Chapter 220-356 WAC
Last Update: 10/30/17COMMERCIAL FISHERIES—FORAGE FISH
WAC Sections
| HTMLPDF | 220-356-010 | Willapa Bay—Forage fish. |
| HTMLPDF | 220-356-020 | Grays Harbor—Seasons and lawful gear—Forage fish. |
| HTMLPDF | 220-356-030 | Ocean forage fish. |
| HTMLPDF | 220-356-040 | Coastal sardine purse seine fishery—Harvest, landing, and reporting requirements—Gear. |
| HTMLPDF | 220-356-050 | Puget Sound forage fish commercial fisheries—General provisions. |
| HTMLPDF | 220-356-060 | Puget Sound herring, anchovy and smelt commercial fisheries—Drag seine. |
| HTMLPDF | 220-356-070 | Puget Sound herring and anchovy commercial fisheries—Purse seine. |
| HTMLPDF | 220-356-080 | Puget Sound herring and anchovy commercial fisheries—Dip bag net. |
| HTMLPDF | 220-356-090 | Herring, anchovy and smelt fishing—Lampara. |
| HTMLPDF | 220-356-100 | Herring, anchovy and smelt fishing—Otter trawl and gillnet. |
| HTMLPDF | 220-356-110 | Herring and anchovy—Seasons—Lawful gear—Purposes. |
| HTMLPDF | 220-356-120 | Herring, anchovy and pilchard fishing—Live boxes—Identification. |
| HTMLPDF | 220-356-130 | Herring hardship validations, qualifications and conditions—Individual or operator. |
| HTMLPDF | 220-356-140 | Herring hardship validations—Resort or marina—Owner or operator. |
| HTMLPDF | 220-356-150 | Smelt and herring for zoo food. |
| HTMLPDF | 220-356-160 | Herring reporting. |
| HTMLPDF | 220-356-170 | Spawn on kelp licenses (SOK license)—Applications. |
| HTMLPDF | 220-356-180 | Spawn on kelp license (SOK license) contract conditions. |
| HTMLPDF | 220-356-190 | Puget Sound smelt commercial fishery—Seasons. |
| HTMLPDF | 220-356-200 | Puget Sound smelt commercial fishery—Weekly periods. |
PDF220-356-010
Willapa Bay—Forage fish.
(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 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-010, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047. WSR 10-06-095 (Order 10-33), § 220-40-030, filed 3/2/10, effective 4/2/10; WSR 03-05-062 (Order 03-26), § 220-40-030, filed 2/18/03, effective 3/21/03. Statutory Authority: RCW 75.08.080. WSR 95-23-020 (Order 95-166), § 220-40-030, filed 11/8/95, effective 12/9/95; WSR 91-08-054 (Order 91-13), § 220-40-030, filed 4/2/91, effective 5/3/91; WSR 85-06-033 (Order 85-14), § 220-40-030, filed 3/1/85; WSR 84-15-008 (Order 84-66), § 220-40-030, filed 7/6/84; WSR 84-08-014 (Order 84-24), § 220-40-030, filed 3/27/84; WSR 80-09-072 (Order 80-69), § 220-40-030, filed 7/18/80; WSR 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.]
PDF220-356-020
Grays Harbor—Seasons and lawful gear—Forage fish.
(1) It is unlawful to fish for or possess anchovy, candlefish, herring, sardine, or smelt for commercial purposes in Marine Fish-Shellfish Management and Catch Reporting Area 60B 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 60B 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 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 or candlefish as provided for in this section.
(7) A baitfish lampara fishery license is required to operate lampara gear for anchovy or candlefish as provided for in this section.
(8) A smelt dip bag license is required to operate dip bag net gear for anchovy or 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 to possess anchovy, candlefish, sardine, or smelt with the use of purse seine or lampara gear at any time except January 1 through January 31, and April 16 through December 31, of any calendar year.
(11) Dip bag net gear may be used for anchovy or 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 a mesh size of less than one-half inch stretch measure.
(17) It is unlawful to fish with purse seine or lampara gear for anchovy or candlefish 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 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 sardine taken incidental to a lawful anchovy or candlefish fishery if the sardine exceeds twenty percent of the weight of the total landing.
(21) It is unlawful to retain smelt or herring taken incidental to a lawful anchovy or candlefish fishery if individual or combined weight of smelt and/or herring exceeds five percent of the weight of the total landing.
(22) A violation of subsections (20) through (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 at any time except January 1 through January 31, and April 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 or to possess herring taken for commercial purposes with lampara gear with a cork line that exceeds 1,400 feet in length and a mesh size of less than one-half inch stretch measure.
