Geoduck Washington

Gear and unlawful acts

(1) It is criminal to take, fish for or possess geoduck clams taken for commercial purposes from any of the beds of navigable waters of the state of Washington except as provided in RCW 75.24.100 and policy of the director.

(2)(a) Only a manually operated water jet, the nozzle of which shall not exceed 5/8 inch inside diameter may be used to commercially harvest geoduck clams. Use of any other gear requires a consent from the director.

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(b) It is criminal in the commercial harvest of geoducks for through-hull fittings for water discharge hoses attached to the harvest gear to be below the surface of the water. Any through-hull fitting attached to the harvest gear which is above the surface of the water must be evident at all times.

(3) It is criminal to take or fish for geoduck clams taken for commercial purposes between one-half hour before official sunset or 7:00 p.m. whichever is earlier and 7:00 a.m. No geoduck harvest vessel may be on a geoduck tract or harvest area after 7:30 p.m. or before 6:30 a.m. It is criminal to take or fish for geoduck clams on Sundays or on state holidays as defined by the bureau of financial management. It is criminal to possess geoduck clams taken in violation of this section.

(4) It is criminal to crop geoduck clams with any instrument that penetrates the skin, neck or body of the geoduck.

(5) It is criminal to possess only the siphon or neck portion of a geoduck clam aboard a geoduck harvest vessel, excluding when a geoduck is incidentally damaged during harvest and must be reported under a department of natural resources harvest agreement.

(6) It is criminal to keep any food fish or shellfish other than geoduck clams during geoduck harvesting operations, except for horse clams (Tresus capax and Tresus nuttallii) when horse clam harvest is provided for under a department of natural resources harvest agreement.

(7) It is criminal for more than two divers from any one geoduck harvest vessel to be in the water at any one time.

(8) The next papers must be on board the geoduck harvesting vessel at all times during geoduck operations:

(a) A print of the department of natural resources geoduck harvesting agreement for the tract or area where harvesting is occurring;

(b) A map of the geoduck tract or harvest area and complete tract or harvest area boundary identification papers or photographs issued by the department of natural resources for the tract or harvest area;

(c) A geoduck diver license for each diver on board the harvest vessel or in the water; and

(d) A geoduck fishery license as described in WAC 220-52-01901.

(9) It is criminal to process geoducks on board any harvest vessel.

(10) It is criminal to take or fish for geoduck clams for commercial purposes outside the tract or harvest area designated in the department of natural resources geoduck harvesting agreement required by subsection (8)(a) of this section. It is criminal to possess geoduck clams taken in violation of this subsection.

(11) It is criminal to crop geoduck clams in areas deeper than seventy feet below mean lower low water (0.0 ft.).

(12) Holders of geoduck fishery licenses shall comply with all applicable commercial diving safety regulations adopted by the Federal Occupational Safety and Health Administration established under the Federal Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq. Some of those regulations appear at 29 C.F.R. Part 1910, Subpart T.