saturday in March and from the first Sunday in November through December 31; and all times stated are Pacific Daylight Time from the second Sunday in March to the first Saturday in November.
AMENDATORY SECTION (Amending WSR 97-16-030, filed 7/29/97, effective 8/29/97)
WAC 220-47-319 Puget Sound salmon—Special purse seine mesh size.
It shall be unlawful to take, fish for or possess salmon taken with purse seine gear in any Puget Sound Salmon Management and Catch Reporting Area exclusive of sockeye and pink salmon management unless said purse seine gear is constructed so that the first 100 meshes below the corkline that are within 75 fathoms of the bunt, excluding the bunt, are of a size not less than 5 inches stretch measure.
AMENDATORY SECTION (Amending WSR 09-15-054, filed 7/9/09, effective 8/9/09)
WAC 220-47-325 Purse seine—Release of incidentally caught fish.
(1) It is unlawful for any purse seine vessel operator landing salmon to do so directly into the hold. All salmon must be landed onto the deck or sorting tray or table of the harvesting vessel with the hold hatch cover(s) closed until all salmon that cannot be retained are released; and additionally:
(2) In Areas 7 and 7A, and prior to the Fraser Panel relinquishing management control in Areas 7B and 7C, it is unlawful for any purse seine vessel operator to bring salmon aboard a vessel unless all salmon captured in the seine net are removed from the seine net using a brailer or dip net meeting the specifications in this section prior to the seine net being removed from the water, unless otherwise provided for in this section.
(3) The brailer must be constructed in the following manner and with the following specifications:
(a) A bag of web hung on a rigid hoop attached to a handle;
(b) The bag must be opened by releasing a line running through rings attached to the bottom of the bag; and
(c) The web must be of soft knotless construction, and the mesh size cannot exceed 57 mm (2.25 inches) measured along two contiguous sides of a single mesh.
(4) Hand-held dip nets must be constructed of a shallow bag of soft, knotless web attached to a handle.
(5) Fish may be brought on board without using a brailer or dip net as specified in this section if the number of fish in the net is small enough that the crew can hand-pull the bunt onto the vessel without the use of hydraulic or mechanical assistance.
(6) In order for fishers to participate in openings where brailing is required, fishers must use a recovery box and operate the box in compliance with the provisions of WAC ((220-47-301)) 220-354-100 (7)(a) through (f). It is unlawful to fail to do so.
AMENDATORY SECTION (Amending WSR 99-24-011, filed 11/19/99, effective 12/20/99)
WAC 220-47-410 Puget Sound salmon—Gillnet—Daily hours.
It is unlawful to take or fish during the Fraser sockeye and pink salmon species seasons in Areas 7 or 7A with gillnet gear from 12:00 midnight to 1.5 hours after sunrise.
AMENDATORY SECTION (Amending WSR 12-15-034, filed 7/12/12, effective 8/12/12)
WAC 220-47-427 Puget Sound salmon—Beach seine—Emerging commercial fishery—Eligibility—Lawful gear.
(1) The Puget Sound beach seine salmon fishery is designated as an emerging commercial fishery for which a vessel is required. An emerging commercial fishery license and an experimental fishery permit are required to participate in this fishery.
(2) The department will issue four salmon beach seine experimental fishery permits.
(3) The following is the selection process the department will use to offer a salmon beach seine experimental permit.
(a) Persons who held a salmon beach seine experimental fishery permit in the previous management year will be eligible for a permit in the current management year.
(b) The department will work with the advisory board, per RCW 77.70.160(1), to establish criteria by which applicants will qualify to enter the pool. The pool established by this drawing will be maintained to replace any permit(s) which are voided.
(4) Permit holders are required to participate in the salmon beach seine experimental fishery.
(a) For purposes of this section, "participation" means the holder of the salmon beach seine experimental permit is aboard the designated vessel in the open fishery.
(b) If the salmon beach seine experimental permit holder fails to participate, the salmon beach seine experimental permit issued to that fisher will be voided, and a new salmon beach seine experimental permit will be issued through a random drawing from the applicant pool.
(c) The department may require permit holders to show proof of participation by maintaining a department approved log book or registering with state officials each day the salmon beach seine experimental permit holder participates.
(d) Persons who participate in the fishery but violate conditions of a salmon beach seine experimental permit will have their permit voided, and a new salmon beach seine experimental permit will be reissued through a random drawing from the pool of the voided permit holder.
(5) In Quilcene Bay, chum salmon may not be retained by a salmon beach seine experimental permit holder. Chum salmon in Quilcene Bay must be released alive.
(6) Any person who fails to purchase the license, fails to participate, or violates the conditions of a salmon beach seine experimental permit will have his or her name permanently withdrawn from the pools.
(7) It is unlawful to take salmon with beach seine gear that does not meet the requirements of this subsection.
(a) Beach seine salmon nets in Puget Sound shall not exceed 990 feet in length or 200 meshes in depth, or contain meshes of a size less than 3 inches or greater than 4 inches.
(b) Mesh webbing must be constructed with a twine size no smaller than 210/30d nylon, 12 thread cotton, or the equivalent diameter in any other material.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 12-23-016, filed 11/9/12, effective 12/10/12)
WAC 220-48-005 Puget Sound bottomfish—General provisions.
(1) It is unlawful to possess English sole less than 12 inches in length taken with commercial bottomfish gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.
(2) It is unlawful to possess any starry flounder less than 14 inches in length taken with commercial bottomfish gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.
(3) It is unlawful to possess lingcod taken with commercial gear year-round in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas 23D, 24A, 24B, 24C, 24D, 25B, 25C, 25D, 26A, 26B, 26C, 26D, 27A, 27B, 27C, 28A, 28B, 28C, and 28D.
(4) It is unlawful to possess lingcod less than 26 inches in length or greater than 36 inches in length taken with commercial gear in all state waters east of the Bonilla-Tatoosh line.
(5) It is unlawful to possess lingcod taken with commercial gear from June 16 through April 30 in Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, 21B, 22A, 22B, 23A, 23B, 23C, 25A, 25E, and 29.
(6) It is unlawful to possess any species of shellfish taken with lawful bottomfish gear except as provided in WAC ((220-52-063 and 220-52-066)) 220-340-720 and 220-340-770.
(7) Incidental catch.
(a) It is permissible to retain bottomfish taken incidental to any lawful salmon fishery, provided the bottomfish could be lawfully taken under state law and department rule.
(b) It is unlawful to retain salmon or sturgeon taken incidental to any lawful bottomfish fishery in Puget Sound.
(c) It is unlawful to retain any species of shellfish taken incidental to any bottomfish fishery in Puget Sound, except octopus and squid.
(d) It is unlawful to retain any whiting taken incidental to any bottomfish fishery in Catch Areas 24B, 24C or 26A except when using pelagic trawl gear when these areas have been opened by the director for a directed whiting fishery.
(8) A vessel trip is completed upon the initiation of transfer of catch from a fishing vessel.
(9) Pacific cod.
(a) It is unlawful to discard Pacific cod taken by commercial fishing gear.
(b) All Pacific cod taken by a commercial gear must be landed at a licensed commercial dealer.
(10) Sablefish.
(a) It is unlawful to take more than 300 pounds of sablefish per vessel trip or more than 600 pounds of sablefish per two-month cumulative limit from open Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.
(b) A two-month cumulative limit is the maximum amount of fish that may be taken and retained, possessed or landed per vessel per two-fixed calendar month period. The fixed two-month periods are January-February, March-April, May-June, July-August, September-October and November-December.
(11) Sixgill shark. It is unlawful to retain sixgill shark taken with commercial fishing gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.
(12) Rockfish. It is unlawful to retain any species of rockfish taken with commercial fishing gear in all Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas.
AMENDATORY SECTION (Amending WSR 12-23-016, filed 11/9/12, effective 12/10/12)
WAC 220-48-052 Commercial salmon fishing—Retaining Puget Sound bottomfish incidental catch.
It is permissible to retain bottomfish for commercial purposes taken with commercial salmon gear incidental to a lawful salmon fishery in any waters of Puget Sound, except lingcod during closures provided in WAC ((220-48-005)) 220-355-020.
AMENDATORY SECTION (Amending WSR 12-23-016, filed 11/9/12, effective 12/10/12)
WAC 220-48-071 Puget Sound—Bottomfish pots.
(1) It is unlawful to take, fish for, and possess bottomfish for commercial purposes with bottomfish pot gear as described in WAC ((220-16-145)) 220-300-050, except in the following Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas during the seasons designated below:
Areas 23C and 29 open only by permit from the director.
(2) Violation of subsection (1) of this section is a gross misdemeanor, punishable under RCW 77.15.550 Violation of commercial fishing area or time—Penalty.
(3) It is unlawful to operate bottomfish pot gear without possessing a valid bottomfish pot license. Violation of this subsection is a gross misdemeanor or class C felony, depending on the circumstances of the violation, punishable under RCW 77.15.500 Commercial fishing without a license—Penalty.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 16-07-140, filed 3/22/16, effective 4/22/16)
WAC 220-49-005 Puget Sound forage fish commercial fisheries—General provisions.
(1) It is unlawful to fish for or possess Puget Sound forage fish taken for commercial purposes except at the times, during the seasons and using the gear provided for in this chapter.
(2) It is unlawful to fish for or possess candlefish taken for commercial purposes. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
(3) The total annual quota for the Puget Sound smelt commercial fishery may not exceed sixty thousand pounds.
(4) It is unlawful for vessel operators engaged in the commercial harvest of smelt from Puget Sound to fail to report their daily catch to the department by 2:00 p.m. the day following the harvest of smelt.
(a) Catch reports may be submitted to the department as follows:
(i) By e-mailing the catch report or a picture of the fish receiving ticket to smeltreport@dfw.wa.gov; or
(ii) By phone at 1-844-611-3822.
(b) Catch reports must include the following information as it is recorded on the fish receiving ticket:
(i) Fisher name;
(ii) Wholesale fish dealer name;
(iii) Pounds of smelt landed;
(iv) Marine fish/shellfish catch area, as described in WAC ((220-22-400)) 220-301-040;
(v) Date of harvest;
(vi) Date of sale;
(vii) Complete fish ticket serial number, including the first alphanumeric letter; and
(viii) If a picture of the fish receiving ticket is e-mailed as the daily harvest report, the date of harvest must be recorded on the bottom half of the ticket.
AMENDATORY SECTION (Amending WSR 04-17-098, filed 8/17/04, effective 9/17/04)
WAC 220-49-020 Herring and anchovy—Seasons—Lawful gear—Purposes.
It shall be unlawful to take, fish for or possess for commercial purposes herring or anchovy in Puget Sound except during lawful seasons, with lawful gear and for such purposes as provided for hereinafter in each respective fishing area:
(1) Area 20A.
(a) Closed September 1 through May 31 to all commercial fishing gear except for the spawn on kelp fishery as provided for in WAC ((220-49-063)) 220-356-170.
(b) Closed June 1 through August 31 to all commercial fishing.
(2) It is unlawful to use purse seine gear in any Puget Sound area except 23A, 23B, 23C, 23D, and 29. Areas 23A, 23B, 23C, 23D and 29 are open to purse seine gear only during seasons set by emergency rule.
(3) All other Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas - Open entire year with drag seine, lampara, and dip bag net for human consumption or bait only except for closures set out in subsections (4), (5) and (6) of this section.
(4) The following areas are closed the entire year to all gear:
Areas 20B, 21A, 21B, 22A, 22B, 25A, and 25E.
(5) The following areas are closed from January 16 through April 15, except to dip bag net gear:
(a) Area 24A except for a year-round closure in Swinomish Channel in those waters between the bridge spanning the channel south of La Conner and a line perpendicular to the channel at the northeast end of the La Conner boat basin, 24B, and 24D.
(b) Waters of Area 25C south of a line from Tala Point to Foulweather Bluff.
(c) Area 25D.
(d) Waters of Area 26B west of a line from Point Monroe to Point Jefferson.
(e) Area 26C.
(f) Waters of Area 26D north of a line from Neill Point to Piner Point.
(g) Areas 27A, 27B and 27 C are closed year-round.
(h) Waters of Area 28A west of a line projected true north-south through Treble Point on Anderson Island, including Henderson Inlet.
(i) Waters of Area 28B west of a line projected true north from Penrose Point, including Mayo Cove and Von Geldern Cove.
(j) All contiguous waters of Area 28D north and east of a line projected from Dofflemeyer Point through Cooper Point to landfall on the west shore of Eld Inlet, including Totten Inlet, Hammersley Inlet and Oakland Bay.
AMENDATORY SECTION (Amending WSR 04-17-089, filed 8/16/04, effective 9/16/04)
WAC 220-49-023 Herring reporting.
(1) Herring fishers:
(a) All commercial herring fishers are required to obtain a department-issued herring reporting monthly logbook, and, pursuant to this section, enter the required information and remit the department's copies of the monthly logs.
(b) It is unlawful for the operator of the harvest vessel to fail to keep the logbook aboard the vessel while the vessel is engaged in herring fishing or has herring onboard. Violation of this subsection is a gross misdemeanor, punishable under RCW ((77.15.560)) 77.15.280.
(c) It is unlawful for any vessel operator engaged in herring fishing to fail to submit the department's copy of each month's log in which fishing activity occurs within ten days of the end of the month, as evidenced by the mailing date on the envelope or the fax date, except that the operator may submit all logs of monthly activity prior to the month in which fishing activity commences at one time, and, when fishing activity terminates for the year may submit the logs for the remainder of the year at one time. Harvest logs must be submitted in ascending consecutive order of log serial numbers. The logs are required to be mailed to: Department of Fish and Wildlife, Marine Resources, P.O. Box 1100, La Conner, WA 98257, or faxed to 360-466-0515. Violation of this subsection is a misdemeanor, punishable under RCW 77.15.280.
(d) Herring vessel operators responsible for submitting logs to the department must maintain the fisher's copy of all logs for one year, and have them available for inspection. It is unlawful for the vessel operator to fail to submit harvest logs for inspection upon request by fish and wildlife officers or authorized department marine fish-shellfish program employee. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.360.
(e) It is unlawful for vessel operators engaged in commercial herring fishing or possessing herring, to fail to permanently and legibly record in ink the following information within the following time constraints:
(i) Before each vessel trip, record the operator name, operator phone number, license holder name, the department issued registration number, date of fishing trip.
(ii) Immediately after the completion of each set, and prior to making a new set, record the set number, set start time, Marine Fish-Shellfish Catch Area, nearest landmark type, gear type, and weight in pounds of herring retained.
(iii) Immediately after each landing of fish, record the fish receiving ticket serial number and the names of the receivers of fish landed or pen number delivered to if the vessel operator also holds a wholesale fish dealer license and is acting in the capacity of an original receiver. Violation of this subsection is a gross misdemeanor, punishable under RCW ((77.15.560)) 77.15.280.
(2) Herring baitfish processors:
(a) It is unlawful for original receivers who sell herring as baitfish to fail to report by January 15th of each year the total number of dozens of herring sold the previous year. The report must be made on a department supplied herring baitfish report form, and must report sales by size class. The form is required to be mailed to: Department of Fish and Wildlife, Marine Resources, P.O. Box 1100, La Conner, WA 98257, or faxed to 360-466-0515. Violation of this subsection is a gross misdemeanor, punishable under RCW ((77.15.560)) 77.15.280.
(b) Herring processors responsible for submitting herring baitfish report forms must maintain the processor's copy of the form for one year, and have it available for inspection. It is unlawful for the processor to fail to submit herring baitfish report forms for inspection upon request by fish and wildlife officers or authorized department marine fish-shellfish program employee. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.360.
AMENDATORY SECTION (Amending WSR 94-12-009, filed 5/19/94, effective 6/19/94)
WAC 220-49-063 Spawn on kelp licenses (SOK license)—Applications.
(1) Any herring fisher holding a herring fishery license under chapter 77.65 RCW ((75.30.140)) may participate in an auction for a spawn on kelp license (SOK license). Proof of current herring licensing must be presented before entering the auction. No more than one SOK license will be awarded to each herring license holder.
(2) The department shall offer SOK licenses under the following conditions:
(a) The department shall establish a minimum acceptable bid for each license.
(b) Licenses shall be offered by sealed bidding at auction. The license will be awarded to the bidder with the highest bid. In the event of tie bids, the tie breaker will be by coin toss.
(c) Each SOK license shall be auctioned separately. Each bidder for a license must submit a certified check equal to the minimum acceptable bid prior to the bidding as a down payment on the winning bid price.
(d) Bidding by proxy is allowed, provided the proxy holder has a power of attorney for the herring license holder represented.
(e) The successful bidder for a SOK license is required to sign and return to the department a copy of the SOK license within 10 days after the award of a license together with the balance of the bid amount. Failure to return the license and bid balance will invalidate the award of the license and result in forfeiture of the deposit in the amount necessary to compensate the department for any damages. In such case the license shall be offered to the other bidders in descending order of their bid amount.
(f) If the license fails to be sold as described in (c) or (e) of this subsection, the license may be offered to any person possessing a herring license who offers the largest amount within a specified time period.
(g) The department may revoke the SOK license for noncompliance with the terms of the license. In case of license revocation, the bid amount shall be retained by the department.
(3) Licensing:
(a) Herring dip bag net, herring drag seine, herring lampara and herring purse seine licenses are licenses required to operate the respective gear and retain herring for the spawn on kelp fishery.
(b) A spawn on kelp fishery license is the license issued to a successful bidder and allows the holder to participate in the spawn on kelp fishery.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 94-12-009, filed 5/19/94, effective 6/19/94)
WAC 220-52-010 Shellfish—Unlawful acts—Commercial.
(1) It is unlawful to take oysters or clams for commercial purposes from tidelands reserved for public use unless authorized by a permit issued by the director.
(2)(a) It is unlawful to take shellfish for commercial purposes from state oyster reserves without permission of the director of fisheries.
(b) Licensing: An oyster reserve fishery license is the license required to take shellfish for commercial purposes from state oyster reserves.
(3) All geoduck and mechanical clam harvester vessels shall be issued an identification number. It is unlawful to fail to place this number in a visible location on each side of the vessel and on the top of the cabin or deck awning to be visible from the air. A sign board or banner arranged so the numbers can be seen at all times from directly overhead may be substituted if the vessel does not have a fixed roof. The numbers shall be black on a white background and shall be not less than 18 inches high and of proportionate width.
(4) It shall be unlawful for a commercial clam digger to harvest clams from intertidal ground without having on his person a signed authorization from the registered clam farmer for whom he is harvesting. The digger will also be required to have suitable personal identification with him when engaged in clam harvesting. The authorization from the registered clam farmer must be legible, dated and must contain the date on which the authorization expires, provided that in no instance may the authorization go beyond the end of any calendar year. The authorization must additionally contain the name of each bay or area where the registered clam farmer has owned or leased ground from which the named clam digger is authorized to harvest.
(5)(a) It is unlawful to fish for or possess ghost or mud shrimp taken for commercial purposes unless authorized by a permit issued by the director.
(b) Licensing: A burrowing shrimp fishery license is the license required to take ghost or mud shrimp for commercial purposes.
(6) It is unlawful to set any shellfish pot gear such that the pot is not covered by water at all tide levels.
AMENDATORY SECTION (Amending WSR 14-20-008, filed 9/19/14, effective 10/20/14)
WAC 220-52-01901 Commercial geoduck harvest license.
(1) It is unlawful to commercially harvest geoducks unless the harvester possesses a valid, director-issued geoduck fishery license or geoduck diver license. A geoduck fishery license card is a "license card" under WAC ((220-69-270)) 220-352-210.
(2) Only persons holding current geoduck harvest agreements from the department of natural resources or their agents may apply for a geoduck fishery license. An application for a geoduck fishery license must be fully completed on a form provided by the department and accompanied by a copy of the geoduck harvest agreement for which the license is sought.
(3) Each geoduck fishery license authorizes the use of two water jets or other units of geoduck harvest gear. Commercial geoduck harvesting gear must meet the requirements of WAC ((220-52-019)) 220-340-300.
(4) Holders of geoduck fishery licenses must comply with all applicable commercial diving safety regulations adopted by the Federal Occupational Safety and Health Administration established under the Federal Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et. seq. Some of these regulations appear at 29 C.F.R. Part 1910, Subpart T.
(a) The director may suspend or revoke a geoduck fishery license used in violation of commercial diving safety regulations, including 29 C.F.R. Part 1910, Subpart T, adopted under the Occupational Safety and Health Act of 1970. The procedures of chapter 34.05 RCW apply to these suspensions or revocations.
(b) If there is a substantial probability that a violation of commercial diving safety regulations could result in death or serious physical harm to a person harvesting geoducks, the director may immediately suspend the license until the violation is corrected. If the violator fails to correct the violation within ten days of notice of the violation, the director may revoke the violator's geoduck fishery license. The director may not revoke a geoduck fishery license if the holder of the harvesting agreement corrects the violation within ten days of receiving written notice of the violation.
AMENDATORY SECTION (Amending WSR 12-23-016, filed 11/9/12, effective 12/10/12)
WAC 220-52-01902 Commercial geoduck harvest—Requirements and unlawful acts.
(1) It is unlawful to take, fish for, or possess geoduck clams taken for commercial purposes from the substrate of any Washington state waters except as provided by RCW 77.60.070 and department rule.
(2) It is unlawful to engage in geoduck harvesting operations unless the following documents are onboard the geoduck harvesting vessel:
(a) A copy of the department of natural resources (DNR) geoduck harvesting agreement for the tract or area where harvesting is occurring;
(b) A map of the geoduck tract or harvest area and complete tract or harvest area boundary identification documents or photographs issued by DNR for the tract or harvest area;
(c) A geoduck diver license for each diver on board the harvest vessel or in the water; and
(d) A geoduck fishery license as described in WAC ((220-52-01901)) 220-340-310.
(3) It is unlawful for more than two divers from any one harvest vessel to be in the water at any one time.
(4) It is unlawful to process geoduck clams on board any harvest vessel.
(5) It is unlawful to possess only the siphon or neck portion of a geoduck aboard a geoduck harvest vessel, except when the geoduck is incidentally damaged during harvest. Geoduck damage sustained incidental to harvest must be reported under a DNR harvest agreement.
(6) It is unlawful to harvest geoduck clams with any instrument that penetrates the skin, neck or body of the geoduck.
