Section 220-315-030 - Smelt-Areas and seasons(1) It is unlawful to take, fish for or possess eulachon (Thaleichthys pacificus).(2) Fishing for smelt species other than eulachon (Thaleichthys pacificus) is permissible year-round on Pacific Ocean beaches.(3) Fishing for smelt other than eulachon (Thaleichthys pacificus) is open in all rivers, concurrent with a salmon or game fish opening, and year-round in Puget Sound, and the Strait of Juan de Fuca except:(a) Forage fish dip net is closed from 10:00 p.m. to 6:00 a.m. daily, and closed Wednesdays and Thursdays.(b) Closed year-round in Catch Record Card Area 12 for all gear types.(c) Closed year-round in Columbia River and its tributaries for all gear types.(d) Violation of this subsection is an infraction, punishable under RCW 77.15.160.(4) It is unlawful to possess smelt species taken with gear in violation of the provisions of this section. Possession of smelt species while using gear in violation of the provisions of this section is a rebuttable presumption that the smelt species were taken with such gear. Possession of such smelt species is punishable under RCW 77.15.380, Unlawful recreational fishing in the second degree-Penalty, unless the smelt species are taken in an amount or manner to constitute a violation of RCW 77.15.370, Unlawful recreational fishing in the first degree-Penalty.Wash. Admin. Code § 220-315-030
Decodified by WSR 17-05-112, Filed 2/15/2017, effective 3/18/2017. Recodified from § 220-56-270.Amended by WSR 20-04-058, Filed 1/30/2020, effective 7/1/2020Statutory Authority: RCW 77.04.020 and 77.12.047. 11-16-103 (Order 11-184), § 220-56-270, filed 8/3/11, effective 9/3/11. Statutory Authority: RCW 77.12.047. 06-09-021 (Order 06-67), § 220-56-270, filed 4/11/06, effective 5/12/06; 04-17-098 (Order 04-218), § 220-56-270, filed 8/17/04, effective 9/17/04; 02-08-048 (Order 02-53), § 220-56-270, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-08-029 (Order 99-13), § 220-56-270, filed 3/30/99, effective 5/1/99; 98-06-031, § 220-56-270, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 93-08-034 (Order 93-20), § 220-56-270, filed 3/31/93, effective 5/1/93; 80-03-064 (Order 80-12), § 220-56-270, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-070.