WSR 04-13-193

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 23, 2004, 11:41 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-10-023.

     Title of Rule and Other Identifying Information: Harvest accounting reporting.

     Hearing Location(s): Embassy Suites Hotel, 20610 44th Avenue West, Lynnwood, WA, on August 6-7, 2004, begins at 8:00 a.m., August 6.

     Date of Intended Adoption: August 6, 2004.

     Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by August 4, 2004.

     Assistance for Persons with Disabilities: Contact Susan Yeager by July 26, 2004, TTY (360) 902-2207 or (360) 902-2267.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules amend catch and harvest reporting, primarily by fish buyers. WAC 220-69-210 provides and new definition for "broker," clarifies who acts as a buyer for purposes of completing fish tickets, defines "delivery," provides for game fish taken by treaty fishers to be on fish tickets, clarifies who is and who is not an original receiver, includes all federally recognized tribes for purposes of use of treaty Indian fish tickets, and clarifies who is required to have a wholesale dealer's license. These definitions are provided for clarification of reporting requirements. WAC 220-69-215 States when fish tickets are required and 220-69-220 when they are not. WAC 220-69-23402 will require aquatic farmers to report production by production site (as is currently on the report form), production unit and value per unit. This information is needed for an economic data base of statewide aquatic farm production. WAC 220-69-236 amends catch record cards to reflect that there is only one CRC, and recent legislation requires marked vs. unmarked salmon be recorded. WAC 220-69-240 is split into multiple subsections for clarification; forage fish reporting is changed to standard fish ticket reporting; 23A subareas are expanded to include 23A-C. WAC 220-69-241 requires donations that do not go through an original receiver to have a fish ticket; subsection (4) of this section is removed in favor of WAC 220-69-300. WAC 220-69-242 is made applicable to shellfish shuckers only. WAC 220-69-243 requires aquatic farmers to have production reports available for one year. WAC 220-69-250 requires coastal take home bottom fish to be on fish tickets in order to get correct accounting of coastal groundfish trip limits. WAC 220-69-280 requires dealers to maintain a copy of fish tickets for one year. WAC 220-69-300 clarifies that the transportation ticket exemption for catcher vessels applies only prior to delivery. There are numerous housekeeping changes, as well as reformatting to show the specific offense when an act is defined as unlawful. This is the standard format for enforceable rules.

     Reasons Supporting Proposal: Codification of existing practices, clarification, and increase accuracy of catch reporting.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

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

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

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, WA, (360) 902-2930; Implementation: Jim Lux, 1111 Washington Street, Olympia, WA, (360) 902-2444; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, WA, (360) 902-2373.

     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: WAC 220-69-210(1) clarifies that a broker is required to complete fish receiving tickets if the broker facilitates a direct transfer from fishers into interstate or foreign commerce, or a transaction where fish or shellfish enter the state and are placed into interstate or foreign commerce without delivery to an original receiver. This is a clarification of the duties of brokers.

     WAC 220-69-23402 requires that aquatic farmers provide both the aquatic farm registration number and the location (site) number on production reports, and report the production units and value per production unit.

     WAC 220-69-236 clarifies that there is one catch record card, and that fishers are to mark whether retained salmon are marked (hatchery) or unmarked (wild).

     WAC 220-69-240(4) will require forage fish tickets to be completed on the day the forage fish are delivered. A separate filing involves a herring log and yearly baitfish reporting.

     WAC 220-69-240 (7)(a) will require buyers to record shrimp taken from subarea 23A-C on fish tickets.

     WAC 220-69-241 will require fishers who donate fish or shellfish that have not been previously delivered to a wholesale dealer to complete fish tickets, treating the product as if it was a fisher selling at retail.

     WAC 220-69-243 will require aquatic farmers to maintain quarterly reports for one year.

     WAC 220-69-250(4) will require take home bottomfish to be recorded on fish tickets.

     WAC 220-69-280(8) will require wholesale dealers to maintain the dealer's copy of fish tickets at the usual place of business for one year after use of the tickets.

     WAC 220-69-300 (6)(g) requires a transportation ticket for product transported in the catching vessel after delivery.

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

     3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: The additional information required by these rules is minimal (site identification and production value for aquatic farmers; new shrimp management area and coastal bottomfish take-home fish on fish tickets). It is anticipated that completing the required information would take less than 15 seconds per document.

     Brokers may need to get imprinters to prepare fish receiving tickets. This is a one-time cost of $150 (single card imprinter) to $500 (double card imprinter). Fish receiving tickets are provided by the agency at no cost.

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

     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.

     Dealers are currently using fish receiving tickets, aquatic farmers are submitting production reports, and recreational fishers are using catch record cards. There is no increased cost of compliance for the changes in this proposal, only changes in the information supplied. The costs to brokers to acquire an imprinter and use department-supplied fish tickets is less than $.01/$100 in sales if the broker handles $15,000 worth of fish sales per year. The storage costs should be minimal for both retention of quarterly aquatic farm production reports (four pieces of paper per year) and fish tickets.

     6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: The rule proposals identify when a broker does not have to have a wholesale dealers license, clarify what constitutes processed fish and shellfish and are thus exempt from fish ticket reporting, and contain new sections specifically identifying when fish tickets are required and not required.

     7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: This is primarily a clarification set of proposals, and codifies existing practices in the wholesale fish business. It is being mailed to all persons who have wholesale dealer licenses or aquatic farm registration, and will be presented for public comment at a Fish and Wildlife Commission meeting on August 6-7, 2004.

     8. A List of Industries That Will Be Required to Comply with the Rule: Persons required to have a wholesale fish dealers license, registered aquatic farmers, and persons who use catch record cards.

     A copy of the statement may be obtained by contacting Evan Jacoby, 600 Capitol Way, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail jacobesj@dfw.wa.gov.

     A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

June 23, 2004

Evan Jacoby

Rules Coordinator

OTS-7261.7


AMENDATORY SECTION(Amending Order 99-221, filed 12/20/99, effective 1/20/00)

WAC 220-69-210   ((Purpose.)) Definitions.   ((The purpose of this chapter shall be to:

     (1) Describe the use of all department catch reporting forms.

     (2) Describe the duties of fisherman, sellers, deliverers, growers, purchasers, and receivers regarding catch reporting.

     (3) Describe the required information on each catch reporting form.

     (4) Describe the distribution of each copy of each catch reporting form.

