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(continued) f of the pot and be unimpeded by the entry tunnels, bait boxes, or any other structures or materials.
(c) Attachment of pot lid or one pot side serving as a pot lid with no more than three single loops of untreated 100 percent cotton or other natural fiber twine no larger than thread size 120 so that the pot lid or side will open freely if the twine or fiber is broken.
(6) It is unlawful to set shellfish pots in a manner that they are not covered by water at all times.
(7) June 1 through October 15 in Area 4 east of the Bonilla-Tatoosh line and Areas 5 through 13, it is unlawful to use mesh size for shrimp pots less than one-half inch except in entrance tunnels except for flexible (web) mesh pots where the opening must be a minimum of one and one-eighths inch stretch measure.
(8) It is unlawful to fish for crab using shellfish pot gear greater in volume than thirteen cubic feet.
(9) Use of gear in violation of this section is an infraction, punishable under RCW 77.15.160, except failure to use untreated cotton twine as provided for in subsection (5) of this section remains a misdemeanor punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree -- Penalty.
(10) It is unlawful to possess shellfish taken with gear in violation of the provisions of this section. Possession of shellfish while using gear in violation of the provisions of this section is a rebuttable presumption that the shellfish were taken with such gear. Violation of this subsection is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree -- Penalty, unless the 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), § 220-56-320, filed 4/11/06, effective 5/12/06; 06-05-085 (Order 06-23), § 220-56-320, filed 2/14/06, effective 5/1/06; 05-05-035 (Order 05-15), § 220-56-320, filed 2/10/05, effective 5/1/05; 03-05-057 (Order 03-24), § 220-56-320, filed 2/14/03, effective 5/1/03; 01-06-036 (Order 01-24), § 220-56-320, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-08-029 (Order 99-13), § 220-56-320, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-320, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-320, filed 3/19/97, effective 5/1/97; 94-14-069, § 220-56-320, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), § 220-56-320, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), § 220-56-320, filed 5/12/92, effective 6/12/92; 90-06-026, § 220-56-320, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-320, filed 3/16/89; 88-12-025 (Order 88-28), § 220-56-320, filed 5/25/88, effective 8/22/88; 87-09-066 (Order 87-16), § 220-56-320, filed 4/21/87; 85-09-017 (Order 85-20), § 220-56-320, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-320, filed 4/11/84; 82-07-047 (Order 82-19), § 220-56-320, filed 3/18/82; 81-05-027 (Order 81-13), § 220-56-320, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), § 220-56-320, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-088.]
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220-56-325
Shrimp — Areas and seasons.
It is unlawful to fish for or possess shrimp taken for personal use from the following areas, except as otherwise provided in this section:
(1) Discovery Bay, Port Angeles, and Port Townsend Shrimp Districts, and Marine Areas 8, 9, 10 and 11 - Open 7:00 a.m. through 3:00 p.m., beginning the first Saturday in May through May 31 and open only on Wednesday and Saturday of each week except it is lawful for divers to take shrimp by hand or hand-held device from 7:00 p.m. until midnight on any open day in May in Marine Area 8-2;
(2) Hood Canal Shrimp District - Open 9:00 a.m. through 1:00 p.m., the first Saturday in May through May 31 and open only on Wednesday and Saturday of each week;
(3) Marine Area 4 east of the Bonilla-Tatoosh line and Marine Areas 5, 6, 7 and 13, except for Shrimp Districts - Open 7:00 a.m. the first Saturday in May through May 31 and open daily except closed in Sequim Bay Shrimp District and Carr Inlet Shrimp District.
(4) Beginning June 1 through October 15 in Marine Area 4 east of the Bonilla-Tatoosh line and Areas 5 through 13, shrimp fishing is open daily except closed in Area 10 and the shrimp districts at all times. Unlawful to retain spot shrimp.
(5) Marine Areas 1 through 3 and Marine Area 4 west of the Bonilla-Tatoosh line - Open year-round.
[Statutory Authority: RCW 77.12.047. 06-05-085 (Order 06-23), § 220-56-325, filed 2/14/06, effective 5/1/06; 05-05-035 (Order 05-15), § 220-56-325, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-325, filed 3/4/04, effective 5/1/04; 03-05-057 (Order 03-24), § 220-56-325, filed 2/14/03, effective 5/1/03; 01-06-036 (Order 01-24), § 220-56-325, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-15-081 (Order 99-102), § 220-56-325, filed 7/20/99, effective 8/20/99; 98-06-031, § 220-56-325, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-325, filed 3/19/97, effective 5/1/97; 96-05-004 (Order 96-13), § 220-56-325, filed 2/9/96, effective 5/1/96; 93-08-034 (Order 93-20), § 220-56-325, filed 3/31/93, effective 5/1/93; 89-07-060 (Order 89-12), § 220-56-325, filed 3/16/89; 86-09-020 (Order 86-08), § 220-56-325, filed 4/9/86; 84-09-026 (Order 84-22), § 220-56-325, filed 4/11/84; 80-03-064 (Order 80-12), § 220-56-325, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-084.]
