WSR 98-15-081

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 98-122— Filed July 15, 1998, 3:27 p.m. ]

Date of Adoption: June 24, 1998.

Purpose: Amend recreational and commercial rules to reflect 1998 North of Falcon decisions.

Citation of Existing Rules Affected by this Order: Amending WAC 220-16-550 Octopus Hole Conservation Area, 220-20-010 General provisions--Lawful and unlawful acts--Salmon, other food fish and shellfish, 220-36-021 Salmon--Grays Harbor--Summer fishery, 220-36-023 Grays Harbor salmon--Fall fishery, 220-40-021 Willapa Bay salmon--Summer fishery, 220-40-027 Salmon--Willapa Bay fall fishery, 220-47-304 Puget Sound--All citizen salmon species seasons, 220-47-307 Closed areas--Puget Sound salmon, 220-47-311 Purse seine--Open periods, 220-47-401 Reef net open periods, 220-47-410 Gill net--Daily hours, 220-47-411 Gill net--Open periods, 220-47-427 Puget Sound--Beach seine--Emerging commercial fishery--Eligibility--Lawful gear, 220-47-428 Beach seine--Open periods, 220-56-124 Unlawful provisions--Hoodsport hatchery, 220-56-126 Nonbuoyant lures and night closures--Saltwater, 220-56-128 Food fish fishing--Closed areas, 220-56-190 Coastal salmon--Saltwater seasons and daily limits, 220-56-191 Puget Sound salmon--Saltwater seasons and daily limits, 220-56-195 Closed areas--Saltwater salmon angling, 220-56-199 Closed areas--Chinook salmon angling, 220-56-205 Hook rules--Nonbuoyant lures, 220-57-120 Bear River, 220-57-130 Bogachiel River, 220-57-140 Chehalis River, 220-57-155 Clearwater River (Jefferson County), 220-57-160 Columbia River, 220-57-175 Cowlitz River, 220-57-187 Deep River (Wahkiakum County), 220-57-195 Dewatto Creek, 220-57-200 Dickey River, 220-57-235 Elochoman River, 220-57-250 Grays Harbor, 220-57-255 Green River (Cowlitz County), 220-57-270 Hoh River, 220-57-290 Icicle River, 220-57-310 Kalama River, 220-57-315 Klickitat River, 220-57-319 Lewis River, 220-57-335 Naselle River, 220-57-340 Nemah River, 220-57-350 Nooksack River, 220-57-355 North River, 220-57-365 Palix River, 220-57-385 Quillayute River, 220-57-405 Samish River, 220-57-425 Skagit River, 220-57-430 Skokomish River, 220-57-435 Skykomish River, 220-57-450 Snohomish River, 220-57-455 Snoqualmie River, 220-57-460 Sol Duc River, 220-57-465 Stillaguamish River, 220-57-480 Toutle River--North Fork, 220-57-495 Washougal River, 220-57-505 White Salmon River, 220-57-510 Willapa River, 220-57-515 Wind River, 220-57-525 Wynoochee River, and 232-28-619 Washington game fish--Exceptions to state-wide rules; new WAC 220-16-002 Definition--Adult salmon, 220-16-005 Definitions--Authorized, 220-57-432 Skookumchuck River, and 220-57-462 Soos Creek; and repealing WAC 220-47-326 Puget Sound commercial salmon--Assessment of impacts on released fish.

Statutory Authority for Adoption: RCW 75.08.080, 77.12.040.

Adopted under notice filed as WSR 98-11-086 on May 19, 1998.

Changes Other than Editing from Proposed to Adopted Version: WAC 220-36-021 Salmon--Grays Harbor--Summer fishery, 220-36-023 Salmon--Grays Harbor--Fall fishery, and 220-40-021 Salmon--Willapa Bay--Summer fishery, housekeeping change removing the word "from." WAC 220-40-027 Salmon--Willapa Bay--Fall fishery, housekeeping change removing the word "from." Added open periods for fishery in SMCRA 2M and 2G and changed opening date of one fishery in SMCRA 2H per North of Falcon agreement. WAC 220-47-304 Puget Sound--All citizen salmon species seasons, changes species season beginning date in Area 12B to December 18 to conform to management periods agreed to with the Point No Point Treaty Council. WAC 220-47-307 Closed areas--Puget Sound salmon, housekeeping deletion of expired language. Changed Jones Island to James Island in subsection (8) to make geographical reference correct. WAC 220-47-311 Purse seine--Open periods, added open dates and hours for Area 12C per North of Falcon agreements. WAC 220-47-411 Gill net--Open periods, added one day to the opening in Areas 7 and 7A and changed opening in Area 12C per North of Falcon agreement. WAC 220-56-128 Food fish fishing--Closed areas, deleted double listing of Agate Pass closure. WAC 220-56-191 Puget Sound salmon--Saltwater seasons and daily limits, housekeeping change to the name Fourmile rock. WAC 220-56-195 Closed areas--Saltwater salmon angling, changed Commencement Bay closure end date to July 31 per North of Falcon agreement. Housekeeping change in wording for Rosario Strait. WAC 220-56-199 Closed areas--Chinook salmon angling, deleted Duwamish waterway closure. WAC 220-57-270 Hoh River, deleted requirement to release adult coho salmon per the North of Falcon agreement. WAC 220-57-385 Quillayute River, deleted requirement for single barbless hooks per North of Falcon agreement. WAC 220-57-450 Snohomish River, opening date changed from September 1 to October 1. WAC 220-57-455 Snoqualmie River, opening date changed from September 1 to October 1 per North of Falcon agreement.

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 3, Amended 62, Repealed 0.

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

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

July 15, 1998

Evan Jacoby

for Bern Shanks

Director

OTS-2200.1


NEW SECTION
WAC 220-16-002
Definition--Adult salmon.

"Adult salmon" is defined as a chinook salmon greater than 24 inches in length, a coho salmon greater than 20 inches in length, or a chum, pink or sockeye salmon greater than 12 inches in length.

[]

OTS-2159.1


NEW SECTION
WAC 220-16-005
Definitions--Authorized.

"Authorized" when used in the context of authorized employee, authorized department personnel, authorized representative of the department, and terms of similar character, shall be defined as any person employed by the department and performing department activities, or any other person under the direct supervision of an employee and who is performing department activities.

[]

OTS-2206.1


AMENDATORY SECTION(Amending WSR 98-06-031, filed 2/26/98, effective 5/1/98)

WAC 220-16-550
Octopus Hole Conservation Area.

"Octopus Hole Conservation Area" is defined as those waters and bedlands of Hood Canal within a line projected due east from the western shore of Hood Canal on latitude 47°27'01"N for 200 yards, thence southerly 628 yards parallel to the high water mark to latitude ((46°26'66")) 47°26'66", thence due west to shore, but excluding those tidelands, bedlands and waters within 100 feet of the high water mark.

[Statutory Authority: RCW 77.12.040 and 75.08.080.  98-06-031, § 220-16-550, filed 2/26/98, effective 5/1/98.]

OTS-2160.2


AMENDATORY SECTION(Amending WSR 98-06-031, filed 2/26/98, effective 5/1/98)

WAC 220-20-010
General provisions--Lawful and unlawful acts--Salmon, other food fish and shellfish.

(1) It shall be unlawful to take, fish for, possess or transport for any purpose food fish, shellfish or parts thereof, in or from any of the waters or land over which the state of Washington has jurisdiction, or from the waters of the Pacific Ocean, except at the times, places and in the manners and for the species, quantities, sizes or sexes provided for in the regulations of the department of fisheries.

(2) It shall be unlawful for any person to have in possession or under control or custody any food fish or shellfish within the land or water boundaries of the state of Washington, except in those areas which are open to commercial fishing or wherein the possession, control or custody of salmon or other food fish or shellfish for commercial purposes is made lawful under a statute of the state of Washington or the rules and regulations of the director of fisheries, unless otherwise provided.

(3) It shall be lawful to fish for, possess, process and otherwise deal in food fish and fish offal or scrap for any purpose, provided; that it shall be unlawful to use any of the following listed species for purposes other than human consumption or fishing bait:


Pacific halibut(Hippoglossus stenolepis)

Pacific herring

(except as prescribed

in WAC 220-49-020)


(Clupea harengus pallasi)

Salmon
Chinook(Oncorhynchus tshawytscha)
Coho(Oncorhynchus kisutch)
Chum(Oncorhynchus keta)
Pink(Oncorhynchus gorbuscha)
Sockeye(Oncorhynchus nerka)
Masu(Oncorhynchus masu)

(4) It shall be unlawful for any person to fish for food fish or shellfish while in possession in the field of food fish or shellfish that are in violation of the harvest regulations for the area being fished.  This regulation does not apply to vessels in transit.

(5) It shall be unlawful for the owner or operator of any commercial food fish or shellfish gear to leave such gear unattended in waters of the state or offshore waters unless said gear is marked.

(a) Shellfish pot, bottom fish pot, set line and set net gear must be marked with a buoy to which shall be affixed in a visible and legible manner the department of fisheries approved and registered buoy brand issued to the license, provided that:

(((a))) (i) Buoys affixed to unattended gear must be visible on the surface of the water except during strong tidal flow or extreme weather conditions.

(((b))) (ii) When two or more shellfish pots are attached to a common ground line the number of pots so attached must be clearly labeled on the required buoy.

(b) It is unlawful to operate any gill net, attended or unattended, unless there is affixed, within five feet of each end of the net, a buoy, float, or some other form of marker, visible on the corkline of the net, on which shall be marked in a visible, legible and permanent manner the name and gill net license number of the fisher.

(c) It shall be unlawful at any time to leave a gill net unattended in the commercial salmon fishery.

(6) It shall be unlawful to place any commercial food fish or shellfish gear in any waters closed to commercial fishing, provided; that this provision shall not apply to reef nets or brush weirs or to gear being tested under supervision of the department of fisheries, provided further that it shall be 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 WAC.

