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State
Washington Regulations
Chapter 220-40 WAC Willapa harbor

Last Update: 8/3/05


DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
220-40-010 Willapa Harbor -- Areas. [Order 1221, 220-40-010, filed 7/1/75; Order 1133, 220-40-010, filed 7/19/74; Order 995, 220-40-010, filed 8/6/72; Order 925, 220-40-010, filed 6/3/71; Order 864, 220-40-010, filed 5/12/70; Order 813, 220-40-010, filed 5/5/69; Order 726, 4 (part), filed 4/24/67; subsections 1 and 2 from Order 679, filed 4/20/66; subsections 2d and 2e from Order 544, filed 4/3/62; subsections 1, 1a, 2, 2a, 2b, from Orders 341 and 256, filed 3/1/60; subsections 1b, 1c, 1d, from Orders 476 and 256, filed 3/1/60; subsections 2c, 2f from Orders 448 and 256, filed 3/1/60; Orders 448 and 256, filed 3/1/60; Order 256, filed 3/1/60.] Repealed by Order 76-35, filed 5/11/76.
220-40-022 Willapa Harbor -- Weekly periods. [Statutory Authority: RCW 75.08.080. 87-21-041 (Order 87-161), 220-40-022, filed 10/14/87; 86-15-016 (Order 86-55), 220-40-022, filed 7/10/86; 85-13-073 (Order 85-64), 220-40-022, filed 6/19/85; 84-15-008 (Order 84-66), 220-40-022, filed 7/6/84; 83-13-054 (Order 83-53), 220-40-022, filed 6/15/83; 82-13-048 (Order 82-63), 220-40-022, filed 6/11/82; 81-13-005 (Order 81-37), 220-40-022, filed 6/8/81; 80-09-072 (Order 80-69), 220-40-022, filed 7/18/80; 79-07-046 (Order 79-43), 220-40-022, filed 6/22/79; 78-09-041 (Order 78-61), 220-40-022, filed 8/18/78; Order 77-71, 220-40-022, filed 8/18/77; Order 77-44, 220-40-022, filed 6/3/77; Order 76-73, 220-40-022, filed 8/16/76; Order 1221, 220-40-022, filed 7/1/75; Order 1133, 220-40-022, filed 7/19/74.] Repealed by 88-19-098 (Order 88-116), filed 9/20/88. Statutory Authority: RCW 75.08.080.
220-40-024 Willapa Harbor -- Mesh sizes -- Gear. [Statutory Authority: RCW 75.08.080. 87-21-041 (Order 87-161), 220-40-024, filed 10/14/87; 86-15-016 (Order 86-55), 220-40-024, filed 7/10/86; 85-13-073 (Order 85-64), 220-40-024, filed 6/19/85; 84-15-008 (Order 84-66), 220-40-024, filed 7/6/84; 83-13-054 (Order 83-53), 220-40-024, filed 6/15/83; 82-13-048 (Order 82-63), 220-40-024, filed 6/11/82; 81-13-005 (Order 81-37), 220-40-024, filed 6/8/81; 80-09-072 (Order 80-69), 220-40-024, filed 7/18/80; 79-07-046 (Order 79-43), 220-40-024, filed 6/22/79; 78-09-041 (Order 78-61), 220-40-024, filed 8/18/78; Order 77-71, 220-40-024, filed 8/18/77; Order 76-73, 220-40-024, filed 8/16/76; Order 1221, 220-40-024, filed 7/1/75; Order 1133, 220-40-024, filed 7/19/74.] Repealed by 88-19-098 (Order 88-116), filed 9/20/88. Statutory Authority: RCW 75.08.080.
220-40-025 Willapa Harbor -- Closed area. [Statutory Authority: RCW 75.08.080. 79-07-046 (Order 79-43), 220-40-025, filed 6/22/79; Order 77-44, 220-40-025, filed 6/3/77; Order 76-73, 220-40-025, filed 8/16/76; Order 1221, 220-40-025, filed 7/1/75; Order 1133, 220-40-025, filed 7/19/74.] Repealed by 88-19-098 (Order 88-116), filed 9/20/88. Statutory Authority: RCW 75.08.080.
220-40-026 Salmon -- Willapa Bay late summer fishery. [Statutory Authority: RCW 75.08.080. 89-16-056 (Order 89-71), 220-40-026, filed 7/28/89, effective 8/28/89.] Repealed by 90-18-023 (Order 90-77), filed 8/24/90, effective 9/24/90. Statutory Authority: RCW 75.08.080.
220-40-040 Willapa Harbor -- Emergencies. [Order 525, filed 5/3/61; Orders 507 and 256, filed 3/1/60.] Repealed by deletion by Order 726, filed 4/24/67.



