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(continued)
(3) It shall be unlawful for any person while angling to fail to keep his angling gear under his direct and immediate physical control.
(4) In areas where a saltwater license is valid, each fisher aboard a vessel may continue to deploy angling gear or shellfish gear until the daily limit of food fish or shellfish for all licensed and juvenile anglers aboard has been retained.
(5) It is unlawful to possess fish or shellfish taken with gear in violation of the provisions of this section. Possession of fish or shellfish while using gear in violation of the provisions of this section is a rebuttable presumption that the fish or shellfish were taken with such gear. Possession of such fish or shellfish is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree -- Penalty, unless the fish or shellfish are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree -- Penalty.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 220-56-115, filed 4/11/06, effective 5/12/06; 06-05-085 (Order 06-23), § 220-56-115, filed 2/14/06, effective 5/1/06; 05-05-035 (Order 05-15), § 220-56-115, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-115, filed 3/4/04, effective 5/1/04; 02-09-001 (Order 02-53A), § 220-56-115, filed 4/3/02, effective 5/4/02; 01-06-036 (Order 01-24), § 220-56-115, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-115, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), § 220-56-115, filed 7/20/99, effective 8/20/99; 98-06-031, § 220-56-115, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-115, filed 1/30/95, effective 5/1/95; 91-08-054 (Order 91-13), § 220-56-115, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-115, filed 2/28/90, effective 3/31/90; 88-10-013 (Order 88-15), § 220-56-115, filed 4/26/88; 87-09-066 (Order 87-16), § 220-56-115, filed 4/21/87; 85-09-017 (Order 85-20), § 220-56-115, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-115, filed 4/11/84; 82-13-040 (Order 82-61), § 220-56-115, filed 6/9/82; 82-07-047 (Order 82-19), § 220-56-115, filed 3/18/82; 80-12-040 (Order 80-107), § 220-56-115, filed 8/29/80; 80-03-064 (Order 80-12), § 220-56-115, filed 2/27/80, effective 4/1/80.]
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220-56-116
Statewide saltwater hook rules.
(1) It is unlawful to use more than two hooks to fish in saltwater, except for forage fish jigger gear and squid jig gear, and when fishing from the north jetty of the Columbia River.
(2) It is unlawful to use barbed hooks in Marine Areas 5-13, except for forage fish jigger gear.
(3) It is unlawful to use other than one single barbless hook to fish for sturgeon.
(4) It is unlawful to use other than single barbless hooks to fish for salmon in Marine Areas 1-4, except in the Ocean Shores and Westport Boat Basins, as provided for in this section.
(5) It is unlawful to fish for or possess salmon taken with terminal gear hooks in violation of nonbuoyant lure restrictions in the following saltwater areas during the periods indicated:
(a) Budd Inlet waters south of a line projected 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 through October 31.
(b) Duwamish waterway downstream from the First Avenue South Bridge to an east-west line through Southwest Hanford Street on Harbor Island parallel to Southwest Spokane Street where it crosses Harbor Island - July 1 through October 31.
(c) Ocean Shores Boat Basin - August 16 through January 31.
(d) Westport Boat Basin - August 16 through January 31.
(6) It is unlawful to fish for or possess gamefish taken with terminal gear hooks in violation of nonbuoyant lure restrictions in the Duwamish waterway downstream from the First Avenue South Bridge to an east-west line through Southwest Hanford Street on Harbor Island parallel to Southwest Spokane Street where it crosses Harbor Island during the period July 1 through October 31.
(7) Use of gear in violation of this section is an infraction, punishable under RCW 77.15.160.
(8) It is unlawful to possess fish or shellfish taken with gear in violation of the provisions of this section. Possession of fish or shellfish while using gear in violation of the provisions of this section is a rebuttable presumption that the fish or shellfish were taken with such gear. Possession of such fish or shellfish is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree -- Penalty, unless the fish or shellfish are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree -- Penalty.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 220-56-116, filed 4/11/06, effective 5/12/06; 06-05-085 (Order 06-23), § 220-56-116, filed 2/14/06, effective 5/1/06; 02-08-048 (Order 02-53), § 220-56-116, filed 3/29/02, effective 5/1/02. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-116, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-116, filed 1/30/95, effective 5/1/95; 92-11-012 (Order 92-19), § 220-56-116, filed 5/12/92, effective 6/12/92; 89-10-032 (Order 89-26), § 220-56-116, filed 4/27/89; 88-10-012 (Order 88-14), § 220-56-116, filed 4/26/88; 85-09-017 (Order 85-20), § 220-56-116, filed 4/9/85; 83-07-043 (Order 83-16), § 220-56-116, filed 3/17/83; 82-13-040 (Order 82-61), § 220-56-116, filed 6/9/82.]
