CCLME.ORG - General provisions - Fish and wildlife department of

State
Washington Regulations
Chapter 220-20 WAC General provisions - Fish and wildlife, department of

Last Update: 6/13/06

DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
220-20-017 Commercial fishing licenses -- Application and renewal. [Statutory Authority: RCW 75.08.080. 91-16-070 (Order 91-57), § 220-20-017, filed 8/2/91, effective 9/2/91; 89-13-004 (Order 89-44), § 220-20-017, filed 6/8/89; 86-24-047 (Order 86-191), § 220-20-017, filed 11/26/86.] Repealed by 94-01-001, filed 12/1/93, effective 1/1/94. Statutory Authority: RCW 75.08.080.
220-20-030 General provisions -- Off-reservation treaty Indian ceremonial fishing. [Order 866, § 220-20-030, filed 6/12/70.] Repealed by 85-13-032 (Order 85-60), filed 6/12/85. Statutory Authority: RCW 75.08.080.
220-20-055 Commercial license conditions. [Statutory Authority: RCW 75.08.080 and 75.10.120. 89-09-052 (Order 89-22), § 220-20-055, filed 4/18/89; 87-21-018 (Order 87-150), § 220-20-055, filed 10/9/87.] Repealed by 00-01-102 (Order 99-210), filed 12/16/99, effective 1/16/00. Statutory Authority: RCW 75.08.080.
220-20-056 Commercial fishing license renewal upon the death of the holder. [Statutory Authority: RCW 77.12.047. 01-20-065 (Order 01-222), § 220-20-056, filed 9/28/01, effective 10/29/01.] Repealed by 04-10-108 (Order 04-105), filed 5/5/04, effective 6/5/04. Statutory Authority: RCW 77.12.047.

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220-20-001
General definitions — 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.

[Statutory Authority: RCW 77.12.047. 02-16-069 (Order 02-181), § 220-20-001, filed 8/6/02, effective 9/6/02.]

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220-20-010
General provisions — Lawful and unlawful acts — Salmon, other fish and shellfish.
(1) It shall be unlawful to take, fish for, possess or transport for any purpose 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.

(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 commission or director, 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)
Pilchard (Sardinops sagax)
Except as provided for in WAC 220-88C-040

(4) It shall be unlawful for any person to fish for fish or shellfish while in possession in the field of 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 approved and registered buoy brand issued to the license, provided that:

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

(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, 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.

(8) It shall be unlawful for any person taking or possessing 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 fish or shellfish for inspection by authorized representatives of the department.

(9) It shall be unlawful for any person licensed by the department to fail to make or return any report required by the department relative to the taking, selling, possessing, transporting, processing, freezing and storing of 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 with firearm, crossbow, bow and arrow or compressed air gun, snag, snare, dip net, harass, spear, stone or otherwise molest, injure, kill or destroy any 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 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 bow and arrow or 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 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.

(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, or to perform any act not specifically authorized in said document or in the regulations of the commission or director.

(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 fish or shellfish or other aquatic marine organisms, without first having obtained a special permit to do so from the director.

(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 fish and wildlife enforcement office in Olympia prior to testing.

(18) It is unlawful for any person or corporation either licensed by the department or bringing 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 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 fish containing coded-wire tags, including but not limited to, the snouts of those salmon that are marked by having clipped adipose fins.

(19) It is unlawful for any person to possess live bottom fish taken under a commercial fishery license.

(20) It is unlawful for any person to use chemical irritants to harvest fish, shellfish or unclassified marine invertebrates except as authorized by permit issued by the department.

[Statutory Authority: RCW 77.12.047. 06-13-023 (Order 06-135), § 220-20-010, filed 6/13/06, effective 7/14/06; 05-08-056 (Order 05-53), § 220-20-010, filed 3/30/05, effective 4/30/05; 02-08-048 (Order 02-53), § 220-20-010, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-20-010, filed 3/29/00, effective 5/1/00. Statutory Authority: RCW 75.08.080. 00-01-096 (Order 99-214), § 220-20-010, filed 12/15/99, effective 1/15/00. Statutory Authority: RCW 75.08.080, 77.12.040. 98-15-081 (Order 98-122), § 220-20-010, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 98-15-031 (Order 98-120), § 220-20-010, filed 7/7/98, effective 8/7/98. 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.]

