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October 2017) (Implements RCW 34.05.320) Do NOT Use for Expedited Rule Making

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October 2017) (Implements RCW 34.05.320) Do NOT Use for Expedited Rule Making CODE REVISER USE ONLY PROPOSED RULE MAKING CR-102 (October 2017) (Implements RCW 34.05.320) Do NOT use for expedited rule making Agency: Washington State Department of Fish and Wildlife (WDFW) ☒ Original Notice ☐ Supplemental Notice to WSR ☐ Continuance of WSR ☒ Preproposal Statement of Inquiry was filed as WSR 19-13-052 June 13, 2019 ; or ☐ Expedited Rule Making--Proposed notice was filed as WSR ; or ☐ Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1); or ☐ Proposal is exempt under RCW . Title of rule and other identifying information: (describe subject) The department is considering amendments to freshwater recreational gamefish rules. 220-310-070 – Statewide bait rules 220-310-090 – Game fish possession limits and size limits 220-312-010 – Freshwater exceptions to statewide rules – General rules 220-312-020 – Freshwater exceptions to statewide rules – Coast 220-312-030 – Freshwater exceptions to statewide rules – Southwest 220-312-040 – Freshwater exceptions to statewide rules – Puget Sound 220-312-050 – Freshwater exceptions to statewide rules – Eastside Hearing location(s): Date: Time: Location: (be specific) Comment: October 18-19, 2019 8:00 am Natural Resource Building, 1111 Washington St. SE, Olympia, WA 98501 Date of intended adoption: October 20, 2019 (Note: This is NOT the effective date) Submit written comments to: Name: WDFW Rules Coordinator Address: PO Box 43152 Olympia, WA 98501 Email: [email protected] Fax: 360-902-2155 Other: By (date) October 17, 2019 Assistance for persons with disabilities: Contact WDFW ADA Manager Phone: 360-902-2349 Fax: TTY: 360-902-2207 Email: [email protected] Other: By (date) October 17, 2019 Page 1 of 4 AMENDATORY SECTION (Amending WSR 18-06-045, filed 3/1/18, effective 4/1/18) WAC 220-312-010 Freshwater exceptions to statewide rules—Gener- al rules. The following provisions and definitions apply to this sec- tion through WAC 220-312-060. (1) It is unlawful to fish for, take, or possess salmon from freshwater streams and lakes that are not specifically listed as open for salmon fishing. (2) Waters listed as open during a specific date range that do not reference a particular species are open during the date range for game fish only. (3) All limits are daily limits, unless otherwise provided. (4) ((Within Puget Sound,)) Beaver ponds located within or ad- joining streams that are listed as open to trout and other game fish follow the same rules as the stream, except as otherwise provided. (5) It is permissible to retain up to two hatchery steelhead in waters where the season is open for game fish or salmon in WAC 220-312-020 through 220-312-060, unless explicitly listed as closed to hatchery steelhead in WAC 220-312-020 through 220-312-060. (6) A "float" or "bobber" means a hookless, floating device that is attached to or slides along the mainline or leader above the hook(s) for the purpose of suspending hook(s) (which are not part of the bait, lure, or fly) off the bottom of the stream or lake and visu- ally signal (from the surface of the water) a fish's strike at the hook(s). (7) "Lead jig" means a lure consisting of a hook permanently or temporarily attached directly to a lead weight by any method. (8) "Lead weight" means material constructed of lead and applied to a fishing line or lure and designed to help keep the hook, bait, or lure underwater. (9) "Unmarked salmon" means salmon without either a clipped ven- tral fin or a clipped adipose fin as evidenced by a healed scar. (10) Kokanee/sockeye definition for Lake Washington and the Lake Washington Ship Canal in King County: Kokanee and sockeye less than fifteen inches in length are considered kokanee and kokanee and sock- eye fifteen inches and over in length are considered sockeye salmon. (11)(a) A violation of this section through WAC 220-312-060 is an infraction, punishable under RCW 77.15.160, unless the person has har- vested fish. If the person has harvested fish, the violation is pun- ishable under RCW 77.15.380 Unlawful recreational fishing in the sec- ond degree—Penalty, unless the fish are taken in the amounts or man- ner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree—Penalty. (b) Freshwater terminal gear restrictions: (i) Terminal gear restrictions apply to all species, including salmon, unless otherwise provided. (ii) In all waters with freshwater terminal gear restrictions in- cluding, but not limited to, night closures, selective gear rules, whitefish gear rules, single-point barbless hooks required, fly-fish- ing only, and anti-snagging rules, violation of the gear rules is an infraction, punishable under RCW 