     (5) Describe the use of mechanical imprinters, imprinter cards, and imprinter plates.

     (6) Describe the accountability methods for all catch reporting forms.

     (7) Ensure compliance with all orders of this chapter.)) The following definitions apply to this chapter:

     (1) "Broker" means a person whose business it is to bring a seller of fish and shellfish and a purchaser of those fish and shellfish together. A broker is not required to have a wholesale dealer's license if the fish or shellfish only transit the state of Washington, and no storage, handling, processing, or repackaging occurs within the state.

     A broker who takes physical possession of fish or shellfish is an original receiver, and is required to complete a fish receiving ticket. A broker acting strictly as an intermediary is not required to complete a fish receiving ticket for fish or shellfish that are delivered to an original receiver in the state of Washington. A broker is required to complete a fish receiving ticket for brokering an interstate or foreign sale from a Washington fisher who is not a holder of a direct retail endorsement, or a sale of fish or shellfish which have entered the state from another state, territory or country, if the fish or shellfish are placed into interstate or foreign commerce without having been delivered to an original receiver in the state of Washington.

     (2) "Buyer" means a person who receives fish or shellfish, and who is required to complete a fish receiving ticket. A wholesale dealer or a retail seller who directly receives fish or shellfish from a commercial fisher or receives fish or shellfish in interstate or foreign commerce is acting in the capacity of a buyer and is required to complete a fish receiving ticket. A buyer who is acting as an agent for a wholesale dealer is required to have a fish buyer's license.

     (3) "Department" means:

     Department of Fish and Wildlife

     Information Systems

     600 Capitol Way North

     Olympia, Washington 98501-1091

     (4) "Delivery" means arrival at a place or port, and includes arrivals from offshore waters to waters within the state, arrivals ashore from state or offshore waters, and arrivals within the state from interstate or foreign commerce.

     (5) "Fish" means food fish classified under WAC 220-12-010 and game fish taken by treaty fishers and sold commercially.

     (6) "Fisher" means a Washington-licensed commercial fisher or holder of a delivery permit.

     (7) "Fresh" means unprocessed and unfrozen, regardless of whether the fish or shellfish are in the round, cleaned, or packaged for retail sale.

     (8) "Frozen" means completely frozen throughout. Flash frozen and surface glaze frozen fish and shellfish are unfrozen fish and shellfish.

     (9) "Nontreaty" means all entities not qualified by definition as treaty.

     (10) "Original receiver" or "receiver" means the first person in possession of fish or shellfish in the state of Washington who is acting in the capacity of a buyer. A fisher who is not the holder of a direct retail endorsement and who sells fish or shellfish to anyone other than a dealer, or a fisher who delivers fish or shellfish and places the fish or shellfish into interstate or foreign commerce is the original receiver of the fish or shellfish. A cold storage facility that holds fish or shellfish for a fisher is not an original receiver, provided that the facility does not process, package, or otherwise handle the fish or shellfish. A person transporting fish or shellfish on behalf of a fisher, and who is in possession of an accurately completed commercial food fish and shellfish transportation ticket, is not an original receiver, provided the fish or shellfish are transported only to a cold storage facility or to a buyer.

     (11) "Processed" means preparing and preserving, and requires a wholesale dealer's license. Preserving includes treated with heat, including smoking and kippering. Cooked crab are processed. Preserving also includes freezing fish and shellfish.

     (12) "Shellfish" means shellfish classified under WAC 220-12-020.

     (13) "Treaty" and "treaty Indian," for purposes of fish receiving tickets only, means persons who are members of federally recognized Indian tribes that are entitled to harvest fish or shellfish under the Makah, Medicine Creek, Nez Perce, Point Elliott, Point-No-Point, Quinault, Umatilla and Walla Walla, and Yakima treaties, or persons who are members of federally recognized treaty tribes whose reservations are located within Washington state and who harvest fish or shellfish within their tribe's reservation.

     (14) "Wholesale dealer" or "dealer" means a person who takes possession or ownership of fish or shellfish and sells, barters, or exchanges or attempts to sell, barter or exchange fish or shellfish that have been landed into the state of Washington or entered the state of Washington in interstate or foreign commerce. A wholesale dealer is required to be licensed. A fisher who is not a holder of a direct retail endorsement and sells fish or shellfish to anyone other than a wholesale dealer is required to have a wholesale dealer's license. A retail seller who receives fish or shellfish in interstate or foreign commerce from a person who is not a wholesale dealer is required to have a wholesale dealer's license.

     (15) "Working day" means Monday through Friday exclusive of a Washington state or federal holiday.

[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-210, filed 12/20/99, effective 1/20/00; Order 76-153, § 220-69-210, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 85-43, filed 5/10/85)

WAC 220-69-215   ((Compliance and misrepresentation.)) When state of Washington fish receiving tickets are required.   ((It shall be unlawful for any person dealing with or possessing food fish, shellfish, or parts thereof:

     (1) To fail to completely and accurately carry out the provisions of this chapter.

     (2) To misrepresent, falsify, or omit any required entry made upon official state of Washington fish receiving ticket, sport salmon catch record, production report, or commercial food fish and shellfish transportation ticket, or to enter information that is so illegible as to be misinterpreted.

     (3) To utilize any forms other than official state of Washington fish receiving tickets, sport salmon catch record, or production report as described in this chapter for catch reporting.)) State of Washington fish receiving tickets are required for:

     (1) Fresh fish and shellfish delivered in the state of Washington, including deliveries not purchased by a dealer, which shall be recorded as weigh back or take home fish or shellfish.

     (2) Fresh fish and shellfish previously delivered in another state, territory or country, and transported into the state of Washington to an original receiver.

     (3) Frozen fish or shellfish not previously delivered in another state, territory, or country and transported into the state of Washington to an original receiver. Food fish and shellfish in this category are typically an at-sea processed product.

     (4) Purchase of fish or shellfish from a fisher who is also a dealer, if the fisher/dealer has not previously completed a fish receiving ticket.

     (5) It is unlawful to fail to complete a fish receiving ticket when one is required.

     Violation of this section is punishable under RCW 77.15.630.

[Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), § 220-69-215, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-215, filed 12/2/83; Order 76-153, § 220-69-215, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 99-221, filed 12/20/99, effective 1/20/00)

WAC 220-69-220   ((Definition of terms.)) When state of Washington fish receiving tickets are not required.   (((1) Department as referred to in this chapter means:


     Department of Fish and Wildlife

     Information Systems

     600 Capitol Way North

     Olympia, Washington 98501-1091


     (2) Dealer as referred to in this chapter means the original purchaser or receiver of food fish, shellfish, or parts thereof.