(31) It is unlawful to fish for herring 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 the 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. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
Gear
(35) It is unlawful to fish for sardine 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 the hand dip 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 with hand dip net gear for commercial purposes during weekly closed periods extending from 8:00 a.m. Thursdays to 8:00 p.m. Saturdays. 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 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-020, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047. WSR 10-06-095 (Order 10-33), § 220-36-03001, filed 3/2/10, effective 4/2/10; WSR 03-05-062 (Order 03-26), § 220-36-03001, filed 2/18/03, effective 3/21/03. Statutory Authority: RCW 75.08.080. WSR 95-23-020 (Order 95-166), § 220-36-03001, filed 11/8/95, effective 12/9/95; WSR 85-06-033 (Order 85-14), § 220-36-03001, filed 3/1/85; WSR 84-08-014 (Order 84-24), § 220-36-03001, filed 3/27/84; WSR 80-09-072 (Order 80-69), § 220-36-03001, filed 7/18/80; WSR 79-05-007 (Order 79-20), § 220-36-03001, filed 4/11/79; WSR 78-07-067 (Order 78-45), § 220-36-03001, filed 6/30/78; Order 77-14, § 220-36-030 (codified as WAC 220-36-03001), filed 4/15/77; Order 76-148, § 220-36-030 (codified as WAC 220-36-03001), filed 12/2/76; Order 1049, § 220-36-030, filed 4/11/73; Order 925, § 220-36-030, filed 6/3/71; Order 864, § 220-36-030, filed 5/12/70; Order 726, § 4 (part), filed 4/24/67; subsections 1 and 2 from Order 525, filed 5/3/61; subsection 7 from Order 605, filed 4/21/64; Orders 336 and 256, filed 3/1/60.]
PDF220-356-030
Ocean forage fish.
(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 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-030, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047. WSR 10-06-095 (Order 10-33), § 220-44-020, filed 3/2/10, effective 4/2/10; WSR 07-23-002 (Order 07-279), § 220-44-020, filed 11/7/07, effective 12/8/07; WSR 01-07-016 (Order 01-36), § 220-44-020, filed 3/13/01, effective 4/13/01. Statutory Authority: RCW 75.08.080. WSR 94-12-009 (Order 94-23), § 220-44-020, filed 5/19/94, effective 6/19/94; WSR 84-08-014 (Order 84-24), § 220-44-020, filed 3/27/84; WSR 79-06-085 (Order 79-38), § 220-44-020, filed 6/4/79; WSR 78-10-046 (Order 78-83), § 220-44-020, filed 9/20/78; WSR 78-05-067 and 78-06-002 (Order 78-20), § 220-44-020, filed 4/27/78 and 5/4/78; WSR 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.]
PDF220-356-040
Coastal sardine purse seine fishery—Harvest, landing, and reporting requirements—Gear.
(1) Licensing, harvest, and reporting requirements. It is unlawful for persons fishing under a Washington sardine purse seine fishery license or temporary annual fishery permit to fail to:
(a) Carry an observer onboard for any sardine fishing trip if requested by the department;
(b) Surrender up to five hundred sardines per vessel per trip if requested by department samplers for biological information; and
(c) Complete a department-issued logbook each month in which fishing activity occurs, and submit it to the department by the 15th day of the following month.
(2) Possession, transport, and seasons.
(a) It is unlawful to possess, transport through the waters of the state, or deliver into any Washington port, Pacific sardine (Sardinops sagax) or other coastal pelagic species taken in violation of gear requirements and other rules published in Title 50, Part 660, Subpart I of the Code of Federal Regulations (C.F.R.). These federal regulations govern commercial fishing for coastal pelagic species in the Exclusive Economic Zone off the coasts of Washington, Oregon, and California. Where the federal regulations refer to the fishery management area, that area is interpreted to include Washington state waters coterminous with the Exclusive Economic Zone. Updates to the federal regulations are published in the Federal Register. Discrepancies or errors between the C.F.R. and Federal Register will be resolved in favor of the Federal Register. This chapter incorporates the C.F.R. by reference and is based, in part, on the C.F.R. A copy of the federal rules may be obtained by contacting the department of fish and wildlife rules coordinator at 360-902-2403, or going to the U.S. Government Printing Office's GPO Access website (www.gpoaccess.gov). State regulations that are more restrictive than the federal regulations will prevail.
(b) It is unlawful to fish for or possess Pacific sardine taken with any gear from coastal waters except during the coastal sardine fishery season open to purse seine fishing each year from April 1st through December 31st.
(c) It is unlawful to take Pacific sardine in state waters except for the incidental take authorized by the coastal baitfish regulations.
(d) It is unlawful to retain any species that is taken incidental to sardine, except for anchovy, mackerel, and market squid (Logligo opalescens).
(e) It is unlawful to retain mackerel (Scombridae) or jacks (Carangidae) taken incidental to a lawful sardine fishery that in combination exceeds forty-five percent of the weight of the total landing.