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220-56-326
Shrimp containers.
In the field, it is unlawful for each person harvesting shrimp to fail to use a separate container to hold his or her catch and the container must be in the harvester's presence or identified with the harvester's name. 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), § 220-56-326, filed 4/11/06, effective 5/12/06; 05-05-035 (Order 05-15), § 220-56-326, filed 2/10/05, effective 5/1/05. Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), § 220-56-326, filed 2/9/96, effective 5/1/96.]
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220-56-330
Crab — Areas and seasons.
(1) It is unlawful to fish for or possess crab taken for personal use from Puget Sound except during the following seasons:
(a) Marine Area 4 east of the Bonilla-Tatoosh line, and Areas 5 and 13 - Open 7:00 a.m., June 18 through the last day in February.
(b) Waters of Area 6, those waters of Area 7 south and west of a line projected from Village Point, Lummi Island, through the navigation buoy just east of Matia Island, thence to the buoy at Clements Reef, thence to the easternmost point of Patos Island, thence running along the northern shore of Patos Island to the westernmost point of Patos Island, thence due west to the international boundary; westerly of a straight line from the northernmost tip of Sinclair Island through Lummi Rocks to Lummi Island; and west of a line projected from the southeast point of Sinclair Island to the ferry dock at Shannon Point, and waters of Areas 8-1, 8-2, 9, 10, 11 and 12 - Open 7:00 a.m. July 1 through September 3, open only Wednesday through Saturday of each week, and open Sunday, September 4 and Monday, September 5.
(c) Those contiguous waters of Marine Area 7 north, south and east of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island, and a line that extends from the Anacortes ferry dock at Shannon Point, northward to the southeastern tip of Sinclair Island, thence from the northernmost tip of Sinclair Island through Lummi Rocks to Lummi Island (southeast Hale Pass, Bellingham Bay, Samish Bay, Padilla Bay, eastern waters of Bellingham Channel, Guemes Channel and Fidalgo Bay) - Open 7:00 a.m. July 16 through September 30, and open only Wednesday through Saturday of each week except also open Sunday, September 4 and Monday, September 5.
(d) Those waters of Marine Area 7 north and east of a line projected from Village Point, Lummi Island through the navigation buoy just east of Matia Island thence to the buoy at Clements Reef thence to the easternmost point of Patos Island, running along the northern shoreline of Patos Island and from the westernmost point of Patos Island due west to the international boundary and north of a line that extends from Point Francis on Portage Island, through the marker just north of Inati Bay on Lummi Island to Lummi Island - Open 7:00 a.m. August 17 through September 30, and open only Wednesday through Saturday of each week except also open Sunday, September 4 and Monday, September 5.
(2) It is unlawful to fish for or possess crab taken for personal use with shellfish pot gear from Marine Areas 1, 2, 3, and Area 4 west of the Bonilla-Tatoosh line except during the period December 1 through September 15. Open to gear other than shellfish pot gear year-round.
(3) The Columbia River upstream from a line projected from the outermost end of the north jetty to the exposed end of the south jetty is open to crab fishing for personal use year-round.
[Statutory Authority: RCW 77.12.047. 05-12-007 (Order 05-102), § 220-56-330, filed 5/19/05, effective 6/19/05; 05-05-035 (Order 05-15), § 220-56-330, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-330, filed 3/4/04, effective 5/1/04; 01-06-036 (Order 01-24), § 220-56-330, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-330, filed 3/29/00, effective 5/1/00; 99-08-029 (Order 99-13), § 220-56-330, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-330, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-330, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), § 220-56-330, filed 5/13/96, effective 6/13/96; 93-08-034 (Order 93-20), § 220-56-330, filed 3/31/93, effective 5/1/93; 90-06-026, § 220-56-330, filed 2/28/90, effective 3/31/90; 86-09-020 (Order 86-08), § 220-56-330, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-330, filed 4/9/85; 84-09-026 (Order 84-22), § 220-56-330, filed 4/11/84; 80-03-064 (Order 80-12), § 220-56-330, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]
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220-56-335
Crab — Unlawful acts.
(1) It is unlawful for any person to take or possess for personal use any female Dungeness crabs.
(2) It is unlawful to take or possess any male Dungeness crabs taken for personal use which measure less than the following sizes:
(a) In Puget Sound (all contiguous waters east of the Bonilla-Tatoosh Line) - 6 1/4 inch minimum size.
(b) In coastal waters west of the Bonilla-Tatoosh Line, Pacific Ocean waters except when fishing from the north jetty of the Columbia River, Grays Harbor, Willapa Bay - 6 inch minimum size.
(c) In the Columbia River upstream of a line from the outermost end of the north jetty to the exposed end of the south jetty, and when fishing from the north jetty of the Columbia River - 5 3/4 inch minimum size.
