WAC 220-44-020
Coastal baitfish gear. It is unlawful to
fish for or possess smelt, anchovies, candlefish, herring, or
pilchard taken for commercial purposes from Marine
Fish-Shellfish Management and Catch Reporting Areas 58B, 59A-1, 59A-2, 59B, 60A-1, or 60A-2, except as
provided for in this section.
(1)(a) It is unlawful to fish for or possess smelt taken
for commercial purposes except by hand net gear not exceeding
72 inches maximum frame width. It is unlawful to take smelt
for commercial purposes during weekly closed periods from 8:00
a.m. Friday to 8:00 a.m. Sunday.
(b) Licensing: A smelt dip bag net fishery license is
the license required to operate the gear provided for in this
section.
(c) Incidental catch: It is lawful to retain only
anchovies and candlefish taken incidental to a lawful smelt
fishery.
(2)(a) It is unlawful to fish for or possess candlefish
or anchovies taken for commercial purposes with any gear
except purse seine or lampara not exceeding 1,400 feet in
length nor having mesh size less than 1/2 inch, or dip bag net
not exceeding 72 inches maximum frame width.
(b) Licensing:
(i) A baitfish lampara fishery license is the license
required to operate the lampara gear provided for in this
section.
(ii) A baitfish purse seine fishery license is the
license required to operate the purse seine gear provided for
in this section.
(iii) A smelt dip bag net fishery license is the license
required to operate the hand dip net gear provided for in this
section.
(c) Incidental catch: It is lawful to retain only shad
and pilchard taken incidental to a lawful anchovy or
candlefish fishery. Pilchard may not exceed twenty-five
percent of the weight of the landing. Any sturgeon must be
released unharmed.
(3)(a) It is unlawful to fish for or possess herring or
pilchard taken for commercial purposes except as authorized by
permit issued by the director, except pilchard taken
incidental to candlefish and anchovy.
(b) Licensing:
(i) An emerging commercial fishery license is the license
required for a permittee to fish for or retain pilchard.
(ii) Herring dip bag net, herring drag seine, herring
gill net, herring lampara, or herring purse seine are the
licenses required for a permittee to fish for or to retain
herring.
(4)(a) Violation of licensing requirements under this
section is punishable pursuant to RCW 77.15.500.
(b) Violation of gear requirements under this section is
punishable pursuant to RCW 77.15.520.
(c) Violation of catch requirements under this section is
punishable pursuant to RCW 77.15.550.
[Statutory Authority: RCW 77.12.047. 07-23-002 (Order
07-279), § 220-44-020, filed 11/7/07, effective 12/8/07;
01-07-016 (Order 01-36), § 220-44-020, filed 3/13/01,
effective 4/13/01. Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-44-020, filed 5/19/94,
effective 6/19/94; 84-08-014 (Order 84-24), § 220-44-020,
filed 3/27/84; 79-06-085 (Order 79-38), § 220-44-020, filed
6/4/79; 78-10-046 (Order 78-83), § 220-44-020, filed 9/20/78;
78-05-067 and 78-06-002 (Order 78-20), § 220-44-020, filed
4/27/78 and 5/4/78; 78-04-039 (Order 78-11), § 220-44-020,
filed 3/20/78; Order 77-14, § 220-44-020, filed 4/15/77; Order
1221, § 220-44-020, filed 7/1/75; Order 813, § 220-44-020,
filed 5/5/69; Order 726, § 4 (part), filed 4/24/67; subsection
1 from Order 547, filed 7/5/62; Orders 384 and 256, filed
3/1/60; subsection 2 from Orders 448 and 256, filed 3/1/60;
subsection 3 from Orders 397 and 256, filed 3/1/60;
subsections 4 and 5 from Orders 355 and 256, filed 3/1/60;
subsection 6 from Orders 406 and 256, filed 3/1/60.]