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220-56-118
Fish handling rules — Removal from water.
In order to protect fish that are required to be released:
(1) It is unlawful to totally or partially remove oversize sturgeon from the water.
(2) It is unlawful to totally or partially remove six-gill shark from the water.
(3) In all freshwater areas, except the Columbia River downstream from a line between Rocky Point and Tongue Point, it is unlawful to totally remove salmon, steelhead, Dolly Varden or bull trout from the water if it is unlawful to retain those salmon, steelhead, Dolly Varden or bull trout or if the angler subsequently releases the salmon, steelhead, Dolly Varden or bull trout.
(4) In Marine Areas 5 through 13, it is unlawful to bring wild salmon or a species of salmon aboard a vessel if it is unlawful to retain that salmon. For purposes of this subsection, "aboard" means inside the gunnel of a vessel.
(5) In Marine Area 2-2 east of the Buoy 13 line, salmon required to be released may not be totally removed from the water, except anglers fishing from vessels thirty feet or longer as shown on their state registration or Coast Guard documentation are exempt from this subsection.
[Statutory Authority: RCW 77.12.047. 06-05-085 (Order 06-23), § 220-56-118, filed 2/14/06, effective 5/1/06; 05-17-007 (Order 05-168), § 220-56-118, filed 8/3/05, effective 9/3/05; 05-05-035 (Order 05-15), § 220-56-118, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-118, filed 3/4/04, effective 5/1/04.]
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220-56-122
Statewide bait rules.
(1) It is unlawful to fish for sturgeon except with bait.
(2) It is unlawful to use lamprey as fishing bait, regardless of the source or species of lamprey.
(3) It is lawful to use bait in saltwater, and it is unlawful to use terminal gear other than bait suspended above the bottom by a float in the East Duwamish waterway between a line projected east along the path of southwest Hanford Street and a line projected east from the south tip of Harbor Island.
(4) It is unlawful to chum, broadcast, feed, or distribute into freshwater any bait or other substance capable of attracting fish unless specifically authorized in exceptions to statewide rules.
(5) When fishing for trout with bait, all trout that are lawful to possess and are equal to or greater than the minimum size are counted as part of the daily limit, whether kept or released, and it is unlawful to continue to fish once the daily limit has been achieved, except that steelhead trout may be caught and released until the daily limit is taken.
(6) It is unlawful to use live fish as bait to fish for game fish.
(7) Use of bait in violation of this section is an infraction, punishable under RCW 77.15.160.
(8) It is unlawful to possess fish taken with bait in violation of the provisions of this section. Possession of fish while using bait in violation of the provisions of this section is a rebuttable presumption that the fish were taken with such bait. Violation of this subsection is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree -- Penalty, unless the fish are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree -- Penalty.
[Statutory Authority: RCW 77.12.047. 06-13-023 (Order 06-135), § 220-56-122, filed 6/13/06, effective 7/14/06; 06-09-021 (Order 06-67), § 220-56-122, filed 4/11/06, effective 5/12/06; 06-05-085 (Order 06-23), § 220-56-122, filed 2/14/06, effective 5/1/06.]
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220-56-123
Statewide freshwater hook rules.
(1) It is unlawful to use more than three hooks to fish in freshwater, except it is lawful to use forage fish jigger gear in the waters of the Columbia River downstream from a line between Rocky Point and Tongue Point.
(2) It is unlawful to use other than one single barbless hook to fish for sturgeon.
(3) Use of gear in violation of this section is an infraction, punishable under RCW 77.15.160.
(4) It is unlawful to possess fish or shellfish taken with gear in violation of the provisions of this section. Possession of fish or shellfish while using gear in violation of the provisions of this section is a rebuttable presumption that the fish or shellfish were taken with such gear. Possession of such fish or shellfish is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree -- Penalty, unless the fish or shellfish are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree -- Penalty.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 220-56-123, filed 4/11/06, effective 5/12/06; 06-05-085 (Order 06-23), § 220-56-123, filed 2/14/06, effective 5/1/06; 05-17-007 (Order 05-168), § 220-56-123, filed 8/3/05, effective 9/3/05; 04-24-030 (Order 04-306), § 220-56-123, filed 11/23/04, effective 12/24/04; 01-06-036 (Order 01-24), § 220-56-123, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-123, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), § 220-56-123, filed 7/20/99, effective 8/20/99. Statutory Authority: RCW 75.08.080. 94-14-069, § 220-56-123, filed 7/1/94, effective 8/1/94.]
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220-56-124
Unlawful provisions — Hoodsport Hatchery.
During the period July 1 through December 31, 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, of which no more than two salmon may be chinook salmon greater than 24 inches in length. Release chum salmon July 1 through October 15.
(3) It is unlawful to fish for or possess salmon taken from these waters from one hour after sunset to one hour before sunrise.
