WSR 06-19-029

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed September 12, 2006, 10:28 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-10-002.

Title of Rule and Other Identifying Information: WAC 220-20-010 General provisions -- Lawful and unlawful acts -- Salmon, other fish and shellfish, 220-20-021 Sale of commercially caught sturgeon, and bottomfish, 220-69-230 Description of Washington state nontreaty fish receiving tickets, 220-69-234 Description of treaty Indian fish receiving tickets, 220-69-240 Duties of commercial purchasers and receivers, 220-69-254 Required information on treaty Indian fish receiving tickets and 220-69-280 Fish receiving ticket accountability. Rule clarifications to ensure appropriate catch accountability occurs and to provide compatibility with federal rules governing Pacific Ocean fisheries.

Hearing Location(s): Red Lion Inn At The Quay, 100 Columbia Street, Vancouver, WA, on November 3-4, 2006, at 8:00 a.m.

Date of Intended Adoption: December 8-9, 2006.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail barkemwb@dfw.wa.gov, fax (360) 902-2944, by November 1, 2006.

Assistance for Persons with Disabilities: Contact Nancy Burkhart by October 19, 2006, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Provide compatibility with federal rules for Pacific Ocean fisheries and ensure that proper catch accounting occurs for all commercially landed species.

Reasons Supporting Proposal: Current rules are not compatible with federal rules. Confusion among fishers, processors and receivers on the interpretation of rules on catch accounting require clarification.

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: Department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Morris W. Barker, 1111 Washington Street, Olympia, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (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: Original total weight of all fish or shellfish landed, value of such products and whether dressed or whole if such is allowed must be entered on the fish ticket. Information must be recorded by species (or species groups if permitted). Requires original purchasers or receivers to immediately fill out a fish ticket in a legible and accurate manner for each purchase of such commodities. Clarifies that such information is required and mandatory for purchasers and receivers. Requires that copies of the fish tickets be maintained at the regular place of business for three years.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None, these are rules of clarification in which most purchasers and receivers are already in compliance.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: None anticipated.

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

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:

1. Cost per employee;

2. Cost per hour of labor; or

3. Cost per one hundred dollars of sales.

There are no anticipated costs of compliance.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: Enforcement personnel have been making field contacts with purchasers and receivers to provide direction and determine where the confusion lies in the rules that are hindering compliance. No costs are anticipated from the clarifying proposals.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The department will hold a public hearing of the proposed rules at the WDFW commission meeting on November 3-4, 2006, where small business and the public can provide their additional comments on the rules.

8. A List of Industries That Will Be Required to Comply with the Rule: All original purchasers and receivers of fish and shellfish.

A copy of the statement may be obtained by contacting Morris W. Barker, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2826, fax (360) 902-2944, e-mail barkemwb@dfw.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. These proposals do not affect hydraulics.

September 12, 2006

Morris W. Barker

Rules Coordinator

OTS-9041.2


AMENDATORY SECTION(Amending Order 06-135, filed 6/13/06, effective 7/14/06)

WAC 220-20-010   General provisions -- Lawful and unlawful acts -- Salmon, other fish and shellfish.   (1) It shall be unlawful to take, fish for, possess or transport for any purpose fish, shellfish or parts thereof, in or from any of the waters or land over which the state of Washington has jurisdiction, or from the waters of the Pacific Ocean, except at the times, places and in the manners and for the species, quantities, sizes or sexes provided for in the regulations of the department.

(2) It shall be unlawful for any person to have in possession or under control or custody any food fish or shellfish within the land or water boundaries of the state of Washington, except in those areas which are open to commercial fishing or wherein the possession, control or custody of salmon or other food fish or shellfish for commercial purposes is made lawful under a statute of the state of Washington or the rules and regulations of the commission or director, unless otherwise provided.