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220-20-012
Unlawful sale of food fish and shellfish.
In order to prevent the sale of food fish or shellfish taken under personal-use fishing regulations, it shall be unlawful to sell, or offer for sale or purchase, or offer to purchase, any food fish or shellfish unless taken with lawful commercial gear, in an area open to commercial fishing for that species, and the fisherman has in his possession at the time of sale a valid commercial fishing license.

[Statutory Authority: RCW 75.08.080. 81-02-053 (Order 81-3), § 220-20-012, filed 1/7/81; 79-11-069 (Order 79-111), § 220-20-012, filed 10/18/79.]

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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.

(2) It is unlawful to traffic in krill. Violation of this subsection is punishable under RCW 77.15.260.

[Statutory Authority: RCW 77.12.047. 05-01-132 (Order 04-320), § 220-20-013, filed 12/16/04, effective 1/16/05.]

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220-20-015
Lawful and unlawful acts — Salmon.
(1) It is unlawful to operate in any river, stream or channel any gill net 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 of fisheries.

(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 gill net gear.

(b) In the Pacific Ocean commercial salmon troll fishery frozen chinook salmon, dressed heads off shall be 21 1/2 inches minimum and frozen coho salmon dressed heads off shall 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 75.12.140.

(5) It is lawful to possess salmon for any purpose which were lawfully obtained from state and federal government fish hatcheries and facilities. Subsections (3) and (12) of WAC 220-20-010 and subsection (3) of WAC 220-20-015 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 shall be unlawful to angle for salmon for personal use from any vessel that is engaged in commercial salmon trolling or has commercially caught salmon aboard.

[Statutory Authority: RCW 77.12.047. 02-23-002 (Order 02-278), § 220-20-015, filed 11/6/02, effective 12/7/02; 00-17-106 (Order 00-149), § 220-20-015, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 98-15-031 (Order 98-120), § 220-20-015, filed 7/7/98, effective 8/7/98; 84-13-078 (Order 84-53), § 220-20-015, filed 6/21/84; 79-10-013 (Order 79-75), § 220-20-015, filed 9/7/79; 78-05-067 (Order 78-20), § 220-20-015, filed 4/27/78; Order 77-66, § 220-20-015, filed 8/5/77; Order 77-14, § 220-20-015, filed 4/15/77; Order 76-24A, § 220-20-015, filed 4/20/76; Order 1251, § 220-20-015, filed 8/18/75; Order 1210, § 220-20-015, filed 5/26/75; Order 1143, § 220-20-015, filed 8/8/74; Order 1116, § 220-20-015, filed 4/30/74; Order 1049, § 220-20-015, filed 4/11/73; Order 984, § 220-20-015, filed 2/17/72; Order 925, § 220-20-015, filed 6/3/71; Order 920, § 220-20-015, filed 5/13/71; Order 810, § 220-20-015, filed 4/17/69.]

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220-20-016
Sale and purchase of commercial caught salmon.
(1) It is unlawful for any person licensed to take salmon for commercial purposes as required under chapter 77.65 RCW to:

(a) Retain for personal use more than the equivalent of one daily sport bag limit for the area being fished. All salmon taken under commercial license must be recorded on state of Washington fish receiving tickets. The daily limit and possession limit described in this subsection also apply to crew members of the licensed fishing vessel.

(b) Sell any salmon he takes under such license to anyone other than a licensed wholesale dealer located within or outside the state of Washington: Provided, That a person who is himself licensed as a wholesale dealer under the provisions of RCW 77.65.280 may sell his catch to individuals or corporations other than licensed wholesale dealers.

(c) Sell, barter or attempt to sell or barter salmon eggs that have been removed from the body cavity of salmon unless all carcasses from which eggs have been removed are sold to the same buyer except this subsection does not apply to troll caught salmon or the eggs from such salmon.

(d) Discard salmon that may be lawfully retained except fishers may discard salmon that are unmarketable due to pinniped predation.