     (3) Buyer as referred to in this chapter means the person who receives food fish, shellfish, or parts thereof on behalf of a dealer whose name appears on the buyer's license.

     (4) Fisher as referred to in this chapter means the person who catches or delivers food fish, shellfish, or parts thereof.

     (5) Original receiver or receiver as referred to in this chapter means the first person in possession of food fish or shellfish in the state of Washington who is a licensed wholesale dealer or fish handler or who is acting in that capacity, after the food fish or shellfish have been caught or harvested by a commercial fisher.

     (6) Treaty as referred to in this chapter means any person, group, or activity thereof made unique by virtue of descendancy from Indian tribes signatory to treaties made with the United States government in the mid-1850's where such treaties reserved certain rights in what is now the state of Washington or waters bordering that state.

     (7) Nontreaty as used in this chapter means all entities not qualified by definition as treaty.

     (8) Treaty Indian as referred to in this chapter means an individual treaty Indian fisher.

     (9) Working day as referred to in this chapter means Monday through Friday exclusive of a Washington state or federal holiday.)) State of Washington fish receiving tickets are not required for:

     (1) Purchase or delivery of fish or shellfish from a wholesale dealer or holder of a direct retail endorsement, provided the dealer or holder has previously prepared a fish receiving ticket. For such purchase or delivery, it is unlawful for the person taking possession of the fish or shellfish to fail to obtain the name, address, dealer number, or direct retail endorsement number, together with sales receipt documents sufficient to show the quantity of fish or shellfish and date of transaction, and retain this information with the fish or shellfish.

     (a) Violation of this subsection by a wholesale dealer is a gross misdemeanor, punishable under RCW 77.15.640.

     (b) Violation of this subsection by a retail fish seller is a misdemeanor, punishable under RCW 77.15.568.

     (2) Fresh or frozen fish or shellfish that are in transit through the state of Washington, if no storage, handling, processing, or repackaging occurs within the state.

     (3) Private sector cultured aquatic products.

     (4) Processed fish or shellfish except frozen fish or shellfish not previously delivered in another state, territory or country.

     (5) Any importation of fish that are not classified food fish under WAC 220-12-010 or importation of shellfish that are not classified shellfish under WAC 220-12-020.

[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-220, filed 12/20/99, effective 1/20/00; 94-01-001, § 220-69-220, filed 12/1/93, effective 1/1/94; 90-03-068 (Order 90-05), § 220-69-220, filed 1/19/90, effective 2/19/90. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-220, filed 9/12/86. Statutory Authority: RCW 75.08.080. 83-24-049 (Order 83-203), § 220-69-220, filed 12/2/83; 78-03-031 (Order 78-7), § 220-69-220, filed 2/17/78; Order 76-153, § 220-69-220, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 99-221, filed 12/20/99, effective 1/20/00)

WAC 220-69-23402   Description of aquatic farm production report.   (1) There is hereby created an aquaculture production report form to be prepared, printed and distributed on request by the department. The aquatic farmer shall provide the following information:

     (a) Firm name: Name of aquaculture firm and telephone number.

     (b) Firm address: Address of aquaculture firm.

     (c) Aquatic farm ((registration)) numbers: Department assigned ((dealer)) aquatic farm registration number and location number.

     (d) Species: Common name of species grown at aquatic farm site.

     (e) Quantity harvested for sale: Quantity, in production units, of each species harvested for sale ((each month)). The production may be shown in pounds, dozens, gallons, bushels or bags.

     (f) Unit value: Value per production unit.

     (g) Signature: Signature of firm executive or authorized representative and date signed.

     (2) The aquaculture production report shall be used for ((monthly)) reporting of aquaculture production as specified in WAC 220-69-243.

[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-23402, filed 12/20/99, effective 1/20/00. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-23402, filed 9/12/86. Statutory Authority: RCW 75.08.080. 81-03-032 (Order 81-6), § 220-69-23402, filed 1/13/81.]


AMENDATORY SECTION(Amending Order 00-80, filed 5/24/00, effective 6/24/00)

WAC 220-69-236   Description of catch record cards and required information.   (1) The department shall prepare and distribute a catch record card((s)) for the following:

     (a) Anadromous salmon (salmon);

     (b) Dungeness crab;

     (c) Halibut taken from catch record card areas 5 through 13;

     (d) Steelhead;

     (e) Sturgeon taken from the Columbia River, Grays Harbor, and Willapa Bay (including sturgeon taken from any tributary).

     (2) Each catch record card shall contain space for the following information, which must be recorded prior to the catch record card being separated from the underlying copy of the catch record card:

     (a) Name of fisher;

     (b) Home address;

     (c) City, state, and zip code;

     (d) Date of issuance;

     (e) Or, for automated licenses, the catch record card shall contain space for the appropriate validation sticker.

     (3) Each ((halibut, salmon, steelhead, and sturgeon)) catch record card shall contain space for the following information:

     (a) Month of catch;

     (b) Day of catch;

     (c) Catch record card area, river code, or stream: Location of catch((.));

     (((4) Each salmon and sturgeon catch record card shall contain space for)) (d) A species code((.)) for salmon and sturgeon and a marked or unmarked space for salmon;

     (((5) Each halibut catch record card shall contain)) (e) A space for designating the type of vessel from which ((the)) halibut was taken, either charter (c) or personal/kicker (k) boat((.));

     (((6) Each sturgeon catch record card shall contain)) (f) A space for the length of ((fish.)) sturgeon;

     (((7) Each)) (g) For Dungeness crab ((catch record card shall contain space for the following information)):

     (((a) Month of catch;

     (b) Date of catch;

     (c) Catch record card area;

     (d))) (i) The type of crab fishery as described on the Dungeness crab catch record card;

     (((e))) (ii) The total crab retained by fishery type;

     (((f))) (iii) A tally mark for each crab retained.

[Statutory Authority: RCW 77.32.050. 00-11-178 (Order 00-80), § 220-69-236, filed 5/24/00, effective 6/24/00. Statutory Authority: RCW 75.08.080 and 77.12.040. 99-17-066 (Order 99-125), § 220-69-236, filed 8/13/99, effective 4/1/00.]