(3) It shall be lawful to fish for, possess, process and otherwise deal in food fish and fish offal or scrap for any purpose, provided; that it shall be unlawful to use any of the following listed species for purposes other than human consumption or fishing bait:


Pacific halibut (Hippoglossus stenolepis)
Pacific herring

(except as prescribed

in WAC 220-49-020)

(Clupea harengus pallasi)
Salmon
Chinook (Oncorhynchus tshawytscha)
Coho (Oncorhynchus kisutch)
Chum (Oncorhynchus keta)
Pink (Oncorhynchus gorbuscha)
Sockeye (Oncorhynchus nerka)
Masu (Oncorhynchus masu)
Pilchard (Sardinops sagax)
Except as provided for in WAC 220-88C-040

(4) It shall be unlawful for any person to fish for fish or shellfish while in possession in the field of fish or shellfish that are in violation of the harvest regulations for the area being fished. This regulation does not apply to vessels in transit.

(5) It shall be unlawful for the owner or operator of any commercial food fish or shellfish gear to leave such gear unattended in waters of the state or offshore waters unless said gear is marked.

(a) Shellfish pot, bottom fish pot, set line and set net gear must be marked with a buoy to which shall be affixed in a visible and legible manner the department approved and registered buoy brand issued to the license, provided that:

(i) Buoys affixed to unattended gear must be visible on the surface of the water except during strong tidal flow or extreme weather conditions.

(ii) When two or more shellfish pots are attached to a common ground line the number of pots so attached must be clearly labeled on the required buoy.

(b) It is unlawful to operate any gill net, attended or unattended, unless there is affixed, within five feet of each end of the net, a buoy, float, or some other form of marker, visible on the corkline of the net, on which shall be marked in a visible, legible and permanent manner the name and gill net license number of the fisher.

(c) It shall be unlawful at any time to leave a gill net unattended in the commercial salmon fishery.

(6) It shall be unlawful to place any commercial food fish or shellfish gear in any waters closed to commercial fishing, provided; that this provision shall not apply to reef nets or brush weirs or to gear being tested under supervision of the department, provided further that it shall be unlawful to take, fish for or possess food fish with any type of commercial fishing gear in the waters of Carr Inlet north of north latitude 4720' from August 15 through November 30 except as provided in chapter 220-47 WAC.

(7) It shall be unlawful for the owner or operator of any fishing gear to refuse to submit such gear to inspection in any manner specified by authorized representatives of the department.

(8) It shall be unlawful for any person taking or possessing fish or shellfish taken from any of the waters or beaches of the Columbia River, the state of Washington or the Pacific Ocean for any purpose to fail to submit such fish or shellfish for inspection by authorized representatives of the department.

(9) It shall be unlawful for any person licensed by the department to fail to make or return any report required by the department relative to the taking, selling, possessing, transporting, processing, freezing and storing of fish or shellfish whether taken within the jurisdiction of the state of Washington or beyond or on Indian reservations or usual and accustomed Indian fishing grounds.

(10) It shall be unlawful to take, fish for or possess or to injure, kill or molest fish in any fishway, fish ladder, fish screen, holding pond, rearing pond, or other fish protective device, or to interfere in any manner with the proper operation of such fish protective devices.

(11) It shall be unlawful to club, gaff, shoot with firearm, crossbow, bow and arrow or compressed air gun, snag, snare, dip net, harass, spear, stone or otherwise molest, injure, kill or destroy any fish or shellfish or parts thereof, or for any person to attempt to commit such acts, or to have any fish, shellfish or parts thereof so taken in possession, except as provided for in this subsection:

(a) It shall be lawful to use a dip net or club in the landing of fish taken by personal-use angling unless otherwise provided and it shall be lawful to use a gaff in the landing of tuna, halibut and dogfish in all catch record card areas.

(b) It shall be lawful to use a dip net, gaff, or club in the landing of food fish or shellfish taken for commercial purposes, except that it is unlawful to use a fish pew, pitchfork, or any other instrument that will penetrate the body of the food fish or shellfish while sorting commercial catches during the act of discarding those fish that are not going to be retained.

(c) It shall be lawful to use a spear in underwater spear fishing as provided for in WAC 220-56-160.