(7) It is unlawful to retain any food fish or shellfish other than geoduck clams during geoduck harvesting operations, except for horse clams (Tresus capax and Tresus nuttallii) when horse clam harvest is provided for under a DNR harvest agreement.
AMENDATORY SECTION (Amending WSR 12-23-016, filed 11/9/12, effective 12/10/12)
WAC 220-52-01903 Commercial geoduck harvest—Time and area restrictions.
(1) It is unlawful to harvest geoducks for commercial purposes during the following time and day restrictions:
(a) Between one-half hour before official sunset or 7:00 p.m., whichever is earlier, and 7:00 a.m.
(b) It is unlawful for a geoduck harvest vessel to be on a geoduck tract or harvest area after 7:30 p.m. or before 6:30 a.m.
(c) It is unlawful to take or fish for geoducks on Sundays or on state holidays as defined by the office of financial management.
(2) It is unlawful to take or fish for geoducks for commercial purposes outside the tract or harvest area designated in the department of natural resources harvest agreement required by WAC ((220-52-01901 and 220-52-01902)) 220-340-310 and 220-340-320.
(3) It is unlawful to harvest geoducks in areas deeper than 70 feet below mean lower low water (0.0 ft.).
(4) It is unlawful to possess geoducks taken in violation of this section.
(5) Violation of this section is a misdemeanor or class C felony punishable by RCW 77.15.550, depending on the circumstances of the violation or the value of the shellfish taken.
AMENDATORY SECTION (Amending WSR 12-23-016, filed 11/9/12, effective 12/10/12)
WAC 220-52-040 Commercial crab fishery—Unlawful acts.
(1) Crab size and sex restrictions. It is unlawful for any person acting for commercial purposes to take, possess, deliver, or otherwise control:
(a) Any female Dungeness crab; or
(b) Any male Dungeness crab measuring less than 6-1/4 inches, caliper measurement, at the widest part of the shell immediately in front of the points (tips).
(2) Violation of subsection (1) of this section is a gross misdemeanor or class C felony depending on the value of fish or shellfish taken, possessed, or delivered, punishable under RCW 77.15.550 (1)(c).
(3) Incidental catch may not be retained. It is unlawful to retain salmon, food fish, or any shellfish other than octopus that is taken incidental to any commercial crab fishing.
(4) Net fishing boats must not have crab on board. It is unlawful for any person to possess any crab on board a vessel geared or equipped with commercial net fishing gear while fishing with the net gear for commercial purposes or while commercial quantities of food fish or shellfish are on board. Violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.550(1), depending on the quantity of crab taken or possessed.
(5) Area must be open to commercial crabbing. It is unlawful for any person to set, maintain, or operate any baited or unbaited shellfish pots or ring nets for taking crab for commercial purposes in any area or time that is not open for commercial crabbing by rule of the department, except when acting lawfully under the authority of a valid gear recovery permit as provided in WAC ((220-52-045)) 220-340-450.
(6) Violation of subsection (5) of this section is a gross misdemeanor or class C felony punishable under RCW 77.15.550, or a gross misdemeanor punishable under RCW 77.15.522 depending on the circumstances of the violation.
(7) When it is unlawful to buy or land crab from the ocean without a crab vessel inspection. It is unlawful for any fisher, wholesale dealer, or buyer to land or purchase Dungeness crab taken from Grays Harbor, Willapa Bay, the Columbia River, or Washington coastal or adjacent waters of the Pacific Ocean from any vessel that has not been issued a Washington crab vessel inspection certificate during the first 30 days following the opening of a coastal crab season.
(a) Authorized department personnel will perform inspections for Washington crab vessel inspection certificates no earlier than 12 hours prior to the opening of the coastal crab season and during the following 30-day period.
(b) A Washington crab vessel inspection certificate may be issued to vessels made available for inspection at a Washington coastal port that:
(i) Are properly licensed commercial crab fishing; and
(ii) Contain no Dungeness crab on board the vessel.
(8) Violation of subsection (7) of this section is a gross misdemeanor, punishable under RCW 77.15.550 (1)(a) Violation of commercial fishing area or time—Penalty.
(9) Coastal - Barging of crab pots by undesignated vessels. It is unlawful for a vessel not designated on a Dungeness crab coastal fishery license to deploy crab pot gear except under the following conditions:
(a) The vessel deploys pot gear only during the 64-hour period immediately preceding the season opening date and during the 48-hour period immediately following the season opening date;
(b) The undesignated vessel carries no more than 250 crab pots at any one time; and
(c) The primary or alternate operator of the crab pot gear named on the license associated with the gear is on board the undesignated vessel while the gear is being deployed.
(10) Violation of subsection (9) of this section is a gross misdemeanor or class C felony punishable under RCW 77.15.500 Commercial fishing without a license—Penalty, depending on the circumstances of the violation.
AMENDATORY SECTION (Amending WSR 15-03-091, filed 1/21/15, effective 2/21/15)
WAC 220-52-041 Commercial crab fishery—Coastal Dungeness crab logbook requirements.
(1) It is unlawful for any vessel operator engaged in fishing for Dungeness crab in the coastal commercial fishery to fail to have in possession, and complete a department-issued logbook for all fishing activity occurring in Grays Harbor, Willapa Bay, the Columbia River, or the Pacific Ocean waters for all crab deliveries to a Washington port. For the purposes of this section, "delivery" is defined as provided in RCW 77.65.210.
(2) It is unlawful for any vessel operator engaged in fishing to fail to comply with the following method and time frame related to harvest logbook submittal and record keeping:
(a) The department must receive a copy of the completed logbook sheets within ten days following any calendar month in which fishing occurred. Completed Dungeness crab harvest logs must be sent to the following address: Washington Department of Fish and Wildlife, Attention: Coastal Dungeness Crab Manager, 48 Devonshire Rd., Montesano, WA 98563.
(b) Vessel operators engaged in fishing for Dungeness crab in the coastal commercial fishery must complete a logbook entry for each day fished prior to offloading. Vessel operators responsible for submitting logs to the department must maintain a copy of all submitted logs for no less than three years after the fishing activity ended.
(c) Vessel operators can obtain logbooks by contacting the department's coastal Dungeness crab manager at 360-249-4628.
(3) A violation of this section is an infraction, punishable under RCW 77.15.160.
AMENDATORY SECTION (Amending WSR 15-03-091, filed 1/21/15, effective 2/21/15)
WAC 220-52-042 Commercial crab fishery—Buoy tag, pot tag, and buoy requirements.
(1) Buoy tag and pot tag required.
(a) It is unlawful to place in the water, pull from the water, possess on the water, or transport on the water any crab buoy or crab pot without an attached buoy tag and pot tag that meet the requirements of this section, except as provided by (b) of this subsection. A violation of this subsection is punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
(b) Persons operating under a valid coastal gear recovery permit as provided in WAC ((220-52-045)) 220-340-450 may possess crab pots or buoys missing tags or bearing the tags of another license holder, provided the permittee adheres to provisions of the permit. Failure to adhere to the provisions of the permit is a gross misdemeanor, punishable under RCW 77.15.750 Unlawful use of a department permit—Penalty.
(2) Commercial crab fishery pot tag requirements: Each shellfish pot used in the commercial crab fishery must have a durable, nonbiodegradable tag securely attached to the pot that is permanently and legibly marked with the license owner's name or license number and telephone number. If the tag information is illegible, or the tag is lost for any reason, the pot is not in compliance with state law. A violation of this subsection is punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
(3) Commercial crab fishery buoy tag requirements.
(a) The department issues crab pot buoy tags to the owner of each commercial crab fishery license upon payment of an annual buoy tag fee per crab pot buoy tag. Prior to setting gear, each Puget Sound crab license holder must purchase 100 tags, and each coastal crab fisher must purchase 300 or 500 tags, depending on the crab pot limit assigned to the license.
(b) In coastal waters each crab pot must have the department-issued buoy tag securely attached to the first buoy on the crab pot buoy line (the buoy closest to the crab pot), and the buoy tag must be attached to the end of the first buoy, at the end away from the crab pot buoy line.
(c) In Puget Sound, all crab buoys must have the department-issued buoy tag attached to the outermost end of the buoy line.
(d) If there is more than one buoy attached to a pot, only one buoy tag is required.
(e) Replacement crab buoy tags.
(i) Puget Sound: The department only issues additional tags to replace lost tags to owners of Puget Sound commercial crab fishery licenses who obtain, complete, and sign a declaration, under penalty of perjury, in the presence of an authorized department employee. The declaration must state the number of buoy tags lost, the location and date where the licensee last observed lost gear or tags, and the presumed cause of the loss.
(ii) Coastal: The department only issues replacement buoy tags for the coastal crab fishery 15 days after the season is opened and after a signed affidavit is received by an authorized department employee. The affidavit must be signed by the primary or alternate operator fishing the commercial crab gear and state the number of buoy tags lost, the location and date where the licensee last observed lost gear or tags, and the presumed cause of the loss.
(A) Coastal crab license holders with a 300-pot limit may replace lost tags according to the following schedule:
(I) Period 1, up to 15 tags.
(II) Period 2, 10 additional tags with no more than 25 tags total issued through the end of Period 2.
(III) Period 3, 5 additional tags with no more than 30 tags total issued through the end of the season.
(B) Coastal crab license holders with a 500-pot limit may replace lost tags according to the following schedule:
(I) Period 1, up to 25 tags.
(II) Period 2, 15 additional tags with no more than 40 tags total issued through the end of Period 2.
(III) Period 3, 10 additional tags with no more than 50 tags total issued through the end of the season.
(C) Replacement tag periods are defined as follows:
(I) Period 1: The first business day after 15 days following the season opening through the next 30 days.
(II) Period 2: The first business day after the end of Period 1 through the next 30 days.
(III) Period 3: The first business day after the end of Period 2 through the end of the season.
(D) In the case of extraordinary loss of crab pot gear, the department may issue replacement tags in excess of the amount listed in this subsection on a case-by-case basis.
(4) A violation of subsection (3) of this section is a gross misdemeanor, punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
(5) Commercial crab fishery buoy requirements.
(a) All buoys attached to commercial crab gear must consist of a durable material and remain floating on the water's surface when 5 pounds of weight is attached.
(b) No buoys attached to commercial crab gear in Puget Sound may be both red and white in color unless a minimum of 30 percent of the surface of each buoy is also prominently marked with an additional color or colors other than red or white. Red and white colors are reserved for personal use crab gear as described in WAC ((220-56-320)) 220-330-020.
(c) It is unlawful for any coastal Dungeness crab fishery license holder to fish for crab unless the license holder has registered the buoy brand and buoy color(s) to be used with the license. A license holder may register only one unique buoy brand and one buoy color scheme with the department per license. Persons holding more than one state license must register buoy color(s) for each license that are distinctly different. The buoy color(s) will be shown in a color photograph.
(i) All buoys fished under a single license must be marked in a uniform manner with one buoy brand number registered by the license holder with the department and be of identical color or color combinations.
(ii) It is unlawful for a coastal Dungeness crab fishery license holder to fish for crab using any other buoy brand or color(s) than those registered with and assigned to the license by the department.
(6) Violation of subsection (5) of this section is a gross misdemeanor, punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
AMENDATORY SECTION (Amending WSR 12-04-034, filed 1/27/12, effective 2/27/12)
WAC 220-52-050 Commercial ocean pink shrimp trawl fishery—Coastal waters.
It is unlawful to fish for, possess or deliver ocean pink shrimp taken for commercial purposes from the waters of the Exclusive Economic Zone, except as provided for in this section:
Area
(1) It is unlawful to fish for ocean pink shrimp within the territorial boundaries of the state. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
Season
(2) It is unlawful to fish for, take, or possess on board a fishing vessel, pink shrimp, except during the following time: The open season for trawl gear is April 1 through October 31 of each year. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
Gear
(3) It is unlawful to fish with trawl gear for pink shrimp for commercial purposes unless an approved by-catch reduction device is used in each net. A by-catch reduction device, also known as a finfish excluder, uses a rigid panel or grate of narrowly spaced bars to guide fish out of an escape hole forward of the panel, generally in the top of the net. An approved by-catch reduction device must meet the following criteria:
(a) The exterior circumference of the rigid panel must fit completely within the interior circumference of the trawl net;
(b) None of the openings between the bars in the rigid panel may exceed 0.75 inches;
(c) The escape hole must, when spread open, expose a hole of at least 100 square inches; and
(d) The escape hole must be forward of the rigid panel and must begin within four meshes of the furthest aft point of attachment of the rigid panel to the net.
(4) It is unlawful to modify by-catch reduction devices in any way that interferes with their ability to allow fish to escape from the trawl, except as provided by special gear permit as described in subsection (5) of this section.
(5) Testing of by-catch reduction devices is allowed by special gear permit only, consistent with the terms and conditions of the permit.
(6) It is unlawful to remove trawl gear from the vessel prior to offloading shrimp without advance notification to WDFW enforcement. To provide advance notification, contact 360-902-2936, and then press zero when the recording begins.
(7) A violation of subsections (3) through (6) of this section is punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
(8) It is unlawful to land or deliver pink shrimp to an original receiver that exceeds the following count per pound restriction: The count per pound must average no more than 160 shrimp per pound for a minimum of two samples, increasing at a rate of one sample per one thousand pounds landed or in possession, up to a maximum requirement of twenty samples. Such samples shall consist of at least one pound each of whole, unbroken shrimp taken at random from throughout the individual load landed or in possession. This landing restriction shall apply only to loads of 3,000 pounds of shrimp or more. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
Incidental catch
(9) It is unlawful to take salmon incidental to any shrimp trawl fishery.
(10) It is unlawful to retain any bottomfish species taken incidental to any shrimp trawl fishery, except as provided for in WAC ((220-44-050)) 220-355-100.
(11) It is unlawful to retain any species of shellfish, except that it is permissible to:
(a) Retain up to 50 pounds round weight of other shrimp species taken incidentally in the ocean pink shrimp fishery; and
(b) Retain octopus or squid.
(12) A violation of subsections (9) through (11) of this section is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
License
(13) An ocean pink shrimp delivery license is required to operate the gear provided for in this section, and it allows the operator to retain shrimp taken in the waters of the Exclusive Economic Zone.
A violation of this subsection is punishable under RCW 77.15.500, Commercial fishing without a license—Penalty.
Permit
(14) It is unlawful to fish for, retain, land, or deliver shrimp taken with trawl gear without a valid shrimp trawl fishery permit.
(15) It is unlawful to take, retain, land, or deliver any shrimp or groundfish taken with trawl gear without complying with all provisions of a shrimp trawl fishery permit.
(16) A violation of subsection (14) or (15) of this section is punishable under RCW 77.15.750.
AMENDATORY SECTION (Amending WSR 11-07-106, filed 3/23/11, effective 4/23/11)
WAC 220-52-051 Commercial shrimp fishery—Puget Sound.
(1) A Puget Sound shrimp pot license or a Puget Sound shrimp trawl license will only be issued to an individual who is a natural person, and this person shall be the primary operator. Holders of Puget Sound shrimp pot licenses and Puget Sound shrimp trawl licenses may designate a single alternate operator per license.
(2) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using shellfish pot gear except during seasons opened by emergency rule:
(a) Gear restrictions -
(i) In all areas, maximum 100 pots per fisher except for dual licensees as provided for in RCW 77.70.410.
(ii) In all areas:
(A) Buoys must be orange in color and consist of durable material that will remain floating on the surface with five pounds attached; bleach or antifreeze bottles or other containers may not be used as floats.
(B) The line attaching the pot to the buoy must be weighted sufficiently to prevent the line from floating on the surface.
(C) The maximum perimeter of shrimp pots must not exceed ten feet and the maximum height must not exceed two feet.
(D) It is unlawful to set or pull shrimp pot gear from one hour after official sunset to one hour before official sunrise.
(b) Spot shrimp size restriction: It is unlawful to retain spot shrimp taken by shellfish pot gear that have a carapace length less than 1 and 3/16 inches. Carapace length is defined as the length between the posterior mid-dorsal margin to the posterior-most part of the eye-stalk orbit.
(c) Area restrictions:
(i) Pot gear closed in all Puget Sound Shrimp Districts except the Port Townsend Shrimp District.
(ii) Pot gear closed in Lopez Sound south of a line projected true east-west from the northern tip of Trump Island from the season opening through July 9th.
(3) It is unlawful to fish for shrimp for commercial purposes in Puget Sound using trawl gear except during seasons opened by emergency rule and authorized by a permit issued by the director.
(a) Gear restrictions - Beam trawl gear only. Otter trawl gear may not be used.
(i) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 20A, 20B, 21A, and 22A is 25 feet.
(ii) Maximum beam width in Marine Fish-Shellfish Management and Catch Reporting Areas 23A, 23B, 23C, 25A, 25B, and 29 is 60 feet.
(b) It is unlawful to retain spot shrimp.
(c) Area restrictions:
(i) Shrimp trawl fishing closed in all Puget Sound Shrimp Districts.
(ii) Shrimp trawl fishing closed in Lopez Sound south of a line projected true east-west from the northern tip of Trump Island from the season opening through July 9th.
(d) It is unlawful to fish for shrimp in Puget Sound with beam trawl gear in waters shallower than 100 feet.
(e) It is lawful to fish for shrimp in Puget Sound with beam trawl gear in Marine Fish-Shellfish Management and Catch Reporting Area 21A only in those waters north and west of a line from the southern tip of Sinclair Island to Carter Point on Lummi Island.
(f) The following restrictions apply to shrimp beam trawl harvest in Marine Fish-Shellfish Management and Catch Reporting Area 20A:
(i) Closed in waters east of a line from the southwest corner of Point Roberts to Sandy Point.
(ii) Closed in waters shallower than 20 fathoms.
(g) It is unlawful to operate shrimp beam trawl gear in Puget Sound from one hour after official sunset to one hour before official sunrise.
(h) It is unlawful to fish for, retain, land or deliver shrimp taken with trawl gear without a valid Puget Sound shrimp trawl fishery permit.
(i) It is unlawful to take, retain, land, or deliver any shrimp taken with trawl gear without complying with all provisions of a Puget Sound shrimp trawl fishery permit.
(j) A violation of this subsection is punishable under RCW 77.15.750.
(4) All shrimp taken in the Puget Sound commercial shrimp fishery must be landed and recorded on Washington state fish receiving tickets within 24 hours of harvest. No fisher may land shrimp without immediate delivery to a licensed wholesale dealer, or if transferred at sea, without transfer to a licensed wholesale dealer. A fisher who is a licensed wholesale dealer may complete and return a fish receiving ticket to satisfy the requirements of this subsection.
(5) For purposes of shrimp pot harvest allocation, fishing season, and catch reporting, the Marine Fish-Shellfish Management and Catch Reporting Areas (catch areas) are modified as follows:
(a) That portion of Catch Area 22A south of a line due east from the international boundary to Lime Kiln Point light on San Juan Island, then south of the shores of San Juan Island, then south of a line from Cattle Point on San Juan Island to Davis Point on Lopez Island, then south of the shores of Lopez Island to Point Colville shall be considered to be part of Catch Area 23A.
(b) Catch Area 23A is divided into four subareas:
(i) 23A-E (east) is those waters of Catch Area 23A east of 122°57'W. Long. and north of 48°22.5'N. Lat.
(ii) 23A-W (west) is those waters of Catch Area 23A west of 122°57'W. Long. and north of 48°22.5'N. Lat.
(iii) 23A-C (central) is those waters of Catch Area 23 south of 48°22.5'N. Lat. and east of a line projected 335° true from the Dungeness lighthouse.
(iv) 23A-S (south) is those waters of Catch Area 23A west of a line projected 335° true from the Dungeness lighthouse.
(c) Catch Area 26A is divided into two subareas:
(i) 26A-E (east) is those waters of Catch Area 26A north and east of a line projected 110 degrees true from the southern tip of Possession Point on Whidbey Island to the shipwreck on the opposite shore.
(ii) 26A-W (west) is those waters of Catch Area 26A south and west of a line projected 110 degrees true from the southern tip of Possession Point on Whidbey Island to the shipwreck on the opposite shore.
(d) Catch Area 26B is divided into two subareas:
(i) 26B-1 is those waters of Catch Area 26B westerly of a line projected from West Point to Alki Point.
(ii) 26B-2 is those waters easterly of a line projected from West Point to Alki Point.
(6) For purpose of shrimp trawl harvest allocation and catch reporting, 23A East is that portion of Catch Area 23A, east of a line projected true north from the Dungeness lighthouse. 23A West is that portion of Catch Area 23A, west of the line described herein.
(7) The following areas are defined as Puget Sound Shrimp Management Areas:
(a) Shrimp Management Area 1A: Waters of Catch Area 20B west of a line from Point Doughty on Orcas Island to the bell buoy at the international boundary, and all waters of Catch Area 22A west of a line projected true north and south from the western tip of Crane Island, west of a line projected from the number 2 buoy at the entrance to Fisherman Bay to the southern tip of Shaw Island.
(b) Shrimp Management Area 1B: Waters of Catch Area 20B east of a line from Point Doughty on Orcas Island to the bell buoy at the international boundary, and waters of Catch Area 22A east of a line projected true north and south from the western tip of Crane Island, east of a line projected from the number 2 buoy at the entrance to Fisherman Bay to the southern tip of Shaw Island, and east of a line projected true south from Point Colville, and all waters of Catch Area 21A north and west of a line from the southern tip of Sinclair Island to Carter Point on Lummi Island.
(c) Shrimp Management Area 1C: Waters of Catch Areas 20A, 21B, 22B, and waters of Catch Area 21A not included in Management Area 1B.
(d) Shrimp Management Area 2E: Waters of Catch Areas 24A, 24B, 24C, 24D, and 26A-E (east).
(e) Shrimp Management Area 2W: Waters of Catch Areas 25B, 25C, 25D, and 26A-W (west).
(f) Shrimp Management Area 3: Waters of Catch Areas 23A, 23B, 23C, 23D, 25A, 25E, and 29.
(g) Shrimp Management Area 4: Waters of Catch Areas 26B and 26C.
(h) Shrimp Management Area 5: Waters of Catch Areas 27A, 27B, and 27C.
(i) Shrimp Management Area 6: Waters of Catch Areas 26D, 28A, 28B, 28C, and 28D.