(2) It is unlawful for any person licensed as a wholesale dealer as required under RCW 77.65.280 and acting in the capacity as an original receiver to purchase or attempt to purchase salmon eggs without also purchasing all male and female salmon taken by the fisher, including the salmon carcasses from which the eggs were removed.

[Statutory Authority: RCW 77.12.047. 03-10-010 (Order 03-79), § 220-20-016, filed 4/25/03, effective 5/26/03; 01-07-015 (Order 01-32), § 220-20-016, filed 3/13/01, effective 4/13/01. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), § 220-20-016, filed 11/19/99, effective 12/20/99; 85-11-020 (Order 85-43), § 220-20-016, filed 5/10/85; 80-01-021 (Order 79-137), § 220-20 -016, filed 12/14/79.]

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220-20-019
Requirement to provide sales documents.
It is unlawful for any individual, firm, or corporation to fail to show on demand to any authorized employee or enforcement officer of the department of fisheries state of Washington fish receiving tickets or sales documents pursuant to WAC 220-69-240.

[Statutory Authority: RCW 75.08.080. 82-17-040 (Order 82-105), § 220-20-019, filed 8/13/82.]

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220-20-020
General provisions — Lawful and unlawful acts — Food fish other than salmon.
(1) It is unlawful to fish for or possess for commercial purposes any round, undressed sturgeon less than 48 inches or greater than 60 inches in length.

(2) It is unlawful to fish for or possess for commercial purposes or possess aboard a commercial fishing vessel for any purpose any species of halibut (Hippoglossus) unless permitted by the current regulations of the International Pacific Halibut Commission.

(3) It is unlawful to fish for or possess for commercial purposes sturgeon taken from any of the waters of Puget Sound or tributaries, and any sturgeon taken with any type of commercial gear incidental to a lawful fishery shall immediately be returned to the water unharmed.

(4) It is unlawful to fish for food fish for commercial purposes in the waters of Shilshole Bay inland and inside a line projected in a southwesterly direction from Meadow Point to West Point.

(5) It is unlawful to fish for or possess for commercial purposes any starry flounder less than 14 inches in length taken by any commercial gear, in all Puget Sound Marine Fish-Shellfish Areas.

(6) It shall be unlawful to harvest herring eggs naturally deposited on marine vegetation or other substrate, unless a person has a permit issued by the director.

(7) It is unlawful to fish for or possess carp taken for commercial purposes except as authorized by written permit from the director, except that carp taken incidental to a commercial fishery for other species may be retained for commercial purposes. Failure to comply with the provisions of the carp permit constitutes unlawful use of the carp commercial fishery license

(8) It is unlawful to fin sharks in Washington state waters, and it is unlawful to possess shark fins in the field unless the carcass of the shark is retained, except that once a commercially taken shark carcass has been delivered to a licensed wholesale dealer or a person acting in that capacity, and the sale of the shark has been recorded on a fish receiving ticket, the shark fins need not be retained with the shark carcass.

