Section 220-56-340. General provisions—Clams, cockles, mussels—Gear.

(1)(a) It is unlawful to take, dig for and possess clams (excluding razor clams), cockles, and mussels taken for personal use except by hand or with hand-operated forks, picks, mattocks, rakes and shovels. Violation of this subsection is an infraction, punishable under RCW 77.15.160.

(b) It is unlawful to take, dig for and possess razor clams taken for personal use except by hand, shovels or with cylindrical cans, tubes or hinged digging devices. The opening of tubes or cans must be either circular or elliptical with the circular can/tube having a minimum outside diameter of 4 inches and the elliptical can/tube having a minimum dimension of 4 inches long and 3 inches wide outside diameter. The hinged digging device when opened in a cylindrical position, must have a minimum outside diameter of 4 inches at the bottom. Violation of this subsection is an infraction, punishable under RCW 77.15.160.

(2) Any newly designed or modified digging device intended for the recreational use of razor clams must receive the specific approval of the director of fish and wildlife.

(3) In the field each digger, including holders of razor clam disability permits, must have his or her daily limit in a separate container. Violation of this subsection is an infraction, punishable under RCW 77.15.160.

(4) It is unlawful to possess shellfish taken with gear that violates the provisions of this section. Possession of shellfish while using gear in violation of the provisions of this section is a rebuttable presumption that the shellfish were taken with such gear. Possession of such shellfish is punishable under RCW 77.15.380 Unlawful recreational fishing in the second degree—Penalty, unless the shellfish are taken in the amounts or manner to constitute a violation of RCW 77.15.370 Unlawful recreational fishing in the first degree—Penalty.

[Statutory Authority: RCW 77.12.047. WSR 06-09-021 (Order 06-67), § 220-56-340, filed 4/11/06, effective 5/12/06. Statutory Authority: RCW 75.08.080. WSR 95-04-066 (Order 95-10), § 220-56-340, filed 1/30/95, effective 5/1/95; WSR 86-09-020 (Order 86-08), § 220-56-340, filed 4/9/86; WSR 82-07-047 (Order 82-19), § 220-56-340, filed 3/18/82; WSR 81-05-027 (Order 81-13), § 220-56-340, filed 2/17/81, effective 4/1/81; WSR 80-03-064 (Order 80-12), § 220-56-340, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.]

RCW 77.12.047. WSR 06-09-021 (Order 06-67), § 220-56-340, filed 4/11/06, effective 5/12/06. Statutory Authority: RCW 75.08.080. WSR 95-04-066 (Order 95-10), § 220-56-340, filed 1/30/95, effective 5/1/95; WSR 86-09-020 (Order 86-08), § 220-56-340, filed 4/9/86; WSR 82-07-047 (Order 82-19), § 220-56-340, filed 3/18/82; WSR 81-05-027 (Order 81-13), § 220-56-340, filed 2/17/81, effective 4/1/81; WSR 80-03-064 (Order 80-12), § 220-56-340, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-082.