(7) It shall be unlawful for the owner or operator of any fishing gear to refuse to submit such gear to inspection in any manner specified by authorized representatives of the department of fisheries.

(8) It shall be unlawful for any person taking or possessing food fish or shellfish taken from any of the waters or beaches of the Columbia River, the state of Washington or the Pacific Ocean for any purpose to fail to submit such food fish or shellfish for inspection by authorized representatives of the department of fisheries.

(9) It shall be unlawful for any person licensed under the fisheries code of Washington to fail to make or return any report required by the department of fisheries relative to the taking, selling, possessing, transporting, processing, freezing and storing of food fish or shellfish whether taken within the jurisdiction of the state of Washington or beyond or on Indian reservations or usual and accustomed Indian fishing grounds.

(10) It shall be unlawful to take, fish for or possess or to injure, kill or molest fish in any fishway, fish ladder, fish screen, holding pond, rearing pond, or other fish protective device, or to interfere in any manner with the proper operation of such fish protective devices.

(11) It shall be unlawful to club, gaff, shoot, snag, snare, dip net, harass, spear, stone or otherwise molest, injure, kill or destroy any food fish or shellfish or parts thereof, or for any person to attempt to commit such acts, or to have any fish, shellfish or parts thereof so taken in possession, except as provided for in this subsection:

(a) It shall be lawful to use a dip net or club in the landing of food fish taken by personal-use angling unless otherwise provided and it shall be lawful to use a gaff in the landing of tuna, halibut and dogfish in all catch record card areas.

(b) It shall be lawful to use a dip net, gaff, or club in the landing of food fish or shellfish taken for commercial purposes, except that it is unlawful to use a fish pew, pitchfork, or any other instrument that will penetrate the body of the food fish or shellfish while sorting commercial catches during the act of discarding those fish that are not going to be retained.

(c) It shall be lawful to use a spear in underwater spear fishing as provided for in WAC 220-56-160.

(d) It shall be lawful to use a spear to take carp as provided for in WAC 220-56-280.

(e) It shall be lawful to snag herring, smelt, anchovies, pilchard, sand lance, and squid when using forage fish jigger gear or squid jigs.

(f) It shall be lawful to shoot halibut when landing them with a dip net or gaff.

(12) It shall be unlawful to take or possess for any purpose any food fish or shellfish smaller than the lawful minimum size limits.  Any such fish either snagged, hooked, netted or gilled must be immediately returned to the water with the least possible injury to the fish or shellfish and it shall be unlawful to allow undersized salmon entangled in commercial nets to pass through a power block or onto a power reel or drum.

(13) It shall be unlawful to possess aboard any vessel engaged in commercial fishing or having commercially caught fish aboard, any food fish or shellfish in such condition that its species, length, weight or sex cannot be determined if a species, length, weight, or sex limit is prescribed for said species and it is unlawful to possess food fish or shellfish mutilated in any manner such that the natural length or weight cannot be determined if a length or weight limit is prescribed for said species.

(14) It shall be unlawful in any area to use, operate or carry aboard a commercial fishing vessel a licensed net or combination of such nets, whether fished singly or separately, in excess of the maximum lawful size or length prescribed for a single net in that area, except as otherwise provided for in the rules and regulations of the department of fisheries.

(15) It shall be unlawful for any permit holder to fail to comply with all provisions of any special permit or letter of approval issued to him under the authority of the director of fisheries, or to perform any act not specifically authorized in said document or in the regulations of the director of fisheries.

(16) It shall be unlawful to use, place or cause to be placed in the waters or on the beaches or tidelands of the state any substance or chemical used for control of predators or pests affecting food fish or shellfish or other aquatic marine organisms, without first having obtained a special permit to do so from the director of fisheries.

(17) It shall be unlawful to test commercial fishing gear except as follows:

(a) Bellingham Bay - inside and northerly of a line from Governor's Point to the south tip of Eliza Island to Point Frances in waters 10 fathoms and deeper.

(b) Boundary Bay - north of a line from Birch Point to Point Roberts and south of the international boundary in waters 10 fathoms and deeper during times not under IPSFC control.

(c) San Juan Channel - within a 1 mile radius of Point Caution during times not under IPSFC control.

(d) Port Angeles - inside and westerly of a line projected from the east tip of Ediz Hook through buoy C "1" to the mainland.

(e) Port Gardner - within a 2 mile radius of the entrance to Everett breakwater in waters 10 fathoms and deeper.

(f) Central Puget Sound - between lines from Meadow Point to Point Monroe and Skiff Point to West Point in waters 50 fathoms and deeper.

(g) East Pass - between lines from Point Robinson true east to the mainland and from Dash Point to Point Piner in waters 50 fathoms and deeper.

(h) Port Townsend - westerly of a line from the Coast Guard station in Port Townsend to Walan Point to Kala Point in waters 10 fathoms and deeper.

(i) All tows or sets are limited to 20 minutes exclusive of setting and retrieving time.

(j) All testing is to be accomplished between 8:00 a.m. and 4:00 p.m.

(k) Codends of trawl nets must be left open, all hooks of set line gear must be unbaited, and no lures or baited hooks shall be used with jig or troll gear.

(l) Any and all incidentally caught fish and shellfish must be returned to the waters immediately, and no fish or shellfish are to be retained aboard the vessel at any time during a gear test operation.

(m) It shall be unlawful for any person conducting such gear testing operations to fail to notify the fisheries patrol office in Olympia prior to testing.

(18) It is unlawful for any person or corporation either licensed by the department of fisheries or bringing food fish or shellfish into the state to fail to comply with the directions of authorized department personnel related to the collection of sampling data or material from food fish or shellfish.  It is also unlawful for any such person or corporation to fail to relinquish to the department, upon request, any part of a salmon or other food fish containing coded-wire tags, including but not limited to, the snouts of those salmon that are marked by having clipped adipose fins.

[Statutory Authority: RCW 77.12.040 and 75.08.080.  98-06-031, § 220-20-010, filed 2/26/98, effective 5/1/98.  Statutory Authority: RCW 75.08.080.  93-15-051, § 220-20-010, filed 7/14/93, effective 8/14/93; 91-08-054 (Order 91-13), § 220-20-010, filed 4/2/91, effective 5/3/91; 91-01-023, § 220-20-010, filed 12/10/90, effective 1/10/91; 89-02-022 (Order 88-186), § 220-20-010, filed 12/29/88; 88-10-013 (Order 88-15), § 220-20-010, filed 4/26/88; 85-09-017 (Order 85-20), § 220-20-010, filed 4/9/85; 85-08-023 (Order 85-24), § 220-20-010, filed 4/1/85; 84-08-014 (Order 84-24), § 220-20-010, filed 3/27/84; 82-15-040 (Order 82-83), § 220-20-010, filed 7/15/82; 82-07-047 (Order 82-19), § 220-20-010, filed 3/18/82; 81-02-053 (Order 81-3), § 220-20-010, filed 1/7/81; 80-10-058 (Order 80-83), § 220-20-010, filed 8/6/80; 80-07-017 (Order 80-45), § 220-20-010, filed 6/11/80; 79-10-013 (Order 79-75), § 220-20-010, filed 9/7/79; Order 77-14, § 220-20-010, filed 4/15/77; Order 76-148, § 220-20-010, filed 12/2/76; Order 1193, § 220-20-010, filed 3/4/75; Order 1179, § 220-20-010, filed 11/19/74; Order 1106, § 220-20-010, filed 1/10/74; Order 1057, § 220-20-010, filed 5/22/73; Order 945, § 220-20-010, filed 8/16/71; Order 920, § 220-20-010, filed 5/13/71; Order 817, § 220-20-010, filed 5/29/69; Order 810, § 220-20-010, filed 4/17/69; Order 771-A, § 220-20-010, filed 3/29/68; Order 767, § 1, filed 12/22/67; Order 758, § 3, filed 10/16/67; Order 726, §§ 2, 3, filed 4/24/67; Order 721, § 1, filed 3/9/67; Subsections 1, 2 from Orders 405 and 256, filed 3/1/60; Subsection 3 from Order 677, filed 3/31/66; Subsection 16 from Order 525, filed 5/3/61; Orders 355 and 256, filed 3/1/60; Subsection 4 from Order 591, filed 10/28/63; Orders 479 and 256, filed 3/1/60; Subsection 5 from Orders 383 and 256, filed 3/1/60; Subsections 6, 26, 35 from Order 568, filed 3/26/63; Order 543, filed 3/20/62; Order 507, filed 4/13/60; Order 256, filed 3/1/60; Subsections 7-11, 13-15, 17, 18, 22 from Orders 355 and 256, filed 3/1/60; Subsection 12 from Orders 407 and 256, filed 3/1/60; Subsections 19, 27 from Orders 480 and 256, filed 3/1/60; Subsection 20 from Order 677, filed 3/31/66; Orders 483 and 256, filed 3/1/60; Subsection 23 from Order 677, filed 3/31/66; Order 605, filed 4/21/64; Order 568, filed 3/26/63; Order 543, filed 3/20/62; Order 507, filed 4/13/60; Order 256, filed 3/1/60; Subsection 24 from Order 605, filed 4/21/64; Orders 407 and 256, filed 3/1/60; Subsection 25 from Orders 449 and 256, filed 3/1/60; Subsections 28-33 from Orders 456 and 256, filed 3/1/60; Subsection 34 from Orders 486 and 256, filed 3/1/60; Subsection 36 from Order 591, filed 10/28/63; Subsections 37 and 38 from Order 677, filed 3/31/66; Subsection 39 from Order 672, filed 12/28/65.]

OTS-2229.2


AMENDATORY SECTION(Amending Order 97-123, filed 7/23/97, effective 8/23/97)

WAC 220-36-021
Salmon--Grays Harbor--Summer fishery.