[Statutory Authority: RCW 77.12.047. 02-15-097 (Order 02-158), § 220-56-124, filed 7/16/02, effective 8/16/02; 01-14-001 (Order 01-107), § 220-56-124, filed 6/21/01, effective 7/22/01. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), § 220-56-124, filed 7/20/99, effective 8/20/99; 98-15-081 (Order 98-122), § 220-56-124, filed 7/15/98, effective 8/15/98; 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.]
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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 Thriftway Market Building to a point 100 yards north of the railroad bridge located on the western side of the inlet opposite the 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 and waters within the channel created when tidelands are exposed 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 except it is lawful to fish with gear meeting the fly fishing only requirements of WAC 220-56-210 except it is unlawful to use lead core fly line. Use of gear other than fly fishing gear or use of a lead core line in violation of this subsection is an infraction, punishable under RCW 77.15.160. It is unlawful to retain any fish taken during the period January 1 through March 31.
(14) Chief Joseph Dam - closed to fishing from the Okanogan County shore between the dam and the Highway 17 Bridge. Closed to fishing from a floating device downstream of Chief Joseph Dam to the Corps of Engineers Safety Zone Marker.
(15) 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.
(16) 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.
(17) Priest Rapids Dam - waters between the upstream line of Priest Rapids Dam and boundary markers 650 feet below the fish ladders.
(18) 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.
(19) 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.
(20) 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.
(21) 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.
(22) 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.
(23) The waters of Catch Area 12 are closed at all times to the taking of food fish other than salmon.
(24) Freshwater Bay - waters south of a line from Angeles Point to Observatory Point (Bachelor Rock) are closed July 1 through August 31.
(25) Tulalip Bay - waters east of line from Mission Point to Hermosa Point are closed at all times.
(26) Waters of Catch Record Card Area 13 within 500 yards of the Toliva Shoal buoy are closed to fishing for food fish June 16 through April 30 and closed to rockfish year-round.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 220-56-128, filed 4/11/06, effective 5/12/06; 06-05-085 (Order 06-23), § 220-56-128, filed 2/14/06, effective 5/1/06; 05-05-035 (Order 05-15), § 220-56-128, filed 2/10/05, effective 5/1/05; 04-24-030 (Order 04-306), § 220-56-128, filed 11/23/04, effective 12/24/04; 04-17-098 (Order 04-218), § 220-56-128, filed 8/17/04, effective 9/17/04; 02-08-048 (Order 02-53), § 220-56-128, filed 3/29/02, effective 5/1/02. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-128, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 98-15-081 (Order 98-122), § 220-56-128, filed 7/15/98, effective 8/15/98; 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.]
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220-56-129
Unclassified freshwater invertebrates and fish.
(1) Definitions. For purposes of this section, "freshwater clams and mussels" means all freshwater bivalves existing in Washington in a wild state, except prohibited aquatic animal species classified under WAC 232-12-090.
(2) It is unlawful for any person to take or possess freshwater clams and mussels taken for personal use.
(3) It is unlawful for any person to take, fish for or possess Pacific lamprey, western brook lamprey, or river lamprey taken for personal use.
(4) Violation of this rule is punishable under RCW 77.15.140.
[Statutory Authority: RCW 77.12.047. 05-05-035 (Order 05-15), § 220-56-129, filed 2/10/05, effective 5/1/05; 03-05-057 (Order 03-24), § 220-56-129, filed 2/14/03, effective 5/1/03.]
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220-56-130
Unclassified marine invertebrates and fish.
(1) Definitions. For purposes of this section:
(a) "Daily limit" means individual animals retained, alive or dead.
(b) "Sculpins" means individual sculpins of species that are not defined as bottomfish.
(c) "Nudibranch" means individual nudibranchs of any species.
(d) "Unclassified marine invertebrates" and "unclassified marine fish" mean species existing in Washington state marine waters in a wild state that have not been classified as food fish, shellfish, game fish, protected wildlife, or endangered species.
(2) The following limits apply to the taking of unclassified marine invertebrates in Catch Record Card Areas 1 through 13, and the taking of unclassified marine fish in Catch Record Card Areas 5 through 13:
(a) Daily limit of ten unclassified marine invertebrates, except moon snails and nudibranchs.
(b) Daily limit of five moon snails.
(c) Daily limit of two nudibranchs.
(d) Daily limit of two unclassified marine fish per species of fish, except that the daily limit may not contain more than two sculpins and it is unlawful to take, fish for or possess Pacific lamprey or river lamprey.
(e) The possession limit and the daily limit are the same.
(f) Potlatch DNR tidelands are closed to the taking of unclassified marine invertebrates and unclassified marine fish.
(g) Violation of this subsection is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree -- Penalty, unless the fish or shellfish are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree -- Penalty.