(3) It is unlawful to take or possess any red rock crabs taken for personal use that measure less than five inches.
(4) All measurement shall be made at the widest part of the shell (caliper measurement) immediately in front of the points (tips).
(5) It is unlawful to possess in the field any crab or parts thereof without retaining the back shell.
[Statutory Authority: RCW 77.12.047. 04-07-009 (Order 04-39), § 220-56-335, filed 3/4/04, effective 5/1/04; 02-08-048 (Order 02-53), § 220-56-335, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 220-56-335, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-335, filed 1/30/95, effective 5/1/95; 93-08-034 (Order 93-20), § 220-56-335, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), § 220-56-335, filed 5/12/92, effective 6/12/92; 88-10-013 (Order 88-15), § 220-56-335, filed 4/26/88; 86-09-020 (Order 86-08), § 220-56-335, filed 4/9/86; 85-07-023 (Order 85-18), § 220-56-335, filed 3/13/85; 80-03-064 (Order 80-12), § 220-56-335, filed 2/27/80, effective 4/1/80.]
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220-56-336
Crawfish — Areas and seasons.
The open season for crawfish is the first Monday in May through October 31.
[Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-336, filed 3/19/97, effective 5/1/97.]
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220-56-340
General provisions — Clams, cockles, mussels — Gear.
(1)(a) It is unlawful to take, dig for and possess clams (excluding razor clams), cockles, and mussels taken for personal use except by hand or with hand-operated forks, picks, mattocks, rakes and shovels. Violation of this subsection is an infraction, punishable under RCW 77.15.160.
(b) It is unlawful to take, dig for and possess razor clams taken for personal use except by hand, shovels or with cylindrical cans, tubes or hinged digging devices. The opening of tubes or cans must be either circular or elliptical with the circular can/tube having a minimum outside diameter of 4 inches and the elliptical can/tube having a minimum dimension of 4 inches long and 3 inches wide outside diameter. The hinged digging device when opened in a cylindrical position, must have a minimum outside diameter of 4 inches at the bottom. Violation of this subsection is an infraction, punishable under RCW 77.15.160.
(2) Any newly designed or modified digging device intended for the recreational use of razor clams must receive the specific approval of the director of fish and wildlife.
(3) In the field each digger, including holders of razor clam disability permits, must have his or her daily limit in a separate container. Violation of this subsection is an infraction, punishable under RCW 77.15.160.
(4) It is unlawful to possess shellfish taken with gear that violates the provisions of this section. Possession of shellfish while using gear in violation of the provisions of this section is a rebuttable presumption that the shellfish were taken with such gear. Possession of such shellfish is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree -- Penalty, unless the 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), § 220-56-340, filed 4/11/06, effective 5/12/06. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-340, filed 1/30/95, effective 5/1/95; 86-09-020 (Order 86-08), § 220-56-340, filed 4/9/86; 82-07-047 (Order 82-19), § 220-56-340, filed 3/18/82; 81-05-027 (Order 81-13), § 220-56-340, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), § 220-56-340, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]
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220-56-350
Clams other than razor clams, mussels — Areas and seasons.
(1) It is lawful to take, dig for and possess clams and mussels taken for personal use on Puget Sound the entire year except that public tidelands at the following beaches are closed unless otherwise provided:
(a) Ala Spit: Open May 1 through May 31.
(b) Belfair State Park: Closed the entire year.
(c) Cama Beach State Park: Closed the entire year.
(d) Camano Island State Park: Closed the entire year.
(e) Dosewallips State Park: Open May 15 through July 31 only in area defined by boundary markers and signs posted on the beach.
(f) Dungeness Spit and Dungeness National Wildlife Refuge Tidelands - Open May 15 through September 30.
(g) Eagle Creek: Closed the entire year.
(h) Fort Flagler State Park including that portion of the spit west of the park boundary (Rat Island): Open April 1 through July 15.
(i) Freeland County Park - Open January 1 through May 15.
(j) Frye Cove County Park - Open January 1 through June 15.
(k) Garrison Bay: Tidelands at Guss Island and those tidelands at British camp between the National Park Service dinghy dock at the north end and the park boundary at the south end are closed the entire year.
(l) Gertrude Island - All tidelands at Gertrude Island closed the entire year.
(m) Hoodsport: Tidelands at Hoodsport Salmon Hatchery are closed the entire year.
(n) Hope Island State Park (South Puget Sound): Open April 1 through May 31.
(o) Illahee State Park: April 1 through July 31.
(p) Kayak Point County Park: Closed the entire year.
(q) Kitsap Memorial State Park: Open May 15 through June 15.
(r) Kopachuck State Park: Open June 1 through July 31.
(s) Liberty Bay - All state-owned tidelands in Liberty Bay north and west of the Keyport Naval Supply Center are closed to the harvest of clams the entire year.