(8) In Shrimp Management Areas 1A, 1B and 1C, all catch must be reported by Management Area and Catch Area combined, either 1A-20B, 1A-22A, 1B-20B, 1B-21A, 1B-22A, 1C-20A, 1C-21A, 1C-21B, or 1C-22B.
AMENDATORY SECTION (Amending WSR 11-21-039, filed 10/11/11, effective 11/11/11)
WAC 220-52-052 Commercial ocean spot shrimp pot fishery—Coastal waters.
It is unlawful to fish for, possess, or deliver ocean spot shrimp (Pandalus platyceros) taken for commercial purposes from state waters west of the Bonilla-Tatoosh line, or from offshore waters, except as provided for in this section:
License and area
(1) It is unlawful to fish for, possess, or deliver spot shrimp taken for commercial purposes from state waters west of the Bonilla-Tatoosh line, or from offshore waters, unless the fisher has a valid Washington-coastal spot shrimp pot fishery license. A violation of this subsection is punishable under RCW 77.15.500, Commercial fishing without a license—Penalty.
(2) It is unlawful to fish for or possess spot shrimp or to set spot shrimp gear in waters of the Pacific Ocean adjacent to the state of Oregon without the licenses or permits required to commercially fish for spot shrimp within the state waters of Oregon. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
Season
(3) It is unlawful to fish for, take, or possess spot shrimp on board a commercial fishing vessel, except from March 15 through September 15 of each year. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
(4) The total allowable catch of spot shrimp taken from waters west of the Bonilla-Tatoosh line and from offshore waters during a calendar year is 200,000 pounds round weight. Of this 200,000 pounds round weight, no more than 100,000 pounds can be taken south of 47 degrees 04.00' N. latitude, and no more than 100,000 pounds can be taken north of 47 degrees 04.00' N. latitude.
Gear
(5) It is unlawful to fish with spot shrimp pot gear for commercial purposes if the pots exceed a maximum 153-inch bottom perimeter and a maximum 24-inch height. It is unlawful to possess spot shrimp taken with spot shrimp pot gear that exceeds a maximum 153-inch bottom perimeter and a maximum 24-inch height.
(a) Shrimp pot gear must be constructed with net webbing or rigid mesh. At least 50 percent of the net webbing or mesh covering the sides of the pot must easily allow passage of a seven-eighths inch diameter dowel.
(b) Pot gear is required to have an escape mechanism as provided for in WAC ((220-52-035)) 220-340-060.
(c) Set line end marker buoys must be floating and visible on the surface of the water, equipped with a pole, flag, radar reflector, and operating light, and marked with the clear identification of the license holder and the vessel designated on the coastal spot shrimp pot license.
(6) It is unlawful to fish for spot shrimp for commercial purposes with more than a maximum of 500 pots. It is unlawful to possess spot shrimp taken for commercial purposes with more than a maximum of 500 pots.
(7) A violation of subsection (5) or (6) of this section is punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
Incidental catch
(8) It is unlawful for persons fishing in any coastal spot shrimp fishery to deliver spot shrimp while having on board the fishing vessel any bottomfish taken in the coastal bottomfish fishery under WAC ((220-44-050)) 220-355-100.
(9) It is unlawful to retain any species of finfish or shellfish taken with spot shrimp pot gear, except octopus, squid, or up to 50 pounds round weight of other shrimp species taken incidentally with spot shrimp pot gear.
(10) A violation of subsection (8) or (9) of this section is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
Harvest logs
(11) It is unlawful for any spot shrimp pot fishery license holder or vessel operator engaged in fishing for spot shrimp in the coastal commercial spot shrimp fishery to fail to complete a department-issued harvest log for all fishing activity in state or offshore waters.
(12) It is unlawful for any vessel operator engaged in fishing for spot shrimp for commercial purposes to fail to comply with the following method and time frame related to harvest log submittal and recordkeeping:
(a) Completed harvest logs must be submitted so that the department receives them within ten days following any calendar month in which fishing occurred. Washington-coastal spot shrimp pot license holders can submit the completed harvest logs to a WDFW employee upon request, or mail the completed harvest logs to Washington Department of Fish and Wildlife, Attention: Coastal Spot Shrimp Manager, 48 Devonshire Rd., Montesano, WA 98563.
(b) Washington-coastal spot shrimp pot license holders or vessel operators engaged in fishing for spot shrimp in the coastal commercial fishery must complete a harvest log entry for each day fished, prior to offloading the spot shrimp. Washington-coastal spot shrimp pot license holders must maintain a copy of all submitted harvest log entries for no less than three years after the fishing activity ended.
(c) Washington-coastal spot shrimp pot license holders or vessel operators can obtain a harvest logbook by contacting the department's coastal spot shrimp manager at 360-249-4628.
(13) A violation of subsection (11) or (12) of this section is a misdemeanor, punishable under RCW 77.15.280, Reporting of fish or wildlife harvest—Rules violation—Penalty.
Permit
(14) It is unlawful to fish for, retain, land, or deliver spot shrimp taken with pot gear for commercial purposes without a valid coastal spot shrimp pot fishery permit.
(15) It is unlawful to take, retain, land, or deliver any spot shrimp taken with pot gear without complying with all provisions of a coastal spot shrimp pot fishery permit.
(16) A violation of subsection (14) or (15) of this section is punishable under RCW 77.15.750, Unlawful use of a department permit—Penalty.
AMENDATORY SECTION (Amending WSR 01-02-057, filed 12/29/00, effective 1/29/01)
WAC 220-52-063 Commercial octopus fishery.
It shall be unlawful to possess octopus for commercial purposes except octopus taken incidentally to any lawful bottom fish or shellfish fishery, except that it shall be unlawful for divers to take octopus for commercial purposes except as authorized by permit issued by the director for display or scientific purposes.
AMENDATORY SECTION (Amending WSR 94-12-009, filed 5/19/94, effective 6/19/94)
WAC 220-52-066 Commercial squid fishery.
(1) It is lawful at any time to take or fish for squid for commercial purposes with drag seine gear not exceeding 350 feet in length and having meshes of not less than 1-1/4 inches stretch measure, dip bag net, brail, and squid jigging gear. Dip bag net and brail may not exceed 10 feet in diameter nor have a mesh less than one inch stretch measure. Other gear may be used to fish for squid commercially if authorized by a permit issued by the director.
(2) Food fish, other shellfish except octopus, and squid eggs caught while fishing for squid must be returned to the water immediately. It is lawful to retain for commercial purposes squid taken incidental to another commercial fishery.
(3) Each vessel fishing for squid may use a lighting system with a combined power of not more than 10 kilowatts (10,000 watts). Lights of 200 watts or greater must be shielded and may not be directed to any point more than 100 feet from the vessel while fishing for or attracting squid.
(4) It is unlawful to fish for squid for commercial purposes within 1/4 mile of the shoreline of an incorporated city or town.
(5) Licensing: A squid fishery license is the license required to operate the gear provided for in this section.
AMENDATORY SECTION (Amending WSR 10-03-087, filed 1/19/10, effective 2/19/10)
WAC 220-52-068 Commercial scallop fishery—Coastal waters.
(1) It is unlawful to fish for or possess scallops taken for commercial purposes from the waters of the Exclusive Economic Zone.
(2) It is unlawful to trawl for scallops in Washington territorial waters west of the Bonilla-Tatoosh line or in Marine Fish-Shellfish Management and Catch Reporting Area 29.
AMENDATORY SECTION (Amending WSR 14-02-016, filed 12/19/13, effective 1/19/14)
WAC 220-52-069 Commercial scallop fishery—Puget Sound.
(1) Licensing and permits:
(a) It is unlawful to fish for, take, or possess scallops with shellfish dive gear without a valid shellfish dive fishery license. A violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.500, Commercial fishing without a license—Penalty, depending on the circumstances of the violation.
(b) It is unlawful to fish for, take, or possess rock or weathervane scallops for commercial purposes from Puget Sound unless a person first obtains a valid scallop brood stock collection permit issued by the department. A violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.500, violation of commercial fishing without a license—Penalty, depending on the circumstances of the violation.
(c) It is unlawful to harvest scallops for brood stock or culture purposes in a manner that violates scallop brood stock collection permit provisions. Scallop brood stock collection permit provisions include, but are not limited to, the location, date and time restrictions on harvest, and the species and quantity of scallops the permit holder may take for brood stock or culture purposes. A violation of this subsection is a misdemeanor, punishable under RCW 77.15.750, Unlawful use of a department permit—Penalty.
(2) Harvest areas and seasons.
(a) It is unlawful to take or possess pink or spiny scallops for commercial purposes, except during open scallop harvest seasons from open shellfish management areas as provided by emergency rule.
(b) It is unlawful to fish for, take, or possess scallops from the closed waters in Sea Urchin Districts 1, 2, 5, and 7 as defined in WAC ((220-52-073)) 220-340-750.
(c) It is unlawful to fish for or take pink or spiny scallops from official sunset through 5:59 a.m. the following morning.
(3) A violation of subsection (2) of this section is a gross misdemeanor or class C felony punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty, depending on the circumstances of the violation.
(4) Size limits: It is unlawful to take or possess pink or spiny scallops less than 2 inches in length, measured from the hinge to the outer margin of the shell. A violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
(5) Shellfish dive gear and harvest vessel restrictions:
(a) It is unlawful to fish for, take, or possess pink or spiny scallops by any means other than by hand with shellfish dive gear. A violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
(b) It is unlawful to operate a vessel engaged in scallop harvest operations unless the vessel registration number assigned by the department is properly displayed as provided by department rule. A violation of this subsection is a misdemeanor punishable under RCW 77.15.540, Unlawful use of a commercial fishery license—Penalty.
(c) It is unlawful for more than one diver from a harvest vessel to be in the water at any one time during pink or spiny scallop harvest operations or when commercial quantities of pink or spiny scallops are on board the vessel. A violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
(d) It is unlawful for a vessel engaged in the harvest of pink or spiny scallops to have through-hull fittings for water discharge hoses to be below the surface of the water. Through-hull fittings above the water line must be visible at all times. A violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
(e) It is unlawful to possess a single hose or combination of hoses capable of measuring longer than thirty feet or water jet nozzles onboard a vessel engaged in the commercial pink or spiny scallop fishery. A violation of this subsection is a gross misdemeanor punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
(6) Possession restrictions: It is unlawful to possess geoduck clams during pink or spiny scallop harvest operations, or possess geoduck clams on a vessel that has pink or spiny scallops on board. A violation of this subsection is a gross misdemeanor or class C felony punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty, depending on the circumstances of the violation.
AMENDATORY SECTION (Amending WSR 94-12-009, filed 5/19/94, effective 6/19/94)
WAC 220-52-070 Commercial goose barnacle fishery.
(1) It is unlawful to take or possess Pacific goose barnacles taken for commercial purposes without having first obtained a permit to do so issued by the director.
(2) Licensing: An emerging commercial fishery license is the license required for a permittee to retain goose barnacles.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 07-05-051, filed 2/16/07, effective 3/19/07)
WAC 220-55-070 Valid catch record card.
A catch record card shall be invalid unless:
(1) The angler has in physical possession the appropriate recreational license and catch record card for the area in which the angler is participating, if a license and/or a catch record card is required.
(2) The catch record card number is written in ink in the appropriate space on the back of the recreational license, if a license is required, and the personal information has been entered on the catch record card as required under WAC ((220-56-175)) 220-310-020, or, if an automated license is issued, the catch record card has attached to it a validation sticker containing the name and license number.
(3) The license issuance date is legible and not altered, and the license has not been mutilated.
AMENDATORY SECTION (Amending WSR 16-17-008, filed 8/4/16, effective 9/4/16)
WAC 220-55-220 Two-pole endorsement.
Anglers who possess a valid two-pole endorsement may fish with two lines in all lakes and ponds open to fishing, with the following exceptions:
Anglers who possess a valid two-pole endorsement may fish with two lines in the following river sections:
Anglers who possess a valid two-pole endorsement may fish for salmon with two lines in the following marine areas:
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 15-11-042, filed 5/14/15, effective 6/14/15)
WAC 220-56-100 Definitions—Personal-use fishing.
The following definitions apply to personal use fishing rules in Title((s)) 220 ((and 232)) WAC:
(1) "Anadromous game fish" means steelhead, sea-run cutthroat trout, and sea-run Dolly Varden and bull trout.
(2) "Anti-snagging rule" means:
(a) Except when fishing with a buoyant lure (with no weights added to the lure or line) or trolling from a vessel or floating device, terminal fishing gear is limited to a lure or bait with one single point hook.
(b) Only single point hooks measuring not more then 3/4 inch from point to shank may be used and all hooks must be attached to or below the lure or bait.
(c) Weights may not be attached below or less than 12 inches above the lure or bait.
(3) "Bait" means any substance which attracts fish by scent or flavors. Bait includes any lure which uses scent or flavoring to attract fish.
(4) "Barbless hook" means a hook on which all barbs have been deleted when manufactured or filed off or pinched down.
(5) "Bass" means largemouth and smallmouth bass.
(6) "Bow and arrow fishing" means any method of taking, or attempting to take, 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.
(7) "Buoy 10 line" means a true north-south line projected through Buoy 10 at the mouth of the Columbia River. "Buoy 10 fishery" means a fishery between a line in the Columbia River from Tongue Point in Oregon to Rocky Point in Washington and the Buoy 10 line.
(8) "Buoyant lure" means a lure that floats on the surface of freshwater when no additional weight is applied to the line or lure, and when not being retrieved by a line.
(9) "Channel Marker 13 line" means a true north-south line through Grays Harbor Channel Marker 13.
(10) "Daily limit" means the maximum number or pounds of fish, shellfish, or seaweed of the required size of a given species or aggregate of species which a person may retain in a single day.
(11) "Fresh" means fish or shellfish that are refrigerated, iced, salted, or surface glazed.
(12) "Freshwater area" means:
(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.
(13) "Frozen" means fish or shellfish that are hard frozen throughout.
(14) "Gaffing" means an effort to take fish by impaling the fish with a hook attached directly to a pole or other device.
(15) "Hatchery" when used to describe the difference between a hatchery fish and a nonhatchery fish, except salmon, means a fish having a clipped adipose fin or a clipped ventral fin with a healed scar at the location of the clipped fin. A hatchery salmon is a salmon having a clipped adipose fin and a healed scar at the location of the clipped fin, regardless of whether the fish is missing a ventral fin.
(16) "Hook" means one single point, double or treble hook. A "single point hook" means a hook having only one 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.
(17) "Hook and line" or "angling" are identical in meaning and, except as provided in WAC ((220-56-115)) 220-310-110, are defined as the use of not more than one line with three hooks 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 bottom fish, "angling" and "jigging" are identical in meaning.
(18) "In the field or in transit" means at any place other than at the ordinary residence of the harvester. An ordinary residence is a residential dwelling where a person normally lives, with associated features such as address, telephone number, utility account, etc. A motor home or camper parked at a campsite or a vessel are not considered to be an ordinary residence.
(19) "Juvenile" means a person under fifteen year of age.
(20) "Lure" means a manufactured article constructed of feathers, hair, fiber, wood, metal, glass, cork, leather, rubber or plastic which does not use scent or flavoring to attract fish. "Nonbuoyant lure" means a lure complete with hooks, swivels or other attachments, which does not float in freshwater.
(21) "Night closure" means closed to fishing from one hour after official sunset to one hour before official sunrise.
(22) "Opening day of lowland lake season" means the fourth Saturday in April.
(23) "Possession limit" means the number of daily limits allowed to be retained in the field or in transit.
(24) "Processed" means fish or shellfish which have been processed by heat for human consumption as kippered, smoked, boiled, or canned.
(25) "Steelhead license year limit" means the maximum number of steelhead trout any one angler may retain from April 1st through the following March 31st.
(26) "Selective gear rules" means terminal fishing gear is limited to artificial flies with barbless single hooks or lures with barbless single hooks and bait is prohibited. Up to three hooks may be used. Only knotless nets may be used to land fish. In waters under selective gear rules, fish may be released until the daily limit is retained.
(27) "Slough" means any swamp, marsh, bog, pond, side-channel, or backwater connected to a river by water. Waters called sloughs that are not connected to a river are considered lakes.
(28) "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.
(29) "Spearing" or "spear fishing" means an effort to take fish or shellfish by impaling the fish or shellfish on a shaft, arrow or other device.
(30) "Stationary gear restriction" means the line and weight and lure or bait must be moving while in the water. The line and weight and lure or bait may not be stationary.
(31) "Steelhead" means sea-run rainbow trout over twenty inches in length.
(32) "Trolling" means a method of fishing from a vessel or floating device that is underway and under power.
(33) "Unmarked salmon" means a salmon with intact adipose and ventral fins.
(34) "Trout" means brown trout, bull trout, cutthroat trout, Dolly Varden, Eastern brook trout, golden trout, grayling, Kokanee (silver trout), lake trout, rainbow trout, tiger trout, and, in WAC ((220-310-175)) 220-312-010 through ((220-310-200)) 220-312-060, salmon from waters designated as "landlocked salmon rules apply."
(35) "Whitefish gear rules" means terminal fishing gear is restricted to one single hook, maximum hook size three-sixteenths inch point to shank (hook size 14), and bait is allowed. All species: Release all fish except whitefish.
(36) "Wild" when used to describe the difference between a hatchery fish and a nonhatchery fish, except salmon, means a fish with all fins intact.
(37) "Wild" when used to describe a salmon (Chinook, coho, chum, pink or sockeye), means a salmon with an unclipped adipose fin, regardless of whether the fish is ventral fin-clipped. A salmon with a clipped adipose fin and a healed scar at the site of the clipped fin is not a wild salmon.
(38) "Wild cutthroat release" means it is unlawful to retain any cutthroat trout that does not have a clipped adipose fin and a healed scar at the location of the clipped fin.
(39) "Wild steelhead release" means it is unlawful to retain any steelhead that does not have a clipped adipose or ventral fin and a healed scar at the location of the clipped fin.
AMENDATORY SECTION (Amending WSR 15-13-081, filed 6/12/15, effective 7/13/15)
WAC 220-56-105 Geographical definitions—River mouth definitions.
When pertaining to angling, unless otherwise defined, any reference to the mouths of rivers or streams includes 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" means those lands not covered by water during an ordinary high tide. The following river mouths are hereby otherwise defined:
AMENDATORY SECTION (Amending WSR 14-15-006, filed 7/2/14, effective 8/2/14)
WAC 220-56-107 Definitions—Fishing hours.
(1) It is permissible to fish for food fish, game fish, and unclassified fish twenty-four hours per day during any open period for the species, except as otherwise provided. Unless otherwise provided, fishing seasons open at 12:01 a.m. on the first day and end at 11:59 p.m. on the last day of any season.
(2) It is unlawful to fish for the following species during the following times and within the following areas:
(a) ((It is unlawful to fish for salmon at night in the Hoodsport Hatchery zone as provided in WAC 220-56-124.
(b))) It is unlawful to fish for any species during night closures as provided in department rule.
(((c))) (b) It is unlawful to fish for sturgeon in freshwater, except the Chehalis River, during the night closure provided in WAC ((220-56-282)) 220-316-010 (6)(k).
(((d))) (c) It is unlawful to fish for smelt in Puget Sound from 10:00 p.m. to 6:00 a.m. unless the person fishes for smelt using forage fish jig gear.
AMENDATORY SECTION (Amending WSR 85-11-020, filed 5/10/85)
WAC 220-56-110 Possession of personal-use food fish and shellfish.
(1) The personal-use possession limit of food fish shall include all fresh, frozen, canned and other processed fish in the immediate possession of an individual, together with fish held for him by a custom canner or processor, and fish consigned by him for processing, preserving, storing, or transporting to a place other than where such food fish were taken.
(2) It shall be unlawful for any custom canner, or any person operating as a canner or processor of personal-use catches of food fish to accept, process or hold in the name of an individual more than his lawful possession limit.
(3) Custom canners or processors of personal-use food fish or shellfish, resort operators and others who hold fish on their premises for sport fishermen, shall maintain accurate written accounts of such fish. These records shall be made available for inspection by the department of fisheries, and shall contain the name, signature and permanent address of the taker, the date and area of catch; the number, weight, species and date submitted for processing or holding and the final quantities processed by numbers of units.
(4) It shall be unlawful for any commercial fish dealer, cold storage plant operator, restaurant or hotel to store or have in possession any food fish or shellfish taken by any person for personal use, unless it is identified by tags attached bearing the names and addresses of the persons taking such food fish or shellfish.
(5) It shall be unlawful for any person taking food fish or shellfish for personal use to intermingle his catch or part of his catch with that of any duly licensed person taking food fish or shellfish for commercial purposes except for commercially caught fish retained for personal use as provided for in WAC ((220-20-016 and 220-20-021)) 220-354-030 and 220-353-110.
AMENDATORY SECTION (Amending WSR 17-01-085, filed 12/16/16, effective 1/16/17)
WAC 220-56-115 Angling gear—Lawful and unlawful acts.
(1) It is unlawful for any person to use more than one line while angling for personal use, except:
(a) Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing in lakes, ponds, and reservoirs open to fishing unless listed as an exception in WAC ((220-55-220)) 220-220-160. Anglers in possession of a valid two-pole endorsement may use up to two lines while fishing in rivers and marine areas as noted in WAC ((220-55-220 and 220-310-175 through 220-310-200)) 220-220-160 and 220-312-010 through 220-312-060.
(b) A second line using forage fish jigger gear is permissible while fishing in Catch Record Card Areas 5, 6, 7, 8-1, 8-2, 9, 10, 11, and 13.
(c) When fishing outside 3 miles from shore in Pacific Ocean waters for tuna species, anglers are not restricted on the number of rods or lines fished per angler, provided that no other species are possessed onboard the vessel. A violation of this subsection is an infraction, punishable under RCW 77.15.160, Infractions.
(2) It is unlawful for any person to take, fish for, or possess fish taken for personal use by any means other than angling with a line attached to a pole held in hand while landing the fish or with a hand-operated line without rod or reel, except:
(a) It is unlawful to fish for or possess salmon taken for personal use with hand lines in marine waters of Puget Sound east of the mouth of the Sekiu River and in Washington waters at the mouth of the Columbia River east of a line projected true north and south through Buoy 10, Grays Harbor, and Willapa Bay.
(b) It is permissible to leave a pole in a pole holder while playing or landing the fish if the pole is capable of being readily removed from the pole holder.