(d) It shall be lawful to use a bow and arrow or spear to take carp as provided for in WAC 220-56-280.

(e) It shall be lawful to snag herring, smelt, anchovies, pilchard, sand lance, and squid when using forage fish jigger gear or squid jigs.

(f) It shall be lawful to shoot halibut when landing them with a dip net or gaff.

(12) It shall be unlawful to take or possess for any purpose any fish or shellfish smaller than the lawful minimum size limits. Any such fish either snagged, hooked, netted or gilled must be immediately returned to the water with the least possible injury to the fish or shellfish and it shall be unlawful to allow undersized salmon entangled in commercial nets to pass through a power block or onto a power reel or drum.

(13) It shall be unlawful to possess aboard any vessel engaged in commercial fishing or having commercially caught fish aboard, any food fish or shellfish in such condition that its species, length, weight or sex cannot be determined if a species, species group or category, length, weight, or sex limit is prescribed for said species and it is unlawful to possess food fish or shellfish mutilated in any manner such that the natural length or weight cannot be determined if a length or weight limit is prescribed for said species.

(14) It shall be lawful to possess, transport through the waters of the state, or land, dressed sablefish ("dressed" is defined by WAC 220-16-330).

(15) It shall be lawful to possess, transport through the waters of the Pacific Ocean, or land, dressed salmon caught during a lawful salmon troll fishery provided that frozen chinook salmon, dressed heads off, shall be 21 1/2 inches minimum and frozen coho salmon dressed heads off shall be 12 inches minimum, measured from the midpoint of the clavicle arch to the fork of the tail.

(16) It shall be lawful to possess, transport through the waters of the Pacific Ocean, or land, dressed halibut if allowed by IPHC rules and such fish meet any IPHC size requirements.

(17) It shall be unlawful in any area to use, operate or carry aboard a commercial fishing vessel a licensed net or combination of such nets, whether fished singly or separately, in excess of the maximum lawful size or length prescribed for a single net in that area, except as otherwise provided for in the rules and regulations of the department.

(((15))) (18) It shall be unlawful for any permit holder to fail to comply with all provisions of any special permit or letter of approval issued to him under the authority of the director, or to perform any act not specifically authorized in said document or in the regulations of the commission or director.

(((16))) (19) It shall be unlawful to use, place or cause to be placed in the waters or on the beaches or tidelands of the state any substance or chemical used for control of predators or pests affecting fish or shellfish or other aquatic marine organisms, without first having obtained a special permit to do so from the director.

(((17))) (20) It shall be unlawful to test commercial fishing gear except as follows:

(a) Bellingham Bay - inside and northerly of a line from Governor's Point to the south tip of Eliza Island to Point Frances in waters 10 fathoms and deeper.

(b) Boundary Bay - north of a line from Birch Point to Point Roberts and south of the international boundary in waters 10 fathoms and deeper during times not under IPSFC control.

(c) San Juan Channel - within a 1 mile radius of Point Caution during times not under IPSFC control.

(d) Port Angeles - inside and westerly of a line projected from the east tip of Ediz Hook through buoy C "1" to the mainland.

(e) Port Gardner - within a 2 mile radius of the entrance to Everett breakwater in waters 10 fathoms and deeper.

(f) Central Puget Sound - between lines from Meadow Point to Point Monroe and Skiff Point to West Point in waters 50 fathoms and deeper.

(g) East Pass - between lines from Point Robinson true east to the mainland and from Dash Point to Point Piner in waters 50 fathoms and deeper.

(h) Port Townsend - westerly of a line from the Coast Guard station in Port Townsend to Walan Point to Kala Point in waters 10 fathoms and deeper.

(i) All tows or sets are limited to 20 minutes exclusive of setting and retrieving time.

(j) All testing is to be accomplished between 8:00 a.m. and 4:00 p.m.

(k) Codends of trawl nets must be left open, all hooks of set line gear must be unbaited, and no lures or baited hooks shall be used with jig or troll gear.