(f) It is unlawful to fail to release any salmon encircled in the purse seine prior to completion of the set or to land or retain salmon on the fishing vessel.
(g) It is unlawful to transfer sardine catch from one fishing vessel to another.
(3) Landing and delivery.
(a) It is unlawful to fail to have legal purse seine gear as defined by department rule aboard a vessel making a sardine landing.
(b) It is unlawful to fail to deliver sardine landings to a processing facility located on shore.
(c) It is unlawful to land fish at more than one processing facility and to fail to offload all fish onboard the vessel once the delivery commences at the time of landing.
(d) It is unlawful to deliver more than fifteen percent cumulative weight of sardines for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products, or by-products, for purposes other than human consumption or fishing bait used during the sardine fishery season.
(4) A violation of the reporting requirements provided in this section is punishable under RCW 77.15.630 Commercial fish, shellfish harvest or delivery—Failure to report—Penalty.
(5) A violation of the gear requirements provided in this section is punishable under RCW 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty.
(6) A violation of the harvest or landing requirements provided in this section is punishable under RCW 77.15.550 Violation of a commercial fishing area or time—Penalty.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-356-040, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.020, 77.04.055, and 77.12.047. WSR 14-11-028 (Order 14-107), § 220-44-095, filed 5/13/14, effective 6/13/14. Statutory Authority: RCW 77.12.047 and 77.04.020. WSR 10-02-003 (Order 09-167), § 220-44-095, filed 12/23/09, effective 1/23/10.]
PDF220-356-050
Puget Sound forage fish commercial fisheries—General provisions.
(1) It is unlawful to fish for or possess Puget Sound forage fish taken for commercial purposes except at the times, during the seasons and using the gear provided for in this chapter.
(2) It is unlawful to fish for or possess candlefish taken for commercial purposes. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
(3) The total annual quota for the Puget Sound smelt commercial fishery may not exceed sixty thousand pounds.
(4) It is unlawful for vessel operators engaged in the commercial harvest of smelt from Puget Sound to fail to report their daily catch to the department by 2:00 p.m. the day following the harvest of smelt.
(a) Catch reports may be submitted to the department as follows:
(i) By emailing the catch report or a picture of the fish receiving ticket to smeltreport@dfw.wa.gov; or
(ii) By phone at 1- 844-611-3822.
(b) Catch reports must include the following information as it is recorded on the fish receiving ticket:
(i) Fisher name;
(ii) Wholesale fish buyer name;
(iii) Pounds of smelt landed;
(iv) Marine fish/shellfish catch area, as described in WAC 220-301-040;
(v) Date of harvest;
(vi) Date of sale;
(vii) Complete fish ticket serial number, including the first alphanumeric letter; and
(viii) If a picture of the fish receiving ticket is emailed as the daily harvest report, the date of harvest must be recorded on the bottom half of the ticket.
[Statutory Authority: RCW 77.04.090, 77.04.130, 77.15.568, 77.08.010, 77.65.510, 77.65.515, and 77.65.520. WSR 17-22-100, § 220-356-050, filed 10/30/17, effective 1/1/18. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-356-050, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, and 77.12.047. WSR 16-07-140, § 220-49-005, filed 3/22/16, effective 4/22/16. Statutory Authority: RCW 77.04.012, 77.04.013, 77.12.045, and 77.12.047. WSR 14-15-006 (Order 14-157), § 220-49-005, filed 7/2/14, effective 8/2/14. Statutory Authority: RCW 75.08.080. WSR 98-05-043, § 220-49-005, filed 2/11/98, effective 3/14/98; WSR 94-12-009 (Order 94-23), § 220-49-005, filed 5/19/94, effective 6/19/94.]
PDF220-356-060
Puget Sound herring, anchovy and smelt commercial fisheries—Drag seine.
(1) Gear requirements: It is unlawful to operate drag seine gear in the Puget Sound herring, anchovy and smelt commercial fisheries that exceeds 350 feet in length or contains meshes less than 1/2 inch stretch measure. A violation of this subsection is punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
(2) Licensing:
(a) A food fish drag seine fishery license is required to operate drag seine gear in the Puget Sound smelt and anchovy commercial fisheries and allows the operator to retain smelt and anchovy.
(b) A herring drag seine fishery license is required to operate drag seine gear in the Puget Sound herring commercial fishery and allows the operator to retain herring.
(c) Failure to obtain the required license prior to operating gear and retaining smelt, anchovy or herring is punishable under RCW 77.15.500, Commercial fishing without a license—Penalty.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-060, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.12.045, and 77.12.047. WSR 14-15-006 (Order 14-157), § 220-49-011, filed 7/2/14, effective 8/2/14. Statutory Authority: RCW 75.08.080. WSR 98-05-043, § 220-49-011, filed 2/11/98, effective 3/14/98; WSR 94-12-009 (Order 94-23), § 220-49-011, filed 5/19/94, effective 6/19/94; Order 1105, § 220-49-011, filed 12/28/73.]