[Statutory Authority: RCW 77.12.047. 06-13-024 (Order 06-134), § 220-20-020, filed 6/13/06, effective 7/14/06; 06-07-045 (Order 06-39), § 220-20-020, filed 3/9/06, effective 4/9/06; 02-23-002 (Order 02-278), § 220-20-020, filed 11/6/02, effective 12/7/02; 02-02-049 (Order 01-286), § 220-20-020, filed 12/27/01, effective 1/27/02; 00-17-106 (Order 00-149), § 220-20-020, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 00-01-103 (Order 99-215), § 220-20-020, filed 12/16/99, effective 1/16/00; 98-15-031 (Order 98-120), § 220-20-020, filed 7/7/98, effective 8/7/98; 97-07-043 (Order 97-51), § 220-20-020, filed 3/14/97, effective 4/14/97; 95-23-020 (Order 95-166), § 220-20-020, filed 11/8/95, effective 12/9/95; 93-14-042 (Order 93-54), § 220-20-020, filed 6/29/93, effective 7/30/93. Statutory Authority: RCW 75.08.080 and 75.28.245. 90-07-003 (Order 90-17), § 220-20-020, filed 3/8/90, effective 4/8/90. Statutory Authority: RCW 75.08.080. 90-06-045 (Order 90-15), § 220-20-020, filed 3/1/90, effective 4/1/90; 80-09-072 (Order 80-69), § 220-20-020, filed 7/18/80; 79-03-014 (Order 79-11), § 220-20-020, filed 2/15/79; Order 77-147, § 220-20-020, filed 12/16/77; Order 77-14, § 220-20-020, filed 4/15/77; Order 76-148, § 220-20-020, filed 12/2/76; Order 76-26, § 220-20-020, filed 4/20/76; Order 1193-A, § 220-20-020, filed 3/5/75; Order 1193, § 220-20-020, filed 3/4/75; Order 1143, § 220-20-020, filed 8/8/74; Order 1105, § 220-20-020, filed 12/28/73; Order 1057, § 220-20-020, filed 5/22/73; Order 1045, § 220-20-020, filed 3/8/73; Order 988, § 220-20-020, filed 4/28/72; Order 920, § 220-20-020, filed 5/13/71; Order 862, § 220-20-020, filed 4/16/70; Order 817, § 220-20-020, filed 5/29/69; Order 810, § 220-20-020, filed 4/17/69.]

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220-20-021
Sale of commercially caught sturgeon and bottomfish.
(1) It is unlawful for any person while engaged in commercial fishing for sturgeon or bottomfish to:

(a) Keep sturgeon smaller or greater than the size limits provided for in WAC 220-20-020, keep more than one sturgeon for personal use, or keep more than the equivalent of one 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 and bottomfish retained for personal use must be recorded on fish receiving tickets.

(b) Sell any sturgeon or bottomfish 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 75.28.300 may sell to individuals or corporations other than licensed wholesale dealers.

(c) Sell, barter, or attempt to sell or barter sturgeon eggs that have been removed from the body cavity of any sturgeon taken under such license prior to the time that the sturgeon is sold under subsection (1)(b) of this section.

(2) It is unlawful for any wholesale dealer licensed under RCW 75.28.300 to purchase or attempt to purchase sturgeon eggs from sturgeon taken by any person licensed to take sturgeon for commercial purposes under chapter 75.28 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.

[Statutory Authority: RCW 77.12.047. 06-05-094 (Order 06-24), § 220-20-021, filed 2/14/06, effective 3/17/06. Statutory Authority: RCW 75.08.080. 97-07-043 (Order 97-51), § 220-20-021, filed 3/14/97, effective 4/14/97; 94-12-009 (Order 94-23), § 220-20-021, filed 5/19/94, effective 6/19/94; 85-08-023 (Order 85-24), § 220-20-021, filed 4/1/85; 82-17-040 (Order 82-105), § 220-20-021, filed 8/13/82.]

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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. 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.

[Statutory Authority: RCW 77.12.047. 02-23-002 (Order 02-278), § 220-20-025, filed 11/6/02, effective 12/7/02; 02-08-048 (Order 02-53), § 220-20-025, filed 3/29/02, effective 5/1/02; 00-17-106 (Order 00-149), § 220-20-025, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. 00-01-095 (Order 99-213), § 220-20-025, filed 12/15/99, effective 1/15/00; 98-15-031 (Order 98-120), § 220-20-025, filed 7/7/98, effective 8/7/98; 95-23-020 (Order 95-166), § 220-20-025, filed 11/8/95, effective 12/9/95; 94-12-009 (Order 94-23), § 220-20-025, filed 5/19/94, effective 6/19/94; 90-06-045 (Order 90-15), § 220-20-025, filed 3/1/90, effective 4/1/90; 80-13-064 (Order 80-123), § 220-20-025, filed 9/17/80; Order 1179, § 220-20-025, filed 11/19/74; Order 990, § 220-20-025, filed 5/11/72; Order 810, § 220-20-025, filed 4/17/69.]

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220-20-026
Sale of commercially caught shellfish.
It shall be unlawful for any person commercially fishing for shellfish in Washington state waters or delivering shellfish into a Washington state port that were taken in offshore waters to retain for personal use more than the equivalent of one daily sport bag limit for the area being fished. All shellfish taken under commercial license must be recorded on state of Washington fish receiving tickets.

