WSR 04-01-135

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed December 18, 2003, 4:43 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-22-096.

Title of Rule: Duties of commercial fishers.

Purpose: To clarify duties of commercial fisheries as regards commercial food fish and shellfish transportation tickets.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Clarifies section to include reference to rules governing the transportation and inspection of catch of food fish and shellfish.

Reasons Supporting Proposal: Improves clarity of fisher duties and provides ready reference so fishers do not overlook other requirements.

Name of Agency Personnel Responsible for Drafting: Morris Barker, 1111 Washington Street, Olympia, WA, 902-2826; Implementation: Lew Atkins, 1111 Washington Street, Olympia, WA, 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, WA, 902-2373.

Name of Proponent: Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule adds a reference to another existing rule to clarify the responsibilities of the commercial fisher and fish holder that might otherwise be overlooked. The effect would result in better compliance rates for commercial fishers.

Proposal Changes the Following Existing Rules: Clarifies duties of commercial fishers transporting catch and persons holding commercial fish and shellfish.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: Transportation ticket to be retained and displayed upon request.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None required.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No costs for compliance.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No loss of sales or revenue.

5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:

a. Cost per employee;

b. Cost per hour of labor; or

c. Cost per one hundred dollars of sales.

There are no costs for compliance.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No steps taken as no costs exist.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department will involve industry members through the auspices of the Fish and Wildlife Commission's public hearing process.

8. A List of Industries That Will Be Required to Comply with the Rule: All commercial fishers and persons holding fish and shellfish for commercial fishers.

A copy of the statement may be obtained by writing to Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155.

RCW 34.05.328 does not apply to this rule adoption. Not hydraulic rules.

Hearing Location: Natural Resources Building, 1111 Washington Street, Olympia, WA, on February 6-7, 2004, begins at 8:00 a.m. February 6, 2004.

Assistance for Persons with Disabilities: Contact Susan Yeager by January 23, 2004, TDD (360) 902-2207 or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by January 30, 2003.

Date of Intended Adoption: February 6, 2003.

December 18, 2003

Evan Jacoby

Rules Coordinator

OTS-6887.1


AMENDATORY SECTION(Amending Order 03-32, filed 2/18/03, effective 3/21/03)

WAC 220-69-241   Duties of commercial fishers.   (1) Every fisher selling food fish or shellfish to the consumer, restaurant, boathouse, or other retail outlet, and every fisher who places, or attempts to place, into inter-state commerce any food fish or shellfish previously landed in this state, or caught, or harvested from the territorial waters of this state, is required to possess a valid wholesale dealer's license or a direct retail endorsement. Such fishers must immediately, completely, accurately, and legibly prepare the appropriate state of Washington fish receiving ticket in their own name for each landing or delivery of fish. The fish receiving ticket must show the total of all fish and shellfish aboard the harvesting vessel upon landing or delivery. The fisher selling at retail must complete a fish receiving ticket before offering fish or shellfish for retail sale except if food fish or shellfish are being offered for sale directly off the catcher vessel the fisher may complete the ticket with an estimated number or weight. At the completion of the retail activity, the fisher who has completed a ticket with an estimated number or weight is required to complete a corrected fish receiving ticket with the actual number and weight of fish or shellfish that were sold at retail. The price shown on the fish ticket must be the actual sale price of the fish or shellfish.

(2) Each fisher offering food fish or shellfish for retail sale must maintain a sequentially numbered receipt book, which receipt book contains a receipt duplicate copy, and must give each purchaser of salmon or crab a receipt showing the number, weight and value of food fish or shellfish sold to that purchaser. The duplicate receipts must be retained by the seller for one year.

(3) In the commercial geoduck fishery, a vessel operator so designated by the geoduck tract holder must be present at all times on each vessel commercially harvesting geoducks or having commercially harvested geoducks aboard. For each day's harvest of geoducks from each tract, the designated operator must legibly and accurately enter the following information on a fish receiving ticket before leaving the department of natural resources geoduck harvest tract:

(a) Enter in the "dealer's use" column the number of cages of geoducks harvested.

(b) Write across the top of the fish receiving ticket directly below the tear strip, the harvest vessel name, its Washington department identification number and the date.

(c) Sign the fish receiving ticket as the fisher.

(4) Commercial fishers who are neither wholesale dealers nor holders of a direct retail endorsement must complete a transportation ticket as provided for in WAC 220-69-300 when transporting commercial fish or shellfish away from the catching vessel or, for a fishery that does not require a vessel, the catch site. The transportation ticket is to remain with the fish or shellfish until a fish receiving ticket is completed, and must be presented for inspection by persons transporting, holding, or storing fish or shellfish when requested by authorized department personnel.

[Statutory Authority: RCW 77.12.047. 03-05-059 (Order 03-32), 220-69-241, filed 2/18/03, effective 3/21/03. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), 220-69-241, filed 12/20/99, effective 1/20/00. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), 220-69-241, filed 9/12/86. Statutory Authority: RCW 75.08.080. 83-24-049 (Order 83-203), 220-69-241, filed 12/2/83; 81-11-006 (Order 81-31), 220-69-241, filed 5/11/81; 81-03-032 (Order 81-6), 220-69-241, filed 1/13/81; Order 76-153, 220-69-241, filed 12/17/76.]

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