PDF220-356-070
Puget Sound herring and anchovy commercial fisheries—Purse seine.
(1) Gear requirements:
(a) It is unlawful to harvest smelt using purse seine gear in Puget Sound.
(b) It is unlawful to operate purse seine gear in the Puget Sound herring and anchovy fisheries that exceeds 600 feet in length or contains meshes less than 1/2-inch stretch measure, unless otherwise authorized by permit from the director.
(2) A violation of subsection (1) of this section is punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
(3) Licensing:
(a) A baitfish purse seine fishery license is required to operate purse seine gear in the Puget Sound anchovy commercial fishery and allows the operator to retain anchovy.
(b) A herring purse seine fishery license is required to operate purse seine gear in the Puget Sound herring fishery and allows the operator to retain herring.
(c) Failure to obtain the required license prior to operating purse seine gear and retaining anchovy or herring is punishable under RCW 77.15.500, Commercial fishing without a license—Penalty.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-070, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.12.045, and 77.12.047. WSR 14-15-006 (Order 14-157), § 220-49-012, filed 7/2/14, effective 8/2/14. Statutory Authority: RCW 75.08.080. WSR 98-05-043, § 220-49-012, filed 2/11/98, effective 3/14/98; WSR 94-12-009 (Order 94-23), § 220-49-012, filed 5/19/94, effective 6/19/94; Order 76-148, § 220-49-012, filed 12/2/76; Order 1105, § 220-49-012, filed 12/28/73.]
PDF220-356-080
Puget Sound herring and anchovy commercial fisheries—Dip bag net.
(1) Gear requirements:
(a) It is unlawful to harvest smelt using dip bag net gear in Puget Sound.
(b) It is unlawful to operate dip bag net gear in the Puget Sound herring and anchovy fisheries that exceeds 18 square feet.
(c) It is unlawful to operate a dip net from a vessel under power, and it is unlawful to operate more than one dip net at one time.
(2) A violation of subsection (1) of this section is punishable under RCW 77.15.520, Commercial fishing—Unlawful gear or methods—Penalty.
(3) Licensing:
(a) An anchovy dip bag net fishery license is required to operate dip bag net gear in the Puget Sound anchovy commercial fishery and allows the operator to retain anchovy.
(b) A herring dip bag net fishery license is required to operate dip bag net gear in the Puget Sound herring commercial fishery and allows the operator to retain herring.
(c) Failure to obtain the required license prior to operating dip bag net gear and retaining anchovy or herring is punishable under RCW 77.15.500, Commercial fishing without a license—Penalty.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-080, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.12.045, and 77.12.047. WSR 14-15-006 (Order 14-157), § 220-49-013, filed 7/2/14, effective 8/2/14. Statutory Authority: RCW 77.12.047. WSR 02-08-026 (Order 02-66), § 220-49-013, filed 3/27/02, effective 4/27/02. Statutory Authority: RCW 75.08.080. WSR 98-05-043, § 220-49-013, filed 2/11/98, effective 3/14/98; WSR 94-12-009 (Order 94-23), § 220-49-013, filed 5/19/94, effective 6/19/94; Order 1105, § 220-49-013, filed 12/28/73.]
PDF220-356-090
Herring, anchovy and smelt fishing—Lampara.
(1) Lawful lampara gear in the Puget Sound herring and anchovy fisheries shall not exceed 200 feet in length or contain meshes less than 1/2-inch stretch measure. Lampara gear is not lawful gear for taking smelt in Puget Sound.
(2) Licensing:
(a) A baitfish lampara fishery license is a license required to operate the gear provided for in this section and allows the operator to retain anchovy.
(b) A herring lampara fishery license is a license required to operate the gear provided for in this section and allows the operator to retain herring.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-090, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 75.08.080. WSR 98-05-043, § 220-49-014, filed 2/11/98, effective 3/14/98; WSR 94-12-009 (Order 94-23), § 220-49-014, filed 5/19/94, effective 6/19/94; Order 77-14, § 220-49-014, filed 4/15/77; Order 1105, § 220-49-014, filed 12/28/73.]
PDF220-356-100
Herring, anchovy and smelt fishing—Otter trawl and gillnet.
(1) It is unlawful to fish for herring, anchovy or smelt using otter trawl gear or gillnet gear except as authorized by permit issued by the director.
(2) Licensing: The permit issued by the director will specify the fishery license required to operate the permit.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-100, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 75.08.080. WSR 98-05-043, § 220-49-017, filed 2/11/98, effective 3/14/98; WSR 94-12-009 (Order 94-23), § 220-49-017, filed 5/19/94, effective 6/19/94; WSR 89-14-010 (Order 89-48), § 220-49-017, filed 6/22/89; Order 1105, § 220-49-017, filed 12/28/73.]