(c) It is permissible to use an electric power-operated reel designed for sport fishing attached to a pole.
(3) It is unlawful for any person while angling to fail to keep his angling gear under his or her direct and immediate physical control.
(4) In areas where a saltwater license is valid, each fisher aboard a vessel may continue to deploy angling gear or shellfish gear until the daily limit of food fish or shellfish for all licensed anglers and juvenile anglers aboard has been retained.
(5) In Catch Record Card Area 4 east of the Bonilla-Tatoosh line and Areas 5 through 13: It is unlawful for any person to take, fish for, or possess bottomfish or halibut taken for personal use, to fail to have onboard the vessel a fish descending or fish recompression device, rigged for immediate use, and capable of rapidly returning fish to depth of capture.
(6) A violation of this section is an infraction, punishable under RCW 77.15.160, unless the person has harvested fish or shellfish. If the person has harvested fish or shellfish, the violation is punishable under RCW 77.15.380, Unlawful recreational fishing in the second degree—Penalty, unless the fish or shellfish are taken in the amounts or manner to constitute a violation of RCW 77.15.370, Unlawful recreational fishing in the first degree—Penalty.
(7) It is unlawful to possess fish or shellfish taken with gear in violation of the provisions of this section. Possession of fish or shellfish while using gear in violation of the provisions of this section is a rebuttable presumption that the fish or shellfish were taken with such gear. Possession of such fish or shellfish is punishable under RCW 77.15.380, Unlawful recreational fishing in the second degree—Penalty, unless the fish or shellfish are taken in the amounts or manner to constitute a violation of RCW 77.15.370, Unlawful recreational fishing in the first degree—Penalty.
AMENDATORY SECTION (Amending WSR 10-07-105, filed 3/19/10, effective 5/1/10)
WAC 220-56-116 Statewide saltwater hook rules.
(1) It is unlawful to use more than two hooks to fish in saltwater, except for forage fish jigger gear and squid jig gear, and when fishing from the north jetty of the Columbia River.
(2) It is unlawful to use barbed hooks in Marine Areas 5-13, except for forage fish jigger gear.
(3) It is unlawful to use other than one single-point barbless hook to fish for sturgeon.
(4) It is unlawful to use other than single-point barbless hooks to fish for salmon in Marine Areas 1-13.
(5) It is unlawful to fish for or possess salmon taken with terminal gear hooks in violation of anti-snagging rule in the following saltwater areas during the periods indicated: Budd Inlet waters south of a line projected true west from the KGY radio station to the mainland and north of the closed zone provided for in WAC ((220-56-128)) 220-310-030 - July 16 through October 31.
(6) It is unlawful to use forage fish jig gear, and anti-snagging rule and night closure in effect, in the Duwamish Waterway downstream from the First Avenue South Bridge to an east-west line through Southwest Hanford Street on Harbor Island parallel to Southwest Spokane Street where it crosses Harbor Island - July 1 through October 31.
(7) Use of gear in violation of this section is an infraction, punishable under RCW 77.15.160.
(8) It is unlawful to possess fish or shellfish taken with gear in violation of the provisions of this section. Possession of fish or shellfish while using gear in violation of the provisions of this section is a rebuttable presumption that the fish or shellfish were taken with such gear. Possession of such fish or shellfish is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree—Penalty, unless the fish or shellfish are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree—Penalty.
AMENDATORY SECTION (Amending WSR 13-20-021, filed 9/23/13, effective 10/24/13)
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 Thriftway Market Building to a point 100 yards north of the railroad bridge located on the western side of the inlet opposite the Thriftway 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 and waters within the channel created when tidelands are exposed 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 except it is lawful to fish with gear meeting the fly fishing only requirements of WAC ((220-56-210)) 220-310-150 except it is unlawful to use lead core fly line. Use of gear other than fly fishing gear or use of a lead core line in violation of this subsection is an infraction, punishable under RCW 77.15.160. It is unlawful to retain any fish taken during the period January 1 through March 31.
(14) Chief Joseph Dam - Closed to fishing from the Okanogan County shore between the dam and the Highway 17 Bridge. Closed to fishing from a floating device downstream of Chief Joseph Dam to the Corps of Engineers Safety Zone Marker.
(15) 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.
(16) 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.
(17) Priest Rapids Dam - Waters between the upstream line of Priest Rapids Dam and boundary markers 650 feet below the fish ladders.
(18) 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.
(19) 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.
(20) 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.
(21) 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.
(22) 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.
(23) The waters of Catch Area 12 are closed at all times to the taking of food fish other than salmon. However, persons with disabilities who permanently use a wheelchair and who have a designated harvester card under WAC ((220-55-065)) 220-220-240 may fish from the ADA-access site at the Hoodsport Salmon Hatchery, as long as such persons follow all department rules that apply to the adjoining waters of Marine Area 12.
(24) Freshwater Bay - Waters south of a line from Angeles Point to Observatory Point (Bachelor Rock) are closed July 1 through October 31.
(25) Tulalip Bay - Waters east of line from Mission Point to Hermosa Point are closed at all times.
(26) Waters of Catch Record Card Area 13 within 500 yards of the Toliva Shoal buoy are closed to fishing for food fish June 16 through April 30 and closed to rockfish year-round.
AMENDATORY SECTION (Amending WSR 12-11-089, filed 5/18/12, effective 6/18/12)
WAC 220-56-129 Unclassified freshwater invertebrates and fish.
(1) Definitions. For purposes of this section, "freshwater clams and mussels" means all freshwater bivalves existing in Washington in a wild state, except prohibited aquatic animal species classified under WAC ((232-12-090)) 220-640-040.
(2) It is unlawful for any person to take or possess freshwater clams and mussels taken for personal use. Freshwater clams and mussels include all bodily parts but does not include five pounds or less of relic shells of freshwater clams and mussels. A relic (dead) shell is defined as one which apparently died of natural causes and contains no meat or soft parts: It readily exhibits noticeable sediment, vegetation, algal or mineral stains, discolorations, soiling, weathering or other visual evidence on its interior surface which clearly and unambiguously shows the shell has not been cooked-out or freshly cleaned. No license or permit is required to take or possess up to five pounds of relic shells per day. It is unlawful to take or possess more than five pounds of relic shells without first obtaining a scientific collection permit.
(3) It is unlawful to retain any freshwater fish not classified as a food fish or game fish, with the exception of northern pike when taken in accordance with WAC ((220-12-090)) 220-640-040.
(4) It is unlawful for any person to take, fish for or possess Pacific lamprey, western brook lamprey, or river lamprey taken for personal use.
(5) Violation of this rule is punishable under RCW ((77.15.140)) 77.15.260.
AMENDATORY SECTION (Amending WSR 04-07-009, filed 3/4/04, effective 5/1/04)
WAC 220-56-150 Unlawful to take another's limit.
It is unlawful for any person to catch, dig or possess fish or shellfish for another person except designated harvesters as provided in WAC ((220-55-065)) 220-220-240.
AMENDATORY SECTION (Amending WSR 15-11-042, filed 5/14/15, effective 6/14/15)
WAC 220-56-175 Catch record cards.
It is unlawful for any person to fail to comply with the catch record requirements as provided for in this section:
(1) An angler must obtain and have in his or her personal possession a valid and appropriate Puget Sound Dungeness crab catch record card as described in WAC ((220-69-236)) 220-310-010 to fish for or possess for personal use any Dungeness crab in Catch Record Card Area 4 east of the Bonilla-Tatoosh Line, and in Catch Record Card Areas 5-13.
(2) An angler must obtain and have in his or her personal possession a valid and appropriate catch record card as described in WAC ((220-69-236)) 220-310-010 to fish for or possess for personal use any anadromous salmon, sturgeon, halibut, or steelhead except a catch record card is not required for:
(a) Commercially caught salmon retained for personal use, as provided in WAC ((220-20-016)) 220-354-030, and commercially caught sturgeon retained for personal use, as provided in WAC ((220-20-021)) 220-353-110; and
(b) Landlocked steelhead or for salmon in waters designated as "landlocked salmon rules apply" in WAC ((220-310-175)) 220-312-010 through ((220-310-200)) 220-312-060.
(3) Anglers must completely, accurately, and legibly complete all personal identification information in ink on the catch record card before detaching the card from its underlying copy or, for automated licenses, affixing the appropriate validation sticker to the catch record card to validate a catch record card. A catch record card remains valid as long as there is one or more unfilled spaces available for the species being fished for, except:
(a) A catch record card remains valid for catch-and-release sturgeon fishing when the sturgeon portion of the card is full in the mainstem Columbia River downstream from where the river forms the common boundary between Oregon and Washington.
(b) It is unlawful to use a second or subsequent catch record card to retain sturgeon or wild steelhead after the first card is full.
(4) Immediately upon catching and possessing a salmon, steelhead, sturgeon or halibut, anglers must enter, in ink, in the appropriate space on the card, the place, date of catch, and species (catch type). For sturgeon, anglers also must record the length of the fish; for halibut, anglers also must record the vessel type; and for salmon, anglers also must indicate whether or not the fish was marked by having clipped adipose fins.
(5) Immediately upon retaining a Puget Sound Dungeness crab aboard a vessel or on the shore, fishers must enter, in ink, in the appropriate space on the Puget Sound Dungeness crab catch record card, the place and date of catch, the fishery type, and a tally mark for each Dungeness crab retained from each catch record card area fished. At the end of the fishing day, the fisher must enter the total number of crab tally marks for each fishery type.
(6)(a) Every person issued a catch record card must, by April 30 of the year after they used the card, return the card to the department of fish and wildlife. People issued a Puget Sound Dungeness crab catch record card must return the card to the Washington department of fish and wildlife or report the card information at the designated internet site by the dates indicated on the card.
(b) Failure to return a Dungeness crab catch record card or to report the Dungeness crab catch record card information at the designated internet site by the dates indicated on the card will result in a ten-dollar administrative fee. The administrative fee will be collected from anglers when they acquire a subsequent Puget Sound Dungeness crab endorsement.
(7) Any person possessing a catch record card must show the card to any law enforcement officer or authorized department employee who asks to inspect the card.
(8) A catch record card must not be transferred, borrowed, altered, or loaned to another person, except as authorized under RCW 77.32.565.
AMENDATORY SECTION (Amending WSR 12-08-033, filed 3/29/12, effective 4/29/12)
WAC 220-56-255 Halibut—Seasons—Daily and possession limits.
(1) It is unlawful to fish for or possess halibut taken for personal use except from the areas or in excess of the amounts provided for in this section:
(a) Catch Record Card Area 1: Open on the first Thursday in May or May 1, if May 1 is a Friday or Saturday, through the third Saturday in July, from 12:01 a.m. each Thursday through 11:59 p.m. each Saturday. The fishery will reopen on the first Friday in August through September 30, from 12:01 a.m. each Friday through 11:59 p.m. each Sunday. By-catch restriction: It is unlawful during any vessel trip to bring into port or land bottomfish, except sablefish or Pacific cod, if the vessel has brought halibut into port or landed halibut.
(b) Catch Record Card Area 2:
(i) The northern near shore fishery takes place in those waters from 47°31.70'N. lat. south to 46°58.00'N. lat. and east of a boundary line approximating the 30 fathom depth contour as defined by the following coordinates:
47°31.70'N. lat., 124°37.03'W. long.
47°25.67'N. lat., 124°34.79'W. long.
47°12.82'N. lat., 124°29.12'W. long.
46°58.00'N. lat., 124°24.24'W. long.
Open on the first Sunday in May through September 30 on days that all other waters in Area 2 are open, as specified in (b)(ii) of this subsection, and from 12:01 a.m. each Thursday through 11:59 p.m. each Sunday.
(ii) All other waters in Area 2 - Open on the first Sunday in May through the third Sunday in May from 12:01 a.m. through 11:59 p.m. each Sunday, and from 12:01 a.m. through 11:59 p.m. each Tuesday. Beginning on the third Sunday in May through September 30, the halibut fishery will be open from 12:01 a.m. through 11:59 p.m. each Sunday.
(iii) From March 15 through June 15, it is unlawful to fish for or possess bottomfish, except rockfish, seaward of line approximating the 30-fathom depth contour as defined by the coordinates below. However, a person may fish for and retain sablefish and Pacific cod from May 1 through June 15 and retain lingcod on days open during the primary halibut season as described in (b)(ii) of this subsection, seaward of a line approximating the 30-fathom depth contour as defined by the coordinates below:
47°31.70'N. lat., 124°37.03'W. long.
47°25.67'N. lat., 124°34.79'W. long.
47°12.82'N. lat., 124°29.12'W. long.
46°52.94'N. lat., 124°22.58'W. long.
46°44.18'N. lat., 124°18.00'W. long.
46°38.17'N. lat., 124°15.88'W. long.
(c) Catch Record Card Areas 3 and 4 - Open the first Thursday between May 9 and May 15 of each year through September 30, from 12:01 a.m. through 11:59 p.m. each Thursday, and from 12:01 a.m. through 11:59 p.m. each Saturday. The following area southwest of Cape Flattery is closed to halibut fishing at all times:
Those waters within an eastward-facing C-shaped closed area defined as: Beginning at 48°18'N. lat., 125°18'W. long.; thence to 48°18'N. lat., 124°59'W. long.; thence to 48°11'N. lat., 124°59'W. long.; thence to 48°11'N. lat., 125°11'W. long.; thence to 48°04'N. lat., 125°11'W. long.; thence to 48°04'N. lat., 124°59'W. long.; thence to 48°00'N. lat., 124°59'W. long.; thence to 48°00'N. lat., 125°18'W. long.; thence to the point of origin.
It is unlawful to fish for or possess bottomfish seaward of a line approximating the 20-fathom depth contour as defined by the following coordinates, from June 1 through September 30, on days and times closed to halibut fishing:
48°23.9'N. lat., 124°44.2'W. long.
48°23.6'N. lat., 124°44.9'W. long.
48°18.6'N. lat., 124°43.6'W. long.
48°18.6'N. lat., 124°48.2'W. long.
48°10.0'N. lat., 124°48.8'W. long.
48°02.4'N. lat., 124°49.3'W. long.
47°37.6'N. lat., 124°34.3'W. long.
47°31.7'N. lat., 124°32.4'W. long.
(d) Catch Record Card Area 5 - Open the Thursday before Memorial Day through September 30, except closed to fishing for halibut beginning at 12:01 a.m. each Tuesday through 11:59 p.m. each Wednesday.
(e) Catch Record Card Areas 6 through 13 - Open May 1 through September 30, except closed to fishing for halibut beginning at 12:01 a.m. each Tuesday through 11:59 p.m. each Wednesday.
(2) Daily limit is one halibut taken from state or offshore waters. This does not include Canadian waters; see WAC ((220-56-156)) 220-310-210 for limits on Canadian-origin halibut.
(3) The possession limit is two daily limits of halibut in any form, except the possession limit aboard the fishing vessel is one daily limit. See WAC ((220-56-156)) 220-310-210 for rules on Canadian-origin halibut possession.
AMENDATORY SECTION (Amending WSR 16-06-073, filed 2/26/16, effective 7/1/16)
WAC 220-56-282 Sturgeon—Areas, seasons, limits and unlawful acts.
(1) It is unlawful to retain green sturgeon.
(2) The following limits and requirements apply in areas where it is permissible to catch sturgeon for release or retention:
(a) It is unlawful to fish for sturgeon with terminal gear other than bait and one single-point barbless hook.
(b) It is unlawful to fail to release undersize or oversize sturgeon immediately.
(c) It is permissible to use artificial scent with bait when fishing for white sturgeon.
(d) It is unlawful to use a gaff or other body-penetrating device while restraining, handling, or landing a sturgeon.
(e) It is unlawful to fish for or possess sturgeon from freshwater, except the Chehalis River, from one hour after official sunset to one hour before official sunrise.
(3) It is permissible to catch and release white sturgeon in saltwater waterways year-round. However, for freshwater waterways, including freshwater Puget Sound tributaries, it is permissible to catch and release white sturgeon only when the season is open for salmon or game fish, except in the Snohomish River from mouth to Highway 9 Bridge it is permissible to catch and release sturgeon year-round.
(4) It is permissible to catch and release, but unlawful to retain, white sturgeon in the following areas:
(a) Coastal waters and tributaries of coastal waters;
(b) Puget Sound waters and tributaries of Puget Sound;
(c) Vancouver Lake and all other waters west of Burlington Northern Railroad from the Columbia River drawbridge near Vancouver downstream to Lewis River (Clark County);
(d) Columbia River and tributaries from a true north-south line through Buoy 10 (the mouth) upstream to Chief Joseph Dam, unless otherwise provided; and
(e) Snake River and tributaries from the mouth upstream to the border with Oregon, unless otherwise provided.
(5) White sturgeon retention is allowed in the areas open to fishing and following rules as specified in WAC ((220-310-200)) 220-312-060:
(a) Columbia River:
(i) Columbia River and tributaries from Bonneville Dam upstream to McNary Dam: January 1 through July 31.
(ii) Columbia River and tributaries from McNary Dam upstream to Priest Rapids Dam: February 1 through July 31.
(b) Snake River: From the Snake River mouth (also called the Snake River Confluence Protection Area) upstream to Ice Harbor Dam: February 1 through July 31.
(6) The following waters are closed to fishing for sturgeon:
(a) Columbia River:
(i) Mouth to Bonneville Dam:
(A) Year-round from Bonneville Dam downstream to a boundary marker on the Washington shore approximately 4,000 feet below the fish ladder at the powerhouse, south to the downstream end of Cascade Island, and across to the Oregon angling boundary on Bradford Island (the Cascade Island-Bradford Island line).
(B) May 1 through August 31 from Bonneville Dam downstream 9 miles to a line crossing the Columbia River from navigation marker 82 on the Oregon shore, westerly to the boundary marker on the Washington shore upstream of Fir Point (navigational marker 82 line).
(ii) Bonneville Dam to McNary Dam:
(A) May 1 through July 31 from The Dalles Dam downstream 1.8 miles to a line from the east (upstream) dock at the Port of The Dalles boat ramp straight across to a marker on the Washington shore.
(B) May 1 through July 31 from John Day Dam downstream 2.4 miles to a line crossing the Columbia at a right angle to the thread of the river from the west end of the grain silo at Rufus, Oregon.
(C) May 1 through July 31 from McNary Dam downstream to the Highway 82 (395) Bridge.
(iii) McNary Dam to Priest Rapids Dam:
(A) May 1 through July 31 from Priest Rapids Dam downstream 2.5 miles to the boundary marker on the river bank 400 feet downstream from Priest Rapids Hatchery outlet channel (Jackson Creek).
(B) October 23 through January 31 from the Old Hanford townsite wooden power line towers to Vernita Bridge.
(iv) Chief Joseph Dam upstream:
(A) Columbia River and its tributaries.
(B) Roosevelt Lake and its tributaries.
(b) Snake River Mouth to Ice Harbor Dam: May 1 through July 31 from the downstream end of Goose Island upstream 1.5 miles to Ice Harbor Dam.
(7) The following limits and requirements apply in areas where it is permissible to retain sturgeon:
(a) The daily limit is one white sturgeon.
(b) The possession limit is two daily limits of fresh, frozen, or processed white sturgeon.
(c) The annual personal-use limit for white sturgeon from April 1 through March 31 is two fish, regardless of where the angler takes the sturgeon.
(d) The maximum fork-length is 54 inches.
(e) The minimum fork-length is 38 inches, except the minimum fork-length is 43 inches in:
(i) The mainstem Columbia and its tributaries from The Dalles Dam to Priest Rapids Dam; and
(ii) The Snake River from the Snake River Confluence Protection Area to Ice Harbor Dam.
(f) Once an angler reaches his or her annual limit of white sturgeon, he or she may continue to fish for white sturgeon in the mainstem Columbia River downstream from where the river forms the common boundary between Oregon and Washington, unless otherwise provided by department rule, so long as the angler releases all subsequent sturgeon immediately.
(g) It is unlawful to possess sturgeon eggs in the field without retaining the intact carcass of the fish from which the eggs have been removed.
(8) A violation of this section is an infraction, punishable under RCW 77.15.160, unless the person has harvested sturgeon. If the person has harvested sturgeon, the violation is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree—Penalty, unless the sturgeon are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree—Penalty.
(9) It is unlawful to possess sturgeon taken with gear in violation of the provisions of this section. Possession of sturgeon while using gear in violation of the provisions of this section is a rebuttable presumption that the sturgeon were taken with such gear. Possession of such sturgeon is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree—Penalty, unless the sturgeon are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree—Penalty.
AMENDATORY SECTION (Amending WSR 13-02-043, filed 12/21/12, effective 1/21/13)
WAC 220-56-360 Razor clams—Areas and seasons.
(1) The following areas are defined as razor clam areas:
(a) "Razor Clam Area 1" includes the tidelands and waters of the Pacific Ocean and Willapa Bay between Cape Disappointment and Toke Point, not including the beaches within the Shoalwater Bay Indian Reservation or those tidelands and waters within the boundaries of Razor Clam Area 2;
(b) "Razor Clam Area 2" includes the tidelands and waters of the detached sand spits at the entrance to Willapa Bay west of Ellen Sands, north of the tip of Leadbetter Point and south of the Willapa Bay Ship Channel;
(c) "Razor Clam Area 3" includes the tidelands and waters of the Pacific Ocean, Willapa Bay, and Grays Harbor from Toke Point west and north to the westernmost point of the jetty at the end of Point Brown, not including the beaches within the Shoalwater Bay Indian Reservation;
(d) "Razor Clam Area 4" includes the tidelands and waters of the Pacific Ocean from the westernmost point of the jetty at the end of Point Brown north to the Copalis River;
(e) "Razor Clam Area 5" includes the tidelands and waters of the Pacific Ocean from the Copalis River north to the southern boundary of the Quinault Indian Reservation;
(f) "Razor Clam Area 6" includes the tidelands and waters of the Pacific Ocean from the northern boundary of the Quinault Indian Reservation north to Brown's Point (in the Kalaloch area of Jefferson County);
(g) "Razor Clam Area 7" includes the tidelands and waters of the Pacific Ocean from Brown's Point (in the Kalaloch area of Jefferson County) north to the Bonilla-Tatoosh line at Cape Flattery, not including those beaches that fall within the boundaries of an Indian reservation.
(2) It is unlawful to take, dig for or possess razor clams taken for personal use from any beaches in any razor clam area except as provided by emergency rule.