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220-40-015
Willapa Bay Gill net gear specifications.
It is unlawful to fish for food fish in Willapa Bay for commercial purposes with gill net gear or to possess food fish taken from those waters with gill net gear unless:

(1) The gill net does not exceed 1,500 feet in length along the cork line; and

(2) Except as otherwise provided in this chapter, the mesh size of the gill net is not less than 5 inches or greater than 6-1/2 inches stretch measure.



[Statutory Authority: RCW 75.08.080. 89-16-056 (Order 89-71), 220-40-015, filed 7/28/89, effective 8/28/89.]




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220-40-020
Willapa Bay salmon Seasons and lawful gear Salmon.
It shall be unlawful to take, fish for or possess salmon taken for commercial purposes in Willapa Bay fishing areas except for salmon taken with gill net gear as provided for in this chapter.



[Statutory Authority: RCW 75.08.080. 89-16-056 (Order 89-71), 220-40-020, filed 7/28/89, effective 8/28/89; 86-15-016 (Order 86-55), 220-40-020, filed 7/10/86; Order 1221, 220-40-020, filed 7/1/75; Order 1116, 220-40-020, filed 4/30/74; Order 1049, 220-40-020, filed 4/11/73; Order 995, 220-40-020, filed 6/8/72; Order 925, 220-40-020, filed 6/3/71; Order 864, 220-40-020, filed 5/12/70; Order 813, 220-40-020, filed 5/5/69; Order 772-B, filed 4/15/68; Order 726, 4 (part), filed 4/24/67; subsections 1 and 5 from Orders 341 and 256, filed 3/1/60; subsection 2 from Order 677, filed 3/31/66; Order 569, filed 4/11/63; subsection 6 from Order 679, filed 4/20/66; Orders 341 and 256, filed 3/1/60; subsections 3 and 4 from Order 525, filed 5/3/61; Orders 341 and 256, filed 3/1/60.]




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220-40-021
Willapa Bay salmon Summer fishery.
July 5 through August 15 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 77.12.047. 01-13-055 (Order 01-104), 220-40-021, filed 6/15/01, effective 7/16/01. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-40-021, filed 7/15/98, effective 8/15/98. 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.]




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220-40-027
Salmon Willapa Bay fall fishery.
August 16 through December 31 of each year, it is unlawful to fish for salmon in Willapa Bay for commercial purposes or to possess salmon taken from those waters for commercial purposes, except that:


Fishing periods


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


Time Area
6:00 p.m. September 18 through 6:00 p.m. September 23, 2005 Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, 2H west of Willapa Channel Marker 40, 2M, and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. September 21 through 6:00 p.m. September 22 and 6:00 p.m. September 28 through 6:00 p.m. September 29, 2005 Area 2K
6:00 p.m. September 24 through 6:00 p.m. October 3, 2005 Area 2G east of a line drawn true south from the most waterward exposed end of the rock jetty located near Washaway Beach, Area 2H, Area 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2), and Area 2M.
6:00 p.m. October 9 through 6:00 p.m. October 11, 2005 Areas 2G east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach, 2H, 2M, and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
6:00 p.m. October 17 through 6:00 p.m. October 20, and 6:00 p.m. October 24 through 6:00 p.m. October 27, 2005 Areas 2G west of a line drawn true north-south through Willapa Channel Marker 10 and east of a line projected true south from the most waterward exposed end of the rock jetty located near Washaway Beach but excluding the area southerly and easterly of a line from Island Sands Light to Ramsey Point, 2M, and 2J north of a true east-west line drawn through the North Entrance Marker to the Nahcotta Boat Basin (RF #2)
Noon, November 6 through noon November 30, 2005 Areas 2G, 2H, 2J and 2M

