17.15.050 Downstream boundary for fishing.
(a) Special regulations will apply to fishing in the lower end of the estuary. The downstream boundary shall be located as specified in an adjustment for each fishing season. Buoys or other markers will be located along the downstream boundary for net fishing. While these markers may move from time to time, the location of the downstream boundary shall be as stated in the adjustment, regardless of the position of any markers. Due to unforeseen circumstances, however, these markers may not be in place at all times. Any determination of the downstream boundary shall be at the reasonable discretion of enforcement officers. An officer may, but is not required to, notify a fisher that he or she is fishing below the downstream boundary before issuing a citation.
(b) If an anchor rope of a set net is more than 10 feet below the downstream boundary, the net will be considered to be set below the line.
(c) Fishing below the downstream boundary shall be regulated as follows, or as stated in an adjustment:
(1) Drift Net.
(A) During the commercial season, drift net fishing below the downstream boundary is prohibited.
(B) Except during the commercial season, drift net fishing below the downstream boundary is permitted with a maximum of a 30-foot throw net.
(C) Motorized vehicles, boats, jet skis, or other floating objects cannot be used to assist with setting throw nets.
(2) Dip Net.
(A) During the commercial season, dip net fishing below the downstream boundary is prohibited.
(B) Except during the commercial season ends, dip net fishing below the downstream boundary is generally permitted.
(3) Set Net. Set net fishing below the downstream boundary is prohibited. All set nets must have their entire cork line above the downstream boundary.
(4) Angling. Angling below the downstream boundary is prohibited for commercial fishing, but is permitted for subsistence fishing. There shall be no catch-and-release fishing below the downstream boundary.
(5) Net Fishing in Chute Prohibited. In accordance with subsections (c)(1)(A) and (c)(2)(A) of this section, no person shall use a drift net or dip net in the chute during the commercial season. Set nets are prohibited in the chute.
(d) A person commits a level three offense if the person violates subsections (c)(1) through (c)(3) of this section. A person commits a level two offense if the person violates subsection (c)(4) of this section. A person commits a level four offense if the person violates subsection (c)(5) of this section. A violation of each subsection shall constitute a separate offense. [Ord. 44 § 1205, adopted, 7/23/2015.]