Effective Date of Rule: Thirty-one days after filing.

     Purpose: Amend rules on take-home sturgeon and bottomfish.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-20-021.

     Statutory Authority for Adoption: RCW 77.12.047.

      Adopted under notice filed as WSR 06-02-094 on January 4, 2006.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 10, 2005 [2006].

Nancy Burkhart

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-8568.1

AMENDATORY SECTION(Amending Order 97-51, filed 3/14/97, effective 4/14/97)

WAC 220-20-021   Sale of commercially caught sturgeon and bottomfish.   (1) It is unlawful for any person while engaged in commercial fishing for sturgeon or bottomfish to:

     (a) Keep ((in excess of one)) sturgeon smaller or greater than the size limits provided for in WAC 220-20-020, keep more than one sturgeon for personal use, or keep more than the equivalent of one limit of sport caught bottomfish for personal use. Any lingcod to be retained for personal use taken east of the mouth of the Sekiu River must be greater than 26 inches in length and may not exceed 40 inches in length. All commercially taken sturgeon and bottomfish retained for personal use must be recorded on fish receiving tickets.

     (b) Sell any sturgeon or bottomfish taken under such license to anyone other than a licensed wholesale dealer within or outside the state of Washington, except that a person who is licensed as a wholesale dealer under the provisions of RCW 75.28.300 may sell to individuals or corporations other than licensed wholesale dealers.

     (c) Sell, barter, or attempt to sell or barter sturgeon eggs that have been removed from the body cavity of any sturgeon taken under such license prior to the time that the sturgeon is sold under subsection (1)(b) of this section.

     (2) It is unlawful for any wholesale dealer licensed under RCW 75.28.300 to purchase or attempt to purchase sturgeon eggs from sturgeon taken by any person licensed to take sturgeon for commercial purposes under chapter 75.28 RCW if the sturgeon eggs have been removed from the body cavity of the sturgeon prior to the sale of the sturgeon.

     (3) It is unlawful to purchase, sell, barter or attempt to purchase, sell, or barter any sturgeon eggs taken from sturgeon caught in the Columbia River below Bonneville Dam.

[Statutory Authority: RCW 75.08.080. 97-07-043 (Order 97-51), § 220-20-021, filed 3/14/97, effective 4/14/97; 94-12-009 (Order 94-23), § 220-20-021, filed 5/19/94, effective 6/19/94; 85-08-023 (Order 85-24), § 220-20-021, filed 4/1/85; 82-17-040 (Order 82-105), § 220-20-021, filed 8/13/82.]