PDF220-356-110
Herring and anchovy—Seasons—Lawful gear—Purposes.
It shall be unlawful to take, fish for or possess for commercial purposes herring or anchovy in Puget Sound except during lawful seasons, with lawful gear and for such purposes as provided for hereinafter in each respective fishing area:
(1) Area 20A.
(a) Closed September 1 through May 31 to all commercial fishing gear except for the spawn on kelp fishery as provided for in WAC 220-356-170.
(b) Closed June 1 through August 31 to all commercial fishing.
(2) It is unlawful to use purse seine gear in any Puget Sound area except 23A, 23B, 23C, 23D, and 29. Areas 23A, 23B, 23C, 23D and 29 are open to purse seine gear only during seasons set by emergency rule.
(3) All other Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas - Open entire year with drag seine, lampara, and dip bag net for human consumption or bait only except for closures set out in subsections (4), (5) and (6) of this section.
(4) The following areas are closed the entire year to all gear:
Areas 20B, 21A, 21B, 22A, 22B, 25A, and 25E.
(5) The following areas are closed from January 16 through April 15, except to dip bag net gear:
(a) Area 24A except for a year-round closure in Swinomish Channel in those waters between the bridge spanning the channel south of La Conner and a line perpendicular to the channel at the northeast end of the La Conner boat basin, 24B, and 24D.
(b) Waters of Area 25C south of a line from Tala Point to Foulweather Bluff.
(c) Area 25D.
(d) Waters of Area 26B west of a line from Point Monroe to Point Jefferson.
(e) Area 26C.
(f) Waters of Area 26D north of a line from Neill Point to Piner Point.
(g) Areas 27A, 27B and 27 C are closed year-round.
(h) Waters of Area 28A west of a line projected true north-south through Treble Point on Anderson Island, including Henderson Inlet.
(i) Waters of Area 28B west of a line projected true north from Penrose Point, including Mayo Cove and Von Geldern Cove.
(j) All contiguous waters of Area 28D north and east of a line projected from Dofflemeyer Point through Cooper Point to landfall on the west shore of Eld Inlet, including Totten Inlet, Hammersley Inlet and Oakland Bay.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-356-110, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047. WSR 04-17-098 (Order 04-218), § 220-49-020, filed 8/17/04, effective 9/17/04; WSR 01-02-058 (Order 00-263), § 220-49-020, filed 12/29/00, effective 1/29/01. Statutory Authority: RCW 75.08.080. WSR 99-17-067 (Order 99-127), § 220-49-020, filed 8/13/99, effective 9/13/99; WSR 98-05-043, § 220-49-020, filed 2/11/98, effective 3/14/98; WSR 95-23-020 (Order 95-166), § 220-49-020, filed 11/8/95, effective 12/9/95; WSR 94-12-009 (Order 94-23), § 220-49-020, filed 5/19/94, effective 6/19/94; WSR 84-08-014 (Order 84-24), § 220-49-020, filed 3/27/84; WSR 83-24-024 (Order 83-200), § 220-49-020, filed 11/30/83, effective 1/1/84; WSR 83-04-025 (Order 83-04), § 220-49-020, filed 1/27/83; WSR 79-03-014 (Order 79-11), § 220-49-020, filed 2/15/79; Order 76-148, § 220-49-020, filed 12/2/76; Order 1105, § 220-49-020, filed 12/28/73.]
PDF220-356-120
Herring, anchovy and pilchard fishing—Live boxes—Identification.
All herring, anchovy and pilchard live boxes or other devices for holding live bait shall have attached thereto the fishery license number of the owner in plainly legible letters not less than 3 inches in height, clearly visible above the waterline. In the case of licensed dealers the dealer's license number shall be displayed as described above. It shall be unlawful to fail to identify live boxes as prescribed in this section.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-120, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 75.08.080. WSR 98-05-043, § 220-49-024, filed 2/11/98, effective 3/14/98; WSR 94-12-009 (Order 94-23), § 220-49-024, filed 5/19/94, effective 6/19/94; Order 1105, § 220-49-024, filed 12/28/73.]
PDF220-356-130
Herring hardship validations, qualifications and conditions—Individual or operator.
(1) The director may validate an individual or operator to fish for herring if the individual or operator:
(a) Submits proof that he or she invested in a boat and herring fishing equipment prior to April 26, 1973; and
(b) Agrees to use any herring he or she harvests for bait only.
(2) It is unlawful to fish for herring in Puget Sound Marine Fish-Shellfish Areas 20A, 20B, 21A, and 21B from April 16 to May 31.
(3) The department will revoke permits granted under subsection (1) of this section if the individual or operator violates the above conditions.