(t) McNeil Island - All tidelands on McNeil Island are closed the entire year.
(u) Mukilteo State Park - Closed the entire year.
(v) Mystery Bay State Park: Open October 1 through April 30.
(w) North Bay - All state-owned tidelands in North Bay (Case Inlet) north of a line drawn southwest from Rocky Point to the north end of Reach Island thence due west to the mainland are closed to the harvest of clams the entire year except state-owned Tidelands on the east side of North Bay north of the power transmission lines and south of the power transmission lines for 1,600 feet.
(x) Oak Bay County Park: Open July 1 through July 31.
(y) Oyster Reserves: Puget Sound and Willapa Bay state oyster reserves are closed the entire year except as follows:
(i) Case Inlet: Tidelands on the east side of North Bay at the north end of the inlet open the entire year.
(ii) North Bay: State-owned oyster reserves on the east side of North Bay north of the power transmission lines which cross the bay at the north end of Case Inlet open the entire year.
(iii) Oakland Bay: Tidelands at the north end of Oakland Bay and on the channel of the northwest shore of the Bayshore Peninsula between department markers open the entire year.
(iv) Willapa Bay - Long Island oyster reserve: Northwest side of Long Island between reserve monuments 39 and 41 and southwest side of Long Island between reserve monuments 58 and 59.
(z) Penrose Point State Park: Open March 1 through May 31.
(aa) Picnic Point County Park: Closed the entire year.
(bb) Pitship Point: Closed the entire year.
(cc) Pitt Island - All tidelands on Pitt Island are closed the entire year.
(dd) Point Whitney (excluding Point Whitney Lagoon): March 1 through July 31.
(ee) Point Whitney Lagoon: Open August 1 through August 31.
(ff) Port Townsend Ship Canal/Portage Canal: Open January 1 through May 31.
(gg) Potlatch DNR tidelands: April 1 through August 31.
(hh) Potlatch East: April 1 through August 31.
(ii) Potlatch State Park: April 1 through August 31.
(jj) Purdy Spit County Park: The southern shore of the spit from the boat ramp to the bridge is closed the entire year.
(kk) Quilcene Bay Tidelands - All state-owned tidelands in Quilcene Bay north of a line drawn from the Quilcene Boat Haven to Fisherman's Point are closed to the harvest of clams the entire year, except those state-owned tidelands on the west side of the bay north of the Quilcene Boat Haven are open April 1 through December 31, daily from official sunrise to official sunset only.
(ll) Rendsland Creek: Open January 1 through May 31.
(mm) Saltwater State Park: Closed the entire year.
(nn) Scenic Beach State Park - April 15 through May 15.
(oo) Seahurst County Park: Closed the entire year.
(pp) Sequim Bay State Park - Open May 1 through June 15.
(qq) Shine Tidelands State Park: Open January 1 through May 15.
(rr) South Indian Island County Park: April 1 through August 31.
(ss) Spencer Spit State Park: Open March 1 through July 31.
(tt) Triton Cove Tidelands: Open July 1 through August 15.
(uu) Twanoh State Park: Closed the entire year.
(vv) West Dewatto: DNR Beach 44A open January 1 through May 31.
(ww) Willapa Bay: State-owned tidelands east of the department Willapa Bay Field Station and Nahcotta Tidelands Interpretive Site are closed year-round.
(xx) Wolfe Property State Park: Open January 1 through May 15.
(2) It is lawful to take, dig for and possess clams, cockles, borers, and mussels, not including razor clams, taken for personal use in Grays Harbor and Willapa Harbor the entire year, except from state oyster reserves, which are closed to clam digging the entire year.
(3) It is lawful to take, dig for and possess clams, cockles, borers, and mussels, not including razor clams taken for personal use from the Pacific Ocean beaches from November 1 through March 31.
[Statutory Authority: RCW 77.12.047. 06-05-085 (Order 06-23), § 220-56-350, filed 2/14/06, effective 5/1/06; 05-05-035 (Order 05-15), § 220-56-350, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-350, filed 3/4/04, effective 5/1/04; 03-05-057 (Order 03-24), § 220-56-350, filed 2/14/03, effective 5/1/03; 02-17-019 (Order 02-193), § 220-56-350, filed 8/9/02, effective 9/9/02; 02-08-048 (Order 02-53), § 220-56-350, filed 3/29/02, effective 5/1/02; 01-06-036 (Order 01-24), § 220-56-350, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-350, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-350, filed 3/29/00, effective 5/1/00; 99-08-029 (Order 99-13), § 220-56-350, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-350, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-350, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), § 220-56-350, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), § 220-56-350, filed 5/31/95, effective 7/1/95; 94-14-069, § 220-56-350, filed 7/1/94, effective 8/1/94; 93-15-011, § 220-56-350, filed 7/8/93, effective 8/8/93; 93-08-034 (Order 93-20), § 220-56-350, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), § 220-56-350, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), § 220-56-350, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-350, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-350, filed 3/16/89; 88-10-013 (Order 88-15), § 220-56-350, filed 4/26/88; 87-09-066 (Order 87-16), § 220-56-350, filed 4/21/87; 86-09-020 (Order 86-08), § 220-56-350, filed 4/9/86; 85-12-046 (Order 85-57), § 220-56-350, filed 6/5/85; 83-07-043 (Order 83-16), § 220-56-350, filed 3/17/83; 81-05-027 (Order 81-13), § 220-56-350, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), § 220-56-350, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]
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220-56-355
Clams — Unlawful acts.