((From)) July 5 through August 15 of ((1997)) 1998, it is unlawful to fish for salmon in Grays Harbor for commercial purposes or to possess salmon taken from those waters for commercial purposes.

[Statutory Authority: RCW 75.08.080.  97-15-148 (Order 97-123), § 220-36-021, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), § 220-36-021, filed 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), § 220-36-021, filed 6/19/95, effective 7/20/95; 94-13-014 (Order 94-46), § 220-36-021, filed 6/3/94, effective 7/4/94; 90-18-023 (Order 90-77), § 220-36-021, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), § 220-36-021, filed 7/28/89, effective 8/28/89; 88-19-098 (Order 88-116), § 220-36-021, filed 9/20/88; 87-21-041 (Order 87-161), § 220-36-021, filed 10/14/87; 86-15-016 (Order 86-55), § 220-36-021, filed 7/10/86; 85-13-073 (Order 85-64), § 220-36-021, filed 6/19/85; 84-15-008 (Order 84-66), § 220-36-021, filed 7/6/84; 83-13-054 (Order 83-53), § 220-36-021, filed 6/15/83; 82-13-048 (Order 82-63), § 220-36-021, filed 6/11/82; 81-13-005 (Order 81-37), § 220-36-021, filed 6/8/81; 80-09-072 (Order 80-69), § 220-36-021, filed 7/18/80; Order 77-71, § 220-36-021, filed 8/18/77; Order 77-44, § 220-36-021, filed 6/3/77; Order 76-73, § 220-36-021, filed 8/16/76; Order 1221, § 220-36-021, filed 7/1/75; Order 1133, § 220-36-021, filed 7/19/74.]


AMENDATORY SECTION(Amending Order 97-123, filed 7/23/97, effective 8/23/97)

WAC 220-36-023
Grays Harbor salmon--Fall fishery.

((From)) August 16 through December 31 of each year, it is unlawful to fish for salmon in Grays Harbor for commercial purposes, except that:


Fishing period


(((1))) Gill net gear may be used to fish for salmon from 6:00 p.m. September ((2)) 27 to 6:00 p.m. ((September 4, and 6:00 p.m. September 9 to 6:00 p.m. September 11, 1997)) October 2, 1998, in SMCRA 2C.

(((2) Gill net gear may be used to fish for salmon from 6:00 p.m. September 2 to 6:00 p.m. September 4, and 6:00 p.m. September 9 to 6:00 p.m. September 11, 1997, in SMCRA 2D.

(3) Gill net gear shall be used as provided for in WAC 220-36-015, except that it shall not contain mesh smaller than 8 inches.))

[Statutory Authority: RCW 75.08.080.  97-15-148 (Order 97-123), § 220-36-023, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), § 220-36-023, filed 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), § 220-36-023, filed 6/19/95, effective 7/20/95; 94-13-014 (Order 94-46), § 220-36-023, filed 6/3/94, effective 7/4/94; 93-14-042 (Order 93-54), § 220-36-023, filed 6/29/93, effective 7/30/93; 90-18-023 (Order 90-77), § 220-36-023, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), § 220-36-023, filed 7/28/89, effective 8/28/89.]

OTS-2230.4


AMENDATORY SECTION(Amending Order 97-123, filed 7/23/97, effective 8/23/97)

WAC 220-40-021
Willapa Bay salmon--Summer fishery.

((From)) July 5 through August 15 of ((1997)) 1998, it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes.

[Statutory Authority: RCW 75.08.080.  97-15-148 (Order 97-123), § 220-40-021, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), § 220-40-021, filed 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), § 220-40-021, filed 6/19/95, effective 7/20/95; 94-13-014 (Order 94-46), § 220-40-021, filed 6/3/94, effective 7/4/94; 90-18-023 (Order 90-77), § 220-40-021, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), § 220-40-021, filed 7/28/89, effective 8/28/89; 88-19-098 (Order 88-116), § 220-40-021, filed 9/20/88; 87-21-041 (Order 87-161), § 220-40-021, filed 10/14/87; 86-15-016 (Order 86-55), § 220-40-021, filed 7/10/86; 85-13-073 (Order 85-64), § 220-40-021, filed 6/19/85; 84-15-008 (Order 84-66), § 220-40-021, filed 7/6/84; 83-13-054 (Order 83-53), § 220-40-021, filed 6/15/83; 82-13-048 (Order 82-63), § 220-40-021, filed 6/11/82; 81-13-005 (Order 81-37), § 220-40-021, filed 6/8/81; 80-09-072 (Order 80-69), § 220-40-021, filed 7/18/80; 79-07-046 (Order 79-43), § 220-40-021, filed 6/22/79; 78-09-041 (Order 78-61), § 220-40-021, filed 8/18/78; Order 77-71, § 220-40-021, filed 8/18/77; Order 77-44, § 220-40-021, filed 6/3/77; Order 76-73, § 220-40-021, filed 8/16/76; Order 1221, § 220-40-021, filed 7/1/75; Order 1133, § 220-40-021, filed 7/19/74.]


AMENDATORY SECTION(Amending Order 97-123, filed 7/23/97, effective 8/23/97)

WAC 220-40-027
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 period


(1) Gill net gear may be used to fish for salmon from:

(a) 6:00 ((p.m. August 18)) a.m. to 6:00 p.m. August 19((, 6:00 p.m. August 21 to 6:00 p.m. August 22,)) and 6:00 p.m. August ((27)) 26 to 6:00 p.m. August ((28)) 27, ((6:00 p.m. September 2 to 6:00 p.m. September 4 and 6:00 p.m. September 8 to 6:00 p.m. September 10, 1997)) 1998, in SMCRA 2M, that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12, that portion of SMCRA 2H west of Willapa Channel Marker 35 and that portion of SMCRA 2J north of an east-west line through the north entrance marker to the Nahcotta boat basin (red flasher no. 2);

(b) 6:00 p.m. September ((16)) 21 to 6:00 p.m. September 25, 6:00 p.m. September 27 to 6:00 p.m. October 1 and 6:00 p.m. October 4 to 6:00 p.m. October 8, ((1997)) 1998, in SMCRA 2H((, 2M and that portion of SMCRA 2G east of a line drawn true north-south through Willapa Channel Entrance Buoy 12));

(c) 6:00 p.m. September ((18)) 21 to ((6:00 p.m. September 19,)) 6:00 p.m. September 22 ((to)) 6:00 p.m. September ((23,)) 24 to 6:00 p.m. September 25 ((to)) 6:00 p.m. September ((26,)) 28 to 6:00 p.m. September 29 ((to 6:00 p.m. September 30)), and 6:00 p.m. October ((2)) 5 to 6:00 p.m. October ((3)) 6, ((1997)) 1998, in that part of SMCRA 2J north of an east-west line through the north entrance marker to the Nahcotta basin (red flasher no. 2).

(d) 6:00 p.m. ((October 4)) September 21 to 6:00 p.m. October ((9, 1997, in SMCRA 2H)) 1, and 6:00 p.m. October 4 to 6:00 p.m. October 8, 1998, in SMCRA 2M and SMCRA 2G east of a line drawn true north-south through Willapa Channel entrance buoy 12.

(2) The Tokeland Boat basin is closed to commercial fishing during the openings in SMCRA 2G described in this section.  The Tokeland Boat basin means that portion of SMCRA 2G bounded on the south by the shoreline of the boat basin, on the west by the seawall and on the north and east by a line from the Tokeland Channel Marker "3" (flashing green, 4-second) to Tokeland Channel Marker "4" to the tip of the seawall.


Gear


(3) Gill net gear shall be used as provided in WAC 220-40-015 except that before 6:00 p.m. September ((17)) 22, there is no maximum mesh size limit, and ((after 6:00 p.m. October 4 the minimum)) the maximum mesh size is ((8)) 6 1/2 inches September 22 through October 8, 1998.

[Statutory Authority: RCW 75.08.080.  97-15-148 (Order 97-123), § 220-40-027, filed 7/23/97, effective 8/23/97; 96-13-035 (Order 96-77), § 220-40-027, 6/11/96, effective 7/12/96; 95-13-065 (Order 95-76), § 220-40-027, filed 6/19/95, effective 7/20/95; 94-16-017 (Order 94-61), § 220-40-027, filed 7/21/94, effective 8/21/94; 93-14-042 (Order 93-54), § 220-40-027, filed 6/29/93, effective 7/30/93; 90-18-023 (Order 90-77), § 220-40-027, filed 8/24/90, effective 9/24/90; 89-16-056 (Order 89-71), § 220-40-027, filed 7/28/89, effective 8/28/89.]

OTS-2216.2


AMENDATORY SECTION(Amending Order 97-124, filed 7/29/97, effective 8/29/97)

WAC 220-47-307
Closed areas--Puget Sound salmon.

It is unlawful at any time, unless otherwise provided, to take, fish for, or possess salmon taken for commercial purposes with any type of gear from the following portions of Puget Sound Salmon Management and Catch Reporting Areas, except that closures listed in this section shall not apply to reef net fishing areas listed in RCW 75.12.140:

Areas 4B, 5, 6, 6B, and 6C - The Strait of Juan de Fuca Preserve as defined in WAC 220-47-266.

Area 6D - That portion within 1,000 feet of each mouth of the Dungeness River.  ((Through October 4, 1997, closed in those waters within 1,000 feet of shore between the Dungeness Oyster House and a fish and wildlife boundary marker 1,000 feet east of the easternmost mouth of the Dungeness River.))

Area 7 - (1) The San Juan Island Preserve as defined in WAC 220-47-262.

(2) Those waters within 1,500 feet of shore on Orcas Island from Deer Point northeasterly to Lawrence Point thence west to a point intercepting a line projected from the northernmost point of Jones Island thence 90° true to Orcas Island.

(3) Those waters within 1,500 feet of the shore of Cypress Island from Cypress Head to the northernmost point of Cypress Island.