AMENDATORY SECTION(Amending Order 03-188, filed 8/8/03, effective 9/8/03)

WAC 220-69-240   Duties of commercial purchasers and receivers.   (1) ((Every)) It is unlawful for any person originally receiving ((or purchasing)) fresh or iced ((food)) fish or shellfish ((or parts thereof,)) or frozen ((food)) fish or shellfish ((or parts thereof)) that have not been previously ((landed)) delivered in another state, territory, or country ((from fishers, firms, or individuals)), except purchases or receipts made by individuals or consumers at retail, ((is required)) to fail to be a licensed wholesale fish dealer or fish buyer, and ((must)) to fail to immediately, completely, accurately, and legibly prepare the appropriate state of Washington fish receiving ticket regarding each and every purchase or receipt of such commodities. ((Except, preparation of a fish receiving ticket is not required for fish or shellfish purchased from a fisher who holds either a wholesale dealer's license or a direct retail endorsement and who has previously completed a fish receiving ticket because product was offered for sale to someone other than a licensed wholesale dealer. Purchases from such persons by wholesale fish dealers must be documented by sales receipts or invoices, and the product received must be maintained separately until the product is resold or processed.)) Each delivery must be recorded on a separate fish receiving ticket.

     It is unlawful for any original receiver of crab to fail to record all crab aboard the vessel making the delivery to the original receiver. The poundage of any fish or shellfish deemed to be unmarketable, discards, or weighbacks must be shown on the fish receiving ticket and identified as such, but a zero dollar value may be entered for such fish or shellfish.

     (a) Failure to be licensed under this subsection is punishable under RCW 77.15.620.

     (b) Failure to prepare a fish receiving ticket under this subsection in punishable under RCW 77.15.630.

     (2) Any employee of a licensed wholesale dealer who has authorization to receive or purchase fish or shellfish for that dealer on the premises of the primary business address or any of its branch plant locations shall be authorized to initiate and sign fish receiving tickets on behalf of his employer. The business or firm shall be responsible for the accuracy and legibility of all such documents initiated in its name. ((Each delivery must be recorded on a separate state of Washington fish receiving ticket.))

     (3) ((State of Washington fish receiving tickets are required for:

     (a) Fresh food fish and shellfish landed in the state of Washington including fish or shellfish not purchased, which fish shall be recorded as weigh back or take home fish or shellfish.

     (b) Fresh food fish and shellfish previously landed in another state, territory, or country and shipped or transported into the state of Washington to an original receiver.

     (c) Frozen food fish or shellfish not previously landed in another state, territory, or country and shipped or transported into the state of Washington to an original receiver.

     (4) State of Washington fish receiving tickets are not required for:

     (a) Purchases or receipts from any person possessing a valid Washington wholesale dealer's license or direct retail endorsement except that a wholesale dealer purchasing fish from a commercial fisher shall complete the appropriate fish receiving ticket if the fisher has not previously completed a fish receiving ticket. It is the purchaser's responsibility to obtain the name, address, and Washington wholesale dealer's license or direct retail endorsement number, together with such sales receipt documents or information as may be required, to show the deliverer's name, quantity of fish, and date of the transaction and retain these with the food fish or shellfish.

     (b) Fresh or frozen food fish or shellfish that are in transit through the state of Washington, if no storage, handling, processing, or repackaging occurs within the state.

     (c) Private sector cultured aquatic products.

     (d) Processed fish or shellfish.

     (5) Fishers, fisher-wholesalers, and wholesalers shall determine the weight of baitfish contained in an average and normal brail and multiply the number of such brailers of baitfish by this weight factor and report such baitfish in both dozens and total weight: Provided, That it is lawful for such fishers, fisher-wholesalers, and wholesalers, when receiving herring, candlefish, anchovy, or pilchards for bait purposes, to delay completing that portion of the fish receiving ticket which indicates number of herring received, only if the herring, candlefish, anchovy, or pilchards are sold individually or counted as dozens. Such counts must be entered on the fish tickets immediately.)) It is unlawful for the original receiver to fail to initiate the completion of the fish receiving ticket upon receipt of any portion of a commercial catch. Should the delivery of the catch take more than one day, the date that the delivery is completed is required to be entered on the fish receiving ticket as the date of delivery. If, for any reason, the delivery vessel leaves the delivery site, the original receiver must immediately enter the current date on the fish receiving ticket. Violation of this subsection is punishable under RCW 77.15.630.

     (4) Forage fish: It is unlawful for any person receiving forage fish to fail to report the forage fish on fish receiving tickets that are initiated and completed on the day the forage fish are delivered. Herring are also required to be reported on herring harvest logs. The harvested amount of forage fish is to be entered upon the fish ticket when the forage fish are off-loaded from the catcher vessel. An estimate of herring, candlefish, anchovy, or pilchards caught but not sold due to mortality must be included on the fish ticket as "loss estimate."

     (((6) It is lawful for an original receiver, when receiving purse seine-caught herring taken from Areas 20A, 20B, 21A, and 21B during the period April 16 through May 31, to delay completing that portion of the fish receiving ticket which indicates the weight of herring received only until the herring are off-loaded from the original receiver's vessel. The herring must then be weighed and the weight immediately entered in the appropriate space on the ticket. A separate state of Washington fish receiving ticket must be initiated at the time of each individual receipt of herring from the purse seine catching vessel.

     (7) The original receiver of herring taken from Puget Sound Marine Fish-Shellfish Catch Areas 20A, 20B, 21A, and 21B, during the period April 16 through May 31 must report each calendar day's receipts by noon of the following day to the Department of Fish and Wildlife, LaConner, Washington; telephone 360-466-4345 ext. 243.