(l) Any and all incidentally caught fish and shellfish must be returned to the waters immediately, and no fish or shellfish are to be retained aboard the vessel at any time during a gear test operation.

(m) It shall be unlawful for any person conducting such gear testing operations to fail to notify the fish and wildlife enforcement office in Olympia prior to testing.

(((18))) (21) It is unlawful for any person or corporation either licensed by the department or bringing fish or shellfish into the state to fail to comply with the directions of authorized department personnel related to the collection of sampling data or material from fish or shellfish. It is also unlawful for any such person or corporation to fail to relinquish to the department, upon request, any part of a salmon or other fish containing coded-wire tags, including but not limited to, the snouts of those salmon that are marked by having clipped adipose fins.

(((19))) (22) It is unlawful for any person to possess live bottom fish taken under a commercial fishery license.

(((20))) (23) It is unlawful for any person to use chemical irritants to harvest fish, shellfish or unclassified marine invertebrates except as authorized by permit issued by the department.

[Statutory Authority: RCW 77.12.047. 06-13-023 (Order 06-135), 220-20-010, filed 6/13/06, effective 7/14/06; 05-08-056 (Order 05-53), 220-20-010, filed 3/30/05, effective 4/30/05; 02-08-048 (Order 02-53), 220-20-010, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-20-010, filed 3/29/00, effective 5/1/00. Statutory Authority: RCW 75.08.080. 00-01-096 (Order 99-214), 220-20-010, filed 12/15/99, effective 1/15/00. Statutory Authority: RCW 75.08.080, 77.12.040. 98-15-081 (Order 98-122), 220-20-010, filed 7/15/98, effective 8/15/98. Statutory Authority: RCW 75.08.080. 98-15-031 (Order 98-120), 220-20-010, filed 7/7/98, effective 8/7/98. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, 220-20-010, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080. 93-15-051, 220-20-010, filed 7/14/93, effective 8/14/93; 91-08-054 (Order 91-13), 220-20-010, filed 4/2/91, effective 5/3/91; 91-01-023, 220-20-010, filed 12/10/90, effective 1/10/91; 89-02-022 (Order 88-186), 220-20-010, filed 12/29/88; 88-10-013 (Order 88-15), 220-20-010, filed 4/26/88; 85-09-017 (Order 85-20), 220-20-010, filed 4/9/85; 85-08-023 (Order 85-24), 220-20-010, filed 4/1/85; 84-08-014 (Order 84-24), 220-20-010, filed 3/27/84; 82-15-040 (Order 82-83), 220-20-010, filed 7/15/82; 82-07-047 (Order 82-19), 220-20-010, filed 3/18/82; 81-02-053 (Order 81-3), 220-20-010, filed 1/7/81; 80-10-058 (Order 80-83), 220-20-010, filed 8/6/80; 80-07-017 (Order 80-45), 220-20-010, filed 6/11/80; 79-10-013 (Order 79-75), 220-20-010, filed 9/7/79; Order 77-14, 220-20-010, filed 4/15/77; Order 76-148, 220-20-010, filed 12/2/76; Order 1193, 220-20-010, filed 3/4/75; Order 1179, 220-20-010, filed 11/19/74; Order 1106, 220-20-010, filed 1/10/74; Order 1057, 220-20-010, filed 5/22/73; Order 945, 220-20-010, filed 8/16/71; Order 920, 220-20-010, filed 5/13/71; Order 817, 220-20-010, filed 5/29/69; Order 810, 220-20-010, filed 4/17/69; Order 771-A, 220-20-010, filed 3/29/68; Order 767, 1, filed 12/22/67; Order 758, 3, filed 10/16/67; Order 726, 2, 3, filed 4/24/67; Order 721, 1, filed 3/9/67; Subsections 1, 2 from Orders 405 and 256, filed 3/1/60; Subsection 3 from Order 677, filed 3/31/66; Subsection 16 from Order 525, filed 5/3/61; Orders 355 and 256, filed 3/1/60; Subsection 4 from Order 591, filed 10/28/63; Orders 479 and 256, filed 3/1/60; Subsection 5 from Orders 383 and 256, filed 3/1/60; Subsections 6, 26, 35 from Order 568, filed 3/26/63; Order 543, filed 3/20/62; Order 507, filed 4/13/60; Order 256, filed 3/1/60; Subsections 7-11, 13-15, 17, 18, 22 from Orders 355 and 256, filed 3/1/60; Subsection 12 from Orders 407 and 256, filed 3/1/60; Subsections 19, 27 from Orders 480 and 256, filed 3/1/60; Subsection 20 from Order 677, filed 3/31/66; Orders 483 and 256, filed 3/1/60; Subsection 23 from Order 677, filed 3/31/66; Order 605, filed 4/21/64; Order 568, filed 3/26/63; Order 543, filed 3/20/62; Order 507, filed 4/13/60; Order 256, filed 3/1/60; Subsection 24 from Order 605, filed 4/21/64; Orders 407 and 256, filed 3/1/60; Subsection 25 from Orders 449 and 256, filed 3/1/60; Subsections 28-33 from Orders 456 and 256, filed 3/1/60; Subsection 34 from Orders 486 and 256, filed 3/1/60; Subsection 36 from Order 591, filed 10/28/63; Subsections 37 and 38 from Order 677, filed 3/31/66; Subsection 39 from Order 672, filed 12/28/65.]