(3) Each person possessing unclassified marine invertebrates or unclassified marine fish must retain their take in a separate container. Violation of this subsection is an infraction, punishable under RCW 77.15.160.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 220-56-130, filed 4/11/06, effective 5/12/06; 06-05-085 (Order 06-23), § 220-56-130, filed 2/14/06, effective 5/1/06; 05-05-035 (Order 05-15), § 220-56-130, filed 2/10/05, effective 5/1/05. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-130, filed 3/29/00, effective 5/1/00. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-130, filed 1/30/95, effective 5/1/95; 80-03-064 (Order 80-12), § 220-56-130, filed 2/27/80, effective 4/1/80.]
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220-56-131
Elliott Bay public fishing pier underwater artificial reef area.
It is unlawful to fish for or possess food fish or shellfish taken within 100 yards of the Elliott Bay public fishing pier except while fishing from the Elliott Bay public fishing pier. Violation of this section is an infraction, punishable under RCW 77.15.160.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 220-56-131, filed 4/11/06, effective 5/12/06. Statutory Authority: RCW 75.08.080. 93-08-034 (Order 93-20), § 220-56-131, filed 3/31/93, effective 5/1/93; 82-07-047 (Order 82-19), § 220-56-131, filed 3/18/82; 81-05-027 (Order 81-13), § 220-56-131, filed 2/17/81, effective 4/1/81.]
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220-56-132
Les Davis public fishing pier underwater artificial reef area.
It is unlawful to fish for or possess food fish or shellfish taken within 100 yards of the Les Davis public fishing pier except while fishing from the Les Davis public fishing pier. Violation of this section is an infraction, punishable under RCW 77.15.160.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 220-56-132, filed 4/11/06, effective 5/12/06. Statutory Authority: RCW 75.08.080. 93-08-034 (Order 93-20), § 220-56-132, filed 3/31/93, effective 5/1/93; 84-09-026 (Order 84-22), § 220-56-132, filed 4/11/84.]
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220-56-133
Des Moines public fishing pier.
It is unlawful to fish for or possess food fish or shellfish taken within 100 yards of the Des Moines public fishing pier except while fishing from the Des Moines public fishing pier. Violation of this section is an infraction, punishable under RCW 77.15.160.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 220-56-133, filed 4/11/06, effective 5/12/06. Statutory Authority: RCW 75.08.080. 89-07-060 (Order 89-12), § 220-56-133, filed 3/16/89.]
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220-56-134
Edmonds public fishing pier.
(1) It is unlawful to fish for or possess food fish or shellfish taken from the following waters except while fishing from the Edmonds public fishing pier: Waters inside a line from a boundary marker on the north breakwater to the southernmost marker buoy then to the north end of the city of Edmonds public beach.
(2) It shall be unlawful to take, fish for or possess food fish or shellfish taken by any means from within the boundaries of the underwater artificial reef surrounding the Edmonds public fishing pier as described in this subsection, except while fishing from the Edmonds public fishing pier.
Underwater artificial reef area: Those waters lying northerly and easterly of the north breakwater of the port of Edmonds marina inside of a line from a boundary marker on the north breakwater, northwesterly 275 feet to a marker buoy thence northeasterly 1350 feet to a marker buoy thence southeasterly to the northeastern end of the city of Edmonds public beach.
(3) Violation of this section is an infraction, punishable under RCW 77.15.160.
[Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 220-56-134, filed 4/11/06, effective 5/12/06. Statutory Authority: RCW 75.08.080. 95-12-027 (Order 95-46), § 220-56-134, filed 5/31/95, effective 7/1/95.]
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220-56-140
Wastage of food fish or shellfish.
It shall be unlawful to take, fish for or possess food fish or shellfish taken for personal use with the intent of wasting or destroying such food fish or shellfish.
[Statutory Authority: RCW 75.08.080. 80-03-064 (Order 80-12), § 220-56-140, filed 2/27/80, effective 4/1/80.]
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220-56-145
Possession of gamefish, food fish or shellfish in unlawful condition — Possession aboard a vessel.
(1) Fish and shellfish may be cleaned and portioned in the field except sturgeon when sturgeon eggs are in possession. It is unlawful for a fisher to fail to retain proof of compliance with number, species, size, weight, sex, or wild or hatchery origin restrictions, if such restrictions apply, until the fisher is ashore and has finished fishing for the day. This subsection does not apply if the catch is in the process of being prepared for immediate consumption.
(2) Notwithstanding the provisions of subsection (1) of this section, it is unlawful to possess Dolly Varden/bull trout in the field in such condition that the species and total length cannot be determined.
(3) In Marine Areas 1 through 6 it is unlawful for any person to possess more than one daily limit of fish or shellfish in fresh form while aboard a vessel.
