Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-356 - Commercial fisheries-Forage fish › Section 220-356-030 - Ocean forage fish

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful
				to fish for or possess smelt, anchovy, candlefish, herring, or sardine taken
				for commercial purposes from offshore waters, except as provided for in this
				section.
General
(2) It is unlawful to fail to immediately
				return to the water, unharmed, all species of fish other than herring, anchovy,
				candlefish, shad, and sardine taken in operation of purse seine, lampara, dip
				bag net, or hand net gears.
(3) A
				violation of subsection (1) or (2) of this section is punishable under
				RCW
				77.15.550, Violation of commercial fishing
				area or time -- Penalty.
Smelt
Licensing
(4) A smelt dip bag net fishery license is
				required to operate hand net gear 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
(5) It is unlawful to take smelt for
				commercial purposes during weekly closed periods from 8:00 a.m. Friday to 8:00
				a.m. Sunday. A violation of this subsection is punishable under
				RCW
				77.15.550, Violation of commercial fishing
				area or time -- Penalty.
Gear
(6) It is unlawful to fish for or possess
				smelt taken for commercial purposes except by hand net gear not 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.
Incidental catch
(7) It is permissible to retain only anchovy
				and candlefish taken incidental to a lawful smelt fishery.
Anchovy and Candlefish
Licensing
(8) A baitfish lampara fishery license is
				required to operate the lampara gear for anchovy and candlefish as provided for
				in this section.
(9) A baitfish
				purse seine fishery license is required to operate the purse seine gear for
				anchovy and candlefish as provided for in this section.
(10) A smelt dip bag net fishery license is
				required to operate the hand dip net gear for anchovy and candlefish as
				provided for in this section.
(11)
				A violation of subsections (8) through (10) of this section is punishable under
				RCW
				77.15.500, Commercial fishing without a
				license -- Penalty.
Landing limitations
(12) 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.
(13) 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.
(14) A violation of subsection (12) or (13)
				of this section is punishable under
				RCW
				77.15.550, Violation of commercial fishing
				area or time -- Penalty.
Gear
(15) It is unlawful to take, fish for, or
				possess anchovy or candlefish taken with purse seine or lampara gear with mesh
				size less than one-half inch stretch measure.
(16) It is unlawful to fish for or possess
				candlefish or anchovy with purse seine or lampara gear if the cork line exceeds
				1,400 feet in length.
(17) It is
				unlawful to take, fish for, or possess anchovy or candlefish with dip bag net
				gear that exceeds 18 square feet.
(18) A violation of subsections (15) through
				(17) of this section is punishable under
				RCW
				77.15.520, Commercial fishing -- Unlawful
				gear or methods -- Penalty.
Incidental catch
(19) It is unlawful to retain sardine taken
				incidental to a lawful anchovy or candlefish fishery that exceeds twenty
				percent of the weight of the total landing.
(20) It is unlawful to retain herring taken
				incidental to a lawful anchovy or candlefish fishery that exceeds five percent
				of the weight of the total landing.
(21) It is permissible to retain shad
				incidental to a lawful anchovy or candlefish fishery.
(22) A violation of subsection (19) or (20)
				of this section is punishable under
				RCW
				77.15.550, Violation of commercial fishing
				area or time -- Penalty.
Herring
Licensing and permit
(23) It is unlawful to fish for or to possess
				herring taken for commercial purposes except as authorized by permit issued by
				the director. A violation of this subsection is punishable under section 14,
				chapter 333, Laws of 2009 (SHB 1778).
(24) Herring dip bag net, herring drag seine,
				herring gillnet, herring lampara, or herring purse seine are the limited entry
				licenses required for a permittee to fish for or to retain herring. A violation
				of this subsection is punishable under
				RCW
				77.15.500, Commercial fishing without a
				license -- Penalty.
Statutory Authority:
					 RCW
					 77.12.047. 10-06-095 (Order 10-33), §
											220-44-020, filed 3/2/10,
					 effective 4/2/10; 07-23-002 (Order 07-279), §
											220-44-020, filed 11/7/07,
					 effective 12/8/07; 01-07-016 (Order 01-36), §
											220-44-020, filed 3/13/01,
					 effective 4/13/01. Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23),
					 §
											220-44-020, filed 5/19/94,
					 effective 6/19/94; 84-08-014 (Order 84-24), §
											220-44-020, filed 3/27/84;
					 79-06-085 (Order 79-38), §
											220-44-020, filed 6/4/79;
					 78-10-046 (Order 78-83), §
											220-44-020, filed 9/20/78;
					 78-05-067 and 78-06-002 (Order 78-20), §
											220-44-020, filed 4/27/78 and
					 5/4/78; 78-04-039 (Order 78-11), §
											220-44-020, filed 3/20/78; Order
					 77-14, §
											220-44-020, filed 4/15/77; Order
					 1221, §
											220-44-020, filed 7/1/75; Order
					 813, §
											220-44-020, filed 5/5/69; Order
					 726, § 4 (part), filed 4/24/67; subsection 1 from Order 547, filed 7/5/62;
					 Orders 384 and 256, filed 3/1/60; subsection 2 from Orders 448 and 256, filed
					 3/1/60; subsection 3 from Orders 397 and 256, filed 3/1/60; subsections 4 and 5
					 from Orders 355 and 256, filed 3/1/60; subsection 6 from Orders 406 and 256,
					 filed 3/1/60.