(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 restrictions - All areas:

(a) Drift gill net gear only. It is unlawful to use set net gear.

(b) September 1 through October 3, 2005 - 6-inch maximum mesh, no more than 55 meshes deep. Net must hang straight from top to bottom. Strings may only be used to secure break away panels.

(c) October 4 through October 31, 2005 - 6-1/2 inch maximum mesh.

(d) November 1 through November 30, 2005 - 9-inch minimum mesh.


Other


(4) Quick reporting required for wholesale dealers and fishers retailing their catch under a "direct retail endorsement." WAC 220-69-240.



[Statutory Authority: RCW 77.12.047. 05-17-006 (Order 05-167), 220-40-027, filed 8/3/05, effective 9/3/05; 04-16-013 (Order 04-183), 220-40-027, filed 7/22/04, effective 8/22/04; 03-18-004 (Order 03-208), 220-40-027, filed 8/20/03, effective 9/20/03; 02-16-021 (Order 02-173), 220-40-027, filed 7/26/02, effective 8/26/02; 01-13-055 (Order 01-104), 220-40-027, filed 6/15/01, effective 7/16/01; 00-23-065 (Order 00-240), 220-40-027, filed 11/15/00, effective 12/16/00. Statutory Authority: RCW 75.08.080. 99-24-104 (Order 99-206), 220-40-027, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), 220-40-027, filed 7/15/98, effective 8/15/98. 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.]




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220-40-030
Willapa Bay Seasons and lawful gear Varieties other than salmon and sturgeon.
(1) It is unlawful in Marine Fish-Shellfish Management and Catch Reporting Area 60C to fish for food fish, other than sturgeon and salmon, with purse seine or lampara gear exceeding 900 feet in length or having meshes of less than one-half inch stretch measure, or with drag seine gear exceeding 700 feet in length or having meshes of less than 4-1/2 inches stretch measure, except as provided in WAC 220-40-030(3). It is unlawful to fish for or possess salmon or sturgeon taken with purse seine, lampara, or drag seine gear.

(2) It is lawful to fish for and possess bottomfish taken for commercial purposes in Marine Fish-Shellfish Management and Catch Reporting Area 60C, at anytime with set line and hand line jig gear.

(3)(a) June 1 through October 31 - It is lawful to fish for and possess anchovy, candlefish, or pilchards taken for commercial purposes with purse seine or lampara in the waters of Willapa Bay, provided it is unlawful to use gear exceeding 1,400 feet in length or containing meshes less than one-half inch stretch measure. It is lawful to fish for and possess herring taken for commercial purposes with lampara gear from the waters of Willapa Bay, except it is unlawful to use lampara gear exceeding 1,400 feet in length or containing mesh less than 1/2-inch stretch measure. All species of fish other than herring, anchovy, candlefish and pilchard taken in operation with such purse seine or lampara gear must be immediately, with care, returned to the water.

(b) February 1 through March 15 - Closed to all commercial herring, anchovy, candlefish or pilchard fishing except dip bag net.

(c) It is lawful to fish for, take and possess herring, anchovy, candlefish, or pilchards with dip bag net gear at any time in the waters of Willapa Bay.