[Statutory Authority: RCW 77.12.047. 01-06-036 (Order 01-24), § 220-56-145, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-145, filed 3/29/00, effective 5/1/00; 99-08-029 (Order 99-13), § 220-56-145, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-145, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 83-07-043 (Order 83-16), § 220-56-145, filed 3/17/83; 82-13-040 (Order 82-61), § 220-56-145, filed 6/9/82; 80-03-064 (Order 80-12), § 220-56-145, filed 2/27/80, effective 4/1/80.]
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220-56-150
Unlawful to take another's limit.
It is unlawful for any person to catch, dig or possess fish or shellfish for another person except designated harvesters as provided in WAC 220-55-065.
[Statutory Authority: RCW 77.12.047. 04-07-009 (Order 04-39), § 220-56-150, filed 3/4/04, effective 5/1/04. Statutory Authority: RCW 75.08.080. 86-09-020 (Order 86-08), § 220-56-150, filed 4/9/86; 80-03-064 (Order 80-12), § 220-56-150, filed 2/27/80, effective 4/1/80.]
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220-56-155
Total possession limit.
The lawful total cumulative number of salmon or amounts of other food fish and shellfish possessed when taken from more than one area shall not exceed the daily catch or possession limit for a single area.
[Statutory Authority: RCW 75.08.080. 80-03-064 (Order 80-12), § 220-56-155, filed 2/27/80, effective 4/1/80.]
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220-56-156
Possession and delivery of Canadian-origin food fish and shellfish.
(1) Canadian license required. It is unlawful to possess in marine waters or deliver into Washington shellfish or food fish taken for personal use from Canadian waters unless the person that possesses or delivers the shellfish or food fish possesses a valid Canadian sport fishing license and catch record card, if one is required, for the shellfish and food fish taken.
(2) Canadian-origin rockfish restrictions: It is unlawful to possess yelloweye or canary rockfish taken for personal use from Canadian waters.
(3) Canadian-origin halibut restrictions:
(a) The daily limit of halibut is one daily limit, regardless of the origin of the halibut. The daily limit is two halibut if taken from Canadian waters or one halibut if taken from Washington waters.
(b) The possession limit is two halibut if at least one halibut was taken from Washington waters and three halibut if all three halibut were taken from Canadian waters.
(c) It is unlawful to possess more than one daily limit of halibut aboard the fishing vessel.
(4) Canadian-origin salmon restrictions:
(a) It is unlawful to possess in marine waters or deliver into Washington any fresh salmon taken for personal use from Canadian waters unless such salmon meet current salmon regulations for the waters of the applicable department of fish and wildlife catch record card area, except, if the vessel operator has a valid Canadian customs clearance number obtained while the vessel was moored at a Canadian government dock in Ucluelet, Victoria, Sydney, White Rock, or Bedwell Harbour, British Columbia, fishers aboard the vessel may deliver Canadian-origin salmon into Washington that are lawfully taken in Canada, regardless of whether the salmon meet the current salmon regulations for the area where delivered.
(b) It is unlawful to fish for any species in state or offshore waters from a vessel having Canadian-origin salmon aboard that do not meet the current salmon regulations for the waters being fished.
(c) It is unlawful for a fisher to fish for any species in state or offshore waters if the fisher possesses in the field any salmon that do not meet the current salmon regulations for the waters being fished.
(5) "Delivery" of Canadian-origin fish into Washington defined. For the purposes of this section, "delivery" means transportation by a private or commercial recreational fishing vessel and delivery in Washington is complete when, within the state, the vessel anchors, moors, ties to a float or pier, or is placed or attempted to be placed on a boat trailer. "Delivery" is also complete if the fish or shellfish are offloaded from the vessel within state waters.
[Statutory Authority: RCW 77.12.047. 06-05-085 (Order 06-23), § 220-56-156, filed 2/14/06, effective 5/1/06; 05-05-046 (Order 05-22), § 220-56-156, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 75.08.080. 92-11-012 (Order 92-19), § 220-56-156, filed 5/12/92, effective 6/12/92; 90-08-001 (Order 90-22), § 220-56-156, filed 3/22/90, effective 4/22/90; 85-09-017 (Order 85-20), § 220-56-156, filed 4/9/85.]
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220-56-160
Spearfishing.
It shall be lawful to take, fish for and possess food fish taken for personal use in saltwater, except salmon and sturgeon, if such food fish are taken with underwater spearfishing gear commonly used in the sport of "skin diving."
[Statutory Authority: RCW 75.08.080. 90-06-026, § 220-56-160, filed 2/28/90, effective 3/31/90; 80-03-064 (Order 80-12), § 220-56-160, filed 2/27/80, effective 4/1/80.]
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220-56-165
Bow and arrow fishing.