     (8))) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

     (5) Geoduck: It is unlawful for any person receiving ((or purchasing)) geoducks ((from fishers, firms, or individuals)), regardless of whether or not the ((purchaser or)) receiver holds a license as required under Title 77 RCW, to fail to accurately and legibly complete the fish receiving ticket initiated on the harvest tract immediately upon the actual ((landing)) delivery of geoducks from the harvesting vessel onto the shore. This fish receiving ticket shall accompany the harvested geoducks from the department of natural resources harvest tract to the point of ((landing)) delivery. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

     (((9))) (6) Pacific whiting: It is unlawful for the original receiver of Pacific whiting to fail to enter an estimated weight of Pacific whiting on the fish receiving ticket immediately upon completion of the ((landing)) delivery. The exact weights of whiting, by grade, and all incidental species in the ((landing)) delivery must be entered on the fish receiving ticket within twenty-four hours of the landing. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

     (((10))) (7) Puget Sound shrimp - Pot gear: It is unlawful for the original receiver of shrimp other than ghost shrimp taken from Puget Sound by pot gear to fail to report to the department the previous week's purchases by 10:00 a.m. the following Monday. For harvest in Crustacean Management Regions 1 or 2, reports must be made to the La Conner district office by voice 360-466-4345 extension 245, or facsimile 360-466-0515. For harvest in Crustacean Management Regions 3, 4, or 6, reports must be made to the Point Whitney Shellfish Laboratory by voice 1-866-859-8439, extension 600, or facsimile 360-586-8408. All reports must specify the serial numbers of the fish receiving tickets on which the previous week's shrimp were sold, and the total number of pounds caught by gear type, Marine Fish-Shellfish Management and Catch Reporting Area (Catch Area), and species listed on each ticket. ((The fish receiving ticket reporting requirement of WAC 220-69-240 remains in effect.)) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

     (a) ((Every)) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Area 23A, ((shall)) to fail to record either 23A-C, 23A-E, 23A-W or 23A-S on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

     (b) ((Every)) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Area 26A, ((shall)) to fail to record either 26A-E or 26A-W on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

     (c) ((Every)) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Area 26B, ((shall)) to fail to record either 26B-1 or 26B-2 on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

     (d) ((Every)) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Areas 20B, 21A, and 22A, ((shall)) to fail to record either 1A-20B, 1A-22A, 1B-20B, 1B-21A, 1B-22A, or 1C-21A on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

     (((11))) (8) Puget Sound shrimp - Trawl gear: It is unlawful for the original receiver of shrimp other than ghost shrimp taken from Puget Sound by trawl gear to fail to report to the department the previous day's purchases by 10:00 a.m. the following morning. For harvest in Crustacean Management Region 1, reports must be made to the La Conner district office by voice 360-466-4345 extension 245, or facsimile 360-466-0515. For harvest in Crustacean Management Region 3, reports must be made to the Point Whitney Shellfish Laboratory by voice 1-866-859-8439, extension 600, or facsimile 360-586-8408. All reports must specify the serial numbers of the fish receiving tickets on which the previous day's shrimp were sold, and the total number of pounds caught by gear type, Marine Fish-Shellfish Management and Catch Reporting Area, and species listed on each ticket. ((The fish receiving ticket reporting requirement of WAC 220-69-240 remains in effect.)) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

     (((12))) (9) Puget Sound crab: It is unlawful for any wholesale dealer acting in the capacity of an original receiver of Dungeness crab taken by nontreaty fishers from Puget Sound to fail to report to the department the previous day's purchases by 10:00 a.m. the following morning. Reports must be made to the Point Whitney Shellfish Laboratory by facsimile 360-586-8408 or by telephone number 1-866-859-8439 extension 500 and must specify the dealer name, dealer phone number, and total number of pounds of crab caught by nontreaty fishers by Crustacean Management Region. The fish receiving ticket reporting requirement of WAC 220-69-240 remains in effect. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

     (((13) It is unlawful for the original receiver to fail to initiate the completion of the fish receiving ticket immediately upon receipt of any portion of a commercial catch. Should the unloading of a catch take more than one day, the date that the unloading is completed shall be entered on the fish receiving ticket as the date of landing. If, for any purpose, the vessel leaves the unloading site, the original receiver must immediately enter the current date on the fish receiving ticket.

     (14))) (10) Salmon and sturgeon: During any fishery opening designated by rule as "quick reporting required," it is unlawful for any wholesale dealer acting in the capacity of an original receiver to fail to report ((a summary of)) all purchases of salmon and sturgeon made on the previous calendar day, or for a direct retail endorsement holder to fail to report ((a summary of)) all salmon offered for retail sale on the previous calendar day. The ((summary)) report must include dealer or holder name and purchasing location, date of purchase, ((list of)) each fish ticket number((s)) used on the purchasing date, and the following ((summary)) catch data for each species purchased: Gear, catch area, species, number and total weight of fish. When quick reporting is required, it is unlawful to fail to comply with the following reporting requirements:

     (a) Puget Sound ((summary)) reports must be reported by 10:00 a.m. on the day after the purchase date by either:

     (i) Fax transmission to 360-902-2949

     (ii) E-mail to psfishtickets@dfw.wa.gov or

     (iii) Telephone to 1-866-791-1279

     (b) Coastal troll ((summary)) reports must be reported by 10:00 a.m. on the day after the purchase date by either:

     (i) Fax transmission to 360-902-2949

     (ii) E-mail to trollfishtickets@dfw.wa.gov or

     (iii) Telephone to 1-866-791-1279

     (c) Grays Harbor and Willapa Bay ((summary)) reports must be reported by 10:00 a.m. on the day after the purchase date by either:

     (i) Fax transmission to 360-664-0689

     (ii) E-mail to harborfishtickets@dfw.wa.gov or

     (iii) Telephone to 1-866-791-1280

     (d) Columbia River ((summary)) reports must be reported by 10:00 a.m. on the day after the purchase date by either:

     (i) Fax transmission to 360-906-6776 or 360-906-6777

     (ii) E-mail to crfishtickets@dfw.wa.gov or

     (iii) Telephone to 1-866-791-1281

     (((15))) (e) Faxing a copy of each fish receiving ticket used on the previous day satisfies the reporting requirement.

     (f) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

     (11) Sea urchins and sea cucumbers: It is unlawful for any wholesale dealer acting in the capacity of an original receiver and receiving sea urchins or sea cucumbers from nontreaty fishers to fail to report to the department each day's purchases by 10:00 a.m. the following day. For red sea urchins the report must specify the number of pounds received from each sea urchin district. For green sea urchins and sea cucumbers the report must specify the number of pounds received from each Marine Fish-Shellfish Management and Catch Reporting Area. The report must be made by facsimile (fax) transmission to 360-902-2943 or by toll-free telephone to 866-207-8223, extension 866. Additionally, it is unlawful for the original receiver of red sea urchins to fail to record on the fish receiving ticket the sea urchin district where the red sea urchins were taken, and it is unlawful for the original receiver of any sea urchins to fail to record on the fish receiving ticket the name of the port of landing where the sea urchins were landed ashore. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

     (((16) It is unlawful for any original receiver of crab to fail to record all crab aboard the vessel making the delivery to the original receiver. The poundage of any crab deemed to be unmarketable, discards, or weigh backs must be shown on the fish receiving ticket, but a zero dollar value may be entered for such crab.