77.15.160. (iii) It is unlawful to possess fish taken with gear in violation of the freshwater terminal gear restrictions. Possession of fish while using gear in violation of the freshwater terminal gear restrictions [ 1 ] OTS-1651.1 is a rebuttable presumption that the fish were taken with such gear. Possession of such fish is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree—Penalty, unless the fish are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree—Penalty. (12) For sturgeon fishing rules, see WAC 220-316-010 Sturgeon— Areas, seasons, limits and unlawful acts. [ 2 ] OTS-1651.1 AMENDATORY SECTION (Amending WSR 19-15-050, filed 7/12/19, effective 8/12/19) WAC 220-312-030 Freshwater exceptions to statewide rules—South- west. (1) Abernathy Creek and tributaries (Cowlitz County): (a) From 200 feet above Abernathy Falls to posted markers 500 feet downstream from the Abernathy Fish Technology Center: Closed wa- ters. (b) Open the Saturday before Memorial Day through August 31 and November 1 through March 15. (c) Selective gear rules, except: Use of barbed hooks is allowed. (d) Game fish: Statewide minimum length/daily limit, except: (i) Trout: Daily limit 2; minimum length 14 inches. (ii) Steelhead: Daily limit 3 hatchery steelhead; minimum length 20 inches. (e) Salmon: (i) Open November 1 through December 31. (ii) Limit 6; up to 2 may be adults. (iii) Only hatchery Chinook and hatchery coho may be retained. (2) Bass Lake (Skamania County): Game fish: Statewide minimum length/daily limit, except: (a) Bass: No limit and no size restriction. (b) Channel catfish: No limit. (c) Walleye: No limit and no size restriction. (3) Beaver Creek (Wahkiakum County): Closed waters. (((3))) (4) Blue Creek (Lewis County), from the mouth to Spencer Road: (a) From posted sign above rearing pond outlet to Spencer Road: Closed waters. (b) Anti-snagging rule. (c) Night closure. (d) Open Saturday before Memorial Day through April 15. (e) Game fish: Statewide minimum length/daily limit, except: (i) Trout: Daily limit 5; minimum length 8 inches. (ii) Steelhead: Daily limit 3 hatchery steelhead; minimum length 20 inches. (f) Salmon: (i) Open August 1 through December 31. (ii) Limit 6; up to 2 may be adults. (iii) Only hatchery Chinook and hatchery coho may be retained. (((4))) (5) Blue Lake (Cowlitz County): (a) Open the fourth Saturday in April through October 31. (b) Selective gear rules. (c) Release all fish. (((5))) (6) Blue Lake Creek (Lewis County): Selective gear rules. (((6))) (7) Butter Creek (Lewis County): Selective gear rules. (((7))) (8) Canyon Creek (Clark County): Game fish: Statewide minimum length/daily limit, except: Trout: Daily limit 5. (((8))) (9) Carlisle Lake (Lewis County): (a) Open the fourth Saturday in April through October 31. (b) Landlocked salmon rules. (((9))) (10) Cedar Creek and tributaries (tributary of N.F. Lewis) (Clark County): (a) From the Grist Mill Bridge to 100 feet upstream of the falls: Closed waters. [ 1 ] OTS-1652.1 (b) Selective gear rules, except: Use of barbed hooks is allowed. (c) Open the Saturday before Memorial Day through August 31 and November 1 through March 15. (d) Game fish: Statewide minimum length/daily limit, except: (i) Trout: Daily limit 2; minimum length 14 inches. (ii) Steelhead: Daily limit 3 hatchery steelhead; minimum length 20 inches. (e) Salmon: (i) Open November 1 through December 31. (ii) Limit 6; up to 2 may be adults. (iii) Only hatchery Chinook and hatchery coho may be retained. (((10))) (11) Chinook River (Pacific County): From the Highway 101 Bridge upstream: (a) Selective gear rules. (b) Game fish: Statewide minimum length/daily limit, except: Re- lease cutthroat trout and wild rainbow trout. (((11))) (12) Cispus River (Lewis County): From the mouth to the falls, not including the North Fork: (a) Open year-round, except closed to all angling within posted "Closed Waters" signs around the adult fish release site. (b) Game fish: Statewide minimum length/daily limit, except: Re- lease wild rainbow and wild cutthroat trout. (c) Salmon: (i) Limit 6; up to 2 may be adults. (ii) Only hatchery Chinook and hatchery coho may be retained. (((12))) (13) Cispus River, North Fork (Lewis County): Selective gear rules. (((13))) (14) Coal Creek (Cowlitz County): (a) From the mouth to 400 feet below the falls: (i) Open the Saturday before Memorial Day through August 31 and November 1 through March 15. (ii) Selective gear rules, except: Use of barbed hooks is al- lowed. (iii) Game fish: Statewide minimum length/daily limit, except: (A) Trout: Daily limit 2; minimum length 14 inches. (B) Steelhead: Daily limit 3 hatchery steelhead; minimum length 20 inches. (iv) Salmon: (A) Open November 1 through December 31. (B) Limit 6; up to 2 may be adults. (C) Only hatchery Chinook and hatchery coho may be retained.
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