(4) Those waters easterly of a line projected from Iceberg Point to Iceberg Island, to the easternmost point of Charles Island, then true north from the northernmost point of Charles Island to the shore of Lopez Island.

(5) Those waters northerly of a line projected from the southernmost point of land at Aleck Bay to the westernmost point of Colville Island, thence from the easternmost point of Colville Island to Point Colville.

(6) Those waters within 1,500 feet of the shore of Fidalgo Island from the Initiative 77 marker northerly to Biz Point, those waters easterly of a line projected from ((Edith)) Biz Point on Fidalgo Island to the Williamson Rocks light, thence to the Dennis Shoal Light, thence to the light on the westernmost point of Burrows Island, thence to the southwesternmost point of Fidalgo ((Head)) Island, those waters within 1,500 feet of the western shore of Allan Island, those waters within 1,500 feet of the western shore of Burrows Island, and those waters within 1,500 feet of the shore of Fidalgo Island from Fidalgo Head northerly to Shannon Point.

(7) Those waters within 1,500 feet of Lopez Island from Point Colville northerly to Lopez Pass and those waters within 1,500 feet of the eastern shore of Decatur Island from the southernmost point of land northerly to Fauntleroy Point.

(8) Those waters within 1,500 feet of the shore of James Island.

Area 7A - The Drayton Harbor Preserve as defined in WAC 220-47-252.

Area 7B - That portion south and east of a line from William Point on Samish Island to Saddlebag Island to the southeastern tip of Guemes Island, and that portion northerly of the railroad trestle in Chuckanut Bay.

Area 7C - That portion southeasterly of a line projected from the mouth of Oyster Creek 237° true to a fishing boundary marker on Samish Island.

Area 8 - (1) That portion of Skagit Bay easterly of a line projected from Brown Point on Camano Island to a white monument on the easterly point of Ika Island, thence across the Skagit River to the terminus of the jetty with McGlinn Island.

(2) Those waters within 1,500 feet of the western shore of Camano Island south of a line projected true west from Rocky Point.

Area 8A - Those waters easterly of a line projected from Mission Point to Buoy C1, excluding the waters of Area 8D, thence through the green light at the entrance jetty of the Snohomish River and across the mouth of the Snohomish River to landfall on the eastern shore, and those waters northerly of a line from Camano Head to the northern boundary of Area 8D.

Area 9 - Those waters lying inside and westerly of a line projected from the Point No Point light to Sierra Echo buoy thence to Forbes Landing wharf, east of Hansville.

Area 10 - (1) Those waters easterly of a line projected from Meadow Point to West Point.

(2) Those waters of Port Madison northwest of a line from the Agate Pass entrance light to the light on the end of the Indianola dock.

(3) Additional coho seasonal closure: Those waters of Elliott Bay east of a line from Alki Point to the light at Fourmile Rock and those waters northerly of a line projected from Point Wells to "SF" Buoy then west to President's Point.

Area 10E - Those waters of Liberty Bay north of a line projected due east from the southernmost Keyport dock, those waters of Dyes Inlet north of the Manette Bridge, and those waters of Sinclair Inlet southwest of a line projected true east from the Bremerton ferry terminal.

Area 11 - (1) Those waters northerly of a line projected true west from the light at the mouth of Gig Harbor and those waters south of a line from Browns Point to the northernmost point of land on Point Defiance.

(2) Additional coho seasonal closure: Those waters south of a line projected from the light at the mouth of Gig Harbor to the Tahlequah ferry dock then south to the Point Defiance ferry dock, and those waters south of a line projected from the Point Defiance ferry dock to Dash Point.

Area 12 - Those waters inside and easterly of a line projected from Lone Rock to the navigation light off Big Beef Creek, thence southerly to the tip of the outermost northern headland of Little Beef Creek.

Area 12A - Those waters north of a line projected due east from Broad Spit.

Area 12B - Those waters within 1/4 mile of the mouths of the Dosewallips, Duckabush, and Hamma Hamma rivers and Anderson Creek.

Areas 12, 12A, and 12B - Additional chinook seasonal closure: Those waters north and east of a line projected from Tekiu Point to Triton Head.

Areas 12, 12B and 12C - Those waters within 1,000 feet of the eastern shore.

Area 12C - (1) Those waters within 2,000 feet of the western shore between the dock at Glen Ayr R.V. Park and the Hoodsport marina dock.

(2) Those waters south of a line projected from the Cushman Powerhouse to the public boat ramp at Union.

(3) Those waters within 1/4 mile of the mouth of the Dewatto River.

Areas 12 and 12D - Additional coho and chum seasonal closure: Those waters of Area 12 south and west of a line projected 94 degrees true from Hazel Point to the light on the opposite shore, bounded on the west by the Area 12/12B boundary line, and those waters of Area 12D.

Area 13A - Those waters of Burley Lagoon north of State Route 302, those waters within 1,000 feet of the outer oyster stakes off Minter Creek Bay including all waters of Minter Creek Bay, those waters westerly of a line drawn due north from Thompson Spit at the mouth of Glen Cove, and those waters within 1/4 mile of Green Point.

[Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), § 220-47-307, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), § 220-47-307, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), § 220-47-307, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), § 220-47-307, filed 7/6/94, effective 8/6/94; 92-15-105 (Order 92-47), § 220-47-307, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), § 220-47-307, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), § 220-47-307, filed 6/11/90, effective 7/12/90; 88-14-133 (Order 88-48), § 220-47-307, filed 7/6/88; 85-13-032 (Order 85-60), § 220-47-307, filed 6/12/85; 84-13-078 (Order 84-53), § 220-47-307, filed 6/21/84; 83-14-020 (Order 83-57), § 220-47-307, filed 6/28/83; 82-15-040 (Order 82-83), § 220-47-307, filed 7/15/82; 81-18-017 (Order 81-101), § 220-47-307, filed 8/25/81; 80-10-058 (Order 80-83), § 220-47-307, filed 8/6/80.]

OTS-2161.4


AMENDATORY SECTION(Amending Order 97-124, filed 7/29/97, effective 8/29/97)

WAC 220-47-304
Puget Sound--All citizen salmon species seasons.

The following are Puget Sound all citizens salmon species seasons listed by area and species:


AREASPECIESDATE-RANGE

6D:COHO((9/21

9/20

-

-

10/25))

10/24

7,7A:FRASER SOCKEYE

((AND PINK

CHUM

6/22

6/21

((9/28

9/27

-

-

-

-

9/27))

9/26

11/15))

11/14

7B:

CHINOOK

COHO

CHUM

((8/10

8/9

((9/7

9/6

((10/26

10/25

-

-

-

-

-

-

9/6))

9/5

10/25))

10/24

12/13))

12/12

7C:CHINOOK((8/10

8/9

-

-

10/11))

10/10

8:((PINK

CHUM

8/24

((10/26

10/25

-

-

-

9/13))

11/29))

11/28

8A:((PINK

CHUM

8/3

((10/19

10/18

-

-

-

9/6))

11/29))

11/28

8D:COHO

CHUM

((9/21

9/20

((11/9

11/8

-

-

-

-

11/8))

11/7

12/20))

12/19

9A:COHO((9/14

9/13

-

-

11/1))

10/31

10, 11:COHO

CHUM

((9/7

9/6

((10/12

10/11

-

-

-

-

10/11))

10/10

11/29))

11/28

12:CHUM((10/19)) 10/18-11/20

12A:COHO ((8/31

8/30

-

-

10/11))

10/10

12B:CHUM((10/19)) 10/18-11/20

12C:CHUM((10/26)) 10/25-11/27

[Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), § 220-47-304, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), § 220-47-304, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), § 220-47-304, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), § 220-47-304, filed 7/6/94, effective 8/6/94; 93-14-041 (Order 93-55), § 220-47-304, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), § 220-47-304, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), § 220-47-304, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), § 220-47-304, filed 6/11/90, effective 7/12/90; Order 988, § 220-47-304, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 97-124, filed 7/29/97, effective 8/29/97)

WAC 220-47-311
Purse seine--Open periods.

During 1997, it is unlawful to take, fish for or possess salmon taken with purse seine gear for commercial purposes from Puget Sound except in the following designated Puget Sound Salmon Management and Catch Reporting Areas during the periods provided for hereinafter in each respective Management and Catch Reporting Area:


AREATIME DATETIMEDATE

7, 7A:7AM-6PM10/20, ((10/21,

10/29, 10/30,))

10/26

((6AM))

7AM

-5PM((11/03)) 11/04, 11/05, 11/09,

11/10, 11/11, 11/12((, 11/13))

7B:6AM9/08-4PM((9/12)) 9/11
6AM((9/15)) 9/14-4PM((9/19)) 9/18
6AM((9/21)) 9/20-4PM((11/01)) 10/31
6AM((11/03)) 11/02-4PM((11/07)) 11/06
6AM((11/10)) 11/09-4PM((11/14)) 11/13
6AM((11/17)) 11/16-4PM((11/21)) 11/20
6AM((11/24)) 11/23-4PM((11/28)) 11/27
6AM((12/01)) 11/30-4PM((12/05)) 12/04
6AM((12/08)) 12/07-4PM((12/12)) 12/11
8:((5AM-9PM8/25, 8/26
6AM-8PM9/04, 9/05,

9/08, 9/09))

7AM-6PM((10/28)) 10/26
7AM5PM11/03, ((11/04,

11/12)) 11/09,

11/17, 11/23

8A:7AM-6PM10/21, 10/22,

10/26, 10/27

((10/29, 10/30))

7AM-5PM((11/03,)) 11/04,

((11/12, 11/13, 11/17, 11/18,)) 11/05, 11/09,

11/10, 11/18, 11/19,11/23,

11/24, 11/25,

((11/26)) 11/30, 12/01

8D:7AM-7PM9/21, 9/22,

9/23, 9/24,

((9/25,)) 9/29,

9/30, 10/01,

10/02, ((10/03,)) 10/05, 10/06,

10/07, 10/08, ((10/09,)) 10/13,

10/14, 10/15,

10/16, ((10/17,

10/20, 10/21,

10/22, 10/23))

7AM-6PM((10/29, 10/30)) 10/21, 10/22,

10/26, 10/27

7AM-5PM((11/03,)) 11/04,

((11/12, 11/13, 11/17,)) 11/05, 11/09, 11/10,

11/18, 11/19,

11/23, 11/24,

11/25, ((11/26)) 11/30, 12/01

10, 11:7AM-6PM((10/20, 10/28)) 10/26
7AM-5PM11/03, 11/04,

11/09, ((11/12,)) 11/17, 11/23

12, 12B:7AM-6PM10/20, ((10/21, 10/28, 10/29))

10/26

7AM-5PM((11/03,)) 11/04,

((11/12,)) 11/05, 11/09, 11/10,

11/17

12C:7AM-5PM11/17, 11/23

It is unlawful to retain chinook salmon taken with purse seine gear ((in Areas 7, 7B, 8, 8A, 12, 12B and 12C.  It is unlawful to retain chinook salmon taken with purse seine gear in Area 7A from October 1 to November 30, 1997.  It is unlawful to retain coho salmon taken with purse seine gear in Area 8A)).  All other saltwater and freshwater areas - closed.

[Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), § 220-47-311, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), § 220-47-311, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), § 220-47-311, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), § 220-47-311, filed 7/6/94, effective 8/6/94; 93-14-041 (Order 93-55), § 220-47-311, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), § 220-47-311, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), § 220-47-311, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), § 220-47-311, filed 6/11/90, effective 7/12/90; 89-13-004 (Order 89-44), § 220-47-311, filed 6/8/89; 88-14-133 (Order 88-48), § 220-47-311, filed 7/6/88; 87-15-059 (Order 87-72), § 220-47-311, filed 7/14/87; 86-13-038 (Order 86-46), § 220-47-311, filed 6/12/86; 85-13-032 (Order 85-60), § 220-47-311, filed 6/12/85; 84-13-078 (Order 84-53), § 220-47-311, filed 6/21/84; 83-14-020 (Order 83-57), § 220-47-311, filed 6/28/83; 82-15-040 (Order 82-83), § 220-47-311, filed 7/15/82; 81-18-017 (Order 81-101), § 220-47-311, filed 8/25/81; 80-10-058 (Order 80-83), § 220-47-311, filed 8/6/80; 78-05-018 (Order 78-16), § 220-47-311, filed 4/13/78; Order 77-66, § 220-47-311, filed 8/5/77; Order 77-14, § 220-47-311, filed 4/15/77; Order 76-41, § 220-47-311, filed 6/4/76; Order 1251, § 220-47-311, filed 8/18/75; Order 1210, § 220-47-311, filed 5/26/75; Order 1143, § 220-47-311, filed 8/8/74; Order 1125, § 220-47-311, filed 6/6/74; Order 1066, § 220-47-311, filed 7/19/73; Order 1057, § 220-47-311, filed 5/22/73; Order 988, § 220-47-311, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 97-124, filed 7/29/97, effective 8/29/97)

WAC 220-47-401
Reef net open periods.

During 1997, it is unlawful to take, fish for or possess salmon taken with reef net gear for commercial purposes in Puget Sound except in the following designated Puget Sound Salmon Management and Catch Reporting Areas, during the periods provided for hereinafter in each respective area:


AREATIME-DATE(S)
7,7A7AM - 7PMDAILY((9/15 - 9/19
9/22 - 9/26
9/29 - 10/3
10/6 - 10/10
10/13- 10/17
10/20 - 10/24
10/27 - 10/31
11/3 - 11/7))
9/7 - 9/11
9/14 - 9/18
9/21 - 9/25
9/28 - 10/2
10/5 - 10/9
10/12 - 10/16
10/19 - 10/23
10/26 - 10/30
11/2 - 11/6
11/9 - 11/13

It is unlawful to retain chinook salmon taken with reef net gear. All other saltwater and freshwater areas - closed.

[Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), § 220-47-401, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), § 220-47-401, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), § 220-47-401, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), § 220-47-401, filed 7/6/94, effective 8/6/94; 93-14-041 (Order 93-55), § 220-47-401, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), § 220-47-401, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), § 220-47-401, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), § 220-47-401, filed 6/11/90, effective 7/12/90; 89-13-004 (Order 89-44), § 220-47-401, filed 6/8/89; 88-14-133 (Order 88-48), § 220-47-401, filed 7/6/88; 87-15-059 (Order 87-72), § 220-47-401, filed 7/14/87; 86-13-038 (Order 86-46), § 220-47-401, filed 6/12/86; 81-18-017 (Order 81-101), § 220-47-401, filed 8/25/81; 80-10-058 (Order 80-83), § 220-47-401, filed 8/6/80; 78-05-018 (Order 78-16), § 220-47-401, filed 4/13/78; Order 77-66, § 220-47-401, filed 8/5/77; Order 77-14, § 220-47-401, filed 4/15/77; Order 76-41, § 220-47-401, filed 6/4/76; Order 1210, § 220-47-401, filed 5/26/75; Order 1143, § 220-47-401, filed 8/8/74; Order 1125, § 220-47-401, filed 6/6/74; Order 1066, § 220-47-401, filed 7/19/73; Order 1057, § 220-47-401, filed 5/22/73; Order 988, § 220-47-401, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 97-124, filed 7/29/97, effective 8/29/97)

WAC 220-47-410
Gill net--Daily hours.

It shall be unlawful to take or fish for sockeye or pink salmon in Areas 7 or 7A with gill net gear from 12:00 midnight to 1.5 hours after sunrise.  ((In 1997, it shall be unlawful to take or fish for sockeye or pink salmon in areas 7 or 7A with gill net gear except within the following daily hours:

WeekOpen at or

after . . .

Close at or before . . .

6/29/97 - 7/ 5/97

6:45 am

12:00 midnight, at which time all gear must be out of the water and stowed aboard.))
7/ 6/97 - 7/12/976:50 am
7/13/97 - 7/19/976:55 am
7/20/97 - 7/26/977:05 am
7/27/97 - 8/ 2/977:10 am
8/ 3/97 - 8/ 9/977:20 am
8/10/97 - 8/16/977:30 am
8/17/97 - 8/23/977:40 am
8/24/97 - 8/30/977:50 am

[Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), § 220-47-410, filed 7/29/97, effective 8/29/97.]


AMENDATORY SECTION(Amending Order 97-124, filed 7/29/97, effective 8/29/97)

WAC 220-47-411
Gill net--Open periods.

During 1997, it is unlawful to take, fish for or possess salmon taken with gill net gear for commercial purposes from Puget Sound except in the following designated Puget Sound Salmon Management and Catch Reporting Areas during the seasons provided for hereinafter in each respective fishing area:


AREA
TIME
-
DATE(S)
6D:((7AM - 8PM9/29, 9/30, 10/1, 10/2, 10/3, 10/6, 10/7, 10/8, 10/9, 10/10))
7AM - 7PM Daily((10/13, 10/14, 10/15, 10/16, 10/17, 10/20, 10/21, 10/22, 10/23, 10/24))

9/21 - 9/25

9/28 - 10/2

10/5 - 10/9

10/12 - 10/16

10/19 - 10/23


Note:Area 6D skiff gill net only. It is unlawful to retain chinook ((or)), pink, or chum salmon in Area 6D.
7,7A:7AM - 7PM((10/23, 10/29)) 10/19
7AM - 6PM10/27, ((10/28, 11/4,)) 11/2, 11/3, 11/9, 11/10, 11/11, 11/12
7B:7PM - 9AMNIGHTLY ((8/18, 8/25, 8/26, 9/2)) 8/17, 8/24, 8/31
6AM 9/8-4PM ((9/12)) 9/11
6AM((9/15)) 9/14-4PM((9/19)) 9/18
6AM((9/21)) 9/20-4PM((11/1)) 10/31
6AM((11/3)) 11/2-4PM((11/7)) 11/6
6AM((11/10)) 11/9-4PM((11/14)) 11/13
6AM((11/17)) 11/16-4PM((11/21)) 11/20
6AM((11/24)) 11/23-4PM((11/28)) 11/27
6AM((12/1)) 11/30-4PM((12/5)) 12/4
6AM
((12/8)) 12/7
-4PM
((12/12)) 12/11
7C:7PM - 9AMNIGHTLY ((8/18, 8/25, 8/26, 9/2)) 8/17, 8/24, 8/31
8:6AM - 9PM8/27, 8/28, 9/2, 9/3, 9/10, 9/11
7AM - 6PM10/27, ((11/5, 11/6,)) 11/2, 11/10, ((11/18)) 11/16
7AM - 5PM11/24
8A:7AM - ((6PM))

7PM

((10/27, 10/28, 11/5, 11/6, 11/10, 11/11, 11/19, 11/20)) 10/19, 10/20
7AM - 6PM10/28, 10/29, 11/2, 11/3, 11/11, 11/12, 11/16, 11/17
7AM - 5PM
((11/22,)) 11/23, 11/24, 11/25, 12/2, 12/3
8D:6PM - 8AMNIGHTLY ((9/22, 9/23, 9/24, 9/25, 9/29, 9/30, 10/1, 10/2, 10/6, 10/7, 10/8, 10/9, 10/13, 10/14, 10/15, 10/16, 10/20, 10/21, 10/22, 10/23)) 9/21 -9/24

9/28 -10/1

10/5 - 10/8

10/12 -10/15

7AM - 7PM10/19, 10/20
7AM - 6PM((10/27,)) 10/28, ((11/5, 11/6, 11/10,)) 10/29, 11/2, 11/3, 11/11, ((11/19, 11/20)) 11/12, 11/16, 11/17
7AM - 5PM
((11/22,)) 11/23, 11/24, 11/25, 12/2, 12/3
9A:
6AM
((9/14))

9/13 through

4PM
((11/1)) 10/31
10,11:5PM ((- 8AMNIGHTLY 10/20, 10/27)) 10/26 -8AM 10/27
4PM - 8AM
NIGHTLY 11/2, 11/3, ((11/10, 11/17)) 11/9, 11/16, 11/23
12, 12B:((5PM - 8AMNIGHTLY 10/20, 10/21, 10/27, 10/28
4PM - 8AM
NIGHTLY 11/3, 11/4, 11/10, 11/17))
7AM - 7PM10/19
7AM - 6PM10/27, 11/2, 11/3, 11/11, 11/12, 11/16
12C:7AM - 6PM11/16
7AM - 5PM11/24
All other saltwater and freshwater areas - closed.
Nightly openings refer to the start date.

[Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), § 220-47-411, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), § 220-47-411, filed 7/22/96, effective 8/22/96; 95-13-056 (Order 95-75), § 220-47-411, filed 6/16/95, effective 7/17/95; 94-15-001 (Order 94-62), § 220-47-411, filed 7/6/94, effective 8/6/94; 93-14-041 (Order 93-55), § 220-47-411, filed 6/29/93, effective 7/30/93; 92-15-105 (Order 92-47), § 220-47-411, filed 7/20/92, effective 8/20/92; 91-18-024 (Order 91-72), § 220-47-411, filed 8/27/91, effective 9/27/91; 90-13-025 (Order 90-49), § 220-47-411, filed 6/11/90, effective 7/12/90; 89-13-004 (Order 89-44), § 220-47-411, filed 6/8/89; 88-14-133 (Order 88-48), § 220-47-411, filed 7/6/88; 87-15-059 (Order 87-72), § 220-47-411, filed 7/14/87; 86-13-038 (Order 86-46), § 220-47-411, filed 6/12/86; 85-13-032 (Order 85-60), § 220-47-411, filed 6/12/85; 84-13-078 (Order 84-53), § 220-47-411, filed 6/21/84; 83-14-020 (Order 83-57), § 220-47-411, filed 6/28/83; 82-15-040 (Order 82-83), § 220-47-411, filed 7/15/82; 81-18-017 (Order 81-101), § 220-47-411, filed 8/25/81; 80-10-058 (Order 80-83), § 220-47-411, filed 8/6/80; 78-05-018 (Order 78-16), § 220-47-411, filed 4/13/78; Order 77-66, § 220-47-411, filed 8/5/77; Order 77-14, § 220-47-411, filed 4/15/77; Order 76-41, § 220-47-411, filed 6/4/76; Order 1251, § 220-47-411, filed 8/18/75; Order 1210, § 220-47-411, filed 5/26/75; Order 1143, § 220-47-411, filed 8/8/74; Order 1125, § 220-47-411, filed 6/6/74; Order 1066, § 220-47-411, filed 7/19/73; Order 1057, § 220-47-411, filed 5/22/73; Order 988, § 220-47-411, filed 4/28/72.]


AMENDATORY SECTION(Amending Order 97-124, filed 7/29/97, effective 8/29/97)

WAC 220-47-427
Puget Sound--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 five Quilcene Bay salmon beach seine experimental fishery permits (Quilcene permits).

(3) The following is the selection process the department will use to offer a Quilcene permit.

(a) Persons who held a Quilcene Bay salmon beach seine experimental fishery permit in ((1996)) 1997 will be eligible for a permit in ((1997)) 1998.

(b) The department established a pool of applicants by drawing on September 9, 1996.  The pool established by this drawing will be maintained to replace any permit(s) which may be voided.

(4) Permit holders are required to participate in the Quilcene Bay salmon beach seine experimental fishery.

(a) For purposes of this section, "participation" means the holder of the Quilcene permit being aboard the designated vessel in the open fishery area four days each week during the open fishing period, except that during the Fraser sockeye and pink salmon species season in Areas 7 and 7A "participation" means the holder of the Quilcene permit being aboard the designated vessel in the open fishery area two days each week during the open fishing period.

(b) If the Quilcene permit holder fails to participate, the Quilcene permit issued to that fisher will be void and a new Quilcene permit will be ((reissued)) issued through a random drawing from the applicant pool established in 1996.

(c) The department may require proof of participation by registering with state, federal or tribal officials each day the Quilcene permit holder participates.

(d) Persons who participate, but violate conditions of a Quilcene permit, will have the permit voided and a new Quilcene permit will be reissued through a random drawing from the pool of the voided permit holder.  Chum salmon may not be retained by a Quilcene permit holder.  Chum salmon must be released alive, or, at the direction of federal or state officials, submitted for broodstock purposes.

(5) Any person who fails to purchase the license, fails to participate, or violates the conditions of a Quilcene permit will have his or her name permanently withdrawn from the pools.

(6) 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 600 feet in length or 100 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.

[Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), § 220-47-427, filed 7/29/97, effective 8/29/97; 96-19-049 (Order 96-152), § 220-47-427, filed 9/12/96, effective 10/13/96.]


AMENDATORY SECTION(Amending Order 97-124, filed 7/29/97, effective 8/29/97)

WAC 220-47-428
Beach seine--Open periods.

During 1997, it is unlawful to take, fish for, or possess salmon taken with beach seine gear for commercial purposes from Puget Sound except in the following designated Puget Sound Salmon Management and Catch Reporting Areas during the periods provided hereinafter in each respective Management and Catch Reporting Area:


AREA
TIME
DATE(S)
12A:7AM - 7PM Daily((9/2, 9/3, 9/4, 9/5, 9/8, 9/9, 9/10, 9/11, 9/12, 9/15, 9/16, 9/17, 9/18, 9/19, 9/22, 9/23, 9/24, 9/25, 9/26, 9/29, 9/30, 10/1, 10/2, 10/3, 10/6, 10/7, 10/8, 10/9, 10/10, 10/13, 10/14, 10/15, 10/16, 10/17)) 8/31 - 9/4

9/7 - 9/11

9/14 - 9/18

9/21 - 9/25

9/28 - 10/2

10/5 - 10/9

[Statutory Authority: RCW 75.08.080.  97-16-030 (Order 97-124), § 220-47-428, filed 7/29/97, effective 8/29/97; 96-15-101 (Order 96-81), § 220-47-428, filed 7/22/96, effective 8/22/96.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-47-326Puget Sound commercial salmon--Assessment of impacts on released fish.

OTS-2213.5


AMENDATORY SECTION(Amending WSR 97-18-035, filed 8/27/97, effective 9/27/97)

WAC 220-56-124
Unlawful provisions--Hoodsport Hatchery.

During the period ((October)) July 1 through December 15, those waters of Catch Record Card Area 12 within a 2,000 foot arc seaward of yellow buoys at the mouth of Finch Creek at the Hoodsport Salmon Hatchery are regulated as provided for in this section:

(1) These waters are open to salmon angling regardless of the status of the surrounding waters of Area 12.

(2) Special daily limit of four salmon, except release ((chinook)) chum salmon and of which no more than one salmon may be a chinook salmon - ((October)) July 1 through October 15.  Special daily limit of four salmon of which no more than ((two)) one may be a chinook salmon - October 16 through December 15.

(3) ((During the period October 1 through December 15)) It is unlawful to fish for or possess salmon taken from these waters from ((8:00 p.m. to 6:00 a.m)) one hour after sunset to one hour before sunrise.

[Statutory Authority: RCW 75.08.080 and 75.12.040.  97-18-035, § 220-56-124, filed 8/27/97, effective 9/27/97.  Statutory Authority: RCW 75.08.080.  96-11-078 (Order 96-44), § 220-56-124, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), § 220-56-124, filed 5/31/95, effective 7/1/95; 94-14-069, § 220-56-124, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), § 220-56-124, filed 3/31/93, effective 5/1/93.]


AMENDATORY SECTION(Amending Order 95-46, filed 5/31/95, effective 7/1/95)

WAC 220-56-126
Nonbuoyant lures and night closures--Saltwater.

It is unlawful to fish for or possess salmon taken for personal use from the following saltwater areas unless the hooks meet the requirements of this section.

(1) Nonbuoyant lure restriction: In the following waters during the periods shown, it is unlawful to use a nonbuoyant lure that has more than one single hook or has a hook measuring more than 3/4 inch point to shank:

AreaTime Period
Duwamish waterway downstream from the First Avenue South Bridge to an east-west line through SW Hanford Street on Harbor Island parallel to SW Spokane Street where it crosses Harbor IslandJuly 1 - November 30
Budd Inlet - waters south of

a line true west from the KGY

radio station to the mainland

and north of the closed zone

provided for in WAC

220-56-128

July 16 - October 31
Westport Boat Basin((July 1)) August 16 -January 31

(2) During the gear restricted periods provided for in this section it is unlawful to fish for food fish or shellfish from one hour after official sunset to one hour before official sunrise.

(3) No leads, weights, or sinkers may be attached below or less than 12 inches above a lure.

(4) All hooks must be attached within 3 inches of the bait or lure.

(5) It is unlawful to use baitfish jigger gear.

[Statutory Authority: RCW 75.08.080.  95-12-027 (Order 95-46), § 220-56-126, filed 5/31/95, effective 7/1/95; 93-08-034 (Order 93-20), § 220-56-126, filed 3/31/93, effective 5/1/93; 90-06-026, § 220-56-126, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-126, filed 3/16/89; 85-09-017 (Order 85-20), § 220-56-126, filed 4/9/85.]


AMENDATORY SECTION(Amending WSR 98-06-031, filed 2/26/98, effective 5/1/98)

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 ((Bayview)) Thriftway Market Building to a point 100 yards north of the railroad bridge located on the western side of the inlet opposite the ((Bayview)) 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 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.

(14) Waters within 200 yards of the salmon net pens located near Sund Rock in Hood Canal are closed to the taking of food fish other than salmon at all times.