It shall be lawful to take, fish for and possess food fish, except salmon, shad, or sturgeon, for personal use by bow and arrow fishing.
[Statutory Authority: RCW 75.08.080. 90-06-026, § 220-56-165, filed 2/28/90, effective 3/31/90; 80-07-017 (Order 80-45), § 220-56-165, filed 6/11/80; 80-03-064 (Order 80-12), § 220-56-165, filed 2/27/80, effective 4/1/80.]
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220-56-175
Catch record cards.
It is unlawful for any person to fail to comply with the catch record requirements as provided for in this section:
(1) In order to fish for or possess for personal use any crab, anadromous salmon, sturgeon, halibut, or steelhead, an angler must obtain and have in personal possession a valid appropriate catch record card as described in WAC 220-69-236 except for commercially caught salmon retained for personal use as provided for in WAC 220-20-016 and commercially caught sturgeon retained for personal use as provided for in WAC 220-20-021. Notwithstanding the provisions of this subsection, a catch record card is not required for landlocked steelhead or for salmon in waters designated as "landlocked salmon rules apply" in WAC 232-28-619.
(2) Any angler, after obtaining a catch record card shall validate the catch record card by completely, accurately, and legibly completing all personal identification information in ink on the catch record card prior to detaching the catch record card from the underlying copy of the catch record card or, for automated licenses, affixing the appropriate validation sticker to the catch record card. A catch record card remains valid so long as there are one or more unfilled spaces available for the species being fished for, except:
(a) In the mainstem Columbia River downstream from where the river forms the common boundary between Oregon and Washington for sturgeon a catch record card remains valid when the sturgeon portion of the catch record card is filled. A person may not retain sturgeon after the sturgeon portion of the catch record card is filled.
(b) A second or subsequent catch record card is invalid for retention of sturgeon.
(3) Immediately upon catching and possessing a salmon, steelhead, sturgeon or halibut, the angler shall enter in ink in the appropriate space the place, date of catch, species (catch type), for sturgeon, length, for halibut, vessel type and for salmon, whether or not the fish was marked.
(4) Immediately upon retaining a Dungeness crab aboard a vessel or on the shore, the fisher must enter in ink in the appropriate space the place and date of catch, fishery type and enter a tally mark for each Dungeness crab retained from each catch record card area fished. At the end of the fishing day, the fisher shall enter the total number of crab tally marks for each fishery type.
(5) Every person possessing a catch record card shall by April 30 of the year following the year printed on the card return such card to the department of fish and wildlife.
(6) Any person possessing a catch record card shall, upon demand of any law enforcement officer or authorized department employee, exhibit said card to such officer or employee for inspection.
(7) A catch record card shall not be transferred, borrowed, altered, or loaned to another person.
[Statutory Authority: RCW 77.12.047. 06-13-023 (Order 06-135), § 220-56-175, filed 6/13/06, effective 7/14/06; 06-05-085 (Order 06-23), § 220-56-175, filed 2/14/06, effective 5/1/06; 04-10-033 (Order 04-91), § 220-56-175, filed 4/29/04, effective 5/30/04; 03-05-057 (Order 03-24), § 220-56-175, filed 2/14/03, effective 5/1/03; 01-06-036 (Order 01-24), § 220-56-175, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 77.32.050. 00-11-178 (Order 00-80), § 220-56-175, filed 5/24/00, effective 6/24/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-175, filed 3/29/00, effective 5/1/00; 99-17-066 (Order 99-125), § 220-56-175, filed 8/13/99, effective 4/1/00. Statutory Authority: RCW 75.08.080. 91-08-054 (Order 91-13), § 220-56-175, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-175, filed 2/28/90, effective 3/31/90; 89-07-071 (Order 89-05), § 220-56-175, filed 3/20/89; 88-05-002 (Order 88-03), § 220-56-175, filed 2/4/88; 85-11-020 (Order 85-43), § 220-56-175, filed 5/10/85; 80-03-064 (Order 80-12), § 220-56-175, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-023.]
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220-56-180
Salmon statewide rules.
(1) In fresh water and in Marine Areas 2-1 beginning August 16 and 2-2 east of the Buoy 13 line beginning September 1, adult salmon are:
Chinook over 24 inches in length,
Coho over 20 inches in length,
Pink, chum or sockeye over 12 inches in length, and
Atlantic salmon of any size. In these waters the minimum size for salmon is 12 inches, except no minimum size for Atlantic salmon.
(2) In Marine Areas 1 through 4, in Area 2-1 from the opening date of adjacent ocean waters through August 15, and in Area 2-2 west of the Buoy 13 line, chinook salmon must be not less than 24 inches in length, coho salmon must be not less than 16 inches, but there is no minimum size on other salmon.
