WSR 04-05-028

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-20 -- Filed February 10, 2004, 3:53 p.m. ]

Date of Adoption: February 6, 2004.

Purpose: Amend duties of commercial fishers rule.

Citation of Existing Rules Affected by this Order: Amending WAC 220-69-241.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 04-01-135 on December 18, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

February 10, 2004

Susan Yeager

for Will Roehl, Chair

Fish and Wildlife Commission

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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