(4) Violation of this section is a misdemeanor, punishable under RCW 77.15.750, Unlawful use of a department permit—Penalty.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-130, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.045, and 77.12.047. WSR 13-02-043 (Order 12-290), § 220-90-010, filed 12/21/12, effective 1/21/13; Order 76-148, § 220-90-010, filed 12/2/76; Order 1193, § 220-90-010, filed 3/4/75.]
PDF220-356-140
Herring hardship validations—Resort or marina—Owner or operator.
(1) The director may validate an individual owner or operator of a resort or marina to fish for herring if the owner or operator submits proof to the department in the form of a notarized affidavit that he or she is unable to purchase live, fresh, or frozen herring (dependent on need) from at least three commercial sources at a fair market price.
(2) The following conditions apply to validations granted to resort or marina owners or operators:
(a) Validations are for one calendar year only;
(b) The director may only renew a validation after receipt of a new affidavit; and
(c) Validations are nontransferable.
(3) It is unlawful to fish for herring in Puget Sound Marine Fish-Shellfish Areas 20A, 20B, 21A, and 21B from April 16 to May 31.
(4) Herring caught under this section must be sold at retail only for bait by, and at, the resort or marina the department validates to fish for herring.
(5) The department will revoke validations it grants under subsection (1) of this section if the owner or operator violates the conditions of the validation.
(6) Violation of this section is a misdemeanor, punishable under RCW 77.15.750, Unlawful use of a department permit—Penalty.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-140, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.045, and 77.12.047. WSR 13-02-043 (Order 12-290), § 220-90-015, filed 12/21/12, effective 1/21/13; Order 76-148, § 220-90-015, filed 12/2/76; Order 1193, § 220-90-015, filed 3/4/75.]
PDF220-356-150
Smelt and herring for zoo food.
(1) It is unlawful to take, fish for or possess smelt or herring for any purpose except human consumption or fishing bait, except that the director may authorize by permit the taking of smelt or herring in specified areas, quantities and times for emergency use as zoo food for animals. Application for a zoo food permit requires written certification from the zoo director that no other source of smelt or herring is available and the shortage of suitable zoo food will damage the health or well-being of zoo animals.
(2) Licensing: The permit issued by the director will specify the fishery license required to operate the permit.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-150, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 75.08.080. WSR 98-05-043, § 220-49-021, filed 2/11/98, effective 3/14/98; WSR 94-12-009 (Order 94-23), § 220-49-021, filed 5/19/94, effective 6/19/94; Order 76-148, § 220-49-021, filed 12/2/76; Order 1193, § 220-49-021, filed 3/4/75; Order 1105, § 220-49-021, filed 12/28/73.]
PDF220-356-160
Herring reporting.
(1) Herring fishers:
(a) All commercial herring fishers are required to obtain a department-issued herring reporting monthly logbook, and, pursuant to this section, enter the required information and remit the department's copies of the monthly logs.
(b) It is unlawful for the operator of the harvest vessel to fail to keep the logbook aboard the vessel while the vessel is engaged in herring fishing or has herring onboard. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.280.
(c) It is unlawful for any vessel operator engaged in herring fishing to fail to submit the department's copy of each month's log in which fishing activity occurs within ten days of the end of the month, as evidenced by the mailing date on the envelope or the fax date, except that the operator may submit all logs of monthly activity prior to the month in which fishing activity commences at one time, and, when fishing activity terminates for the year may submit the logs for the remainder of the year at one time. Harvest logs must be submitted in ascending consecutive order of log serial numbers. The logs are required to be mailed to: Department of Fish and Wildlife, Marine Resources, P.O. Box 1100, La Conner, WA 98257, or faxed to 360-466-0515. Violation of this subsection is a misdemeanor, punishable under RCW 77.15.280.
(d) Herring vessel operators responsible for submitting logs to the department must maintain the fisher's copy of all logs for one year, and have them available for inspection. It is unlawful for the vessel operator to fail to submit harvest logs for inspection upon request by fish and wildlife officers or authorized department marine fish-shellfish program employee. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.360.
(e) It is unlawful for vessel operators engaged in commercial herring fishing or possessing herring, to fail to permanently and legibly record in ink the following information within the following time constraints:
(i) Before each vessel trip, record the operator name, operator phone number, license holder name, the department issued registration number, date of fishing trip.
(ii) Immediately after the completion of each set, and prior to making a new set, record the set number, set start time, Marine Fish-Shellfish Catch Area, nearest landmark type, gear type, and weight in pounds of herring retained.
(iii) Immediately after each landing of fish, record the fish receiving ticket serial number and the names of the receivers of fish landed or pen number delivered to if the vessel operator also holds a wholesale fish buyer endorsement and is acting in the capacity of an original receiver. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.280.