AMENDATORY SECTION(Amending Order 06-24, filed 2/14/06, effective 3/17/06)

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

(a) Keep 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 daily 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, and halibut retained for personal use must be recorded on fish receiving tickets.

(b) Sell any sturgeon ((or)), bottomfish, or halibut 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)) 77.65.280 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)) 77.65 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 77.12.047. 06-05-094 (Order 06-24), 220-20-021, filed 2/14/06, effective 3/17/06. 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.]

OTS-9042.1


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

WAC 220-69-230   Description of Washington state nontreaty fish receiving tickets.   (1) There is hereby created the following nontreaty fish receiving ticket forms to be prepared, printed, and distributed upon request, by the department: Puget Sound salmon, troll, marine, utility, and shellfish. These forms shall contain space for the following information:

(a) Fisherman: Name of licensed deliverer.

(b) Address: Address of licensed deliverer.

(c) Boat name: Name or Coast Guard number of landing vessel.

(d) WDFW boat registration: Washington department of fish and wildlife boat registration number.

(e) Gear: Code number or name of specific type of gear used.

(f) Fisherman's signature: Signature of licensed deliverer.

(g) Date: Date of landing.

(h) Dealer: Name of dealer, and department number assigned to dealer.

(i) Buyer: Name of buyer, and department number assigned to buyer.

(j) Receiver's signature: Signature of original receiver.

(k) Number of days fished: Days spent catching fish.

(l) Fish or shellfish caught inside or outside 3-mile limit: Check one box.

(m) Catch area: Salmon catch area code if salmon are caught. Marine fish/shellfish catch area code if marine fish are caught or shellfish are caught or harvested.

(n) Tally space for dealer's use: Used at dealer's discretion.

(o) Species code: Department assigned species code.

(p) Number of fish or shellfish, species description, ((pounds, and value)) original total weight in pounds of all shellfish or fish landed, except for legally dressed fish that are landed in that condition. Dressed fish must be designated as dressed on the fish receiving ticket. Value of fish and shellfish sold or purchased: Summary information for species, or species groups landed. All species or categories of bottomfish having a vessel trip limit must be listed separately (see WAC 220-44-050).

(q) Work area for dealer's use: Used at dealer's discretion.

(r) Total amount: Total value of landing.

(s) Take-home fish: Species, number, and pounds of fish or shellfish retained for personal use.

(t) Crew: Name and signature of crew members who take home fish.

(2) The Puget Sound salmon fish receiving ticket shall be used for:

(a) Deliveries of nontreaty salmon caught in inland waters.