(3) It is unlawful to dig for razor clams at any time in the Long Beach, Twin Harbors, or Copalis Beach Razor Clam Sanctuaries as defined in WAC ((220-56-372)) 220-320-130.
(4) Violation of this section is an infraction under RCW 77.15.160, a misdemeanor punishable under RCW 77.15.380, Unlawful recreational fishing in the second degree—Penalty, or a gross misdemeanor under RCW 77.15.370, Unlawful recreational fishing in the first degree—Penalty, depending on whether any razor clams were harvested and the amount harvested.
AMENDATORY SECTION (Amending WSR 12-23-016, filed 11/9/12, effective 12/10/12)
WAC 220-56-365 Razor clams—Unlawful acts.
(1) It is unlawful to return any razor clams to the beach or water regardless of size or condition, and all razor clams taken for personal use must be retained by the digger as a part of his or her daily limit.
(2) 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)) 220-320-030.
(3) A violation of this section is an infraction, punishable under RCW 77.15.160.
AMENDATORY SECTION (Amending WSR 94-14-069, filed 7/1/94, effective 8/1/94)
WAC 220-56-382 Oysters and clams on private tidelands—Personal use.
(1) WAC ((220-56-340 through 220-56-355, 220-56-375 through 220-56-380 and 220-56-385)) 220-330-120 through 220-330-140 shall not apply to private tideland owners or lessees of state tidelands or immediate family members taking or possessing oysters, clams, cockles, borers and mussels for personal use from their own tidelands or leased state tidelands.
(2) This section shall not apply to razor clams.
AMENDATORY SECTION (Amending WSR 15-11-042, filed 5/14/15, effective 6/14/15)
WAC 220-56-500 Game fish seasons—General rules.
It is unlawful to fish for game fish except during the seasons and times below.
(1) Freshwater lakes, ponds and reservoirs: Open year-round except as provided for in WAC ((220-310-175)) 220-312-010 through ((220-310-200)) 220-312-060.
(2) Freshwater rivers, streams, and beaver ponds:
(a) Rivers, streams, and beaver ponds that drain into Puget Sound, the Strait of Juan de Fuca, Pacific Ocean (excluding the Columbia River), Grays Harbor, and Willapa Bay are closed to fishing for game fish unless otherwise provided in department rule.
(b) All rivers, streams, and beaver ponds listed in WAC ((220-310-175)) 220-312-010 through ((220-310-200)) 220-312-060: Open the first Saturday in June through October 31 except as otherwise provided for in WAC ((220-310-175)) 220-312-010 through ((220-310-200)) 220-312-060.
(3) Saltwater (all waters downstream and seaward of the mouths of rivers and streams generally defined in WAC ((220-16-245)) 220-200-060 and specifically defined in WAC ((220-56-105)) 220-300-220): Open year-round, except:
(a) Lake Washington Ship Canal - Those waters of Area 10 west of the Lake Washington Ship Canal to a north-south line 175 feet west of the Burlington-Northern Railroad Bridge are closed waters.
(b) Toliva Shoal - Waters within 500 yards of the Toliva Shoal buoy are closed waters from June 16 through April 30.
(c) Freshwater Bay - Waters south of a line from Angeles Point westerly to Observatory Point are closed July 1 through October 31.
(d) Tulalip Bay - Waters of Tulalip Bay east of a line from Hermosa Point to Mission Point are closed waters.
(e) Agate Pass - 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 game fish angling from January 1 through March 31; however, a person can fish with gear meeting the fly-fishing-only requirements of WAC ((220-56-210)) 220-310-150 as long as he or she does not use lead-core fly line. It is unlawful to retain any fish taken during the period January 1 through March 31.
(f) Those waters of Hood Canal inshore from yellow marker buoys to the mouth of Finch Creek, and waters within the channel created when tidelands are exposed, are closed the entire year.
However, persons with disabilities who permanently use a wheelchair and who have a designated harvester card under WAC ((220-55-065)) 220-220-240 may fish from the ADA-access site at the Hoodsport Salmon Hatchery, as long as such persons follow all department rules that apply to the adjoining waters of Marine Area 12.
(4) A violation of this section is an infraction, punishable under RCW 77.15.160, unless the person has harvested game fish. If the person has harvested game fish, the violation is punishable under RCW 77.15.380, Unlawful recreational fishing in the second degree—Penalty, unless the game fish are taken in the amounts or manner to constitute a violation of RCW 77.15.370, Unlawful recreational fishing in the first degree—Penalty.
AMENDATORY SECTION (Amending WSR 16-06-073, filed 2/26/16, effective 7/1/16)
WAC 220-56-510 Game fish possession limits and size limits.
It is unlawful to retain or possess game fish taken in excess of the daily, possession, or license year possession limits, or game fish that do not conform to the size limits provided for in this section, unless otherwise provided for in WAC ((220-310-175)) 220-312-010 through ((220-310-200)) 220-312-060.
(1) Daily game fish possession and size limits:
(2) Possession limit: The game fish possession limit in the field is two daily limits in fresh, frozen or processed form.
(3) Wild steelhead, Dolly Varden, and bull trout: Except as provided for in this section and WAC ((220-310-175)) 220-312-010 through ((220-310-200)) 220-312-060, it is unlawful to retain wild steelhead, Dolly Varden, or bull trout.
(4) Saltwater game fish retention: Game fish taken in saltwater may not be retained, except that up to two hatchery steelhead per day may be retained.
NEW SECTION
The following sections of the Washington Administrative Code are decodified and recodified as follows:
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 04-17-096, filed 8/17/04, effective 9/17/04)
WAC 220-69-220 When state of Washington fish receiving tickets are not required.
State of Washington fish receiving tickets are not required for:
(1) Purchase or delivery of fish or shellfish from a wholesale dealer or holder of a direct retail endorsement, provided the dealer or holder has previously prepared a fish receiving ticket. For such purchase or delivery, it is unlawful for the person taking possession of the fish or shellfish to fail to obtain the name, address, dealer number, or direct retail endorsement number, together with sales receipt documents sufficient to show the quantity of fish or shellfish and date of transaction, and retain this information with the fish or shellfish.
(a) Violation of this subsection by a wholesale dealer is a gross misdemeanor, punishable under RCW 77.15.640.
(b) Violation of this subsection by a retail fish seller is a misdemeanor, punishable under RCW 77.15.568.
(2) Fresh or frozen fish or shellfish that are in transit through the state of Washington, if no storage, handling, processing, or repackaging occurs within the state.
(3) Private sector cultured aquatic products.
(4) Processed fish or shellfish except frozen fish or shellfish not previously delivered in another state, territory or country.
(5) Any importation of fish that are not classified food fish under WAC ((220-12-010)) 220-300-370 or importation of shellfish that are not classified shellfish under WAC ((220-12-020)) 220-370-010.
AMENDATORY SECTION (Amending WSR 14-02-013, filed 12/19/13, effective 1/19/14)
WAC 220-69-230 Description of Washington state nontreaty fish receiving tickets.
(1) The department creates, prepares, prints, and distributes upon request the following nontreaty fish receiving ticket forms:
(a) Puget Sound salmon;
(b) Troll;
(c) Marine;
(d) Utility; and
(e) Shellfish.
(2) Fish receiving ticket forms must contain space for the following information:
(a) Fisherman: The name of the licensed deliverer.
(b) Address: The address of the licensed deliverer.
(c) Boat name: The name or Coast Guard number of the landing vessel.
(d) WDFW boat registration: The Washington department of fish and wildlife boat registration number.
(e) Gear: The code number or name of the specific type of gear used.
(f) Fisherman's signature: The signature of the licensed deliverer.
(g) Date: Date of landing.
(h) Dealer: Name of dealer and the department number assigned to dealer.
(i) Buyer: The name of buyer and the department number assigned to buyer.
(j) Receiver's signature: The signature of the original receiver.
(k) Number of days fished: Days spent catching fish.
(l) Fish or shellfish caught inside or outside 3-mile limit: Check one box.
(m) Catch area:
(i) The salmon catch area code if salmon are caught.
(ii) The marine fish/shellfish catch area code if marine fish are caught or shellfish are caught or harvested.
(n) Tally space for dealer's use: Used at the dealer's discretion.
(o) Species code: The department assigned species code.
(p) Individual number of salmon and sturgeon.
(q) Individual numbers of other fish species if fish other than salmon or sturgeon are landed as part of an incidental catch allowance or catch ratio restriction.
(r) The number of ghost shrimp in dozens, the number of oysters in dozens or gallons, and the species description for all fish and shellfish.
(s) The original total weight in round pounds of all shellfish or fish, except that pounds of legally dressed fish and shellfish may be recorded in original dressed weight so long as dressed fish and shellfish are designated as dressed on the fish receiving ticket.
(t) Value of fish and shellfish sold or purchased: Summary information for species, or species groups landed.
(u) All species or categories of bottomfish having a vessel trip limit must be listed separately (see WAC ((220-44-050)) 220-355-100).
(v) Work area for dealer's use: Used at dealer's discretion, except:
(i) Federal sablefish endorsed limited entry permit numbers for each delivery of sablefish landed under the authority of the permit must be recorded on the fish receiving ticket in the space reserved for dealer's use. Separate fish tickets are required for each permit number used.
(ii) At the time of landing of coastal bottomfish into a Washington port, the fish buyer receiving the fish must clearly record all legally defined trawl gear aboard the vessel at the time of delivery of the bottomfish on the fish receiving ticket in the space reserved for dealer's use. The 3 trawl gear types are: Midwater trawl, roller trawl, and small foot rope trawl (foot rope less than 8 inches in diameter). The gear type(s) aboard the vessel must be recorded on the fish receiving ticket before the vessel representative signs the fish receiving ticket.
(w) Total amount: Total value of landing.
(x) Take-home fish: Species, number, and pounds of fish or shellfish retained for personal use.
(y) Crew: The name and signature of crew members who take home fish for personal use.
(3) A Puget Sound salmon fish receiving ticket must be completely, accurately, and legibly prepared for:
(a) Deliveries of nontreaty salmon caught in inland waters; and
(b) Any imports of fresh salmon into the state of Washington.
(4) A troll fish receiving ticket must be completely, accurately, and legibly prepared for:
(a) Deliveries of nontreaty coastal salmon and incidental catch;
(b) Any imports of fresh salmon into the state of Washington; and
(c) Any bottomfish or halibut subject to a catch allowance or ratio restriction, when those species are taken incidental to salmon fishing.
(5) A marine fish receiving ticket must be completely, accurately, and legibly prepared for:
(a) Nontreaty deliveries of marine fish or bottomfish that do not include salmon; and
(b) Any imports of fresh marine fish or bottomfish.
(6) A marine or utility fish receiving ticket must be completely, accurately, and legibly prepared for:
(a) Any nontreaty deliveries that do not include salmon, where other fish receiving tickets are not appropriate; and
(b) Any imports of fresh fish or shellfish that do not include salmon.
(7) A shellfish receiving ticket must be completely, accurately, and legibly prepared for:
(a) Any nontreaty deliveries of shellfish;
(b) Any imports of fresh shellfish; and
(c) Any incidental catch of bottomfish made while fishing for shellfish. The species name, total pounds, and price per pounds must be entered for each species of bottomfish caught.
AMENDATORY SECTION (Amending WSR 04-17-096, filed 8/17/04, effective 9/17/04)
WAC 220-69-23402 Description of aquatic farm production report.
(1) There is hereby created an aquaculture production report form to be prepared, printed and distributed on request by the department. The aquatic farmer shall provide the following information:
(a) Firm name: Name of aquaculture firm and telephone number.
(b) Firm address: Address of aquaculture firm.
(c) Aquatic farm numbers: Department assigned aquatic farm registration number and location number.
(d) Species: Common name of species grown at aquatic farm site.
(e) Quantity harvested for sale: Quantity, in production units, of each species harvested for sale. The production may be shown in pounds, dozens, gallons, bushels or bags.
(f) Unit value: Value per production unit.
(g) Signature: Signature of firm executive or authorized representative and date signed.
(2) The aquaculture production report shall be used for reporting of aquaculture production as specified in WAC ((220-69-243)) 220-370-160.
AMENDATORY SECTION (Amending WSR 14-02-013, filed 12/19/13, effective 1/19/14)
WAC 220-69-241 Duties of commercial fishers.
(1) It is unlawful for a fisher who does not possess a valid wholesale dealer's license or a direct retail endorsement to:
(a) Sell fish or shellfish to a consumer, restaurant, or other retail outlet;
(b) Donate fish or shellfish that have not been previously delivered to an original receiver to a nonprofit or other organization; and
(c) Place, or attempt to place, into interstate commerce any fish or shellfish previously landed in Washington state, or caught or harvested from the territorial waters of Washington state.
(2) A violation of subsection (1) of this section is punishable under RCW 77.15.620, Engaging in fish dealing activity—Unlicensed—Penalty.
(3) It is unlawful for fishers engaging in activities described in subsection (1) of this section to fail to immediately, completely, accurately, and legibly prepare the appropriate state of Washington fish receiving ticket in the fisher's own name for each delivery of fish or shellfish. The fish receiving ticket must show the total of all fish and shellfish aboard the harvesting vessel upon delivery. A violation of this subsection is punishable under RCW 77.15.630, Unlawful fish and shellfish catch accounting—Penalty.
(4) It is unlawful for a fisher selling at retail to fail to complete the appropriate fish receiving ticket before offering fish or shellfish for retail sale, except a fisher may complete a fish receiving ticket with an estimated number or weight if the fisher offers the fish or shellfish for sale directly off the catcher vessel. After the retail activity is completed, the fisher who completed a fish receiving ticket with an estimated number or weight of fish or shellfish is required to complete a corrected fish receiving ticket with the actual number and weight of fish or shellfish sold at retail. A violation of this subsection is punishable under RCW 77.15.630, Unlawful fish and shellfish catch accounting—Penalty.
(5) It is unlawful for a fisher offering fish or shellfish for retail sale to fail to maintain a sequentially numbered receipt book. The fisher must give each purchaser of fish or shellfish a receipt showing the number, weight, and value of fish or shellfish sold to that purchaser. The receipt book must contain a duplicate copy of the receipt given to the purchaser that remains with the receipt book. The fisher must retain the duplicate receipts for one year.
A violation of this subsection is punishable under RCW 77.15.630, Unlawful fish and shellfish catch accounting—Penalty.
(6)(a) In the commercial geoduck fishery, it is unlawful for a vessel operator designated by the geoduck tract holder to fail to be present at all times on each vessel commercially harvesting geoducks or having commercially harvested geoducks aboard.
(b) For each day's harvest of geoducks from each tract, it is unlawful for the designated operator to fail to completely, legibly and accurately enter the following information on a fish receiving ticket before leaving the department of natural resources geoduck harvest tract:
(i) Enter in the "dealer's use" column the number of cages of geoducks harvested;
(ii) Write the harvest vessel name, its Washington department of fish and wildlife identification number, and the date across the top of the fish receiving ticket directly below the tear strip; and
(iii) Sign the fish receiving ticket as the fisher.
(7) A violation of subsection (6) of this section is punishable under RCW 77.15.630, Unlawful fish and shellfish catch accounting—Penalty.
(8)(a) It is unlawful for operators of commercial fishing vessels catching forage fish for the purposes of using them as bait to fail to accurately report those harvests on a state of Washington fish receiving ticket along with the target fish or shellfish when those fish or shellfish are delivered to an original receiver.
(b) A violation of this subsection is a gross misdemeanor, punishable under RCW ((77.15.560)) 77.15.630.
(9)(a) It is unlawful for an operator of a commercial fishing vessel to allow the distribution or transfer of forage fish for monetary consideration from the nets or other holding devices under his or her control to anyone other than a licensed wholesale fish dealer unless the operator of the commercial fishing vessel:
(i) Possesses a wholesale fish dealers license; and
(ii) Completes a fish receiving ticket for those transfers.
(b) A violation of this subsection is punishable under RCW 77.15.630, Unlawful fish and shellfish catch accounting—Penalty.
AMENDATORY SECTION (Amending WSR 14-02-013, filed 12/19/13, effective 1/19/14)
WAC 220-69-243 Duties of aquatic farmers.
(1) It is unlawful for an aquatic farmer shipping out-of-state or selling private sector cultured aquatic products to fail to:
(a) Keep complete and accurate records showing the quantity of products sold and the location of the aquatic farm where products were grown; and
(b) Completely, accurately, and legibly prepare an aquatic farm production report.
(2) An aquatic farm production report must document each aquatic farm's monthly production and contain the information required in WAC ((220-69-23402)) 220-370-170 (1)(a) through (g). Aquatic farmers must submit aquatic farm production reports for each quarter to the department within thirty days of the end of each quarter for which production is reported.
(3) The aquatic farmer must retain copies of quarterly production reports for one year and make the reports available for inspection upon request by authorized department personnel.
(4) Violation of this section is a misdemeanor, punishable under RCW 77.15.350, Inspection and disease control of aquatic farms—Rules violation—Penalty.
AMENDATORY SECTION (Amending WSR 14-02-013, filed 12/19/13, effective 1/19/14)
WAC 220-69-254 Required information on treaty Indian fish and shellfish receiving tickets.
(1) It is unlawful for a person required to complete a treaty Indian fish receiving ticket or a treaty Indian shellfish receiving ticket to fail to enter the mandatory information, when applicable, referenced in WAC ((220-69-234)) 220-352-070 (2)(a) through (l) and (n) through (q) on each treaty Indian fish receiving ticket or treaty Indian shellfish receiving ticket, whichever is appropriate.
(2) A valid treaty Indian identification card may be used in lieu of WAC ((220-69-234)) 220-352-070 (2)(a) and (b).
(3) A valid dealer or buyer card issued by the department may be used in lieu of WAC ((220-69-234)) 220-352-070 (2)(e) and (f).
(4) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.630, Unlawful fish and shellfish catch accounting—Penalty.
AMENDATORY SECTION (Amending WSR 12-04-028, filed 1/26/12, effective 2/26/12)
WAC 220-69-256 Required information on electronic fish receiving tickets.
(1) It is unlawful for a person required to complete a report under WAC 220-69-240 to utilize an electronic fish receiving ticket in lieu of a paper fish receiving ticket unless the mandatory information contained in WAC ((220-69-246)) 220-352-110 (1)(a) through (w)is entered on each electronic fish receiving ticket.
(2) For the purposes of this section, an electronic fish receiving ticket means the ticket defined in WAC ((220-69-246)) 220-352-110.
AMENDATORY SECTION (Amending WSR 14-02-013, filed 12/19/13, effective 1/19/14)
WAC 220-69-260 Distribution of copies of nontreaty fish receiving tickets.
(1) State of Washington nontreaty fish receiving tickets must be made out in quadruplicate (four copies) at the time of delivery of fish or shellfish. It is unlawful for the original receiver who completes a fish receiving ticket to fail to distribute the copies as follows:
(a) Except for original receivers who submit a fish receiving ticket in portable document format (PDF) to satisfy quick reporting requirements for salmon and sturgeon under WAC ((220-69-240)) 220-352-180 (14)(e), the original receiver must mail the state copy (green) of the fish receiving ticket to the department of fish and wildlife (department). The department must receive the state copy no later than the sixth working day after the day the original receiver completes the fish ticket.
(b) The original receiver must retain the dealer copies (white and yellow) of the fish receiving ticket for his or her records.
(c) The deliverer must retain the fisher copy (gold) for his or her records.
(2) It is unlawful for an original receiver who submits an electronic fish receiving ticket to fail to retain a signed copy of the electronic fish receiving ticket for three years.
(3) A violation of this section is punishable under RCW 77.15.630, Unlawful fish and shellfish catch accounting—Penalty.
AMENDATORY SECTION (Amending WSR 00-01-145, filed 12/20/99, effective 1/20/00)
WAC 220-69-273 Imprinters—Fish receiving tickets.
Use of a mechanical imprinter approved by the department, in conjunction with a license card or treaty Indian identification card to identify the deliverer, and a dealer plate or buyer plate to identify the receiver on all state of Washington fish receiving tickets is hereby made mandatory.
Provided, That license card information may be recorded manually on the state of Washington fish receiving tickets in the following exceptions:
(1) Oregon licensed fishers delivering fish caught in the Columbia River.
(2) Purchases made from out-of-state firms.
(3) Fishers selling on a delivery license who have not received a delivery license card from the department at the time of their first sale. All subsequent sales require use of a license card.
AMENDATORY SECTION (Amending WSR 08-21-023, filed 10/6/08, effective 11/6/08)
WAC 220-69-300 Commercial food fish and shellfish transportation ticket.
(1) Except as provided in subsection (6) of this section, it is unlawful for commercial fishers or their designees, who are neither wholesale dealers nor holders of a direct retail endorsement, to fail to complete a commercial food fish and shellfish transportation ticket as required by this section. These tickets must be completed prior to transporting fish or shellfish harvested for commercial purposes or in commercial quantities. For a fishery that does not require a vessel, a transportation ticket must be completed prior to leaving the catch site. The purpose of this rule is to ensure catch accountability when fish or shellfish are transported by the fisherman or his or her designee from the catching vessel to an original receiver. Fish receiving ticket requirements under this chapter are still in effect. A violation of this subsection or subsection (2) of this section is punishable as a gross misdemeanor under RCW 77.15.290.
(2) A transportation ticket must contain all of the following information and space for that information:
(a) The name of the fisherman who caught the fish;
(b) The fisherman's vessel registration number;
(c) The signature of the fisherman or additional operator;
(d) The name of the transporter;
(e) The signature of the transporter;
(f) The catch area where the food fish or shellfish were caught;
(g) The species of food fish or shellfish being transported; and
(h) The number or approximate pounds of food fish or shellfish being transported.
(3) It is unlawful for an original receiver or someone acting in the capacity of an original receiver to fail to mail the transportation ticket, together with the state copy of the fish receiving ticket as required in WAC ((220-69-260, 220-69-264, and 220-69-26401)) 220-352-060, 220-352-090, and 220-352-130, when the person delivering the fish or shellfish does not sign the fish receiving ticket as required in WAC ((220-69-274)) 220-352-140. If the commercial fisher signs the fish receiving ticket, only the fish receiving ticket must be mailed in, and the transportation ticket is not required to be submitted with it. Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.
