WSR 05-05-046

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-22 -- Filed February 14, 2005, 2:27 p.m. , effective March 17, 2005 ]


Purpose: Amend rule on landing sport caught Canadian origin fish.

Citation of Existing Rules Affected by this Order: Amending WAC 220-56-156.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 04-19-064 on September 15, 2004.

Changes Other than Editing from Proposed to Adopted Version: In title, delete "delivering" and replace with "Possession and deliver of"; after struck language "in any" insert "possess in marine waters or"; strike "delivering" and replace with "that possesses or delivers"; after "catch record" insert "card"; strike "valid"; strike "period when the"; after "shellfish" strike "or" and insert "and"; after "food fish" strike "were"; strike the new language beginning with "For purposes..." through "boat trailer" and replace with "It is unlawful to possess in marine waters or deliver to a Washington port, moorage, anchorage, or vessel launching facility any"; strike "and"; strike new language "delivered to"; strike "a Washington port"; strike new language ", moorage, anchorage, or vessel launching facility"; strike "must"; insert "unless such salmon"; strike new language "the waters of or adjacent to that"; strike "port" strike remainder of new language and replace with "the waters of the applicable department of fish and wildlife catch record card area or ports, moorages, anchorages, or vessel launching facilities within the applicable catch record card area, or unless the vessel operator has a valid Canadian customs clearance number obtained while the vessel was moored at a Canadian government dock in Ucluelet, Victoria, Sydney, White Rock, or Bedwell Harbour, British Columbia. For purposes of this section, "delivery" means transportation by a private or commercial recreational fishing vessel and delivery is complete when the vessel anchors, moors, ties to a float or pier, or is placed or attempted to be placed on a boat trailer."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.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

Date Adopted: February 4, 2005.

Susan Yeager

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-7434.5


AMENDATORY SECTION(Amending Order 92-19, filed 5/12/92, effective 6/12/92)

WAC 220-56-156   ((Landing)) Possession and delivery of Canadian origin food fish and shellfish.   It is unlawful to ((land in any)) possess in marine waters or deliver into a Washington state port, moorage, anchorage, or vessel launching facility, shellfish or food fish taken for personal use from Canadian waters unless the person ((landing)) that possesses or delivers the shellfish or food fish possesses a valid Canadian sport fishing license and catch record card, if one is required, ((valid)) for the ((period when the)) shellfish ((or)) and food fish ((were)) taken. It is unlawful to possess in marine waters or deliver to a Washington port, moorage, anchorage, or vessel launching facility any fresh salmon taken for personal use from Canadian waters ((and landed at a Washington port must)) unless such salmon meet current salmon regulations for ((that port)) the waters of the applicable department of fish and wildlife catch record card area or ports, moorages, anchorages, or vessel launching facilities within the applicable catch record card area, or unless the vessel operator has a valid Canadian customs clearance number obtained while the vessel was moored at a Canadian government dock in Ucluelet, Victoria, Sydney, White Rock, or Bedwell Harbour, British Columbia. For the purposes of this section, "delivery" means transportation by a private or commercial recreational fishing vessel and delivery is complete when the vessel anchors, moors, ties to a float or pier, or is placed or attempted to be placed on a boat trailer.

[Statutory Authority: RCW 75.08.080. 92-11-012 (Order 92-19), 220-56-156, filed 5/12/92, effective 6/12/92; 90-08-001 (Order 90-22), 220-56-156, filed 3/22/90, effective 4/22/90; 85-09-017 (Order 85-20), 220-56-156, filed 4/9/85.]

Washington State Code Reviser's Office