     (17))) (12) Coastal spot shrimp: It is unlawful for any original receiver of spot shrimp taken from Marine Fish Management and Catch Reporting Area 60A-1 to fail to record separately on the fish receiving ticket spot shrimp taken north or south of 47°04.00' north latitude. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

[Statutory Authority: RCW 77.12.047. 03-17-008 (Order 03-188), § 220-69-240, filed 8/8/03, effective 9/8/03; 03-05-064 (Order 03-28), § 220-69-240, filed 2/18/03, effective 3/21/03; 03-05-059 (Order 03-32), § 220-69-240, filed 2/18/03, effective 3/21/03; 01-07-015 (Order 01-32), § 220-69-240, filed 3/13/01, effective 4/13/01. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-240, filed 12/20/99, effective 1/20/00; 97-08-052 (Order 97-55), § 220-69-240, filed 3/31/97, effective 5/1/97. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-240, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), § 220-69-240, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-240, filed 12/2/83; 82-17-040 (Order 82-105), § 220-69-240, filed 8/13/82; 81-11-006 (Order 81-31), § 220-69-240, filed 5/11/81; Order 77-14, § 220-69-240, filed 4/15/77; Order 76-153, § 220-69-240, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 04-20, filed 2/10/04, effective 3/12/04)

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, or donating fish or shellfish that have not been previously delivered to an original receiver to a nonprofit or other organization, 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. It is unlawful for such fishers ((must)) to fail to 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)) It is unlawful for a fisher selling at retail ((must)) to fail to 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.

     (a) Failure to be licensed under this subsection is punishable under RCW 77.15.620.

     (b) Failure to prepare a fish receiving ticket under this subsection is punishable under RCW 77.15.630.

     (2) ((Each)) It is unlawful for a fisher offering food fish or shellfish for retail sale ((must)) to fail to 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. It is unlawful for the seller to fail to retain the duplicate receipts ((must be retained by the seller)) for one year. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

     (3) In the commercial geoduck fishery, it is unlawful for a vessel operator so designated by the geoduck tract holder ((must)) to fail to 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, it is unlawful for the designated operator ((must)) to fail to 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.))

     (d) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

[Statutory Authority: RCW 77.12.047. 04-05-028 (Order 04-20), § 220-69-241, filed 2/10/04, effective 3/12/04; 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.]


AMENDATORY SECTION(Amending Order 86-102, filed 9/12/86)

WAC 220-69-242   Duties of commercial shellfish ((purchasers, receivers, and)) shuckers.   Every person ((receiving, purchasing, or)) shucking shellfish for resale, excluding privately cultured aquatic products, ((shall keep complete and accurate records showing the person from whom the shellfish were received, the quantity received, the quantity of shellfish shucked or opened, if applicable, and the location from which the shellfish were harvested, and shall)) is required to have a wholesale dealers license. It is unlawful for shellfish shuckers originally receiving shellfish that are not private sector cultured aquatic products to fail to completely, accurately, and legibly prepare ((the appropriate)) a state of Washington ((fish)) shellfish receiving ticket for each ((and every)) day's activities.

     (1) Failure to be licensed under this section is punishable under RCW 77.15.620.

     (2) Failure to prepare a fish receiving ticket under this section is punishable under RCW 77.15.630.

[Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-242, filed 9/12/86. Statutory Authority: RCW 75.08.080. 83-24-049 (Order 83-203), § 220-69-242, filed 12/2/83; Order 76-153, § 220-69-242, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 86-102, filed 9/12/86)

WAC 220-69-243   Duties of aquatic farmers.   ((Every)) (1) It is unlawful for an aquatic farmer ((selling or)) shipping out-of-state ((his)) or selling private sector cultured aquatic products ((shall)) to fail to keep complete and accurate records showing the quantity of these products sold and the location of the aquatic farm where they were grown, and ((shall)) to fail to completely, accurately, and legibly prepare an aquatic farm production report. An aquatic farm production report shall ((be prepared for)) document each aquatic farm's monthly production, showing the information required in WAC 220-69-23402 (1)(d) through (g), and shall be mailed to the department within thirty days of the end of each quarter for which production is reported.

     (2) Quarterly production report copies are required to be maintained by the aquatic farmer for one year and presented on demand for inspection by authorized department personnel.

     (3) Violation of this section is a misdemeanor, punishable under RCW 77.15.350.

[Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-243, filed 9/12/86.]


AMENDATORY SECTION(Amending Order 99-221, filed 12/20/99, effective 1/20/00)

WAC 220-69-250   Required information on nontreaty fish receiving tickets.   (1) It is unlawful for a person required to complete a nontreaty fish receiving ticket to fail to enter the information required in WAC 220-69-230 (1)(a) through (m), (p), (s), and (t) ((shall be required)) on each ((completed)) nontreaty fish receiving ticket ((except that WAC 220-69-230 (1)(s) and (t) are not required for bottom fish landings from Pacific Ocean waters and waters of Puget Sound west of the mouth of the Sekiu River)).

     (2) A valid license card or duplicate license card issued by the department shall be used in conjunction with an approved mechanical imprinter in lieu of WAC 220-69-230 (1)(a) through (e) except as provided in WAC 220-69-273.

     (3) A valid dealer or buyer card issued by the department shall be used in conjunction with an approved mechanical imprinter in lieu of WAC 220-69-230 (1)(h) and (i).

     (4) During the period December 1 through December 30, the crab inspection certificate number is a required entry on all shellfish receiving tickets documenting landings and sale of Dungeness crab from Pacific Ocean, Coastal Washington, Grays Harbor, Willapa Harbor, and Columbia River waters. The crab inspection certificate number must be entered legibly on the left hand side of the ticket in the space indicated for dealer's use.

     (5) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.

[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-250, filed 12/20/99, effective 1/20/00. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-250, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), § 220-69-250, filed 5/10/85; 85-01-010 (Order 84-214), § 220-69-250, filed 12/7/84; 84-08-014 (Order 84-24), § 220-69-250, filed 3/27/84; 83-24-049 (Order 83-203), § 220-69-250, filed 12/2/83; Order 76-153, § 220-69-250, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 99-221, filed 12/20/99, effective 1/20/00)

WAC 220-69-254   Required information on treaty Indian fish receiving tickets.   (1) It is unlawful for a person required to complete a treaty Indian fish receiving ticket to fail to enter the information required in WAC 220-69-234 (1)(a) through (l) and (p) ((shall be required)) on each ((completed)) treaty Indian fish receiving ticket.