(4) It is unlawful to fail to keep the transportation ticket with the fish or shellfish until a fish receiving ticket is completed. Violation of this subsection is a gross misdemeanor under RCW 77.15.290.
(5) It is unlawful for any person transporting commercially taken fish or shellfish or commercial quantities of fish or shellfish to fail to provide a transportation ticket for inspection upon demand by a fish and wildlife officer. Violation of this subsection is a gross misdemeanor under RCW 77.15.290.
(6) The provisions of this section do not apply to:
(a) Food fish and shellfish purchased at retail, provided the purchaser has, in his or her possession, a sales receipt documenting the purchase;
(b) Food fish or shellfish for which a fish receiving ticket has been completed and a copy of the fish receiving ticket is in the possession of the person transporting;
(c) Food fish or shellfish being transported by the department;
(d) Hatchery carcass sales;
(e) Private sector cultured aquatic products in transport;
(f) Food fish being transported on a completed Oregon transportation ticket, provided that the fish were caught in the concurrent waters of the Columbia River and were landed on Washington's shore; and
(g) Fish or shellfish being transported in the catching vessel, provided that the vessel is not being transported or towed over land.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 78-09-071, filed 8/25/78)
WAC 220-74-010 Purpose.
The purpose of this chapter shall be to establish an orderly means for the department to dispose of surplus live salmon eggs in a manner that provides optimum benefits to the citizens of the state.
All surplus salmon eggs sold pursuant to chapter ((220-74)) 220-304 WAC shall be used in accordance with the provisions of WAC ((220-20-040)) 220-200-140 through ((220-20-045)) 220-200-150.
AMENDATORY SECTION (Amending WSR 02-10-023, filed 4/23/02, effective 5/24/02)
WAC 220-74-020 Surplus salmon eggs—Priorities.
(1) It is the duty of the department to assure that egg requirements for state hatcheries are satisfied. Once these requirements have been met, eggs surplus to these requirements will be provided as per RCW 77.95.210.
(2) Prioritized schedule for salmon production. Annually the department shall:
(a) Determine the salmon production capacity of department hatcheries;
(b) Determine the allowable numbers of hatchery-origin salmon that will be allowed to spawn naturally, by location;
(c) Make estimates of the number of adult salmon returning to department facilities;
(d) Solicit requests for viable salmon eggs from the following entities: Volunteer salmon rearing cooperatives established under chapter 77.100 RCW, regional fisheries enhancement groups established under chapter 77.95 RCW, lead entities for salmon recovery as established under chapter 77.85 RCW, government hatcheries in Washington, Oregon and Idaho, and hatcheries of federally recognized Indian tribes in Washington, Oregon and Idaho;
(e) Compile and submit for review by Indian tribes with treaty fishing rights a plan for replenishing fish runs through the use of available viable salmon eggs, including transfers to the entities listed in this subsection; and
(f) Offer an appeal mechanism to any entity denied a transfer of viable salmon eggs.
(3) The department will prioritize projects that utilize surplus viable salmon eggs and outplanting of adult fish. In such prioritization, the department will evaluate all proposed projects in terms of potential benefits and risks. In considering projects that involve placing adult, juvenile or eggs into a body of water, the biological factors that will be considered include, but are not limited to:
(a) Expected salmon recovery benefits;
(b) Effect on ongoing research and monitoring projects;
(c) Nutrient benefit;
(d) Habitat carrying capacity;
(e) Interspecies interactions;
(f) Disease risk;
(g) Ability to monitor effects of introduction;
(h) Biodiversity significance of the wild population;
(i) Genetic similarity of introduced and wild stocks;
(j) Status of populations under the Endangered Species Act or the salmonid stock inventory; and
(k) The proportional mix of hatchery-origin and wild fish.
(4) All projects will be evaluated consistent with documented department protocols and procedures, recovery plans and management agreements, including, but not limited to:
(a) The WDFW Genetics Manual;
(b) The WDFW Spawning Guidelines;
(c) The WDFW Stock Transfer Guidelines;
(d) The WDFW Fish Health Manual;
(e) The Co-Managers Fish Disease Control Policy;
(f) The WDFW Wild Salmonid Policy;
(g) WDFW hatchery and genetics management plans;
(h) WDFW fishery management and evaluation plans;
(i) Rules developed under section 4(d) of the Endangered Species Act; and
(j) Take permits issued under sections 7 and 10 of the Endangered Species Act.
(5) Prioritized schedule for egg sales. To encourage the use of surplus live salmon eggs available for sale for the optimum benefit of the citizens of the state, the following priorities will be followed, within practical limitations, in distributing surplus live salmon eggs resulting from returns to artificial production facilities:
(a) Sales to in-state aquaculturists when the eggs would be hatched, the resulting fry reared, by a person or corporation engaged in the fish industry in this state.
(b) Sales to private Oregon sea ranchers where fish are to be released for migration from Oregon sites to the Pacific Ocean and thus subject to the public capture fisheries of the state of Washington.
(c) Sales to the hatcheries located in California and Alaska where the fish are to be released at sites located in those states for migration to the Pacific Ocean for harvest by public capture fisheries and thus subjected to public capture by fishermen of the state of Washington.
(d) Sales to other state, federal and private aquaculture programs.
(e) Sales to foreign governmental entities.
AMENDATORY SECTION (Amending WSR 84-05-046, filed 2/21/84)
WAC 220-74-022 Surplus salmon eggs—Certain sales disallowed.
(1) Sales of surplus eggs as described in WAC ((220-74-020)) 220-304-020 shall not be allowed where the person or corporation seeking to buy said eggs has not paid all fees and taxes due and owing to the state of Washington.
(2) Notwithstanding the provisions of chapter ((220-74)) 220-304 WAC, the department reserves the right to refuse to sell surplus salmon eggs to any purchaser for good cause.
AMENDATORY SECTION (Amending WSR 78-09-071, filed 8/25/78)
WAC 220-74-025 Surplus salmon eggs—Purchases.
Purchases of surplus salmon eggs will occur within the following framework:
(1) The price of eggs sold during a spawning season will be determined by the director after reviewing the results of an annual assessment of existing marketing conditions. The price will be the same for all purchases.
(2) Within priority 1, requests for available eggs will be satisfied in accordance with the earliest date of receipt of the application for a salmon aquaculture permit by the department (WAC ((220-76-010)) 220-370-060): Provided, That a firm request for eggs is received prior to September 1. All firm requests for eggs received after September 1 will be satisfied in order of their receipt on an eggs-available basis.
(3) Within priority 1, up to one million eggs will be offered to the first qualified applicant before selling eggs to the next applicant. If eggs are still available after each applicant has had an opportunity to buy one million eggs, the procedure will be repeated until all requests within this priority have been satisfied.
(4) Within priorities 2 and 3, requests for eggs will be satisfied in accordance with the firm requests that have the greatest likelihood of contributing to the public capture fisheries of the state of Washington.
(5) Within priorities 4 and 5, requests for eggs will be satisfied in accordance with the earliest firm requests for eggs received.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending Order 980, filed 2/3/72)
WAC 220-76-001 Aquaculture.
It shall be unlawful for any person, firm, or corporation to cultivate food fish, shellfish, or other aquatic animals for commercial purposes except as follows in chapter ((220-76)) 220-370 WAC.
AMENDATORY SECTION (Amending WSR 89-10-033, filed 4/27/89)
WAC 220-76-010 Aquatic farm registration required.
(1) It shall be unlawful for any person to cultivate aquatic products (private sector cultured aquatic products as defined under RCW 15.85.020(3)) without the aquatic farmer having first registered the aquatic farm with the department. Any aquatic farm must be registered with the department prior to the commencement of culture activities. The department shall grant registration to qualified persons within seven days of the receipt of a complete aquatic farm registration form.
(2) Aquatic farm registrations are nontransferable. In the event there is a change of ownership of an aquatic fish farm established under chapter ((220-76)) 220-370 WAC the aquatic farm registration issued to the previous owner shall be invalid.
(3) Registrations must be renewed annually, prior to December 31 for the succeeding calendar year. Reporting of aquaculture activity (WAC ((220-69-243)) 220-370-160) during the previous calendar year shall constitute renewal for the following year.
AMENDATORY SECTION (Amending WSR 03-02-047, filed 12/24/02, effective 7/1/03)
WAC 220-76-140 Marine finfish aquaculture—Atlantic salmon watch program established.
Contingent on funding, the director shall develop and implement an Atlantic salmon watch program which will include the following elements:
(1) Establish an Atlantic salmon watch coordinator position whose responsibilities include providing a focal point for consolidation of scientific information and implementation of subsections (2) through (5) of this section.
(2) Develop and maintain a system to record and report observations and catch of Atlantic salmon in waters of the state, including modification of the recreational catch data reporting system, the commercial fish ticket reporting system, education of volunteers to identify and report spawning sites, and monitoring of selected watersheds to detect spawning Atlantic salmon.
(3) Model the impact of Atlantic salmon on naturally produced and cultured finfish stocks by estimates of identification of Atlantic salmon standing crop or populations in the wild, detailed life history requirements, and estimates of niche overlap.
(4) Coordination with marine finfish aquatic farmers under WAC ((220-76-110)) 220-370-110 for the reporting of escapes of Atlantic salmon from marine aquatic farming locations, and adjustment of escape prevention plans filed with the department under WAC ((220-76-100)) 220-370-100 to prevent future escapes.
(5) Provide public information on recreational opportunity in the event of an escape, assist the public in understanding the effect of Atlantic salmon escapes on native populations, and provide a public contact for all department efforts regarding Atlantic salmon.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 02-02-013, filed 12/21/01, effective 1/21/02)
WAC 220-77-010 Aquaculture—Intent.
The intent of this chapter is to establish rules that promote the health, productivity and well-being of aquaculture products and the wild stock fisheries. These rules will identify the conditions that will be required for transfer and importation of live aquaculture products and the circumstances when action will be taken to control disease. These rules have been developed jointly by the department and the department of agriculture.
AMENDATORY SECTION (Amending WSR 02-02-013, filed 12/21/01, effective 1/21/02)
WAC 220-77-030 Finfish aquaculture disease control.
(1) It is unlawful for any person to import into or transport within the state of Washington finfish aquaculture products without first having obtained a permit to do so issued by the department. A copy of the transport permit shall accompany the finfish aquaculture products at all times within the state of Washington, and must be presented upon request to authorized department employees.
(2) The director may impose conditions on a transport permit as necessary to ensure the protection of aquaculture products and native finfish from disease when the director concludes that there is a reasonable risk of disease transmission associated with the finfish aquaculture products.
(3) Upon the initial detection of a regulated pathogen, the department's fish health unit must be notified by the end of the following working day after diagnosis is made. The department will confirm or deny the presence of the regulated pathogen. Pending confirmation the department may take action under WAC ((220-77-070)) 220-370-240 (1)(a) or (b).
(4) The director will issue, upon request, copies of the rules and policies dealing with finfish disease control.
(5) The director will issue or deny a transport permit within thirty days after a completed application containing all requested information is received by the department's fish health unit.
(6) Violation of these rules or the conditions of the transport permit may result in the suspension or revocation of the permit.
(7) In the event of denial, suspension, or revocation of a transport permit, the affected person may appeal the decision to the director. The department will advise the person of the appeals process. Additional appeals may be made through the Administrative Procedure Act (chapter 34.04 RCW). A suspended or revoked transport permit will remain suspended or revoked during the appellate process.
(8) Any person desiring to conduct in vivo research using a regulated finfish pathogen is required to first obtain permission in writing from the department prior to beginning the research.
AMENDATORY SECTION (Amending WSR 97-08-078, filed 4/2/97, effective 5/3/97)
WAC 220-77-065 Kelp importation—Permit required—Disease control.
(1) It is unlawful for any person to import kelp into the state of Washington for use in the herring spawn on kelp fishery without first having obtained a permit to do so issued by the department. A copy of the permit must accompany the imported kelp at all times until the kelp is placed into the marine environment and must be presented upon request to department employees.
(2) The director may impose permit conditions as necessary to ensure protection of aquaculture products and native species from disease when the director concludes that there is a risk of disease transmission associated with the imported kelp.
(3) A kelp import permit is not transferrable.
(4) Violation of these rules or the conditions of a permit may result in suspension or revocation of the kelp import permit. In the event of denial, suspension or revocation of a kelp import permit, the affected party may appeal through the Administrative Procedure Act. A suspended or revoked permit will remain suspended or revoked during the appeal process.
AMENDATORY SECTION (Amending WSR 02-02-013, filed 12/21/01, effective 1/21/02)
WAC 220-77-082 Aquaculture—Recordkeeping.
It is the responsibility of a registered finfish aquatic farmer to maintain records of laboratory inspection reports on the live product of that finfish aquatic farmer issued for the previous twenty-four months. It is the responsibility of a finfish aquatic farmer to maintain records of shipments of all live products to other sites or facilities that occurred during the previous twenty-four months, which shipment reports must contain, at a minimum, the shipping date, species, amount, and name and address of the receiver of the shipment. Laboratory inspection reports and shipping reports must be made available to authorized department employees. Records of a proprietary nature, such as lists and addresses of clients, are not public records and are not available for public inspection.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 12-15-001, filed 7/6/12, effective 8/6/12)
WAC 220-80-080 Processing requests for public records.
(1) Order of processing public records requests. The public records officer will process requests in the order allowing the greatest number of requests to be processed in the most efficient manner.
(2) Acknowledging receipt of request. Within five business days of receipt of the request, the public records officer will do one or more of the following:
(a) Make the records available for inspection or copying;
(b) Send the copies to the requestor if copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon;
(c) Provide a reasonable estimate of when records will be available;
(d) Request clarification from the requestor if the request is unclear or does not sufficiently identify the requested records. Such clarification may be requested and provided by telephone. The public records officer may revise the estimate of when records will be available if an estimate was given; or
(e) Deny the request.
(3) If no response is received. If the public records officer does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to ensure that the department received the request.
(4) Protecting the rights of others. In the event that the requested public records contain information that may affect rights of others and may, therefore, be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request or, if necessary, seek a court order to prevent or limit the disclosure. The notice to the affected persons may include a copy of the request.
(5) Records exemption from disclosure. Some records are exempt from disclosure, in whole or in part, as provided in chapter 42.56 RCW and in other statutes. If the department believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the records or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.
(6) Inspections of records.
(a) Consistent with other demands, the department will promptly provide space to inspect public records it has assembled in response to a properly submitted public records request. No member of the public may remove a document from the viewing area or disassemble or alter any document. If, after inspecting a record or records, the requestor wishes to receive a copy of a particular record or records, he or she should so indicate to the public records officer. Copies will be provided pursuant to subsection (7) of this section.
(b) The requestor must inspect the assembled records within thirty days of the department's notification to him or her that the records are available for inspection or copying. The department will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the department to make arrangements to inspect the records. If the requestor fails to inspect the records within the thirty-day period or make other arrangements, the department may close the request and refile the assembled records. If the requestor subsequently files the same or a substantially similar request, that subsequent request will be considered a new request and will be processed in the order allowing the greatest number of requests to be processed in the most efficient manner.
(7) Providing copies of records.
(a) Upon request, the department will provide copies of requested records. Copies may be provided in either hard copy or electronic format, as requested. The cost for copies is set forth in WAC ((220-80-090)) 220-120-060. If a requestor wishes to obtain a copy of a particular record or records after inspecting records, he or she should so indicate to the public records officer, who will make the requested copies or arrange for copying.
(b) Copies may be mailed or e-mailed to the requestor, or made available for pickup at the department's offices. If the copies are available for pickup at the department's offices, the requestor must pay for the copies within thirty days of the department's notification to him or her that the copies are available for pickup. The department will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the department to make arrangements to pay for and pick up the copies. If the requestor fails to pay for or pick up the copies within the thirty-day period, or fails to make other arrangements, the department may close the request. If the requestor subsequently files the same or a substantially similar request, that subsequent request will be considered a new request and will be processed in the order allowing the greatest number of requests to be processed in the most efficient manner.
(8) Electronic records. The process for requesting electronic public records is the same as for requesting paper public records. When a person requests records in an electronic format, the public records officer will provide the nonexempt records, or portions of such records that are reasonably locatable, in an electronic format that is used by the agency and is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record.
(9) Providing records in installments. When the request is for a large number of records, the public records officer may make the records available for inspection, or provide copies of the records in installments if he or she reasonably determines it would be practical to provide the records in that manner. The requestor must inspect the installment of assembled records, or pay for and pick up records if copies of the records are made available for pick up at the department's offices, within thirty days of the department's notification to him or her that records are available for inspection or are ready for pickup. If the requestor fails to inspect the installment of copies within the thirty-day period, fails to pay for and pick up the installment of copies within the thirty-day period, or fails to make other arrangements, the public records officer may stop searching for the remaining records and close the request.
(10) Closing a withdrawn or abandoned request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will indicate that the department has completed a diligent search for the requested records and has made any located, nonexempt records available for inspection. Then the public records officer will close the request.
(11) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer will indicate that the department has completed a diligent search for the requested records and has made any located, nonexempt records available for inspection. Thereafter, the public records officer may close the request.
(12) Later discovered documents. If, after the department informs the requestor that it has provided all available records, the department becomes aware of additional responsive documents that existed at the time of the request, the department will promptly inform the requestor of the additional documents and make them available for inspection or provide copies on an expedited basis.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 12-09-046, filed 4/13/12, effective 5/14/12)
WAC 220-88-040 Trial commercial fishery permits.
(1) Applications for trial commercial fishery permits must specify the species, fishing area, and fishing method to be used.
(2) The department will respond to any request for a trial commercial fishery permit within sixty days of receiving the application.
(3) Only persons who hold a commercial fishing license under chapter 77.65 RCW for the gear that will be used with the trial commercial fishery permit, or persons who own a vessel that holds such a commercial fishing license, are eligible to hold a trial commercial fishery permit. A trial commercial fishery permit is supplemental to a commercial fishing license, and may not be used unless the fisher or the fisher's vessel is currently licensed.
(4) The director will issue a trial commercial fishery permit for a newly classified species only after the director has by rule classified the species as a food fish or shellfish in chapter ((220-12)) 220-300 WAC. If emergency classification is required, the director will issue the trial commercial fishery permit only for the period of emergency classification, and will not renew the permit unless the department has received a request for permanent classification at least two weeks before the end of the permit period.
(5) The director may redesignate a trial commercial fishery as an emerging or expanding commercial fishery if the director finds that there is a need to limit participation. A trial commercial fishery permit for that fishery does not guarantee future eligibility for an experimental fishery permit.
(6) The director may at any time close a trial commercial fishery for conservation reasons.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 06-04-015, filed 1/22/06, effective 2/22/06)
WAC 220-88D-010 Emerging commercial fishery—Commercial wild clams, mussels, and oyster shellfish fishery on nonstate tidelands and bedlands.
The purpose of this chapter is to license and provide catch reporting requirements for the commercial harvest of wild clams, mussels, and oysters on nonstate lands in an emerging commercial fishery. For purposes of this chapter, "wild" or "wild stocks of" clams, mussels, and oysters means shellfish identified in WAC ((220-88D-050)) 220-360-140. That rule distinguishes between the harvest of wild shellfish stocks subject to this chapter and private sector cultured aquatic products not subject to this chapter. These terms, and all provisions of this chapter pertaining to "wild" or "wild stocks of" clams, mussels, and oysters, or to "private sector cultured aquatic product," are for state resource management, catch reporting, and enforcement purposes only. They are neither intended to be, nor should be characterized as, any determination or evidence of whether "wild" or "wild stocks of" clams, mussels, and oysters (or any portion thereof) are naturally occurring, are subject to treaty sharing, or are part of natural or artificial shellfish beds as those concepts and terms are used and defined in United States v. Washington, 157 F.3d 630 (9th Cir. 1998), the Shellfish Implementation Plan of United States v. Washington, C70-9213, Subproceeding 89-3 (W.D. Wash, rev. April 8, 2002), and other applicable court orders relating to shellfish.
AMENDATORY SECTION (Amending WSR 06-04-015, filed 1/22/06, effective 2/22/06)
WAC 220-88D-050 Identification of wild stocks of clams, mussels, or oysters—Reporting requirements for the commercial harvest of wild clams, mussels, or oysters from nonstate aquatic lands—Conversion to private sector cultured aquatic products.
(1) Based upon RCW 15.85.020(3), the following shellfish are distinguished from private sector cultured aquatic products and are identified as wild stocks that are regulated under this chapter:
(a) All clams, mussels, or oysters that were not propagated, farmed, or cultivated under the active supervision and management of a private sector aquatic farmer; and
(b) All clams, mussels, or oysters that were set naturally prior to the time an aquatic farm was established and placed under the active supervision and management of a private sector aquatic farmer.
(2) Examples of harvested wild stocks of shellfish include, but are not limited to, the following:
(a) Any harvest of clams, mussels, or oysters from a site that is not registered as an aquatic farm unless there is some ability to demonstrate that the shellfish was propagated, farmed, or cultivated under the active supervision of an aquatic farmer;
(b) Any harvest of clams, mussels, or oysters that were naturally set prior to the time an aquatic farm was established at the site and placed under the active supervision and management of an aquatic farmer; and
(c) Shellfish that is harvested from a newly registered aquatic farm during a period when the shellfish is presumed to come from a wild stock as specified in subsection (5) of this section.
(3) The sale of wild stocks of clams, mussels, and oysters must be reported through the use of shellfish receiving tickets. The failure to report the sale of shellfish with a fish receiving ticket when it is required is unlawful activity and constitutes a violation of WAC ((220-69-215)) 220-352-020 and RCW 77.15.630. Any person selling wild stocks of clams, mussels, and oysters must sell the harvest to a licensed Washington wholesale fish dealer, who is then required to complete the fish ticket. Alternatively, if the person harvesting the clams, mussels, or oysters sells this shellfish at retail or arranges for the harvested shellfish to be transported out-of-state, they must be a licensed wholesale dealer and must complete a fish receiving ticket for each day's sales or for each shipment.
(4) Wild stock sales may not be reported on aquatic farm quarterly production reports. Only private sector cultured aquatic products may be reported on quarterly production reports.
(5) The following shellfish are presumed to be wild shellfish that are subject to these regulations:
(a) All mussels, oysters, and clams other than geoducks that are commercially harvested from the nonstate lands within the first twelve months after a complete application for the aquatic farm registration is filed; and
(b) All geoducks commercially harvested from the nonstate lands within the first thirty-six months after a complete application for the aquatic farm registration is filed.
