Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-356 - Commercial fisheries-Forage fish › Section 220-356-010 - Willapa Bay - Forage fish

Current through Register Vol. 24-14, July 15, 2024
(1) It
				is unlawful to fish for or possess anchovy, candlefish, herring, sardine, or
				smelt taken for commercial purposes from Marine Fish-Shellfish Management and
				Catch Reporting Area 60C except as provided for in this section.
General
(2) It is unlawful to fish for or possess
				salmon or sturgeon taken with purse seine or lampara gear.
(3) It is unlawful to fish with purse seine
				or lampara gear at all times in the waters of Marine Fish-Shellfish Management
				and Catch Reporting Area 60C if any part of the purse seine or lampara is in
				waters that are less than 20 feet deep.
(4) It is unlawful to fail to immediately
				return to the water, unharmed, all species of fish other than herring, anchovy,
				candlefish, and sardine taken in the operation of purse seine, lampara, dip bag
				net, or hand net gears.
(5) A
				violation of subsections (1) through (4) of this section is punishable under
				RCW
				77.15.520, Commercial fishing -- Unlawful
				gear or methods -- Penalty; and
				RCW
				77.15.550 Violation of commercial fishing
				area or time -- Penalty.
Anchovy and candlefish
Licensing
(6) A baitfish purse seine fishery license is
				required to operate purse seine gear for anchovy and candlefish as provided for
				in this section.
(7) A baitfish
				lampara fishery license is required to operate lampara gear for anchovy and
				candlefish as provided for in this section.
(8) A smelt dip bag license is required to
				operate dip bag net gear for anchovy and candlefish as provided for in this
				section.
(9) A violation of
				subsections (6) through (8) of this section is punishable under
				RCW
				77.15.500, Commercial fishing without a
				license -- Penalty.
Fishing period
(10) It is unlawful to fish for or possess
				anchovy, candlefish, sardine, or smelt with the use of purse seine or lampara
				gear during any time, except January 1 through January 31, and March 16 through
				December 31, of any calendar year.
(11) Dip bag net gear may be used for anchovy
				and candlefish at all times.
(12) A
				violation of subsection (10) or (11) of this section is punishable under
				RCW
				77.15.550, Violation of commercial fishing
				area or time -- Penalty.
Landing limitations
(13) It is unlawful to deliver anchovy, in
				excess of fifteen percent of the total landing weight, for the purposes of
				conversion into fish flour, fishmeal, fish scrap, fertilizer, fish oil, or
				other fishery products.
(14) It is
				unlawful for any person licensed to fish under a baitfish purse seine or
				baitfish lampara license to retain, possess or deliver, to a place or port,
				regardless of catch area, anchovy in excess of 5 metric tons (11,023 pounds) in
				one day, and in excess of 10 metric tons (22,046 pounds) during any calendar
				week beginning 12:01 a.m. Sunday through 11:59 p.m. Saturday.
(15) A violation of subsection (13) or (14)
				of this section is punishable under
				RCW
				77.15.550, Violation of commercial fishing
				area or time -- Penalty.
Gear
(16) It is unlawful to fish for anchovy or
				candlefish with purse seine or lampara gear with mesh size less than one-half
				inch stretch measure.
(17) It is
				unlawful to fish with purse seine or lampara gear if the cork line exceeds 900
				feet in length, except: From June 1 through October 31, it is permissible to
				use gear in which the cork line does not exceed 1,400 feet in length.
(18) It is unlawful to fish for or possess
				anchovy or candlefish with dip bag net gear that exceeds 18 square
				feet.
(19) A violation of
				subsections (16) through (18) of this section is punishable under
				RCW
				77.15.520, Commercial fishing -- Unlawful
				gear or methods -- Penalty.
Incidental catch
(20) It is unlawful to retain sardines taken
				incidental to a lawful anchovy or candlefish fishery that exceeds twenty
				percent of the weight of the total landing.
(21) It is unlawful to retain smelt or
				herring incidental to a lawful anchovy or candlefish fishery if the individual
				or combined weight of smelt and/or herring exceeds five percent of the total
				landing.
(22) A violation of
				subsection (20) or (21) of this section is punishable under
				RCW
				77.15.550, Violation of commercial fishing
				area or time -- Penalty.
Herring
Licensing
(23) A herring/lampara limited entry license
				is required to operate lampara gear for herring as provided for in this
				section.
(24) A herring dip bag net
				limited entry license is required to operate dip bag net gear for herring as
				provided for in this section.
(25)
				A violation of subsection (23) or (24) of this section is punishable under
				RCW
				77.15.500, Commercial fishing without a
				license -- Penalty.
Fishing period
(26) It is unlawful to fish for or possess
				herring with lampara gear during any time except January 1 through January 31,
				and March 16 through December 31, of any calendar year.