[Statutory Authority: RCW 75.08.080. 93-17-021 (Order 93-77), § 220-20-026, filed 8/10/93, effective 9/10/93.]

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220-20-038
Shellfish — Import.
It shall be unlawful to import, ship or otherwise cause live shellfish of any kind or form or associated pest, predators or disease organisms, to be introduced into the waters of the state of Washington without first obtaining written permission from the director or the director's authorized agent. The permit shall accompany the shellfish during transit and at the point of introduction. It shall be unlawful for the permit holder to fail to comply with all terms, conditions and provisions of the permit or to perform any act in connection with the permit that is not specifically authorized in the permit. The permit may specify department inspections and transfer conditions for the import.

[Statutory Authority: RCW 75.08.080. 97-08-078 (Order 97-56), § 220-20-038, filed 4/2/97, effective 5/3/97; 80-13-064 (Order 80-123), § 220-20-038, filed 9/17/80.]

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220-20-039
Live fish — Import and transfer.
(1) It is unlawful for any person, group, corporation, association, or government entity to import into, transport, or possess within the state of Washington live fish and/or the viable sexual products thereof, except aquarium fish, game fish, indigenous marine baitfish, and mosquito fish (Gambusia spp.) when used by agencies authorized by chapter 17.28 RCW without having first obtained a permit to do so from the director of the department of fisheries. The permit shall accompany the fish and/or sexual products at all times within the state of Washington and shall be presented to department of fisheries employees on demand.

(2) The director may impose conditions in any permit as necessary to insure the protection of food fish within this state from infectious, contagious or communicable diseases and pests. It shall be unlawful to violate the terms and conditions of any permit. In addition to any other penalties provided by law, violation of these rules on the terms and conditions of any permit may result in the suspension and/or revocation of the permit.

[Statutory Authority: RCW 75.08.080. 82-17-040 (Order 82-105), § 220-20-039, filed 8/13/82.]

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220-20-040
General provisions — Rearing and planting food fish.
(1) It shall be unlawful for any person, group, corporation, association, or governmental entity to plant or release any food fish into the waters of the state of Washington without first obtaining a permit from the department of fisheries. No permit shall be issued unless the following time periods are observed, and the following information provided the department prior to planting.

(a) Thirty days prior to obtaining food fish or food fish eggs, fry, or fingerlings, or importing the same with the eventual intent to plant in the waters of the state of Washington, the person, group, corporation, association, or governmental entity so intending to plant shall provide the department information as to the source of the food fish or food fish eggs, fry, or fingerlings, species, race, and time and place for the proposed release or other disposition and the size of the food fish to be planted.

(b) Thereafter, the department shall examine the provided information and determine if a permit for the planting of the food fish should be issued. If a proposed plant presents an important conflict or competition to the established stocks in the waters to be planted, conflicts with the department's overall management plan for the waters to be planted, would cause a significant decrease in the abundance of stocks already present, or would significantly inhibit the ability to harvest existing stocks, a permit for planting shall not be issued.

(c) Thirty days prior to planting, and within ten days of the actual plant, the food fish to be released must be made available to the department for inspection for disease. If the department's representative so inspecting is not satisfied the food fish are disease-free, or otherwise in a condition specified in paragraph (b) of this regulation, the food fish shall not be released in the waters of the state, and any prior departmental approval for such planting is automatically withdrawn. The department will consider a certification by department-approved pathologists that the food fish to be released are disease-free in lieu of actual department inspection.

(d) Any person, group, corporation, association or governmental entity intending to release food fish in the waters of the state, shall report immediately to the department the outbreak of any disease among the food fish, food fish eggs, fry or fingerlings intended to be released. If such outbreak presents a threat to such fishery resource of the state, the department may immediately order such action necessary to protect the state's fisheries, including quarantine or destruction of stocks, sterilization of closures and facilities, cessation of activities, and disposal of the infected fish in a manner satisfactory to the department.

(e) No food fish covered by a permit issued under this regulation shall be branded, tattooed, tagged, fin-clipped or otherwise marked for identification without prior approval by the department.