(1) It shall be unlawful for any person digging clams other than razor clams for personal use to fail to fill in holes created during the digging operation. Beach terrain must be returned to approximately its original condition by clam diggers before leaving the scene.
(2) It shall be unlawful to maim, injure or attempt to capture a geoduck by thrusting any instrument through its siphon or to possess only the siphon or neck portion of a geoduck.
(3) It is unlawful to possess Manila, native littleneck, cockle, or butter clams taken for personal use which measure less than 1-1/2 inches across the longest dimension of the shell except minimum size 1-1/4 inches if taken from public tidelands on the west side of Quilcene Bay north of the county boat ramp.
(4) It is unlawful to return any eastern softshells, horse clams, or geoducks to the beach or water regardless of size or condition. All such clams taken for personal use must be retained by the digger as part of the daily limit.
(5) Violation of the provisions of this section shall be an infraction, punishable under RCW 77.15.160.
[Statutory Authority: RCW 77.12.047. 02-17-019 (Order 02-193), § 220-56-355, filed 8/9/02, effective 9/9/02; 02-08-048 (Order 02-53), § 220-56-355, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-355, filed 3/19/97, effective 5/1/97; 89-07-060 (Order 89-12), § 220-56-355, filed 3/16/89; 88-10-013 (Order 88-15), § 220-56-355, filed 4/26/88; 80-03-064 (Order 80-12), § 220-56-355, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]
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220-56-360
Razor clams — Areas and seasons.
(1) It is unlawful to take, dig for or possess razor clams taken for personal use from any beaches in Razor Clam Areas 1, 2, and 3 except as provided for by emergency regulation adopted by the director.
(2) It is unlawful to dig for razor clams at any time in the Long Beach, Twin Harbors, or Copalis Beach Razor Clam Sanctuaries as defined in WAC 220-56-372.
[Statutory Authority: RCW 75.08.080. 92-11-012 (Order 92-19), § 220-56-360, filed 5/12/92, effective 6/12/92; 87-09-066 (Order 87-16), § 220-56-360, filed 4/21/87; 85-19-067 (Order 85-134), § 220-56-360, filed 9/17/85; 85-12-007 (Order 85-51), § 220-56-360, filed 5/23/85; 83-07-043 (Order 83-16), § 220-56-360, filed 3/17/83; 83-04-026 (Order 83-05), § 220-56-360, filed 1/27/83; 83-01-025 (Order 82-220), § 220-56-360, filed 12/8/82; 82-07-047 (Order 82-19), § 220-56-360, filed 3/18/82; 80-03-064 (Order 80-12), § 220-56-360, filed 2/27/80, effective 4/1/80.]
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220-56-365
Razor clams — Unlawful acts.
It is unlawful to return any razor clams to the beach or water regardless of size or condition, and all razor clams taken for personal use must be retained by the digger as a part of his or her daily limit.
[Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-365, filed 1/30/95, effective 5/1/95; 86-09-020 (Order 86-08), § 220-56-365, filed 4/9/86; 81-05-027 (Order 81-13), § 220-56-365, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), § 220-56-365, filed 2/27/80, effective 4/1/80.]
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220-56-372
Razor clam sanctuaries.
The following areas are hereby set aside for experimental purposes by the department of fisheries razor clam enhancement project. As need arises in the future, specific sections of these areas will be closed to public use.
(1) Long Beach - from a point beginning 2.7 miles north of the Oysterville approach - north for one quarter mile (1,320 feet).
(2) Twin Harbors Beach - from a line extending westward from the middle of the county line approach south for one quarter mile (1,320 feet).
(3) Copalis Beach - from a point beginning four-tenths of a mile south of the Ocean City approach (2nd Ave.) and extending south for one quarter mile (1,320 feet).
[Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-372, filed 3/29/00, effective 5/1/00. Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), § 220-56-372, filed 2/9/96, effective 5/1/96; 87-09-066 (Order 87-16), § 220-56-372, filed 4/21/87; 83-07-043 (Order 83-16), § 220-56-372, filed 3/17/83; 82-07-047 (Order 82-19), § 220-56-372, filed 3/18/82; 80-13-064 (Order 80-123), § 220-56-372, filed 9/17/80.]
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220-56-375
Oysters and scallops — Gear.