(27) Dip bag net gear may be used for herring
				at all times.
(28) A violation of
				subsection (26) or (27) of this section is punishable under
				RCW
				77.15.550, Violation of commercial fishing
				area or time -- Penalty.
Incidental catch
(29) It is unlawful to retain anchovy,
				candlefish, smelt, or sardine incidental to a lawful herring fishery if the
				individual or combined weight of anchovy, candlefish, smelt, or sardine exceeds
				five percent of the total landing. A violation of this subsection is punishable
				under RCW
				77.15.550, Violation of commercial fishing
				area or time -- Penalty.
Gear
(30) It is unlawful to fish for and possess
				herring taken for commercial purposes with lampara gear with a cork line that
				exceeds 1,400 feet in length and a mesh size less than one-half inch stretch
				measure.
(31) It is unlawful to
				fish with dip bag net gear that exceeds 18 square feet.
(32) A violation of subsection (30) or (31)
				of this section is punishable under
				RCW
				77.15.520, Commercial fishing -- Unlawful
				gear or methods -- Penalty.
Sardine
Licensing
(33) A smelt dip bag net fishery license is
				required to operate dip bag net gear for sardine as provided for in this
				section. A violation of this subsection is punishable under
				RCW
				77.15.500, Commercial fishing without a
				license -- Penalty.
Fishing period
(34) Dip bag net gear may be used for sardine
				at all times.
Gear
(35) It is unlawful to fish with dip bag net
				gear that exceeds 18 square feet. A violation of this subsection is punishable
				under RCW
				77.15.520, Commercial fishing -- Unlawful
				gear or methods -- Penalty.
Smelt
Licensing
(36) A smelt dip bag net fishery license is
				required to operate dip bag net gear for smelt as provided for in this section.
				A violation of this subsection is punishable under
				RCW
				77.15.500, Commercial fishing without a
				license -- Penalty.
Fishing period
(37) It is unlawful to take smelt for
				commercial purposes during weekly closed periods extending from 8:00 a.m.
				Thursday to 8:00 p.m. Saturday. A violation of this subsection is punishable
				under RCW
				77.15.550, Violation of commercial fishing
				area or time -- Penalty.
Gear
(38) It is unlawful to take, fish for, and
				possess smelt taken with hand dip nets exceeding 72 inches maximum frame width.
				A violation of this subsection is punishable under
				RCW
				77.15.520, Commercial fishing -- Unlawful
				gear or methods -- Penalty.
Statutory Authority:
					 RCW
					 77.12.047. 10-06-095 (Order 10-33), §
											220-40-030, filed 3/2/10,
					 effective 4/2/10; 03-05-062 (Order 03-26), §
											220-40-030, filed 2/18/03,
					 effective 3/21/03. Statutory Authority: RCW 75.08.080. 95-23-020 (Order
					 95-166), §
											220-40-030, filed 11/8/95,
					 effective 12/9/95; 91-08-054 (Order 91-13), §
											220-40-030, filed 4/2/91,
					 effective 5/3/91; 85-06-033 (Order 85-14), §
											220-40-030, filed 3/1/85;
					 84-15-008 (Order 84-66), §
											220-40-030, filed 7/6/84;
					 84-08-014 (Order 84-24), §
											220-40-030, filed 3/27/84;
					 80-09-072 (Order 80-69), §
											220-40-030, filed 7/18/80;
					 79-05-007 (Order 79-20), §
											220-40-030, filed 4/11/79; Order
					 77-14, §
											220-40-030, filed 4/15/77; Order
					 76-148, §
											220-40-030, filed 12/2/76; Order
					 76-26, §
											220-40-030, filed 1:45 p.m.,
					 4/20/76; Order 925, §
											220-40-030, filed 6/3/71; Order
					 864, §
											220-40-030, filed 5/12/70; Order
					 726, § 4 (part), filed 4/24/67; subsections 1, 2, 3 from Order 679, filed
					 4/20/66; Order 638, filed 4/28/65; Order 605, filed 4/21/64; Order 569, filed
					 4/11/63; Order 544, filed 4/3/62; Order 525, filed 5/3/61; Order 507, filed
					 4/13/60; Orders 483 and 256, filed 2/1/60; subsection 4 from Order 544, filed
					 4/3/62; Order 525, filed 5/3/61; Orders 448 and 256, filed 3/1/60; subsection 5
					 from Order 544, filed 4/3/62; Orders 448 and 256, filed 3/1/60; subsections 6,
					 8, 9 from Order 525, filed 5/3/61; Orders 341 and 256, filed 3/1/60; subsection
					 7 from Orders 346 and 256, filed 3/1/60.