The presumption that shellfish harvested from a newly registered aquatic farm during these time periods are from wild stocks may be overcome by a showing that the harvested shellfish were actually propagated, farmed, or cultivated under the active supervision of an aquatic farmer. After twelve or thirty-six months, respectively, all shellfish produced from a registered aquatic farm will be presumed to be private sector cultured aquatic products, and must be reported on quarterly aquatic farm reports. If a person does not commercially harvest mussels, oysters, or clams other than geoducks for the first twelve months after the aquatic farm registration, or does not commercially harvest geoducks for the first thirty-six months after registration, there is no requirement to obtain an emerging commercial fishery license or trial fishery permit.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
NEW SECTION
The following sections of the Washington Administrative Code are decodified and recodified as follows:
REPEALER
The following sections of the Washington Administrative Code are repealed:
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 00-01-101, filed 12/16/99, effective 1/16/00)
WAC 220-125-020 Issuing orders of revocation or suspension.
Upon a determination that there are grounds for an order of revocation or suspension provided by statute, the director, or the director's authorized designee, is authorized to issue a revocation or suspension order.
(1) Time limit for orders. An order shall be issued no later than two years from the last conviction or other event that provides the grounds for the order.
(2) Effective date of orders. An order shall not be effective until the 21st calendar day following the mailing date of the order and shall remain in effect through the entire period of suspension, or the remaining period of the revoked license, unless the order is withdrawn, or unless recipient files a timely request for an adjudicative proceeding under WAC ((220-125-050)) 220-220-430 to contest the order. When there is a timely request for an adjudicative proceeding, the effective date, if any, shall be set by the final order that results from the adjudicative proceeding.
(3) Exception for orders that take effect immediately. If the director makes a finding that public health, safety, or welfare requires emergency action, the order may provide that revocation or suspension take effect immediately, or at any time prior to an adjudicative proceeding. A person subject to such an order may seek an adjudicative proceeding and that proceeding shall include an opportunity to seek expedited review of the determination that the order take effect immediately.
(4) Finality of orders. If there is no timely request for an adjudicative proceeding, then the order shall be final. An order contested in an adjudicative proceeding is final when that proceeding ends in a final order pursuant to the Administrative Procedure Act, or is otherwise dismissed. There shall be no collateral attack nor relitigation of any final order.
AMENDATORY SECTION (Amending WSR 00-01-101, filed 12/16/99, effective 1/16/00)
WAC 220-125-070 Orders upon adjudication.
(1) The presiding officer shall enter findings, conclusions, and an order that affirms, modifies, or vacates the original order revoking or suspending. If the presiding officer enters an order that includes any period of revocation or suspension, then the order shall expressly state the beginning and ending period of any period of revocation or suspension, and shall identify the licenses or privileges that are revoked or suspended.
(2) If the revocation or suspension was imposed with a finding of immediate effect pursuant to WAC ((220-125-020)) 220-220-410, then the period shall include such time that the person has been suspended or revoked under WAC ((220-125-020)) 220-220-410. However, if the revocation or suspension did not take effect due to the initiation of the adjudicative proceeding, then the period of revocation or suspension shall begin on the twenty-first day after service of the final order and continue through the period set by statute or applicable rule.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 99-11-004, filed 5/6/99, effective 6/6/99)
WAC 220-130-020 Definitions.
(1) "Volunteer group" means any person or group of persons interested in or party to an agreement with the department of fish and wildlife relating to a cooperative fish or wildlife project.
(2) "Cooperative project" means a project conducted by a volunteer group that will benefit fish, shellfish, game bird, nongame wildlife, or game animal resources of the state and for which the benefits of the project, including fish and game reared and released are available to all citizens of the state. Indian tribes may elect to participate in cooperative fish and wildlife projects with the department.
(3) "Department" means the department of fish and wildlife.
(4) "Reimbursable expenses" means an actual expense of a project that may be reimbursed by the department to the project from funds generated by the sale of surplus salmon carcasses and nonviable surplus salmon eggs from that project.
(5) "Surplus salmon eggs" means those salmon eggs that are surplus to both the needs of all programs of the department and other public entities as described in chapter ((220-74)) 220-304 WAC.
(6) "Surplus salmon carcasses" means those salmon carcasses that are surplus to both the needs of all programs of the department and other public entities as described in chapter ((220-74)) 220-304 WAC.
(7) "Viable salmon eggs" mean those salmon eggs which are fertile and capable of being cultured.
(8) "Nonviable salmon eggs" mean those eggs which are infertile.
AMENDATORY SECTION (Amending WSR 04-01-055, filed 12/11/03, effective 1/11/04)
WAC 220-130-080 Project recovery of reimbursable expenses.
Cooperative projects which rear salmon have the potential for generating income from the sale of surplus salmon carcasses and eggs derived from fishes produced at those projects, and to which salmon return to spawn at the end of their life cycle. If the department determines that it is appropriate to do so, such cooperative projects may, under the guidance of the department and by administrative rules and guidelines established for this purpose, recover some of the cooperative projects operating costs through the sale of nonviable salmon eggs and carcasses. It is understood that the primary objective of this provision is not to establish projects which constitute fish farms, but to allow those projects which may generate surplus fish which elude sport, commercial or tribal fisheries to sell the resulting surplus to help defray the cost of the particular cooperative project.
(1) In order for a project to recover reimbursable expenses, the project must have an annual budget presubmitted and approved by the department. The budget must generally show expected expenses, including the names of all persons expected to draw salaries as hired labor.
(2) Under administrative rules developed for this purpose, the cooperative project may sell nonviable salmon eggs and carcasses by soliciting competitive bids from approved buyers, as determined by the department.
(3) Volunteer cooperative project surplus salmon eggs shall be sold as prescribed by chapter ((220-74)) 220-304 WAC, Surplus salmon eggs.
(4) All moneys generated by such sales shall be paid to the department and placed into a special account used solely to fund the reimbursable expenses of the cooperative project which generated the funds.
(5) In order to utilize the funds generated by such sales, a cooperative project must submit a list of expenses accompanied by original invoices, including signed time sheets for hired labor salary expenses, which clearly shows that the expenses relate to the presubmitted budget for the project which comply with all accounting and contract requirements.
(6) Reimbursable expenses shall be limited to the actual annual operating expenses of the project. No profit may be realized by the project, and no moneys shall apply to amortization or depreciation.
(7) Viable surplus salmon eggs may not be sold, bartered, exchanged or disposed of by any volunteer group.
(8) Surplus salmon carcass sales may not be allowed if the department determines that they would be more appropriately utilized to reseed streams in an effort to restore or enhance habitat through nutrient enrichment.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 98-02-017, filed 12/30/97, effective 1/30/98)
WAC 220-140-010 Regional fisheries enhancement groups—Definitions.
The following definitions apply to this chapter:
(1) "Regional fisheries enhancement group" or "group" means a nonprofit association established in compliance with Title 24 RCW, representing diverse interests, and which will work together within a predesignated area for the express purpose of enhancing salmon production and habitat in that area.
(2) "Regional fisheries enhancement group's project surplus viable salmon eggs" means those viable salmon eggs that are surplus to both the needs of the department and other public entities within the state and to the group itself. The priority for use of viable salmon eggs is as established in chapter ((220-74)) 220-304 WAC.
AMENDATORY SECTION (Amending WSR 90-04-026, filed 1/30/90, effective 3/2/90)
WAC 220-140-030 Establishing a regional fisheries enhancement group.
(1) In order to establish a regional fisheries enhancement group, interested parties must make application through the department. In order to qualify to establish a group, interested parties must:
(a) Identify which geographic region the interested parties live in.
(b) Identify the interested parties, including addresses.
(c) Identify a representative who will work with the department on the initial application.
(d) Agree to form a nonprofit corporation, registered with the secretary of state of the state of Washington.
(e) Agree to periodic audits by the department, or its representative.
(2) The department will provide coordination and technical assistance to facilitate the application by prospective groups to be fisheries regional enhancement groups. The department shall provide a format and guidelines which any prospective group may use to make initial application. An initial application will be reviewed by the regional enhancement task force within thirty days, and notice will be given in writing of any omissions or errors and corrective action will be discussed with the group representative. The prospective group will be given thirty days for correction and resubmission of the application.
(3) The goal shall be one prospective group per region, and a department coordinator shall seek reconciliation of competing interests, but in the event two or more prospective groups make application, the department may request a representative of each group to meet with the regional enhancement task force and make a presentation addressing why that group should be the fisheries regional enhancement group for the region. The regional fisheries task force shall recommend to the director which group shall be selected as the regional fisheries enhancement group. The criteria to be considered when choosing from among competing groups shall include, but not be limited to:
(a) Representation of diverse interests within the group.
(b) The intentions of the group regarding salmon production, salmon habitat protection, and salmon habitat enhancement.
(c) The inclusion of an educational component within the group's planning process.
(d) Group plans to provide accountability for both salmon production and fiscal matters.
(e) The expected level of voluntary contributions to and voluntary participation in group projects.
(4) Upon selection of the prospective group, the department will provide guidance and assistance with the articles of incorporation and establishment as a 501 (C)(3) organization.
(5) After approval as a group, incorporation, and initial 501 (C)(3) application, one-twelfth of the start up funds provided for in section 9, chapter 426, Laws of 1989, will be made available, as needed, to each group for start up costs, other than incorporation costs, or start up projects. Distribution of start up funds for start up costs or start up projects will be made by the director, based on review and recommendation by the regional enhancement task force. After January 1, 1991, uncommitted start up funds may be distributed by the director to established groups for start up projects, based on review and recommendation of the regional enhancement task force.
AMENDATORY SECTION (Amending WSR 98-02-017, filed 12/30/97, effective 1/30/98)
WAC 220-140-040 Regional fisheries enhancement groups—Project funds from the sale of surplus salmon carcasses and eggs.
(1) Regional fisheries enhancement groups whose projects produce surplus salmon carcasses and eggs may request that the department sell such surplus, providing the following conditions are met:
(a) Salmon must be returning to a department approved group facility (hatchery, trap or weir);
(b) An approved and current salmon rearing project must be on file with the department;
(c) The department must declare that a surplus exists beyond the needs of the department, tribes, other public entities, and group project requirements; and
(d) Use of funds generated by such sale will be approved by the regional fisheries enhancement group advisory board and the department, using the same procedure as established for handling moneys allocated from the regional fisheries enhancement group account.
(2) The department may sell the surplus salmon carcasses, nonviable eggs and viable eggs of a group project. Surplus viable salmon eggs shall be sold by the department as prescribed in chapter ((220-74)) 220-304 WAC, Surplus salmon eggs. A group may not sell any salmon products resulting from its activities.
(3) All money received by the department from the sale of group surplus salmon carcasses, nonviable eggs and viable eggs shall be placed into the regional fisheries enhancement group account and used solely to fund the expenses of approved activities for the group that developed the project.
(4) All money received by the department from the sale of surplus salmon carcasses, nonviable eggs and viable eggs returning to state funded hatcheries shall be placed into the general regional fisheries enhancement group account. Eighty percent of this money will be distributed equally to each of the twelve groups and twenty percent will be used by the department to administer the program.
(5) All fish produced from an approved group project are intended for release into state waters. Live fish will not be transported from a group project without prior written approval of the department.
(6) Surplus carcasses from salmon returning to a group project may be seeded into and along streams if a plan to do so has been preapproved and coordinated by the department.
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
NEW SECTION
The following chapter of the Washington Administrative Code is decodified and recodified as follows:
AMENDATORY SECTION (Amending WSR 16-06-073, filed 2/26/16, effective 7/1/16)
WAC 220-310-175 Freshwater exceptions to statewide rules—General rules.
The following provisions and definitions apply to this section through WAC ((220-310-200)) 220-312-060.
(1) It is unlawful to fish for, take, or possess salmon from freshwater streams and lakes that are not specifically listed as open for salmon fishing.
(2) Waters listed as open during a specific date range that do not reference a particular species are open during the date range for game fish only.
(3) Rivers, streams, and beaver ponds are closed to fishing unless specifically listed as open.
(4) All limits are daily limits, unless otherwise provided.
(5) Within Puget Sound, beaver ponds located within or adjoining streams that are listed as open to trout and other game fish follow the same rules as the stream, except as otherwise provided.
(6) It is permissible to retain up to two hatchery steelhead in waters where the season is open for game fish or salmon in WAC ((220-310-180 and 220-310-190)) 220-312-020 and 220-312-040, unless explicitly listed as closed to hatchery steelhead in WAC ((220-310-180 and 220-310-190)) 220-312-020 and 220-312-040.
(7) A "float" or "bobber" means a hookless, floating device that is attached to or slides along the mainline or leader above the hook(s) for the purpose of suspending hook(s) (which are not part of the bait, lure, or fly) off the bottom of the stream or lake and visually signal (from the surface of the water) a fish's strike at the hook(s).
(8) "Lead jig" means a lure consisting of a hook permanently or temporarily attached directly to a lead weight by any method.
(9) "Lead weight" means material constructed of lead and applied to a fishing line or lure and designed to help keep the hook, bait, or lure underwater.
(10) "Unmarked salmon" means salmon without either a clipped ventral fin or a clipped adipose fin as evidenced by a healed scar.
(11) Kokanee/sockeye definition for Lake Washington and the Lake Washington Ship Canal in King County: Kokanee and sockeye less than fifteen inches in length are considered kokanee and kokanee and sockeye fifteen inches and over in length are considered sockeye salmon.
(12)(a) A violation of this section through WAC ((220-310-200)) 220-312-060 is an infraction, punishable under RCW 77.15.160, unless the person has harvested fish. If the person has harvested fish, the violation is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree—Penalty, unless the fish are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree—Penalty.
(b) Freshwater terminal gear restrictions:
(i) Terminal gear restrictions apply to all species, including salmon, unless otherwise provided.
(ii) In all waters with freshwater terminal gear restrictions including, but not limited to, night closures, selective gear rules, whitefish gear rules, single-point barbless hooks required, fly-fishing only, and anti-snagging rules, violation of the gear rules is an infraction, punishable under RCW 77.15.160.
(iii) It is unlawful to possess fish taken with gear in violation of the freshwater terminal gear restrictions. Possession of fish while using gear in violation of the freshwater terminal gear restrictions is a rebuttable presumption that the fish were taken with such gear. Possession of such fish is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree—Penalty, unless the fish are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree—Penalty.
(13) For sturgeon fishing rules, see WAC ((220-56-282)) 220-316-010 Sturgeon—Areas, seasons, limits and unlawful acts.
AMENDATORY SECTION (Amending WSR 16-14-045, filed 6/28/16, effective 7/29/16)
WAC 220-310-180 Freshwater exceptions to statewide rules—Coast.
(1) Aberdeen Lake (Grays Harbor County):
(a) Open the fourth Saturday in April through October 31.
(b) Trout: No more than 2 trout over 15 inches in length may be retained.
(2) Alder Creek (Pacific County) (Naselle River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(3) Anderson Lake (Jefferson County):
(a) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(b) Open September 1 through October 31:
(i) Selective gear rules apply.
(ii) Trout: Catch and release only.
(4) Bear Creek (Clallam County) (Bogachiel River tributary):
(a) Open the first Saturday in June through August 31.
(b) It is unlawful to use anything other than one barbless hook.
(c) It is unlawful to use bait.
(d) Trout:
(i) Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(ii) Release wild (unclipped) rainbow trout.
(5) Bear Creek (Clallam County) (Sol Duc River tributary):
(a) Open the first Saturday in June through August 31.
(b) It is unlawful to use anything other than one barbless hook.
(c) It is unlawful to use bait.
(d) Trout:
(i) Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(ii) Release wild (unclipped) rainbow trout.
(6) Bear River (Pacific County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) Open the first Saturday in June through March 31.
(c) August 16 through November 30: Night closure in effect.
(i) From the mouth (Highway 101 Bridge) to Lime Quarry Road (approximately two river miles):
(A) August 16 through November 30:
(I) Barbless hooks required.
(II) Anti-snagging rule applies.
(B) Release all fish, except anglers may retain up to 2 hatchery steelhead.
(C) Salmon:
(I) Open September 1 through January 31.
(II) Limit 6 fish; only 4 may be adults.
(III) Release wild Chinook.
(ii) From the Lime Quarry Road upstream to the Longview Fiber Bridge:
(A) Selective gear rules apply.
(B) Release all fish, except anglers may retain up to 2 hatchery steelhead.
(7) Beaver Creek (Clallam County) (Sol Duc River tributary):
(a) From the mouth upstream to Beaver Falls:
(i) Open the first Saturday in June through August 31.
(ii) It is unlawful to use anything other than one barbless hook.
(iii) It is unlawful to use bait.
(iv) Trout:
(A) Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(B) Release wild (unclipped) rainbow trout.
(b) From Beaver Falls upstream to Beaver Lake: Open the first Saturday in June through October 31.
(8) Beaver Lake (Clallam County):
(a) Selective gear rules apply.
(b) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(c) Trout: Maximum length 12 inches.
(9) Big Creek (Grays Harbor County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(10) Big River (Clallam County), outside of Olympic National Park:
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) Open the first Saturday in June through October 15, and January 1 through the last day of February.
(c) Selective gear rules apply.
(d) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(e) Trout:
(i) Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(ii) Release kokanee.
(11) Black Creek (Grays Harbor County) (Wynoochee River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(12) Black Lake (Pacific County): Open the fourth Saturday in April through October 31.
(13) Black River (Grays Harbor/Thurston counties):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) From the mouth to State Highway 12:
(i) Open the first Saturday in June through October 31.
(ii) Selective gear rules apply.
(iii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(c) From Highway 12 to bridge on 128th Ave. S.W.:
(i) Anti-snagging rule applies.
(ii) Night closure in effect.
(iii) Barbless hooks are required.
(iv) Open for game fish the first Saturday in June through October 31; trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(d) From bridge on 128th Avenue S.W. (west of Littlerock) to Black Lake:
(i) Open the first Saturday in June through October 31.
(ii) Selective gear rules apply.
(14) Bogachiel River (Clallam County):
(a) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(b) Release wild (unclipped) rainbow trout.
(c) It is unlawful to use anything other than one barbless hook.
(d) From the mouth to mouth of Mill Creek:
(i) Open the first Saturday in June through August 31 and November 16 through April 30.
(ii) It is unlawful to use bait the first Saturday in June through September 30 and February 16 through April 30.
(iii) Trout:
(A) From the first Saturday in June through August 31 and November 16 through March 31: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(B) From April 1 through April 30: Trout minimum length 14 inches.
(C) November 16 through last day in February: The limit may include one additional hatchery steelhead.
(iv) Salmon open July 1 through August 31 and November 16 through 30:
(A) From July 1 through August 31:
(I) Limit 6; no more than 2 adults may be retained.
(II) Release wild adult Chinook and wild adult coho.
(B) From November 16 through November 30: Limit one; release wild coho.
(e) From the mouth of Mill Creek to the Highway 101 Bridge:
(i) Open the first Saturday in June through August 31 and December 1 through April 30.
(ii) It is unlawful to use bait the first Saturday in June through September 30 and February 16 through April 30.
(iii) Trout:
(A) From the first Saturday in June through August 31 and December 1 through March 31: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(B) From April 1 through April 30: Trout minimum length 14 inches.
(C) December 1 through last day in February: The limit may include one additional hatchery steelhead.
(iv) Salmon open July 1 through August 31.
(I) Limit 6; no more than 2 adults may be retained.
(II) Release wild adult Chinook and wild adult coho.
(f) From Highway 101 Bridge to Olympic National Park boundary:
(i) Open the first Saturday in June through August 31 and December 1 through April 30.
(ii) It is unlawful to use bait.
(iii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length, as part of the limit.
(15) Bone River (Pacific County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(16) Bunker Creek (Lewis County) (Chehalis River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(17) Butte Creek (Pacific County) (Smith River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(18) Calawah River (Clallam County):
(a) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(b) Release wild (unclipped) rainbow trout.
(c) It is unlawful to use anything other than one barbless hook.
(d) From the mouth to the Highway 101 Bridge:
(i) Open the first Saturday in June through August 31 and November 16 through April 30.
(ii) It is unlawful to use bait the first Saturday in June through September 30 and February 16 through April 30.
(iii) Trout:
(A) From the first Saturday in June through August 31 and November 16 through March 31: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(B) From April 1 through April 30: Trout minimum length 14 inches.
(C) From November 16 through the last day in February: The limit may include one additional hatchery steelhead.
(iv) Salmon open July 1 through August 31 and November 16 through November 30:
(A) From July 1 through August 31:
(I) Limit 6; only 2 adults may be retained.
(II) Release wild adult Chinook and wild adult coho.
(B) From November 16 through November 30: Limit one; release wild coho.
(e) From the Highway 101 Bridge to the forks:
(i) Open the first Saturday in June through August 31 and December 1 through April 30.
(ii) It is unlawful to use bait.
(iii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length, as part of the limit.
(19) Calawah River, North Fork (Clallam County):
(a) Open the first Saturday in June through August 31.
(b) It is unlawful to use anything other than one barbless hook.
(c) It is unlawful to use bait.
(d) Trout:
(i) Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(ii) Release wild (unclipped) rainbow trout.
(20) Calawah River, South Fork (Clallam County):
(a) Open the first Saturday in June through August 31 and December 1 through the last day in February from the mouth to the Olympic National Park boundary.
(b) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(c) It is unlawful to use anything other than one barbless hook.
(d) It is unlawful to use bait.
(e) Trout:
(i) Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(ii) Release wild (unclipped) rainbow trout.
(21) Cases Pond (Pacific County):
(a) Open the fourth Saturday in April through November 30 to juvenile anglers only.
(b) Landlocked salmon rules apply.
(22) Cedar Creek (Clallam County), outside of Olympic National Park:
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) Open the first Saturday in June through October 31.
(c) Selective gear rules apply.
(d) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(23) Cedar Creek (Grays Harbor/Thurston counties) (Chehalis River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(24) Cedar Creek (Jefferson County), outside Olympic National Park:
(a) Open the first Saturday in June through the last day in February.
(b) Selective gear rules apply.
(c) Trout: Minimum length 14 inches except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(25) Cedar River (Pacific County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(c) Catch and release only.