(f) No facilities shall be constructed or operated for the purpose of food fish propagations or rearing without first obtaining a permit from the department. No permit shall be issued unless the following information is provided the department prior to beginning construction of such facility:

(i) The person, group, corporation, association, or governmental entity so intended to construct such facility shall provide the department information as to the species to be produced in the facility or otherwise affected by the facility, and a general plan of times and places for the proposed releases or other disposition and the size, age, and maturity of the food fish to be released. Functional plans for construction of such facility shall also be provided to the department.

(ii) Thereafter, the department shall examine the provided information and determine if the permit for construction of the facility shall be issued. If the proposed planting, release, or operational scheme presents an important conflict or competition to established stocks of food fish, conflicts with the department's overall management plan for the waters or areas to be planted, would cause a significant decrease in the abundance of stocks already present, or will significantly inhibit the ability to harvest existing stocks, a permit for construction will not be issued.

(iii) A permit for construction or operation of a propagation facility will be revoked if any food fish are planted, released, or otherwise disposed of by any person, group, corporation, association or governmental entity which is the holder of a construction or operation permit under this paragraph if the holder does not, prior to planting or releasing, provide the department with the additional information and secure the additional permits required by this regulation.

(g) An advisory committee of potentially affected groups will be established to provide technical input.

[Order 76-96, § 220-20-040, filed 9/23/76.]

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220-20-045
Scientific collection permits.
(1) The following definitions apply to this section:

(a) "Collect" means to take control or to attempt to take control of fish, shellfish, wildlife, or the nests of birds. Collect does not include transitory holding of reptiles, amphibians and invertebrates solely for identification purposes.

(b) "Display" means to place or locate fish, shellfish, wildlife, or the nests of birds, so that public viewing is allowed.

(c) "Encountered" means targeted or nontargeted specimens captured, handled or physically affected by the collecting activity.

(d) "Project" means a planned undertaking of common temporal or geographical activities to reach a common objective. Multiple activities of a similar nature may be grouped under a single project.

(e) "Research" means scientific investigation, and includes education. Electrofishing is a form of scientific investigation.

(f) "Scientific collection permit" and "scientific permit" as referenced in RCW 77.15.660 and 77.32.240 have the same meaning.

(2) It is unlawful for any person to collect fish, shellfish, wildlife, or the nests of birds for research or display purposes on the lands or in the waters of the state of Washington for species, by means, in amounts, or in such condition not authorized under personal use or commercial rules, or in violation of any rule prohibiting possession of unclassified wildlife or prohibited aquatic species, without first obtaining a permit from the department. It is unlawful to fail to comply with any of the provisions of the permit and it is unlawful to buy or sell fish, shellfish, wildlife, or the nests of birds taken under the permit, and it is unlawful to consume or offer for human consumption any fish, shellfish, or wildlife taken under the permit.

(3) Application procedure:

(a) All applications for scientific collection must be submitted on a department application form and delivered to the department office in Olympia. Approval or denial of a scientific collection permit application will be given no more than sixty days after receipt of a complete application.

(b) A separate permit application must be submitted for each project.

(c) Each request for a permit to collect for research purposes must be accompanied by the following information:

(i) A study title.

(ii) A statement of the applicant's qualifications for conducting the project. A statement of the qualifications of anyone conducting activities under the permit, including experience with the methodology of the proposed collection, and the applicant's access to facilities and competence to care for the specimens to be collected, if the collected specimens will be retained in live form by the applicant.

(iii) A study plan which includes: Specific objective(s) for the proposed project including defining an identifiable end point or conclusion toward which efforts are to be directed; the justification for the project; methodology of collection; project start and end dates; project location including county name; names of participants in the collection; names and numbers of species expected to be collected or encountered; and proposed final disposition of specimens collected. Students under the direct on-site supervision of an instructor in an official course of study under an accredited educational institution may collect on behalf of the instructor holding a scientific collection permit and are not required to be listed on the permit.

(d) Each request for a permit to collect for display purposes must be accompanied by the following information:

(i) A statement of the qualifications of the applicant and all other persons conducting activities under the permit, including experience with the methodology of the proposed collection, and, if live fish, shellfish or wildlife are to be displayed, the name of the publicly owned facility where the display will occur and the competence of the facility operators to care for the specimens.