(1) It shall be lawful to take, fish for and possess oysters and scallops taken for personal use by hand or with the aid of a hand-held manually operated prying tool. It is unlawful to use a hammer, mallet or other object to strike oysters and rock scallops during the removal process. Violation of this subsection is an infraction, punishable under RCW 77.15.160.
(2) It is unlawful to possess oysters taken with gear that violates the provisions of this section. Possession of oysters while using gear in violation of the provisions of this section is a rebuttable presumption that the oysters were taken with such gear. Possession of such oysters is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree -- Penalty, unless the oysters 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), § 220-56-375, filed 4/11/06, effective 5/12/06. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-375, filed 3/19/97, effective 5/1/97; 80-03-064 (Order 80-12), § 220-56-375, filed 2/27/80, effective 4/1/80.]
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220-56-380
Oysters — Areas and seasons.
It is lawful to take and possess oysters taken for personal use from public tidelands the entire year, except that public tidelands at the following beaches are closed unless otherwise provided:
(1) Brown Point (DNR 57-B): Closed the entire year.
(2) Cushman Park - Open May 1 through May 31.
(3) Fort Flagler State Park including that portion of the spit west of the park boundary (Rat Island): Open April 1 through July 15.
(4) Frye Cove County Park: Open January 1 through June 15.
(5) Hoodsport: Tidelands at the Hoodsport Salmon Hatchery are closed the entire year.
(6) Hope Island State Park (South Puget Sound): Open April 1 through May 31.
(7) Illahee State Park: Open April 1 through July 31.
(8) Kitsap Memorial State Park: Open May 15 through July 15.
(9) Kopachuck State Park: Open March 1 through July 31.
(10) Liberty Bay - All state-owned tidelands in Liberty Bay north and west of the Keyport Naval Supply Center are closed to the harvest of oysters the entire year.
(11) Mystery Bay State Park: Open October 1 through April 30.
(12) North Bay - All state-owned tidelands in North Bay (Case Inlet) north of a line drawn southwest from Rocky Point to the north end of Reach Island thence due west to the mainland are closed to the harvest of oysters the entire year except for state-owned tidelands on the east side of North Bay north of the power transmission lines and south of the power transmission lines for 1,600 feet.
(13) Oak Bay County Park: Open July 1 through July 31.
(14) Oyster Reserves: Puget Sound and Willapa Bay oyster reserves are closed the entire year except the following are open the entire year:
(a) Oakland Bay - Tidelands at the north end of Oakland Bay and on the channel of the northwest shore of the Bayshore Peninsula between department markers - open the entire year.
(b) North Bay - State-owned reserves on the east side of North Bay north of the power transmission lines.
(c) Willapa Bay - Long Island oyster reserve: Northwest side of Long Island between reserve monuments 39 and 41 and southwest side of Long Island between reserve monuments 58 and 59.
(15) Penrose Point State Park: Open March 1 through May 31.
(16) Port Townsend Ship Canal/Portage Canal: Open January 1 through May 31.
(17) Potlatch DNR Tidelands: April 1 through August 31.
(18) Potlatch East: Open April 1 through August 31.
(19) Potlatch State Park: Open April 1 through August 31.
(20) Quilcene Bay Tidelands - All state-owned tidelands in Quilcene Bay north of a line drawn from the Quilcene Boat Haven to Fisherman's Point are closed except those state-owned tidelands on the west side of the bay north of the Quilcene Boat Haven are open April 1 through December 31, daily from official sunrise to official sunset, only.
(21) Scenic Beach State Park: Open April 15 through May 15.
(22) Shine Tidelands State Park: Open January 1 through May 15.
(23) South Indian Island County Park: April 1 through August 31.
(24) Willapa Bay: State-owned tidelands east of the department Willapa Bay Field Station and the Nahcotta Tidelands Interpretive Site are open only between boundary markers and posted signs.
(25) Wolfe Property State Park: Open January 1 through May 15.