     (2) A valid treaty Indian identification card may be used in lieu of WAC 220-69-234 (1)(a) and (b).

     (3) A valid dealer or buyer card issued by the department shall be used in lieu of WAC 220-69-234 (1)(e) and (f).

     (4) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.

[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-254, filed 12/20/99, effective 1/20/00. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-254, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), § 220-69-254, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-254, filed 12/2/83; 78-03-031 (Order 78-7), § 220-69-254, filed 2/17/78; Order 76-153, § 220-69-254, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 99-221, filed 12/20/99, effective 1/20/00)

WAC 220-69-260   Distribution of copies of ((Puget Sound and troll fish)) nontreaty fish receiving tickets.   State of Washington ((Puget Sound and troll)) nontreaty fish receiving tickets shall be made out in quadruplicate (four copies) at the time of ((landing)) delivery. Upon completion of the fish receiving ticket it is unlawful for the person completing the fish receiving ticket to fail to distribute the copies ((shall be distributed)) as follows:

     (1) The dealer ((copy #1)) copies (white and yellow) shall be retained by receiver for their use.

     (2) The state copy (green) shall be mailed to the department. It is required that the state copies be received by the department no later than the sixth working day after the day the ticket was completed by the original receiver.

     (3) ((Dealer copy #2 (yellow) shall be retained by receiver for their use.

     (4))) Fisher copy (gold) shall be retained by the deliverer for their use.

     (4) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.

[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-260, filed 12/20/99, effective 1/20/00; 94-01-001, § 220-69-260, filed 12/1/93, effective 1/1/94; 91-05-015 (Order 91-07), § 220-69-260, filed 2/8/91, effective 3/11/91; 90-03-068 (Order 90-05), § 220-69-260, filed 1/19/90, effective 2/19/90. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-260, filed 9/12/86. Statutory Authority: RCW 75.08.080. 83-24-049 (Order 83-203), § 220-69-260, filed 12/2/83; 80-05-093 (Order 80-27), § 220-69-260, filed 5/2/80; Order 76-153, § 220-69-260, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 99-221, filed 12/20/99, effective 1/20/00)

WAC 220-69-264   Distribution of copies of treaty Indian fish receiving tickets.   State of Washington treaty Indian fish receiving tickets shall be made out in quintuplicate (five copies) at the time of landing. Upon completion of the treaty Indian fish receiving ticket, it is unlawful for the person completing the fish receiving ticket to fail to distribute the copies ((shall be distributed)) as follows:

     (1) The dealer copy ((#1)) (white) shall be retained by receiver for their use.

     (2) The state copy (green) and the ((game)) NWIFC copy (pink) shall be mailed to the Northwest Indian Fisheries Commission, P.O. Box 5247, Lacey, Washington 98509. It is required that the state copy and game copy be received by the Northwest Indian Fisheries Commission no later than the sixth working day after the day the ticket was completed by the original receiver.

     (3) The tribal copy (yellow) shall be mailed with the state and ((game)) NWIFC copies to the Northwest Indian Fisheries Commission, P.O. Box 5247, Lacey, Washington 98509: Provided, That upon written agreement received by the department from a specific tribe and buyer indicating the desire to transmit the tribe's copy directly to the ((fisherman's)) fisher's tribe, then that one copy may be so disposed.

     (4) The fisherman copy (gold) shall be retained by the deliverer for their use.

     (5) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.

[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-264, filed 12/20/99, effective 1/20/00; 91-05-015 (Order 91-07), § 220-69-264, filed 2/8/91, effective 3/11/91; 90-03-068 (Order 90-05), § 220-69-264, filed 1/19/90, effective 2/19/90. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-264, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), § 220-69-264, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-264, filed 12/2/83; 80-05-093 (Order 80-27), § 220-69-264, filed 5/2/80; Order 76-153, § 220-69-264, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 99-221, filed 12/20/99, effective 1/20/00)

WAC 220-69-26401   Distribution of copies of shellfish receiving ticket.   State of Washington shellfish receiving tickets shall be made out in quintuplicate (five copies) at the time of ((landing)) delivery. Upon completion of the shellfish receiving ticket, it is unlawful for the person completing the fish receiving ticket to fail to distribute the copies ((shall be distributed)) as follows:

     (1) The dealer ((copy #1)) copies (white and yellow) shall be retained by receiver of their use.

     (2) The state ((copy #1)) copies (green and pink) shall be mailed to the department. It is required that the state ((copy)) copies be received by the department no later than the sixth working day after the day the ticket was completed by the original receiver.

     (3) ((The state copy #2 (pink) shall be mailed with state copy #1 (green) to the department.

     (4) The dealer copy #2 shall be retained by the receiver for their use.

     (5))) The fisherman copy (gold) shall be retained by the deliverer for their use.

     (4) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.

[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-26401, filed 12/20/99, effective 1/20/00; 91-05-015 (Order 91-07), § 220-69-26401, filed 2/8/91, effective 3/11/91. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-26401, filed 9/12/86. Statutory Authority: RCW 75.08.080. 83-24-049 (Order 83-203), § 220-69-26401, filed 12/2/83; 80-05-093 (Order 80-27), § 220-69-26401, filed 5/2/80.]


AMENDATORY SECTION(Amending WSR 94-01-001, filed 12/1/93, effective 1/1/94)

WAC 220-69-270   License cards.   (((1))) Upon lawful application, a commercial fishery license in the form of a license card will be issued by the department. The license card will be designed for use with an approved mechanical imprinting device. The license card will contain the licensee's name; license type and gear code; license year; license number. Upon designating a vessel the license card will additionally contain the vessel name for documented vessels; the state registration number for undocumented vessels if state registration is required; the department vessel registration number for vessels for which neither documentation nor state registration is required; the primary operator and date of birth; up to two alternate operators and date of birth for each.

     (((2) It is unlawful to fish, deliver, possess or sell food fish or shellfish taken in a commercial fishery or by charter boats or salmon guides without having a vessel designated on the commercial license except for those fisheries in which no vessel is required.

     (3) It is unlawful for any person to possess a fishery license card other than the licensee or an operator designated on the license.))