(ii) A project description, which includes: Reason for display; project location including county name; methodology of collection; names of participants in the collection; names and numbers of species expected to be collected or encountered; display site; length of display; and proposed final disposition of specimens collected.

(e) Any application for a scientific collection permit using firearms must contain a statement that all persons who will use firearms are legally capable of possessing firearms.

(f) An amendment to a project application will be treated as a project application except for the addition or deletion of names of participants in the collection.

(4) Permit periods: Permits are valid for the project period, but not to exceed one year from the date of issuance, except multiyear permits, at the discretion of the department, may be issued for public health purposes.

(5) Reporting: A final report as specified in the permit conditions must be submitted to the department upon completion of the research or display project, and must be received by the department no later than 60 days after the expiration of the permit. Renewable annual permit holders must submit a report each year, and the report must be received by the department within 60 days of the anniversary date of the initial issuance date of the permit. In addition to the final or annual report, interim reports may be required. Issuance of additional permits or permit renewals are subject to prior submission of a project report.

(6) Permit granting and denial: Permits will normally be granted for requests which contribute to the body of fish, shellfish, or wildlife knowledge, increase or maximize the fish, shellfish, and wildlife resource, avoid damage to the various resources, and do not unnecessarily duplicate previous research. Permits will not be granted if the project conflicts with existing activities or conservation goals. Permits will not be granted if the applicant was a prior permit holder and failed to submit required reports. Permits may be denied if the applicant or any other person involved in the collection has a history of fish or wildlife violations or may be revoked if, during the project period, the applicant or any other person involved in the collection commits a fish or wildlife violation.

(7) Miscellaneous permit provisions:

(a) A copy of the scientific collection permit must be in the physical possession of any person exercising the privileges authorized by the permit. Only collection participants named under subsection (3)(c)(iii) or (d)(ii) of this section may collect under the permit.

(b) A scientific collection permit does not authorize the release of specimens collected under the permit except for an immediate release to the exact site where the collection occurred unless release is specifically allowed as a condition of the permit. Release at any other site requires a transport, release, or planting permit. The conditions of the permit may specify that no release of certain specimens will be allowed.

(c) If the scientific collection allows retention of specimens, an interim, final, or annual collection report for the period documenting when the specimen was collected must be retained for the period of retention of the specimen.

(d) As a condition of receiving a scientific collection permit, the applicant agrees that fish and wildlife officers may, at reasonable times and in a reasonable manner, inspect the specimens collected, as well as the permits, records and facilities of a permit holder.

(e) A scientific collection permit may be revoked for violating the conditions of the permit.

(8) Appeal procedure: A person who is denied a scientific collection permit, who disputes the conditions of a permit, or who has a permit revoked may appeal the department action. Appeals must be filed in writing, and delivered to Legal Services, Department of Fish and Wildlife, 600 Capitol Way N., Olympia, WA 98501-1091. Specific grounds for contesting the revocation, denial, or permit conditions must be stated in the appeal. An appeal will be held under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.

[Statutory Authority: RCW 77.12.047. 06-07-081 (Order 06-47), § 220-20-045, filed 3/14/06, effective 4/14/06; Order 76-96, § 220-20-045, filed 9/23/76.]

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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, 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.

[Statutory Authority: RCW 75.08.080. 94-01-001, § 220-20-050, filed 12/1/93, effective 1/1/94. Statutory Authority: RCW 75.08.080 and 75.10.120. 87-21-018 (Order 87-150), § 220-20-050, filed 10/9/87.]

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220-20-051
Vessel designation requirements.
(1) In any licensed fishery for whicha vessel is required under chapter 75.28 RCW, or for any delivery of food fish or shellfish, or for any charter fishery, it is unlawful to fish for, harvest, deliver, or possess food fish or shellfish unless the licensee has designated the vessel from which the food fish or shellfish are to be taken or delivered, the department has issued a commercial license to the licensee showing the vessel so designated, and the vessel operator has the commercial license in physical possession. (continued)