[Statutory Authority: RCW 77.12.047. 06-05-085 (Order 06-23), § 220-56-380, filed 2/14/06, effective 5/1/06; 05-05-035 (Order 05-15), § 220-56-380, filed 2/10/05, effective 5/1/05; 04-07-009 (Order 04-39), § 220-56-380, filed 3/4/04, effective 5/1/04; 03-05-057 (Order 03-24), § 220-56-380, filed 2/14/03, effective 5/1/03; 02-08-048 (Order 02-53), § 220-56-380, filed 3/29/02, effective 5/1/02; 01-06-036 (Order 01-24), § 220-56-380, filed 3/5/01, effective 5/1/01. Statutory Authority: 2000 c 107 § 7. 00-16-091 (Order 00-134), § 220-56-380, filed 7/31/00, effective 8/31/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 220-56-380, filed 3/29/00, effective 5/1/00; 99-08-029 (Order 99-13), § 220-56-380, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-380, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 97-07-078 (Order 97-53), § 220-56-380, filed 3/19/97, effective 5/1/97; 96-11-078 (Order 96-44), § 220-56-380, filed 5/13/96, effective 6/13/96; 95-12-027 (Order 95-46), § 220-56-380, filed 5/31/95, effective 7/1/95; 94-14-069, § 220-56-380, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), § 220-56-380, filed 3/31/93, effective 5/1/93; 92-11-012 (Order 92-19), § 220-56-380, filed 5/12/92, effective 6/12/92; 91-08-054 (Order 91-13), § 220-56-380, filed 4/2/91, effective 5/3/91; 90-06-026, § 220-56-380, filed 2/28/90, effective 3/31/90; 89-07-060 (Order 89-12), § 220-56-380, filed 3/16/89; 88-10-012 and 88-10-013 (Orders 88-14 and 88-15), § 220-56-380, filed 4/26/88; 87-09-066 (Order 87-16), § 220-56-380, filed 4/21/87; 86-09-020 (Order 86-08), § 220-56-380, filed 4/9/86; 84-09-026 (Order 84-22), § 220-56-380, filed 4/11/84; 82-13-040 (Order 82-61), § 220-56-380, filed 6/9/82; 82-07-047 (Order 82-19), § 220-56-380, filed 3/18/82; 81-05-027 (Order 81-13), § 220-56-380, filed 2/17/81, effective 4/1/81; 80-03-064 (Order 80-12), § 220-56-380, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-086.]
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220-56-382
Oysters and clams on private tidelands — Personal use.
(1) WAC 220-56-340 through 220-56-355, 220-56-375 through 220-56-380 and 220-56-385 shall not apply to private tideland owners or lessees of state tidelands or immediate family members taking or possessing oysters, clams, cockles, borers and mussels for personal use from their own tidelands or leased state tidelands.
(2) This section shall not apply to razor clams.
[Statutory Authority: RCW 75.08.080. 94-14-069, § 220-56-382, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), § 220-56-382, filed 3/31/93, effective 5/1/93; 86-09-020 (Order 86-08), § 220-56-382, filed 4/9/86; 80-13-064 (Order 80-123), § 220-56-382, filed 9/17/80.]
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220-56-385
Oysters — Unlawful acts.
Oysters taken for personal use from the contiguous Puget Sound waters or beaches of the state of Washington south of a line from Tala Point to Foulweather Bluff and waters or beaches of the Pacific Ocean, Grays Harbor or Willapa Bay must be shucked before removing oysters from the intertidal zone and the shells replaced on the tidelands at the approximate tide level from which originally taken and it shall be unlawful for any person to fail to do so.
[Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 220-56-385, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 80-03-064 (Order 80-12), § 220-56-385, filed 2/27/80, effective 4/1/80.]
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220-56-390
Squid, octopus.
(1) It is lawful to take, fish for or possess squid and octopus the entire year except closed year-round in Catch Record Card Area 12.
(2) It is unlawful to take, fish for or possess squid taken for personal use with more than one line. A maximum of four squid lures may be used. If gear utilizes conventional hooks, it shall not exceed a total of nine points. Herring rakes and hand dip net gear may be used to take squid. In the field each person taking squid must use a separate container to hold their catch. Violation of this subsection is an infraction, punishable under RCW 77.15.160.
(3) It is unlawful to take octopus except by hand or by any instrument which will not penetrate or mutilate the body except that it is lawful to retain octopus taken while angling with hook and line gear. Violation of this subsection is an infraction, punishable under RCW 77.15.160.
(4) It is unlawful to possess squid or octopus taken with gear that violates the provisions of this section. Possession of squid or octopus while using gear in violation of the provisions of this section is a rebuttable presumption that the squid or octopus were taken with such gear. Possession of such squid or octopus is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree -- Penalty, unless the squid or octopus 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), § 220-56-390, filed 4/11/06, effective 5/12/06; 04-17-098 (Order 04-218), § 220-56-390, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 95-04-066 (Order 95-10), § 220-56-390, filed 1/30/95, effective 5/1/95; 94-14-069, § 220-56-390, filed 7/1/94, effective 8/1/94; 93-08-034 (Order 93-20), § 220-56-390, filed 3/31/93, effective 5/1/93; 83-07-043 (Order 83-16), § 220-56-390, filed 3/17/83; 82-07-047 (Order 82-19), § 220-56-390, filed 3/18/82; 80-03-064 (Order 80-12), § 220-56-390, filed 2/27/80, effective 4/1/80.]
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220-56-400
Abalone.
It is unlawful to fish for or possess abalone taken for personal use the entire year.