(2) Herring baitfish processors:
(a) It is unlawful for original receivers who sell herring as baitfish to fail to report by January 15th of each year the total number of dozens of herring sold the previous year. The report must be made on a department supplied herring baitfish report form, and must report sales by size class. The form is required to be mailed to: Department of Fish and Wildlife, Marine Resources, P.O. Box 1100, La Conner, WA 98257, or faxed to 360-466-0515. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.280.
(b) Herring processors responsible for submitting herring baitfish report forms must maintain the processor's copy of the form for one year, and have it available for inspection. It is unlawful for the processor to fail to submit herring baitfish report forms for inspection upon request by fish and wildlife officers or authorized department marine fish-shellfish program employee. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.360.
[Statutory Authority: RCW 77.04.090, 77.04.130, 77.15.568, 77.08.010, 77.65.510, 77.65.515, and 77.65.520. WSR 17-22-100, § 220-356-160, filed 10/30/17, effective 1/1/18. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-356-160, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047. WSR 04-17-089 (Order 04-219), § 220-49-023, filed 8/16/04, effective 9/16/04. Statutory Authority: RCW 75.08.080. WSR 94-12-009 (Order 94-23), § 220-49-023, filed 5/19/94, effective 6/19/94; WSR 83-24-024 (Order 83-200), § 220-49-023, filed 11/30/83, effective 1/1/84; WSR 81-02-053 (Order 81-3), § 220-49-023, filed 1/7/81; Order 77-147, § 220-49-023, filed 12/16/77; Order 77-14, § 220-49-023, filed 4/15/77; Order 76-148, § 220-49-023, filed 12/2/76; Order 1193, § 220-49-023, filed 3/4/75; Order 1105, § 220-49-023, filed 12/28/73.]
PDF220-356-170
Spawn on kelp licenses (SOK license)—Applications.
(1) Any herring fisher holding a herring fishery license under chapter 77.65 RCW may participate in an auction for a spawn on kelp license (SOK license). Proof of current herring licensing must be presented before entering the auction. No more than one SOK license will be awarded to each herring license holder.
(2) The department shall offer SOK licenses under the following conditions:
(a) The department shall establish a minimum acceptable bid for each license.
(b) Licenses shall be offered by sealed bidding at auction. The license will be awarded to the bidder with the highest bid. In the event of tie bids, the tie breaker will be by coin toss.
(c) Each SOK license shall be auctioned separately. Each bidder for a license must submit a certified check equal to the minimum acceptable bid prior to the bidding as a down payment on the winning bid price.
(d) Bidding by proxy is allowed, provided the proxy holder has a power of attorney for the herring license holder represented.
(e) The successful bidder for a SOK license is required to sign and return to the department a copy of the SOK license within 10 days after the award of a license together with the balance of the bid amount. Failure to return the license and bid balance will invalidate the award of the license and result in forfeiture of the deposit in the amount necessary to compensate the department for any damages. In such case the license shall be offered to the other bidders in descending order of their bid amount.
(f) If the license fails to be sold as described in (c) or (e) of this subsection, the license may be offered to any person possessing a herring license who offers the largest amount within a specified time period.
(g) The department may revoke the SOK license for noncompliance with the terms of the license. In case of license revocation, the bid amount shall be retained by the department.
(3) Licensing:
(a) Herring dip bag net, herring drag seine, herring lampara and herring purse seine licenses are licenses required to operate the respective gear and retain herring for the spawn on kelp fishery.
(b) A spawn on kelp fishery license is the license issued to a successful bidder and allows the holder to participate in the spawn on kelp fishery.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-356-170, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 75.08.080. WSR 94-12-009 (Order 94-23), § 220-49-063, filed 5/19/94, effective 6/19/94; WSR 91-05-016 (Order 91-08), § 220-49-063, filed 2/8/91, effective 3/11/91. Statutory Authority: RCW 75.08.080 and 75.28.245. WSR 90-07-003 (Order 90-17), § 220-49-063, filed 3/8/90, effective 4/8/90.]
PDF220-356-180
Spawn on kelp license (SOK license) contract conditions.
(1) Spawn on kelp license (SOK license) contracts shall protect the environment, prevent waste, ensure compliance with applicable laws and regulations, and ensure faithful performance of lease terms and conditions.
(2) SOK licensees shall not sell any spawn on kelp to anyone who is not a wholesale fish buyer, except that the licensee may be a wholesale fish buyer, and, after completing a state of Washington fish receiving ticket, may sell the spawn on kelp to someone who is not a wholesale fish buyer.
(3) SOK licenses are transferable only in the case of hardship and then only to any person holding a herring fishery license except the SOK license is not transferable to a person currently holding a SOK license. The transfer shall be made on a form provided by the department, and the transferee shall be subject to the same terms and conditions of the original SOK license. For purposes of this section, hardship means death or disablement of the licensee or loss of the licensee's vessel through no fault of the licensee.