(15) Waters of the Titlow Beach Marine Preserve Area are closed to the taking of food fish at all times except that it is lawful to fish for salmon with artificial lures only from shore or a nonmotorized vessel.

(16) Chief Joseph Dam - closed to fishing from the Okanogan County shore between the dam and the Highway 17 Bridge.  Closed to boat fishing downstream of Chief Joseph Dam to the Corps of Engineers Safety Zone Marker.

(17) 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.

(18) 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.

(19) Priest Rapids Dam - waters between the upstream line of Priest Rapids Dam and boundary markers 650 feet below the fish ladders.

(20) 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.

(21) 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.

(22) 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.

(23) 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.

(24) 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.

(25) The following conservation areas are closed year round:

(a) Brackett's Landing Shoreline Sanctuary Conservation Area.

(b) City of Des Moines Park Conservation Area.

(c) Octopus Hole Conservation Area.

(d) Orchard Rocks Conservation Area.

(e) South 239th Street Park Conservation Area.

[Statutory Authority: RCW 77.12.040 and 75.08.080.  98-06-031, § 220-56-128, filed 2/26/98, effective 5/1/98.  Statutory Authority: RCW 75.08.080.  97-07-078 (Order 97-53), § 220-56-128, filed 3/19/97, effective 5/1/97; 95-12-027 (Order 95-46), § 220-56-128, filed 5/31/95, effective 7/1/95; 94-14-069, § 220-56-128, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), § 220-56-128, filed 3/31/93, effective 5/1/93; 91-08-054 (Order 91-13), § 220-56-128, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-128, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-128, filed 3/16/89; 88-10-012 (Order 88-14), § 220-56-128, filed 4/26/88; 85-09-017 (Order 85-20), § 220-56-128, filed 4/9/85; 82-07-047 (Order 82-19), § 220-56-128, filed 3/18/82; 80-03-064 (Order 80-12), § 220-56-128, filed 2/27/80, effective 4/1/80.  Formerly WAC 220-56-065.]


AMENDATORY SECTION(Amending WSR 97-18-035, filed 8/27/97, effective 9/27/97)

WAC 220-56-190
Coastal salmon--Saltwater seasons and daily limits.

It shall be unlawful to take, fish for or possess salmon taken by angling for personal use except from the following coastal areas, during the seasons, in the quantities, sizes and for the species designated in this section and as defined in the daily limit codes in WAC 220-56-180:

(1) Catch Record Card Area 1 - Special daily limit of two salmon not more than one of which may be a chinook salmon, except release wild coho salmon, special cumulative limit of four salmon in any ((seven consecutive days)) Sunday through the following Thursday period - Sundays through Thursdays only, ((July 21)) August 3 through September ((25)) 24, except closed ((0-3 miles offshore and closed)) in the Columbia River Mouth Control Zone 1, see WAC 220-56-195.

(2) Catch Record Card Area 2 - Special daily limit of two salmon only one of which may be a chinook salmon, special cumulative limit of four salmon in any ((seven consecutive days)) Sunday through the following Thursday period - Sundays through Thursdays only, ((July 21)) August 3 through September ((25)) 24, except closed 0-3 miles offshore.

(3) Grays Harbor (Catch Record Card Area 2-2) (a) Special daily limit of six salmon, not more than ((four)) one of which may be an adult salmon((, defined as chinook salmon over 24 inches in length, coho salmon over 20 inches in length or pink, chum or sockeye salmon greater than 12 inches in length)) - August 16 through January 31 ((in the Westport boat basin only)) east of the Buoy 8 line.  (b) Special daily limit ((A)) of six salmon, not more than one of which may be an adult salmon, except release ((all)) chum and wild coho salmon - September 1 through September 30: Waters of Catch Record Card Area 2-2 east of the Channel Marker 13 Line. Single point barbless hooks required.

Westport Boat Basin: Special daily limit of six salmon not more than four of which may be adult salmon - August 16 through January 31. Barbed hooks are allowed.

Twenty-Eighth Street Landing: Special daily limit of six salmon not more than one of which may be an adult salmon, except release chum and wild coho salmon - October 1 through October 31: Within posted markers at the Twenty-Eighth Street Landing at Ocean Shores. Single point barbless hooks required. 

(4) Willapa Bay (Catch Record Card Area 2-1) Special daily limit of six salmon, not more than three of which may be adult salmon((, defined as chinook salmon over 24 inches in length, coho salmon over 20 inches in length or pink, chum or sockeye salmon greater than 12 inches in length)) and release wild coho salmon - August 16 through January 31. Single point barbless hooks required.

(5) Catch Record Card Area 3 - Special daily limit of two salmon - ((July 21)) August 3 through September ((25)) 24.

(6) Catch Record Card Area 4 - (a) Waters west of the Bonilla-Tatoosh line - ((Special daily limit of two salmon, except release coho - July 21 through September 25)) Closed to salmon angling the entire year.  (b) Waters east of the Bonilla-Tatoosh line: ((September 15 through July 31, closed; August 1 through August 29 -))Special daily limit of two salmon except release ((coho and)) chinook((;)) salmon - August ((30)) 3 through ((August 31 - Special daily limit of two salmon except release chinook; September 1 through)) September ((14, catch and release only and terminal gear limited to surface flies only)) 24.

(7) Unless otherwise provided for in this section, minimum size 24 inches for chinook salmon and 16 inches for coho salmon.  No minimum size for other salmon.

[Statutory Authority: RCW 75.08.080 and 75.12.040.  97-18-035, § 220-56-190, filed 8/27/97, effective 9/27/97.  Statutory Authority: RCW 75.08.080.  96-11-078 (Order 96-44), § 220-56-190, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), § 220-56-190, filed 5/31/95, effective 7/1/95; 94-14-069, § 220-56-190, filed 7/1/94, effective 8/1/94; 93-14-043 (Order 93-36), § 220-56-190, filed 6/29/93, effective 7/30/93; 91-08-054 (Order 91-13), § 220-56-190, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-190, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-190, filed 3/16/89; 87-09-066 (Order 87-16), § 220-56-190, filed 4/21/87; 86-09-020 (Order 86-08), § 220-56-190, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-190, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-190, filed 4/11/84; 83-07-043 (Order 83-16), § 220-56-190, filed 3/17/83; 82-13-040 (Order 82-61), § 220-56-190, filed 6/9/82; 82-07-047 (Order 82-19), § 220-56-190, filed 3/18/82; 80-03-064 (Order 80-12), § 220-56-190, filed 2/27/80, effective 4/1/80.  Formerly WAC 220-56-064.]


AMENDATORY SECTION(Amending WSR 98-06-031, filed 2/26/98, effective 5/1/98)

WAC 220-56-191
Puget Sound salmon--Saltwater seasons and daily limits.

It is unlawful to fish for or possess salmon taken by angling for personal use except from the following Puget Sound areas, during the seasons, in the quantities, sizes, and for the species designated in this section and as defined in the daily limit codes in WAC 220-56-180.  Puget Sound waters west of the mouth of the Sekiu River are managed concurrent with ocean waters as provided for in WAC 220-56-190.  In all fisheries provided for in this section, chinook salmon minimum size 22 inches and no minimum size for other salmon.

(1) Catch Record Card Areas 5 and 6 -

(a) ((Special daily limit of 2 salmon April 16 through June 15 except all chinook salmon greater than 30 inches in length and all coho salmon must be released.

(b) During the period April 16 through September 30 and November 1 through April 15, Dungeness Bay is closed to salmon angling.  October 1 through October 31, special daily limit of two coho salmon.

(c) Special daily limit of 2 salmon June 16 through June 30, except release coho.

(d) July 1 through July 31 - Closed.

(e) August 1 through August 10 - Special daily limit of 2 salmon, except release coho and chinook.

(f))) August ((11)) 1 through September ((15)) 7, special daily limit of 2 salmon, except release chinook and chum salmon.

(((g))) (b) September ((16)) 8 through ((January 31)) September 30 - ((Closed)) Catch and release only.

(((h) February)) (c) November 1 through ((April 15)) November 30 - Special daily limit of 2 salmon of which no more than one may be a chinook salmon and release all coho salmon.  ((Release all coho.))

(2) Catch Record Card Area 7:

(a) ((October)) July 1 through ((July 31)) August 15 - Special daily limit of 2 salmon except release chinook salmon.  ((During the period April 16 through June 15 all chinook salmon greater than 30 inches in length must be released.))

(b) August ((1)) 16 through September 30 - Special daily limit of ((4)) 2 salmon, not more than ((2)) 1 of which may be ((coho or)) a chinook salmon.

(c) October 1 through October 31 - Special daily limit of 2 salmon, except release chinook salmon.

(d) November 1 through November 30 - Special daily limit of 2 salmon, no more than one of which may be a chinook salmon.

(e) Notwithstanding the provisions of this subsection during the period ((October 1)) August 16 through ((December)) October 31 the special daily limit in Bellingham Bay is 4 salmon no more than ((2)) 1 of which may be chinook.

(3) Catch Record Card Area 8-1:

(a) ((September)) August 16 through ((April 15)) October 31 - Special daily limit of 2 salmon((.  During the period September 16 through September 30)) except release chinook salmon.

(b) ((April 16 through August 15 - Closed.

(c) August 16)) November 1 through ((September 15)) November 30 - Special daily limit of ((4)) 2 salmon, not more than ((2)) 1 of which may be ((coho and release all)) a chinook salmon.

(4) Catch Record Card Area 8-2:

(a) August 1 through ((September 30)) October 31 - Special daily limit of 2 salmon except release chinook salmon ((taken outside the Tulalip Bay zone, defined as those waters adjacent to Tulalip Bay west of a line from Mission Point to Hermosa Point and within 2,000 feet from shore between the pilings at Old Bowers Resort northerly to a fishing boundary marker approximately 1.4 miles northwest of Hermosa Point.

(b) October 1 through May 31 - Special daily limit of 2 salmon.