[Statutory Authority: RCW 75.08.080. 94-14-069, § 220-56-400, filed 7/1/94, effective 8/1/94; 92-11-012 (Order 92-19), § 220-56-400, filed 5/12/92, effective 6/12/92; 90-06-026, § 220-56-400, filed 2/28/90, effective 3/31/90; 86-09-020 (Order 86-08), § 220-56-400, filed 4/9/86; 85-09-017 (Order 85-20), § 220-56-400, filed 4/9/85; 80-03-064 (Order 80-12), § 220-56-400, filed 2/27/80, effective 4/1/80.]
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220-56-405
Sea urchins.
(1) It is lawful to fish for sea urchins for personal use the entire year.
(2) It shall be lawful to take, fish for and possess sea urchins for personal use with any hand-operated instrument which does not penetrate the shell.
[Statutory Authority: RCW 75.08.080. 94-14-069, § 220-56-405, filed 7/1/94, effective 8/1/94; 80-03-064 (Order 80-12), § 220-56-405, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-090.]
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220-56-410
Sea cucumbers.
(1) It is lawful to fish for sea cucumbers for personal use the entire year except closed year-round in Catch Record Card Area 12.
(2) It shall be lawful to take, fish for and possess sea cucumbers for personal use with any hand-operated instrument which does not penetrate the animal.
[Statutory Authority: RCW 77.12.047. 04-17-098 (Order 04-218), § 220-56-410, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 94-14-069, § 220-56-410, filed 7/1/94, effective 8/1/94; 80-03-064 (Order 80-12), § 220-56-410, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-090.]
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220-56-415
Goose barnacles.
It is lawful to take goose barnacles for personal use the entire year.
[Statutory Authority: RCW 75.08.080. 94-14-069, § 220-56-415, filed 7/1/94, effective 8/1/94.]
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220-56-500
Game fish seasons.
It is unlawful to fish for game fish except during open seasons or open time periods.
(1) Freshwater lakes, ponds and reservoirs: Open year round except as provided for in WAC 232-28-619.
(2) Freshwater rivers, streams and beaver ponds: Open June 1 through October 31 except as provided for in WAC 232-28-619.
(3) Saltwater (all waters downstream and seaward of the mouths of rivers and streams generally defined in WAC 220-16-245 and specifically defined in WAC 220-56-105): Open year round, except:
(a) Lake Washington Ship Canal - Those waters of Area 10 west of the Lake Washington Ship Canal to a north-south line 175 feet west of the Burlington-Northern Railroad Bridge are closed waters.
(b) Toliva Shoal - Waters within 500 yards of the Toliva Shoal buoy are closed waters from June 16 through April 30.
(c) Freshwater Bay - Waters south of a line from Angeles Point westerly to Observatory Point are closed July 1 through August 31.
(d) Tulalip Bay - Waters of Tulalip Bay east of a line from Hermosa Point to Mission Point are closed waters.
[Statutory Authority: RCW 77.12.047. 06-13-023 (Order 06-135), § 220-56-500, filed 6/13/06, effective 7/14/06.]
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220-56-510
Game fish possession limits and size limits.
It is unlawful to retain or possess game fish taken in excess of the daily, possession, or license year possession limits, or game fish that do not conform to the size limits provided for in this section, unless otherwise provided for in WAC 232-28-619.
(1) Daily game fish possession and size limits:
Species Daily limit Size limits
Bass 5 Release bass 12 to 17 inches in length. Not more than 1 bass 17 inches in length or greater may be retained.
Burbot 5 No size restriction.
Channel catfish 5 No size restriction.
Eastern brook trout Count as part of the 5 trout daily limit in lakes, ponds and reservoirs. No size restriction.
Bonus limit in rivers, streams and beaver ponds. Up to 5 trout including Eastern brook trout may be retained, but not more than 2 of which may be trout other than Eastern brook trout. No size restriction.
Grass carp Unlawful to retain. Not applicable.
Trout (except Eastern brook trout) 5 from lakes, ponds and reservoirs. No size restriction.
2 from rivers, streams, and beaver ponds. 8-inch minimum size.
The daily trout limit is 5 trout, regardless of origin, of which not more than 2 may be steelhead.
Walleye 5 16-inch minimum size. Not more than 1 walleye greater than 22 inches in length may be retained.
Whitefish 15 No size restriction.
All other game fish No limit. No size restriction.
(2) Possession limit: The game fish possession limit in the field is two daily limits in fresh, frozen or processed form.
(3) Wild steelhead and Dolly Varden/bull trout: Except as provided for in this section and WAC 232-28-619, it is unlawful to retain wild steelhead or Dolly Varden.
(4) Wild steelhead license year limit: From waters in which wild steelhead may be taken as provided for in WAC 232-28-619, the license year limit is one wild steelhead.
(5) Total steelhead license year limit: The license year limit is thirty steelhead in total.
(6) Saltwater game fish retention: Game fish taken in saltwater may not be retained, except that up to two hatchery steelhead per day may be retained.
[Statutory Authority: RCW 77.12.047. 06-13-023 (Order 06-135), § 220-56-510, filed 6/13/06, effective 7/14/06.]