(3) In Marine Areas 5 through 13, chinook salmon must be not less than 22 inches in length, but there is no minimum size for other salmon.
(4) The salmon possession limit shall not exceed the equivalent of two daily limits in fresh form. An additional 40 pounds of salmon may be possessed in frozen or processed form.
(5) In all areas where the daily limit allows adult salmon to be taken, it is unlawful to continue to fish for salmon after the adult portion of the daily limit has been retained.
(6) Where landlocked salmon rules apply, no sport catch record card is required for salmon, the season, daily limit, and size and gear restriction rules for salmon are the same as trout rules. The angler's combined catch of landlocked salmon and trout applies toward the trout limit.
[Statutory Authority: RCW 77.12.047. 05-17-007 (Order 05-168), § 220-56-180, filed 8/3/05, effective 9/3/05; 04-24-030 (Order 04-306), § 220-56-180, filed 11/23/04, effective 12/24/04. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-180, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 220-56-180, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-180, filed 3/19/97, effective 5/1/97; 95-04-066 (Order 95-10), § 220-56-180, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), § 220-56-180, filed 3/31/93, effective 5/1/93; 91-14-046 (Order 91-40), § 220-56-180, filed 6/27/91, effective 7/28/91; 91-08-054 (Order 91-13), § 220-56-180, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-180, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-180, filed 3/16/89; 88-10-013 (Order 88-15), § 220-56-180, filed 4/26/88; 87-08-006 (Order 87-19), § 220-56-180, filed 3/23/87; 86-09-020 (Order 86-08), § 220-56-180, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-180, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-180, filed 4/11/84; 83-07-043 (Order 83-16), § 220-56-180, filed 3/17/83; 82-13-040 (Order 82-61), § 220-56-180, filed 6/9/82; 82-07-047 (Order 82-19), § 220-56-180, filed 3/18/82; 80-03-064 (Order 80-12), § 220-56-180, filed 2/27/80, effective 4/1/80.]
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220-56-185
Marine area codes.
The term "marine area code numbers" is defined as the catch area for the catch record card. The following is a list of the catch areas:
(1) Area 1 (Ilwaco): West of the Megler-Astoria Bridge - north to Leadbetter Point. Waters west of the Buoy 10 Line and north to Leadbetter Point.
(2)(a) Area 2 (Westport-Ocean Shores): From Leadbetter Point north to the Queets River. Area 2 excludes waters of Willapa Bay and Grays Harbor.
(b) Area 2-1: Willapa Bay east of a line from Leadbetter Point to Willapa Channel Marker 8 (Buoy 8) then to the westerly most landfall on Cape Shoalwater.
(c) Area 2-2: Grays Harbor east of a line from the outermost end of the north jetty to the outermost exposed end of the south jetty.
(3) Area 3 (La Push): From the Queets River north to Cape Alava.
(4) Area 4 (Neah Bay): From Cape Alava north and inside Juan de Fuca Strait to the Sekiu River.
(5) Area 5 (Sekiu and Pillar Point): From mouth of Sekiu River east to Low Point, mouth of the Lyre River.
(6) Area 6 (East Juan de Fuca Strait): From Low Point east to the Partridge Point-Point Wilson line north to the line from Trial Island (near Victoria, B.C.) - Rosario Strait Traffic Lane Entrance Lighted Buoy R (USCG Light List No. 16340, referenced as Y "R" on National Ocean Service Chart No. 18400-1 dated 1997-08-30 - Smith Island - the most northeasterly of the Lawson Reef lighted buoys (RB1 QK Fl Bell) - Northwest Island - the Initiative 77 marker on Fidalgo Island.
(7) Area 7 (San Juan Islands): All marine waters north of the line described under Area 6 to the United States-Canadian boundary.
(8)(a) Area 8 (Deception Pass, Hope and Camano Islands): Line projected from West Point on Whidbey Island to Reservation Head on Fidalgo Island east through Deception Pass, including all waters east of Whidbey Island to the Possession Point - Shipwreck Line.
(b) Area 8-1 (Deception Pass and Hope Island): East of a line projected from West Point on Whidbey Island to Reservation Head on Fidalgo Island, south of the Burlington Northern Railroad Bridge at the north end of Swinomish Slough, north of the Highway 532 Bridge between Camano Island and the mainland, and westerly of a line from the East Point Light on Whidbey Island to the Saratoga Pass Light #4 on Camano Island (Fl red 4 sec.).
(c) Area 8-2 (Port Susan and Port Gardner): East of a line from the East Point Light on Whidbey Island to the Saratoga Pass Light #2 on Camano Island (Fl red 4 sec.) and north of a line from the south tip of Possession Point 110 degrees true to a shipwreck on the opposite shore.