(4) Every SOK licensee may surrender the SOK license and shall be relieved of any obligation under the license except as otherwise provided. The licensee must notify the department in writing of intention to surrender the license. If operations under the license have been conducted, the licensee shall correct any adverse environmental effects caused by the operations, including but not limited to, release of any entrapped herring, removal of any herring enclosure, and placement of any herring spawn upon habitat suitable for hatch and release of herring fry. If the license is surrendered, the department will retain the amount of the bid.
(5) The SOK license shall provide for revocation for noncompliance with the terms of the license. Grounds for revocation for noncompliance shall include, but not be limited to, failure to provide catch records as required, failure to provide required data on fishing and harvesting related activities, and failure to notify the department of anticipated times of fishing and harvesting. The SOK licensee shall be notified, in writing, of noncompliance, the necessary corrective measures and the amount of time allowed to take corrective action. The licensee's remedying of the noncompliance within the specified time shall result in no revocation of the license. The licensee may appeal any cancellation under chapter 34.05 RCW.
(6) The SOK license contract shall allow the SOK licensee to conduct operations reasonably necessary for the production of spawn on kelp. Nothing in this section shall relieve the licensee of any responsibility under applicable laws or regulations.
[Statutory Authority: RCW 77.04.090, 77.04.130, 77.15.568, 77.08.010, 77.65.510, 77.65.515, and 77.65.520. WSR 17-22-100, § 220-356-180, filed 10/30/17, effective 1/1/18. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-180, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 75.08.080. WSR 94-12-009 (Order 94-23), § 220-49-064, filed 5/19/94, effective 6/19/94. Statutory Authority: RCW 75.08.080 and 75.28.245. WSR 90-07-003 (Order 90-17), § 220-49-064, filed 3/8/90, effective 4/8/90.]
PDF220-356-190
Puget Sound smelt commercial fishery—Seasons.
It is unlawful to take, fish for or possess smelt for commercial purposes in Puget Sound except during the following seasons:
(1) Areas 20A and 21A: Open July 1 through April 15.
(2) Area 22B: Open November 1 through April 15.
(3) Areas 24A, 24B, 24C, and 24D: Open July 1 through April 15.
(4) Areas 25A and 25E: Open November 1 through April 15.
(5) Areas 26B, 26C, 26D, 28B, and 28C: Open October 1 through April 15, except:
(a) Those waters within 200 feet of the shore adjacent to department property at Ross Point in Area 26C are closed to commercial smelt harvest at all times; and
(b) Those waters of Sinclair Inlet west of a line due south from the ferry dock in Bremerton are open only from 6:01 a.m. Wednesday through 9:59 p.m. Thursday of each week during the open period.
(6) Areas 27A, 27B and 27C: Closed year-round.
(7) Areas 28A and 28D: Open September 1 through April 15.
(8) All other areas not specified in this section are open year-round.
(9) A violation of this section is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-190, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.12.045, and 77.12.047. WSR 14-15-006 (Order 14-157), § 220-49-056, filed 7/2/14, effective 8/2/14. Statutory Authority: RCW 77.12.047. WSR 04-17-098 (Order 04-218), § 220-49-056, filed 8/17/04, effective 9/17/04; WSR 02-08-026 (Order 02-66), § 220-49-056, filed 3/27/02, effective 4/27/02. Statutory Authority: RCW 75.08.080. WSR 98-05-043, § 220-49-056, filed 2/11/98, effective 3/14/98; WSR 94-12-009 (Order 94-23), § 220-49-056, filed 5/19/94, effective 6/19/94; WSR 91-13-051 (Order 91-39), § 220-49-056, filed 6/14/91, effective 7/15/91; WSR 83-24-024 (Order 83-200), § 220-49-056, filed 11/30/83, effective 1/1/84; WSR 83-04-025 (Order 83-04), § 220-49-056, filed 1/27/83; Order 76-148, § 220-49-056, filed 12/2/76; Order 76-26, § 220-49-056, filed 1:45 p.m., 4/20/76; Order 1105, § 220-49-056, filed 12/28/73.]
PDF220-356-200
Puget Sound smelt commercial fishery—Weekly periods.
It is unlawful to fish for smelt for commercial purposes in Puget Sound except from 6:00 a.m. to 10:00 p.m. each day Monday through Thursday during open seasons. It is unlawful to possess smelt taken for commercial purposes during a closed time. A violation of this section is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-356-200, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.12.045, and 77.12.047. WSR 14-15-006 (Order 14-157), § 220-49-057, filed 7/2/14, effective 8/2/14. Statutory Authority: RCW 75.08.080. WSR 94-12-009 (Order 94-23), § 220-49-057, filed 5/19/94, effective 6/19/94; Order 1105, § 220-49-057, filed 12/28/73.]