(4) It is lawful to retain for commercial purposes bottomfish taken incidental to any lawful commercial salmon fishery in Willapa Bay Salmon Management and Catch Reporting Areas 2G, 2H, 2J, 2K, and 2M, and it shall be lawful to retain bottomfish taken incidental to any lawful sturgeon fishery in Marine Fish-Shellfish Management and Catch Reporting Area 60C.

(5) It is lawful to take, fish for and possess smelt taken with hand dip nets in any of the waters of Willapa Bay except it is unlawful to take smelt for commercial purposes during weekly closed periods extending from 8:00 a.m. Thursday to 8:00 p.m. Saturday.

(6) It is lawful to take bottom fish with drag seine in Marine Fish-Shellfish Management and Catch Reporting Area 60C from March 1 through June 30.

(7) It is unlawful to fish with purse seine or lampara gear at all times in the waters of Marine Fish-Shellfish Management and Catch Reporting Area 60C if any part of the purse seine or lampara is in waters that are less than 20 feet deep.



[Statutory Authority: RCW 77.12.047. 03-05-062 (Order 03-26), 220-40-030, filed 2/18/03, effective 3/21/03. Statutory Authority: RCW 75.08.080. 95-23-020 (Order 95-166), 220-40-030, filed 11/8/95, effective 12/9/95; 91-08-054 (Order 91-13), 220-40-030, filed 4/2/91, effective 5/3/91; 85-06-033 (Order 85-14), 220-40-030, filed 3/1/85; 84-15-008 (Order 84-66), 220-40-030, filed 7/6/84; 84-08-014 (Order 84-24), 220-40-030, filed 3/27/84; 80-09-072 (Order 80-69), 220-40-030, filed 7/18/80; 79-05-007 (Order 79-20), 220-40-030, filed 4/11/79; Order 77-14, 220-40-030, filed 4/15/77; Order 76-148, 220-40-030, filed 12/2/76; Order 76-26, 220-40-030, filed 1:45 p.m., 4/20/76; Order 925, 220-40-030, filed 6/3/71; Order 864, 220-40-030, filed 5/12/70; Order 726, 4 (part), filed 4/24/67; subsections 1, 2, 3 from Order 679, filed 4/20/66; Order 638, filed 4/28/65; Order 605, filed 4/21/64; Order 569, filed 4/11/63; Order 544, filed 4/3/62; Order 525, filed 5/3/61; Order 507, filed 4/13/60; Orders 483 and 256, filed 2/1/60; subsection 4 from Order 544, filed 4/3/62; Order 525, filed 5/3/61; Orders 448 and 256, filed 3/1/60; subsection 5 from Order 544, filed 4/3/62; Orders 448 and 256, filed 3/1/60; subsections 6, 8, 9 from Order 525, filed 5/3/61; Orders 341 and 256, filed 3/1/60; subsection 7 from Orders 346 and 256, filed 3/1/60.]




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220-40-031
Willapa Bay Seasons and lawful gear Sturgeon.
It is unlawful to fish for or possess sturgeon taken for commercial purposes from Marine Fish-Shellfish Management and Catch Reporting Area 60C except at those times, with the gear, and subject to the provisions of this section:

(1) It is unlawful to take sturgeon by angling from any vessel that is engaged in commercial sturgeon fishing, has been engaged in commercial sturgeon fishing that same day, or has commercially caught sturgeon aboard.

(2) It is unlawful to retain sturgeon not of lawful size, as provided for in WAC 220-20-020(1), and all sturgeon in transit must not have head or tail removed.

(3) It is lawful to retain for commercial purposes sturgeon taken incidental to any lawful commercial salmon fishery in any Willapa Bay Salmon Management and Catch Reporting Area except it is unlawful to retain white sturgeon taken prior to August 1st.



[Statutory Authority: RCW 75.08.080. 91-08-054 (Order 91-13), 220-40-031, filed 4/2/91, effective 5/3/91; 90-18-023 (Order 90-77), 220-40-031, filed 8/24/90, effective 9/24/90; 85-06-033 (Order 85-14), 220-40-031, filed 3/1/85.]