(9) Area 9 (Admiralty Inlet): All waters inside and south of the Partridge Point-Point Wilson Line and a line projected from the southerly tip of Possession Point 110 degrees true to a shipwreck on the opposite shore and northerly of the Hood Canal Bridge and the Apple Cove Point-Edwards Point Line.
(10) Area 10 (Seattle-Bremerton): From the Apple Cove Point-Edwards Point Line to a line projected true east-west through the northern tip of Vashon Island.
(11) Area 11 (Tacoma-Vashon Island): From the northern tip of Vashon Island to the Tacoma Narrows Bridge.
(12) Area 12 (Hood Canal): All contiguous waters south of the Hood Canal Bridge and adjacent waters north of the Hood Canal Bridge when fishing from the pontoon beneath the bridge.
(13) Area 13 (South Puget Sound): All contiguous waters south of the Tacoma Narrows Bridge.
[Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-185, filed 3/29/00, effective 5/1/00; 99-15-081 (Order 99-102), § 220-56-185, filed 7/20/99, effective 8/20/99; 99-08-029 (Order 99-13), § 220-56-185, filed 3/30/99, effective 5/1/99. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-185, filed 1/30/95, effective 5/1/95; 91-08-054 (Order 91-13), § 220-56-185, filed 4/2/91, effective 5/3/91; 89-07-060 (Order 89-12), § 220-56-185, filed 3/16/89; 88-10-013 (Order 88-15), § 220-56-185, filed 4/26/88; 85-18-026 (Order 85-111), § 220-56-185, filed 5/27/85; 85-09-017 (Order 85-20), § 220-56-185, filed 4/9/85; 80-03-064 (Order 80-12), § 220-56-185, filed 2/27/80, effective 4/1/80.]
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220-56-193
Closed season — Endangered Species Act fish classified as threatened.
(1) It is unlawful to fish for or possess any fish listed as threatened in 50 C.F.R. §17.11, pursuant to the federal Endangered Species Act, unless fishing for or possession of such fish is specifically allowed under federal or state law.
(2) Each fish possessed in violation of this section shall be treated as a separate offense.
(3) Violation of this section is punishable under RCW 77.15.380, unlawful recreational fishing in the second degree, unless such fish are taken in the amounts, place, or manner to constitute unlawful recreational fishing in the first degree, or unless such fish are designated as protected or endangered under state law.
[Statutory Authority: RCW 77.12.047. 02-13-026 (Order 02-125), § 220-56-193, filed 6/12/02, effective 7/13/02.]
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220-56-194
Closed season — Endangered Species Act fish classified as endangered.
(1) It is unlawful to fish for or possess any fish listed as endangered in 50 C.F.R. §17.11, pursuant to the federal Endangered Species Act, unless fishing for or possession of such fish is specifically allowed under federal or state law.
(2) Each fish possessed in violation of this section shall be treated as a separate offense.
(3) Violation of this section is punishable under RCW 77.15.380, unlawful recreational fishing in the second degree, unless such fish are taken in the amounts, place, or manner to constitute unlawful recreational fishing in the first degree, or unless such fish are designated as protected or endangered under state law.
[Statutory Authority: RCW 77.12.047. 02-13-026 (Order 02-125), § 220-56-194, filed 6/12/02, effective 7/13/02.]
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220-56-195
Closed areas — Saltwater salmon angling.
The following areas shall be closed to salmon angling during the times indicated:
(1) 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 thence following the shoreline to Yellow Bluff on the southwest corner of Guemes Island thence to Yellow Bluff Reef range marker thence to the ferry terminal dock east of Shannon Point and north of the Burlington Railroad Bridges at the north end of Swinomish Slough shall be closed to salmon angling July 1 through August 15.
(2) 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 July 1 through September 30.
(3) 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 May 1 through September 30 and November 1 through April 30.
(4) Samish Bay: Those waters southerly of a line projected true east from Fish Point are closed to salmon angling August 1 through October 15.
(5) Columbia River Mouth Control Zone 1: Washington waters within Control Zone 1, which Control Zone is described as an area at the Columbia River mouth bounded on the west by a line running northeast/southwest between the red lighted Buoy #4 (46°13'35" N/124°06'50" W) and the green lighted Buoy #7 (46°15'09" N/124°06'16" W); on the east by the Buoy #10 line which bears north/south at 357° true from the south jetty at 46°14'00" N/124°03'07" W to its intersection with the north jetty; on the north by a line running northeast/southwest between the green lighted Buoy #7 to the tip of the north jetty (46°14'48" N/124°05'20" W) and then along the north jetty to the point of intersection with the Buoy #10 line; and on the south by a line running northeast/southwest between the red lighted Buoy #4 and the tip of the south jetty (46°14'03" N/124°04'05" W) and then along the south jetty to the point of intersection with the Buoy #10 line 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. (continued)