(c) June 1 through July 31 - Closed)).

(5) Catch Record Card Area 9:

(a) ((November 1 through June 30 - Special daily limit of 2 salmon.

(b) July 1 through July 31 - Closed.

(c))) August 1 through ((September 1)) October 31 - Special daily limit of 2 salmon except release chinook salmon and release chum salmon August 1 through October 15.

(((d) September 2 through September 30 - Closed.

(e) October)) (b) November 1 through ((October 31)) November 30 - Special daily limit of 2 salmon ((except release coho)) not more than one of which may be a chinook salmon.

(((f))) (c) Notwithstanding the provisions of this subsection, salmon fishing is permitted year-round from the Edmonds Fishing Pier - Special daily limit of 2 salmon ((and all salmon species may be retained)) not more than one of which may be a chinook salmon.

(6) Catch Record Card Area 10:

(a) ((October 16 through June 30 - Special daily limit of 2 salmon.

(b))) July 1 through October ((15)) 31 - Special daily limit of 2 salmon except release chinook salmon, and:

(i) During the period July 1 through September 15, Elliott Bay east of a line from ((Pier 91 to Duwamish Head)) Fourmile rock to Alki Point is closed.

(ii) During the period July 1 through October ((15)) 31, Shilshole Bay east of a line from Meadow Point to West Point is closed.

(iii) ((During the period July 1 through August 31, release chinook in waters north of a line from West Point to Skiff Point and in waters northeast of the Agate Pass Bridge.

(iv) During the period September 16 through October 15, release chinook in the Duwamish Waterway from the First Avenue South Bridge to an east-west line through SW Hanford Street on Harbor Island.)) November 1 through November 30 - Special daily limit of 2 salmon, not more than one of which may be a chinook salmon.

(((c))) (b) Notwithstanding the provisions of this subsection, salmon fishing is permitted year-round from the Elliott Bay public fishing pier at Terminal 86 and Seacrest Pier - Special daily limit of 2 salmon ((and all salmon species may be retained)) not more than one of which may be a chinook salmon.

(7) Catch Record Card Area 11 - May 1 through ((April)) November 30 - Daily limit of 2 salmon not more than one of which may be a chinook salmon.

(8) Catch Record Card Area 12:

(a) ((December 16 through July 15 - Special daily limit of 2 salmon.

(b) July 16 through September 30 - Special daily limit of 4 salmon, not more than 2 of which may be pink salmon and release all chinook and chum.

(c) October)) July 1 through October 15 - Special daily limit of 4 salmon, ((not more than 2 of which may be chinook and)) except release ((all)) chum and chinook salmon.

(((d))) (b) October 16 through December ((15)) 31 - Special daily limit of 4 salmon, not more than ((two)) one of which may be a chinook salmon.

(((e))) (c) Waters of the Hoodsport Hatchery Zone are managed separately as provided for in WAC 220-56-124.

(((f))) (d) Notwithstanding the provisions of this subsection, salmon fishing is permitted year round while fishing from the Hood Canal Bridge fishing pier - Special daily limit of 2 salmon not more than one of which may be a chinook salmon.

(9) Catch Record Card Area 13 - May 1 through ((April 30)) December 31 - Daily limit of 2 salmon not more than one of which may be a chinook salmon.

(10) In the above waters there are specified closures as provided for in WAC 220-56-128 and 220-56-195.  Additionally, there are gear and area restrictions at Shilshole Bay, the Duwamish Waterway, and Budd Inlet, and at Titlow Beach and the Edmonds underwater park and the Elliott Bay, Les Davis, and Des Moines public fishing piers.  See specific sections in chapter 220-56 WAC for salmon angling restrictions at these locations.

[Statutory Authority: RCW 77.12.040 and 75.08.080.  98-06-031, § 220-56-191, filed 2/26/98, effective 5/1/98.  Statutory Authority: RCW 75.08.080 and 75.12.040.  97-18-035, § 220-56-191, filed 8/27/97, effective 9/27/97.  Statutory Authority: RCW 75.08.080.  96-11-078 (Order 96-44), § 220-56-191, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), § 220-56-191, filed 5/31/95, effective 7/1/95; 94-14-069, § 220-56-191, filed 7/1/94, effective 8/1/94; 93-14-043 (Order 93-36), § 220-56-191, filed 6/29/93, effective 7/30/93.]


AMENDATORY SECTION(Amending WSR 97-18-035, filed 8/27/97, effective 9/27/97)

WAC 220-56-195
Closed areas--Saltwater salmon angling.

The following areas shall be closed to salmon angling during the times indicated:

(1) Skagit Bay: Those waters lying easterly of a line projected from West Point on Whidbey Island to Reservation Head on Fidalgo Island, northerly of a line projected from Polnell Point to Rocky Point, northerly of the state Highway 532 Bridge between Camano Island and the mainland and south of a line between the south end of McGlinn Island and the light at the south end of Fidalgo Island (Qk Fl) at the south end of Swinomish Slough shall be closed to salmon angling April 16 through June 15.

(2) Bellingham Bay: Those waters of Bellingham, Samish and Padilla Bays southerly of a line projected from the most westerly point of Gooseberry Point to Sandy Point, easterly of a line from Sandy Point to Point Migley thence along the eastern shoreline of Lummi Island to Carter Point, thence to the most northerly tip of Vendovi Island thence to Clark Point on Guemes Island following the shoreline to Southeast Point on Guemes Island thence to March Point on Fidalgo Island and north of the Burlington Railroad Bridges at the north end of Swinomish Slough shall be closed to salmon angling April 16 through July 31.

(3) Carr Inlet:

(a) Those waters north of a line from Green Point to Penrose Point are closed to salmon angling April 16 through July 31.

(b) Those waters of Carr Inlet within 1,000 feet of the outer oyster stakes at the mouth of Minter Creek are closed to salmon angling April 16 through September 30.

(4) Dungeness Bay: Those waters westerly of a line from Dungeness Spit Light to the number 2 red buoy, and then to the Port Williams boat ramp are closed to salmon angling April 16 through September 30 and November 1 through April 15.

(5) Samish Bay: Those waters southerly of a line projected true east from Fish Point are closed to salmon angling August 1 through October 15.

(6) Columbia River Mouth Control Zone 1: Washington waters within Control Zone 1, which Control Zone is described as the ocean area surrounding the Columbia River mouth west of the Buoy 10 line and bounded by a line extending for 6 nautical miles due west from North Head along 46°18'00" N. latitude to 124°13'18" W. longitude, then southerly along a line of 167° true to 46°11'06" N. latitude and 124°11'00" W. longitude (Columbia River Buoy), then northeast along Red Buoy Line to the tip of the south jetty are closed to salmon angling at all times except open to fishing from the north jetty when adjacent waters north of the Control Zone are open to salmon angling or the Buoy 10 fishery is open.

(7) Commencement Bay: Those waters east of a line projected from the Sperry Ocean Dock to landfall below the Cliff House Restaurant on the north shore of Commencement Bay are closed April 16 through ((June 30)) July 31.

(8) Whidbey Island and mainland shores in Areas 5 and 6. Those waters of Catch Record Card Areas 5 and 6 within 3/4 mile of the shores of the mainland and Whidbey Island are closed to salmon angling August 1 through September 30.

(9) Rosario Strait: July 1 through September 30 the following areas are closed to salmon angling:

(a) Southeastern Rosario Strait (Deception Pass to Shannon Pt.) - Waters within 1500 feet of Fidalgo Island from the Initiative 77 marker northeast of Northwest Island to Biz Point; and waters of Burrows Bay inside a line from Biz Point to Williamson Rocks Buoy to the Dennis Shoal Buoy, to a point 1500 feet west of the Burrows Island Light, then northeast to Fidalgo Head; and waters within 1500 feet of Fidalgo Island from Fidalgo Head to Shannon Point.

(b) Southwestern Rosario Strait (east side of Lopez Island, Decatur Island, and James Island) - Waters within 1500 feet of Lopez Island bounded by a line running from Point Colville due south 1500 feet then northerly along the island, across Lopez Pass, and then northerly along Decatur Island within 1500 feet of shore to Fauntleroy Point, including waters within 1500 feet of James Island.

[Statutory Authority: RCW 75.08.080 and 75.12.040.  97-18-035, § 220-56-195, filed 8/27/97, effective 9/27/97.  Statutory Authority: RCW 75.08.080.  96-11-078 (Order 96-44), § 220-56-195, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), § 220-56-195, filed 5/31/95, effective 7/1/95; 94-14-069, § 220-56-195, filed 7/1/94, effective 8/1/94; 93-14-043 (Order 93-36), § 220-56-195, filed 6/29/93, effective 7/30/93; 92-11-012 (Order 92-19), § 220-56-195, filed 5/12/92, effective 6/12/92; 90-06-026, § 220-56-195, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-195, filed 3/16/89; 88-10-013 (Order 88-15), § 220-56-195, filed 4/26/88; 87-09-066 (Order 87-16), § 220-56-195, filed 4/21/87; 86-09-020 (Order 86-08), § 220-56-195, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-195, filed 4/9/85; 83-07-043 (Order 83-16), § 220-56-195, filed 3/17/83; 82-13-040 (Order 82-61), § 220-56-195, filed 6/9/82; 80-03-064 (Order 80-12), § 220-56-195, filed 2/27/80, effective 4/1/80.]


AMENDATORY SECTION(Amending Order 95-46, filed 5/31/95, effective 7/1/95)

WAC 220-56-199
Closed areas--Chinook salmon angling.

((Chinook only closures--None.)) East San Juan Islands - During the period August 16 through September 30, chinook release required south and east of the following line: A line running west from Sandy Point to Johnson Point at the easternmost tip of Sucia Island, then south to Point Thompson on northern Orcas Island, then southeast along Orcas Island around Lawrence Point following the shoreline southwest to Deer Point, then due south to Blakely Island, and south following the shoreline