WSR 18-22-010
PERMANENT RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-305—Filed October 25, 2018, 1:32 p.m., effective November 25, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Changes to WAC 220-330-040 would revise the date when recreational anglers can use pot gear in coastal Marine Area 2-1 (Willapa Bay). Currently, the recreational fishery using pot gear is open from December 1 through September 15. This change would allow recreational pot gear to be used two weeks earlier, starting on November 15. This change would not affect the recreational Dungeness crab fishery in the Columbia River where pot gear is already allowed year round.
Citation of Rules Affected by this Order: Amending WAC 220-330-040 Crab—Areas and seasons—Personal use.
Adopted under notice filed as WSR 18-16-011 on July 23, 2018.
Changes Other than Editing from Proposed to Adopted Version: The geographic scope of the proposed rule change is limited to Willapa Bay only rather than all coastal marine areas excluding the Columbia River as described in the proposed rule.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 15, 2018.
Brad Smith, Chair
Fish and Wildlife Commission
AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-330-040Crab—Areas and seasons—Personal use.
(1) It is unlawful to fish for or possess crab taken for personal use from Puget Sound except during the following seasons:
(a) Marine Area 4 east of the Bonilla-Tatoosh line, and Areas 5, 6, 8-1, 8-2, 9, 10, 11, 12, and 13: Open 7:00 a.m., July 1 through Labor Day, Thursday through Monday of each week.
(b) Those waters of Marine Area 7 south and west of a line projected from Village Point, Lummi Island, through the navigation buoy just east of Matia Island, thence to the buoy at Clements Reef, thence to the easternmost point of Patos Island, thence running along the northern shore of Patos Island to the westernmost point of Patos Island, thence true west to the international boundary and south of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island: Open 7:00 a.m., July 15 through September 30, Thursday through Monday of each week.
(c) Those waters of Marine Area 7 north and east of a line projected from Village Point, Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island, running along the northern shoreline of Patos Island and from the westernmost point of Patos Island true west to the international boundary and north of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island: Open 7:00 a.m. August 15 through September 30, Thursday through Monday of each week.
(2) It is unlawful to fish for or possess crab taken for personal use with shellfish pot gear from Marine Areas 1, 2, 3, and Area 4 west of the Bonilla-Tatoosh line except during the period from December 1 through September 15, except that it is lawful to fish for or possess crab taken for personal use with shellfish pot gear from Marine Area 2-1 (Willapa Bay) from November 15 through September 15. Open to gear other than shellfish pot gear year-round.
(3) The Columbia River upstream from a line projected from the outermost end of the north jetty to the exposed end of the south jetty is open to crab fishing for personal use year-round.
(4) It is unlawful to fish for or possess crab taken for personal use with shellfish pot or ring net gear from the waters of Padilla Bay or Swinomish Slough within 25 yards of the Burlington Northern Railroad crossing the northern end of Swinomish Slough except from one hour before official sunrise to one hour after official sunset.
(5) Violation of this section is a misdemeanor, punishable under RCW
77.15.380, Unlawful recreational fishing in the second degree—Penalty.