(b) Any other delivery of nontreaty salmon where the catch may be easily recorded.

(c) Any imports of fresh salmon into the state of Washington.

(3) The troll fish receiving ticket shall be used for:

(a) Deliveries of nontreaty coastal salmon and incidental catch.

(b) Any other nontreaty deliveries where the species delivered may be easily recorded.

(c) Any imports of fresh salmon into the state of Washington.

(4) The marine fish receiving ticket shall be used for:

(a) Nontreaty deliveries of marine fish or bottomfish that do not include salmon.

(b) Any imports of fresh marine fish or bottomfish.

(5) The utility fish receiving ticket shall be used for:

(a) Any nontreaty deliveries that do not include salmon, where other fish receiving tickets are not appropriate.

(b) Any imports of fresh fish or shellfish that do not include salmon.

(6) The shellfish receiving ticket shall be used for:

(a) Any nontreaty deliveries of shellfish.

(b) Any imports of fresh shellfish.

(c) Any incidental catch of bottomfish made while fishing for shellfish. The species name, total pounds, and price per pounds must be entered for each species of bottomfish caught.

[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), 220-69-230, filed 12/20/99, effective 1/20/00; 85-11-020 (Order 85-43), 220-69-230, filed 5/10/85; 84-08-014 (Order 84-24), 220-69-230, filed 3/27/84; 83-24-049 (Order 83-203), 220-69-230, filed 12/2/83; 80-05-093 (Order 80-27), 220-69-230, filed 5/2/80; 78-03-031 (Order 78-7), 220-69-230, filed 2/17/78; Order 76-153, 220-69-230, filed 12/17/76.]


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

WAC 220-69-234   Description of treaty Indian fish receiving ticket.   (1) There is hereby created a treaty Indian fish receiving ticket form to be prepared, printed, and distributed upon request, by the department, which shall contain space for the following information:

(a) Tribal name: Name or identification number of tribe.

(b) Fisherman: Name or identification number of deliverer.

(c) Signature: Signature of deliverer on tribal copy of ticket.

(d) Date: Date of landing.

(e) Dealer: Name of dealer, and department number assigned to dealer.

(f) Buyer: Name of buyer, and department number assigned to buyer.

(g) Gear: Code name or number of specific gear type used.

(h) Receiver's signature: Signature of original receiver.

(i) Catch area: River name for river catch, salmon catch area for saltwater salmon catch, marine fish/shellfish catch area for nonsalmon saltwater catch.

(j) Tally space for dealer's use: Used at dealer's discretion.

(k) ((Species and description: Species name of fish landed.

(l) Number of fish, pounds, and value: Information for each species landed.

(m) Subtotal: Total price of catch landed.

(n))) Number of fish or shellfish, species description, original total weight for each species or species group landed in round pounds, except for legally dressed fish that are landed in that condition. Dressed fish must be designated as dressed. Value of fish and shellfish sold or purchased. Summary information for groundfish species or species groups landed.

(l) Tribal tax: Tribal tax collected.

(((o) Total: Total price paid seller or deliverer.

(p))) (m) Take-home fish: Species, number, and pounds of fish retained for personal, ceremonial, or subsistence use.

(2) The treaty Indian fish receiving ticket shall be used for any deliveries of fish or shellfish caught by Washington treaty Indians.

[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), 220-69-234, filed 12/20/99, effective 1/20/00. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), 220-69-234, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), 220-69-234, filed 5/10/85; 83-24-049 (Order 83-203), 220-69-234, filed 12/2/83; 80-05-093 (Order 80-27), 220-69-234, filed 5/2/80; 78-03-031 (Order 78-7), 220-69-234, filed 2/17/78; Order 76-153, 220-69-234, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 06-59, filed 4/3/06, effective 5/4/06)

WAC 220-69-240   Duties of commercial purchasers and receivers.   (1) It is unlawful for any person originally receiving fresh or iced fish or shellfish or frozen fish or shellfish that have not been previously delivered in another state, territory, or country, except purchases or receipts made by individuals or consumers at retail, to fail to be a licensed wholesale fish dealer or fish buyer, and 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. Each delivery must be recorded on a separate fish receiving ticket.