(26) Chehalis River (Grays Harbor County), including all channels, sloughs, and interconnected waterways:
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) From the mouth (Highway 101 Bridge in Aberdeen) to South Elma Bridge (Wakefield Road) including all channels, sloughs, and interconnected waterways:
(i) All species August 1 through November 30:
(A) Single-point barbless hooks are required.
(B) Anglers may fish with two poles from the mouth to the South Elma Bridge (Wakefield Road), provided they possess a valid two-pole endorsement.
(ii) Game fish:
(A) Open the first Saturday in June through April 15:
(B) Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(iii) Salmon:
(A) Open April 16 through June 30: Limit one salmon.
(B) Open August 1 through September 15:
(I) Limit 6.
(II) Release adult salmon.
(C) September 16 through January 31:
(I) Limit 6; only one adult may be retained.
(II) Release wild Chinook and wild coho.
(c) From South Elma Bridge (Wakefield Road) to the Porter Boat Launch:
(i) All species: Single-point barbless hooks are required August 1 through November 30.
(ii) Game fish:
(A) Open the first Saturday in June through April 15.
(B) Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(iii) Salmon:
(A) Open April 16 through June 30: Limit one salmon.
(B) Open August 1 through September 15:
(I) Limit 6.
(II) Release adult salmon.
(C) Open September 16 through January 31:
(I) Limit 6; only one adult may be retained.
(II) Release wild Chinook and wild coho.
(d) From Porter Boat Launch to the Highway 6 Bridge in the town of Adna:
(i) All species August 16 through November 30: Single-point barbless hooks are required.
(ii) Game fish:
(A) Open the first Saturday in June through April 15:
(B) Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(iii) Salmon:
(A) Open April 16 through June 30: Limit one salmon.
(B) Open September 16 through January 31:
(I) Limit 6; only one adult may be retained.
(II) Release wild Chinook, wild coho, and chum.
(e) From the Highway 6 Bridge in the town of Adna to the high bridge on Weyerhaeuser 1000 line approximately 400 yards downstream of Roger Creek (south of Pe Ell):
(i) All species August 16 through November 30: Single-point barbless hooks are required.
(ii) Game fish:
(A) Open the first Saturday in June through April 15.
(B) Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(iii) Salmon:
(A) Open September 16 through January 31:
(I) Limit 6; only one adult may be retained.
(II) Release Chinook, wild coho, and chum.
(f) From high bridge on Weyerhaeuser 1000 line (approximately 400 yards downstream from Roger Creek, south of Pe Ell, including all forks) upstream:
(i) Open the first Saturday in June through April 15.
(ii) Selective gear rules apply.
(iii) Release all fish, except anglers may retain up to 2 hatchery steelhead.
(27) Chehalis River, South Fork (Lewis County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) From the mouth to County Highway Bridge near Boistfort School:
(i) Open the first Saturday in June through April 15.
(ii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(c) From the County Highway Bridge near Boistfort School, upstream:
(i) Open the first Saturday in June through October 31.
(ii) Selective gear rules apply.
(28) Chenois Creek (Grays Harbor County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(29) Chester Creek (Grays Harbor County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(30) Chimacum Creek (Jefferson County):
(a) From the mouth to Ness's Corner Road:
(i) Open the first Saturday in June through August 31.
(ii) Selective gear rules apply.
(iii) Catch and release only.
(b) From Ness's Corner Road to headwaters:
(i) Open the first Saturday in June through October 31.
(ii) Selective gear rules apply.
(iii) Catch and release only.
(31) Clallam River (Clallam County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) Open the first Saturday in June through January 31.
(c) Selective gear rules apply from the first Saturday in June through October 31.
(d) From the first Saturday in June through October 31: Catch and release only.
(e) Trout: Minimum length 14 inches.
(32) Clearwater River (Jefferson County):
(a) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(b) It is unlawful to use anything other than one barbless hook.
(c) Release wild (unclipped) rainbow trout.
(d) From the mouth to Snahapish River:
(i) Open the first Saturday in June through August 31 and December 1 through April 15:
(ii) It is unlawful to use bait the first Saturday in June through September 30 and February 16 through April 15.
(iii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(e) From Snahapish River upstream:
(i) Open the first Saturday in June through August 31.
(ii) It is unlawful to use bait.
(iii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length, as part of the limit.
(33) Cloquallum Creek (Grays Harbor County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) From the mouth to the outlet at Stump Lake:
(i) Open the first Saturday in June through the last day in February.
(ii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length, as part of the limit.
(c) From the outlet at Stump Lake upstream:
(i) Open the first Saturday in June through October 31.
(ii) Selective gear rules apply.
(34) Coal Creek (Clallam County) tributary to Ozette River, outside the Olympic National Park boundary:
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(c) Trout:
(i) Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length, as part of the limit.
(ii) Release kokanee.
(35) Connor Creek (Grays Harbor County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(c) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(36) Cook Creek (Grays Harbor County), from the Quinault Indian Reservation boundary upstream:
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(c) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(37) Copalis River (Grays Harbor County):
(a) General river rules:
(i) From the first Saturday in June through last day in February: Open for game fish.
(ii) It is permissible to retain hatchery steelhead with a dorsal fin height of less than 2 1/8 inches or with an adipose or ventral fin clip.
(b) Rules by river section:
(i) From the mouth to Carlisle Bridge:
(A) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(B) Salmon:
(I) Open October 1 through January 31.
(II) Limit 6; only one adult salmon may be retained.
(III) Release adult Chinook and chum.
(ii) From Carlisle Bridge upstream: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(38) Crim Creek (Lewis County) (Chehalis River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(39) Crocker Lake (Jefferson County): Closed.
(40) Crooked Creek (Clallam County) and tributaries that are outside of Olympic National Park:
(a) Open the first Saturday in June through October 15.
(b) Selective gear rules apply.
(c) Trout:
(i) Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(ii) Release kokanee.
(41) Damon Lake (Grays Harbor County): Open the first Saturday in June through October 31.
(42) Deep Creek (Clallam County) (Humptulips River tributary):
(a) Open December 1 through January 31.
(b) Selective gear rules apply.
(c) Release all fish, except mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(43) Deep Creek (Grays Harbor County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(44) Delezene Creek (Grays Harbor County) (Chehalis River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(45) Dickey River (Clallam County):
(a) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(b) Release wild (unclipped) rainbow trout.
(c) It is unlawful to use anything other than one barbless hook.
(d) From Olympic National Park boundary upstream to the confluence of the East and West forks:
(i) Open the first Saturday in June through August 31 and December 1 through April 30.
(ii) It is unlawful to use bait the first Saturday in June through September 30 and February 16 through April 30.
(iii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(iv) Salmon open July 1 through August 31:
(I) Limit 6; only 2 adult salmon may be retained.
(II) Release wild adult Chinook and wild adult coho.
(e) From the confluence of the East and West forks upstream (for both forks):
(i) Open the first Saturday in June through August 31 and December 1 through April 30.
(ii) It is unlawful to use bait.
(iii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(46) Donkey Creek (Grays Harbor County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(47) Duck Lake (Grays Harbor County):
(a) Crappie: No limit and no minimum length.
(b) Grass carp: No limit for anglers and bow and arrow fishing.
(48) Dungeness River (Clallam County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) From the mouth to the forks at Dungeness Forks Campground:
(i) Open October 6 through January 31.
(ii) Trout: Minimum length 14 inches.
(iii) Salmon:
(A) Open only from the mouth to the hatchery intake pipe at river mile 11.3 from October 16 through December 31.
(B) Limit 4 coho only.
(c) From Gold Creek upstream: Open the Saturday before Memorial Day through October 31.
(49) East Twin River (Clallam County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(c) Catch and release only.
(50) Eight Creek (Lewis County) (tributary to Elk Creek, which is a Chehalis River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(51) Elk Creek (Clallam County), outside of Olympic National Park:
(a) Open the first Saturday in June through October 15.
(b) Selective gear rules apply.
(c) Trout:
(i) Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(ii) Release kokanee.
(52) Elk Creek (Lewis County) (Chehalis River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(53) Elk Lake (Clallam County):
(a) Open the first Saturday in June through October 15.
(b) Selective gear rules apply.
(c) Trout:
(i) Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(ii) Release kokanee.
(54) Elk River (Grays Harbor County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) From the mouth (Highway 105 Bridge) to the confluence of the middle branch:
(i) Open the first Saturday in June through the last day in February.
(ii) From August 16 through November 30: Single-point barbless hooks are required.
(iii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(c) From confluence of the middle branch upstream:
(i) Open the first Saturday in June through the last day in February.
(ii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(55) Elkhorn Creek (Pacific County) (Smith Creek tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(56) Ellis Creek (Pacific County) (Willapa River tributary):
(a) Open the first Saturday in June through October 15.
(b) Selective gear rules apply.
(57) Ellsworth Creek (Pacific County) (Naselle River tributary):
(a) Open the first Saturday in June through September 30.
(b) Selective gear rules apply.
(58) Failor Lake (Grays Harbor County):
(a) Open the fourth Saturday in April through October 31.
(b) Trout: It is unlawful to retain more than two trout over 15 inches in length per day.
(59) Fairchild Creek (Pacific County) (Wilson Creek tributary, which is a Willapa River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(60) Fall River (Pacific County) (North River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(61) Falls Creek (Pacific County) (Willapa River tributary):
(a) Open the first Saturday in June through October 15.
(b) Selective gear rules apply.
(62) Fern Creek (Pacific County) (Willapa River tributary):
(a) Open the first Saturday in June through October 15.
(b) Selective gear rules apply.
(63) Finn Creek (Pacific County) (North Nemah River tributary): Open the first Saturday in June through October 31.
(64) Fork Creek (Pacific County) (Willapa River tributary):
(a) From Forks Creek Hatchery rack upstream 500 feet at fishing boundary sign:
(i) Open only for anglers with lower extremity disabilities who must permanently use a medically prescribed assistive device every time for mobility as defined in WAC ((232-12-825(1))) 220-413-150 and possess a designated harvester companion card.
(ii) Night closure in effect.
(iii) From October 1 through November 30:
(A) Single-point barbless hooks are required.
(B) Stationary gear restriction applies.
(iv) Open the first Saturday in June through July 15 and October 1 through March 31: Release all fish, except anglers may retain up to 2 hatchery steelhead.
(v) Salmon open October 1 through January 31.
(A) From October 1 through November 30:
(I) Limit 6; only 3 adults may be retained, and only 2 may be wild adult coho.
(II) Release wild Chinook.
(B) From December 1 through January 31:
(I) Limit 6; only 2 adults may be retained, and only one may be a wild adult coho.
(II) Release wild Chinook.
(b) From the fishing boundary sign 500 feet above Forks Creek Hatchery rack upstream to the source:
(i) Open the first Saturday in June through October 31.
(ii) Selective gear rules apply.
(65) Garrard Creek (Grays Harbor County) (Chehalis River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(66) Gibbs Lake (Jefferson County):
(a) Selective gear rules apply.
(b) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(c) Trout: Catch and release only.
(67) Goodman Creek (Jefferson County), outside Olympic National Park:
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) Open the first Saturday in June through the last day in February.
(c) Selective gear rules apply.
(d) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(68) Grass Creek (Grays Harbor County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(69) Gray Wolf River (Clallam County): From the bridge at river mile 1.0, upstream:
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(c) Catch and release only.
(70) Halfmoon Creek (Pacific County) (Willapa River tributary):
(a) Open the first Saturday in June through October 15.
(b) Selective gear rules apply.
(71) Halfway Creek (Lewis County) (tributary of Stillman Creek, which is a Chehalis River tributary):
(a) Open the first Saturday in June through October 31 from the mouth to the second bridge crossing on Pe Ell McDonald Road.
(b) Selective gear rules apply.
(72) Hanaford Creek (Lewis County) (Skookumchuck River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(73) Harris Creek (Grays Harbor County) (Chehalis River tributary):
(a) Open the first Saturday in June through October 31.
(b) Trout: Selective gear rules apply.
(74) Hoh River (Jefferson County):
(a) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(b) Release wild (unclipped) rainbow trout.
(c) It is unlawful to use anything other than one barbless hook.
(d) From the Olympic National Park boundary upstream to the DNR Oxbow Campground Boat Launch:
(i) Open August 1 through October 10 and November 21 through April 15.
(A) From August 1 through October 10 and November 21 through March 31: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(B) From April 1 through April 15: Trout minimum length 14 inches.
(C) From November 21 through February 15: The trout limit may include one additional hatchery steelhead.
(ii) It is unlawful to use bait the first Saturday in June through September 30 and February 16 through April 15.
(iii) Salmon open September 1 through October 10 and November 21 through November 30: Limit 6; only one adult may be retained. Release wild coho.
(e) From the DNR Oxbow Campground Boat Launch to Morgans Crossing Boat Launch site:
(i) Open August 1 through October 10 and November 21 through April 15.
(ii) It is unlawful to use bait.
(iii) From August 1 through April 15: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(iv) Salmon open November 21 through November 30: Limit 6; only one adult may be retained. Release wild coho.
(f) From Morgan's Crossing Boat Launch upstream to the Olympic National Park boundary below mouth of South Fork Hoh River:
(i) Open August 1 through October 10 and November 21 through April 15.
(ii) It is unlawful to use bait.
(iii) It is unlawful to fish from a floating device.
(iv) Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(75) Hoh River, South Fork (Jefferson County), outside the Olympic National Park boundary:
(a) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(b) Open August 1 through October 10 and November 21 through April 15.
(c) It is unlawful to use anything other than one barbless hook.
(d) It is unlawful to use bait.
(e) Trout:
(i) Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(ii) Release wild (unclipped) rainbow trout.
(76) Hoko River (Clallam County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) From the mouth to the upper Hoko Bridge:
(i) Closed to fishing from the hatchery ladder downstream 100 feet.
(ii) Open the first Saturday in June through March 15. Open to fly fishing only September 1 through October 31, except mandatory retention of hatchery steelhead.
(iii) Trout: Minimum length fourteen inches.
(c) From the upper Hoko Bridge to Ellis Creek Bridge (river mile 18.5):
(i) Open the first Saturday in June through March 31 to fly fishing only, except mandatory retention of hatchery steelhead.
(ii) Release all fish except anglers may retain up to two hatchery steelhead, except mandatory retention of hatchery steelhead.
(77) Hoquiam River, including West Fork (Grays Harbor County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) From the mouth (Highway 101 Bridge on Simpson) to Dekay Road Bridge (West Fork):
(i) August 16 through November 30: Single-point barbless hooks are required.
(ii) Open the first Saturday in June through the last day of February: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(c) From Dekay Road Bridge upstream:
(i) Open the first Saturday in June through the last day of February.
(ii) Selective gear rules apply.
(iii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(78) Hoquiam River, East Fork (Grays Harbor County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) From the mouth to the confluence of Berryman Creek:
(i) August 16 through November 30: Single-point barbless hooks are required.
(ii) Open the first Saturday in June through the last day of February: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(c) From the confluence of Berryman Creek upstream to Youman's Road Bridge:
(i) Open the first Saturday in June through the last day of February.
(ii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(79) Hoquiam River, Middle Fork (Grays Harbor County): From the mouth upstream:
(a) Open the first Saturday in June through last day of October.
(b) Selective gear rules apply.
(80) Horseshoe Lake (Jefferson County):
(a) Open the fourth Saturday in April through October 31.
(b) Selective gear rules apply.
(c) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(d) Trout: Limit one.
(81) Howe Creek (Jefferson County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(c) Catch and release only.
(82) Humptulips River (Grays Harbor County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) From the mouth (Jessie Slough) to the Highway 101 Bridge, including all channels, sloughs, and interconnected waterways:
(i) From August 16 through November 30:
(A) Night closure in effect.
(B) Single-point barbless hooks are required.
(ii) Open the first Saturday in June through March 31: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(iii) Salmon open September 1 through January 31:
(A) From September 1 through September 30:
(I) Limit 6; only 2 adults may be retained, and only one may be a wild adult Chinook.
(II) Release wild coho.
(B) From October 1 through November 15:
(I) Limit 6; only 2 adults may be retained, and only one may be an adult Chinook.
(II) Release wild coho.
(C) From November 16 through January 31:
(I) Limit 6: Only one adult may be retained.
(II) Release Chinook and wild coho.
(c) From the Highway 101 Bridge to the confluence of the East and West forks:
(i) From December 1 through March 31: It is unlawful to fish from a floating device equipped with an internal combustion motor.
(ii) From August 16 through November 30:
(A) Night closure in effect.
(B) Single-point barbless hooks are required.
(iii) Open the first Saturday in June through March 31:
(A) From the first Saturday in June through the last day in February: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(B) From March 1 through March 31:
(I) Release all fish, except anglers may retain up to 2 hatchery steelhead.
(II) Selective gear rules apply.
(iv) Salmon open September 1 through January 31:
(A) From September 1 through September 30:
(I) Limit 6; only 2 adults may be retained, and only one may be a wild adult Chinook.
(II) Release wild coho.
(B) From October 1 through November 15:
(I) Limit 6; only 2 adults may be retained, and only one may be an adult Chinook.
(II) Release wild coho.
(C) From November 16 through January 31:
(I) Limit 6; only one adult may be retained.
(II) Release Chinook and wild coho.
(83) Humptulips River, East Fork (Grays Harbor County):
(a) From the mouth to the concrete bridge on Forest Service Road 220:
(i) August 16 through October 31: Anti-snagging rule applies and night closure in effect.
(ii) Open the first Saturday in June through October 31: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(b) From the concrete bridge on Forest Service Road 220 upstream:
(i) Open the first Saturday in June through October 31.
(ii) Selective gear rules apply.
(84) Humptulips River, West Fork (Grays Harbor County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) From the mouth to Donkey Creek:
(i) August 16 through November 30: Anti-snagging rule applies and night closure in effect.
(ii) Open the first Saturday in June through March 31:
(A) From the first Saturday in June through the last day in February: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(B) From March 1 through March 31:
(I) Selective gear rules apply.
(II) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(III) Release all fish, except anglers may retain up to 2 hatchery steelhead.
(c) From Donkey Creek upstream:
(i) Open the first Saturday in June through October 31.
(ii) Selective gear rules apply.
(85) Independence Creek (Grays Harbor County) (Chehalis River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(86) Jimmy-Come-Lately Creek (Clallam County):
(a) From the mouth to confluence with East Fork:
(i) Open the first Saturday in June through August 31.
(ii) Selective gear rules apply.
(iii) Catch and release only.
(b) From confluence with East Fork upstream, including East Fork: Open the first Saturday in June through October 31.
(87) Joe Creek (Grays Harbor County):
(a) From the mouth to Ocean Beach Road Bridge:
(i) August 16 through November 30: Single-point barbless hooks are required.
(ii) Open the first Saturday in June through November 30: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(iii) Salmon open October 1 through November 30:
(A) Limit 6; only one adult may be retained.
(B) Release adult Chinook and chum.
(b) From Ocean Beach Road Bridge upstream:
(i) Open the first Saturday in June through October 31.
(ii) Selective gear rules apply.
(iii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(88) Johns River (Grays Harbor County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) From the mouth (Highway 105 Bridge) to Ballon Creek:
(i) August 16 through November 30: Single-point barbless hooks are required.
(ii) Open the first Saturday in June through the last day in February: Trout minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(c) From Ballon Creek upstream, including North and South Forks:
(i) Open the first Saturday in June through September 30 and December 1 through the last day in February.
(ii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(89) Jones Creek (Lewis County) (Chehalis River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(90) Kalaloch Creek (Jefferson County), outside Olympic National Park:
(a) Closed within the section posted as the Olympic National Park water supply.
(b) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(c) Open the first Saturday in June through the last day in February:
(i) Selective gear rules apply.
(ii) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(91) Leland Creek (Jefferson County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(c) Catch and release only.
(92) Lena Lake, Lower (Jefferson County): The inlet stream is closed from the mouth upstream to the footbridge (about 100 feet).
(93) Lincoln Creek, including South Fork (Lewis County) (Chehalis River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(94) Lincoln Pond (Clallam County): Open to juvenile anglers only.
(95) Little Hoko River (Clallam County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(c) Catch and release only.
(96) Little Hoquiam River (Grays Harbor County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(97) Little North River (Grays Harbor County) (North River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(98) Little Quilcene River (Jefferson County):
(a) From the mouth to the Little Quilcene River Bridge on Penny Creek Road:
(i) Open the first Saturday in June through October 31.
(ii) From the mouth to Highway 101 Bridge: Open first Saturday in June through August 31.
(iii) Selective gear rules apply.
(iv) It is unlawful to fish from a floating device equipped with an internal combustion motor.
(v) Catch and release only.
(b) From Little Quilcene River Bridge on Penny Creek Road upstream: Open the first Saturday before Memorial Day through October 31.
(99) Long Beach Peninsula waterways and lakes (Pacific County): Open the fourth Saturday in April through October 31.
(100) Loomis Lake (Pacific County): Open the fourth Saturday in April through October 31.
(101) Loomis Pond (Grays Harbor County): Closed.
(102) Lower Salmon Creek (Grays Harbor/Pacific counties) (North River tributary):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(103) Lucas Creek (Lewis County) (tributary to the Newaukum River North Fork):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(c) Trout: Catch and release only.
(104) Ludlow Creek (Jefferson County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(c) Catch and release only.
(105) Ludlow Lake (Jefferson County): Open the fourth Saturday in April through October 31.
(106) Lyre River (Clallam County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
(b) From the mouth to falls near river mile 3:
(i) Open the first Saturday in June through January 31.
(ii) Trout: Minimum length 14 inches.
(c) From the falls to the Olympic National Park boundary:
(i) Open the first Saturday in June through October 31.
(ii) Selective gear rules apply.
(iii) Catch and release only, except mandatory hatchery steelhead retention applies.
(107) Matheny Creek (Jefferson County) (Queets River tributary), outside Olympic National Park:
(a) Open the first Saturday in June through August 31.
(b) It is unlawful to use anything other than one barbless hook.
(c) Trout: Minimum length 14 inches, except it is permissible to retain hatchery (adipose clipped) trout less than 14 inches in length as part of the limit.
(d) Release wild (unmarked) rainbow trout.
(108) McDonald Creek (Clallam County):
(a) Open the first Saturday in June through October 31.
(b) Selective gear rules apply.
(c) Catch and release only.
(109) Middle Nemah River (Pacific County):
(a) Mandatory hatchery steelhead retention. No catch and release of hatchery steelhead.
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