[Statutory Authority: RCW 75.08.080. 94-01-001, § 220-69-270, filed 12/1/93, effective 1/1/94; 83-24-049 (Order 83-203), § 220-69-270, filed 12/2/83; Order 76-153, § 220-69-270, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 86-102, filed 9/12/86)

WAC 220-69-274   Signatures.   (1) It is unlawful for the deliverer of nontreaty ((food)) fish((,)) or shellfish((, or parts thereof, shall)) to fail to sign the complete nontreaty fish receiving ticket, which signature shall be deemed certification of the correctness of all entries thereon. It is unlawful for the original receiver of nontreaty ((food)) fish((,)) or shellfish((, or parts thereof, shall)) to fail to sign the complete nontreaty fish receiving ticket.

     (2) It is unlawful for the deliverer of treaty ((food)) fish((,)) or shellfish((, or parts thereof shall)) to fail to sign the tribal copy of the treaty Indian fish receiving ticket, which signature shall be deemed certification of the correctness of all entries on the complete fish receiving ticket. It is unlawful for the original receiver of treaty food fish((,)) or shellfish((, or parts thereof, shall)) to fail to sign the complete treaty Indian fish receiving ticket.

     (a) A fisher who fails to sign a fish receiving ticket is in violation of RCW 77.15.560.

     (b) An original receiver who fails to sign a fish receiving ticket is in violation of RCW 77.15.640.

     (3) Where the fisherman is unable to deliver the catch, an agent of the fisherman is authorized to sign the fish receiving ticket if the person has first obtained an additional operator's license for the fishing vessel operated by the fisherman.

     (4) Should the receiver receive the ((food)) fish((,)) or shellfish((, or parts thereof,)) by other than direct delivery, the receiver shall affix his or her signature to the fish receiving ticket, and the fish receiving ticket shall be completed and submitted without the deliverer's signature together with ((a statement as to the reasons the signature was not obtained)) the transportation ticket, and the receiver shall assume complete responsibility for the correctness of all entries.

[Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-274, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), § 220-69-274, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-274, filed 12/2/83; Order 76-153, § 220-69-274, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 99-221, filed 12/20/99, effective 1/20/00)

WAC 220-69-280   Fish receiving ticket accountability.   Only current ((year)) state of Washington fish receiving tickets shall be used, and shall be subject to the following orders:

     (1) Official state of Washington fish receiving tickets may be ordered free of charge from the department.

     (2) It is unlawful to fail to use fish receiving ticket books ((shall be used)) and fish receiving tickets in numerical sequence, starting with the lowest numbered ticket ((book)) issued to the ((purchaser or)) original receiver.

     (3) It is unlawful to transfer fish receiving tickets or ticket books ((shall not be transferred)) from one ((purchaser or)) original receiver to another ((purchaser or)) original receiver without written permission from the department.

     (4) It is unlawful for any purchaser or receiver terminating business ((shall)) to fail to notify the department in writing and ((shall)) to fail to return all unused fish receiving tickets and ticket books to the department within thirty days after termination of business.

     (5) It is unlawful to fail to return the state copy of all fish receiving tickets to the state. All fish receiving tickets that are incorrectly made out, voided, or otherwise unused, ((shall)) are required to be submitted to the department accompanying, and in sequence with, other fish receiving tickets.

     (6) It is unlawful to fail to account for all fish receiving tickets that are lost, destroyed, or otherwise missing((, shall be accounted for)) in writing to the department.

     (7) It is unlawful to transfer fish receiving tickets to anyone who is not a licensed wholesale fish dealer, licensed fish buyer, or holder of a direct retail sale license endorsement, and it is unlawful for any person not so licensed to have fish receiving tickets in possession.

     (8) It is unlawful for a wholesale dealer or holder of a direct retail sale endorsement to fail to maintain the dealer copy or copies at the dealer's or holder's regular place of business for one year after the date of use of the fish ticket.

     (9) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.

[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-280, filed 12/20/99, effective 1/20/00. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-280, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), § 220-69-280, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-280, filed 12/2/83; 82-17-040 (Order 82-105), § 220-69-280, filed 8/13/82; 80-05-093 (Order 80-27), § 220-69-280, filed 5/2/80; 78-03-031 (Order 78-7), § 220-69-280, filed 2/17/78; Order 76-153, § 220-69-280, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 99-221, filed 12/20/99, effective 1/20/00)

WAC 220-69-300   Commercial food fish and shellfish transportation ticket.   (1) It is unlawful for any person to transport commercial quantities of food fish or shellfish in Washington state unless the person has in possession a completed state of Washington commercial food fish and shellfish transportation ticket (referred to hereafter as a "transportation ticket"). Violation of this subsection is punishable under RCW 77.15.290.

     (2) The transportation ticket shall contain space for:

     (a) The name of the fisherman who caught the fish.

     (b) The fisherman's vessel registration number.

     (c) The signature of the fisherman or additional operator.

     (d) The name of the transporter.

     (e) The signature of the transporter.

     (f) The catch area where the food fish or shellfish were caught.

     (g) The species of food fish or shellfish being transported.

     (h) The number or approximate pounds of food fish or shellfish being transported.

     (3) The information in subsection (2)(a) through (h) of this section are required entries on all completed transportation tickets.

     (4) It is unlawful for an original receiver to fail to mail the transportation ticket ((is to be mailed)) together with the state copy of the fish receiving ticket as provided for in WAC 220-69-260, ((220-69-262,)) WAC 220-69-264, and WAC 220-69-26401. Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.

     (5) It is unlawful for any transporter of commercial quantities of food fish or shellfish to fail to show the transportation ticket, on demand, to a fish and wildlife officer or ex officio fish and wildlife officer. Violation of this subsection is a gross misdemeanor punishable under RCW 77.15.360.

     (6) The provisions of this section do not apply to:

     (a) Food fish and shellfish purchased at retail, provided the purchaser has, in possession, a sales receipt documenting purchase.

     (b) Food fish or shellfish for which a fish receiving ticket has been completed.

     (c) Food fish or shellfish being transported by the department.

     (d) Hatchery carcass sales.

     (e) Private sector cultured aquatic products in transport.

     (f) Food fish or shellfish being transported on an Oregon transportation ticket.

     (g) Food fish or shellfish being transported in the catching vessel prior to delivery.

[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-300, filed 12/20/99, effective 1/20/00. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-300, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-021 (Order 85-44), § 220-69-300, filed 5/10/85.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-69-262 Distribution of copies of marine and utility fish receiving ticket.

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