(2) It is unlawful for any person originally receiving fresh or iced fish or shellfish previously delivered in another state, territory, or country, to fail to be a licensed wholesale fish dealer or fish buyer, and 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.

(3) It is unlawful for any original receiver of crab or spot shrimp to fail to record all crab or spot shrimp 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))) (4) 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.

(((3))) (5) 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))) (6) 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." In the coastal pilchard fishery, the amount of pilchards, by weight, purchased for the purposes of conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, other fishery products or by-products for purposes other than human consumption or fishing bait must be included on the fish ticket as "reduction."

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

(((5))) (7) Geoduck: It is unlawful for any person receiving geoducks, regardless of whether or not the 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 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 delivery. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

(((6))) (8) 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 delivery. The exact weights of whiting, by grade, and all incidental species in the 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.

(((7))) (9) 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 800, 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. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

(a) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Area 23A, 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) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Area 26A, 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) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Area 26B, 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) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Areas 20B, 21A, and 22A, 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.

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

(((9))) (11) 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 business day. Reports must be made to the La Conner District Office by facsimile 360-466-0515 or by telephone number 1-866-859-8439 extension 500 and must specify the dealer name, dealer phone number, date of delivery of crab to the original receiver, and the total number of pounds of crab caught by nontreaty fishers by Crab Management Region or by Marine Fish-Shellfish Management and Catch Reporting Area. 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.

(((10))) (12) 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 all purchases of salmon and sturgeon made on the previous calendar day, or for a direct retail endorsement holder to fail to report all salmon offered for retail sale on the previous calendar day. The report must include dealer or holder name and purchasing location, date of purchase, each fish ticket number used on the purchasing date, and the following 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 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 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 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 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

(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))) (13) 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. For sea cucumbers the report must specify whether the landings were "whole-live" or "split-drained." The report must be made by facsimile (fax) transmission to 360-902-2943 or by toll-free telephone to 866-207-8223. 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. Additionally, it is unlawful for the original receiver of sea cucumbers to fail to record on the fish receiving ticket whether the sea cucumbers were delivered "whole-live" or "split-drained." Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

(((12))) (14) 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 4704.00' north latitude. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

[Statutory Authority: RCW 77.12.047. 06-08-078 (Order 06-59), 220-69-240, filed 4/3/06, effective 5/4/06; 06-01-013 (Order 05-275), 220-69-240, filed 12/9/05, effective 1/9/06; 04-17-096 (Order 04-210), 220-69-240, filed 8/17/04, effective 9/17/04; 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 04-210, filed 8/17/04, effective 9/17/04)

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 mandatory information ((required)) referenced in WAC 220-69-230 (1)(a) through (m), (p), (s), and (t) on each nontreaty fish receiving ticket.

(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 77.12.047. 04-17-096 (Order 04-210), 220-69-250, filed 8/17/04, effective 9/17/04. 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 04-210, filed 8/17/04, effective 9/17/04)

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 mandatory information ((required)) referenced in WAC 220-69-234 (1)(a) through (l) and (p) on each 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 77.12.047. 04-17-096 (Order 04-210), 220-69-254, filed 8/17/04, effective 9/17/04. 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 04-210, filed 8/17/04, effective 9/17/04)

WAC 220-69-280   Fish receiving ticket accountability.   Only current 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 and fish receiving tickets in numerical sequence, starting with the lowest numbered ticket issued to the original receiver.

(3) It is unlawful to transfer fish receiving tickets or ticket books from one original receiver to another original receiver without written permission from the department.

(4) It is unlawful for any purchaser or receiver terminating business to fail to notify the department in writing and 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, 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 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)) three years 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 77.12.047. 04-17-096 (Order 04-210), 220-69-280, filed 8/17/04, effective 9/17/04. 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.]

Washington State Code Reviser's Office