Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-08-058.

     Title of Rule and Other Identifying Information: WAC 220-56-156 Possession and delivery of Canadian-origin food fish and shellfish.

     Hearing Location(s): WDFW Region 6 Office, 48 Devonshire Road, Montesano, WA 98563, on Tuesday, July 15, 2008, at 10:00 a.m.

     Date of Intended Adoption: On or after July 15, 2008.

     Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail preuslmp@dfw.wa.gov, fax (360) 902-2155, by July 8, 2008.

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

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule is to comply with fishing regulations adopted by the Department of Fisheries and Oceans, Canada.

     Reasons Supporting Proposal: Absent these modifications to the current state regulations, our state regulations would be more liberal than Canadian regulations.

     Statutory Authority for Adoption: RCW 77.04.020 and 77.12.047.

     Statute Being Implemented: RCW 77.04.020 and 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: Heather Reed, 48 Devonshire Road, Montesano, WA 98563, (360) 249-1202; Implementation: Lew Atkins, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, WA 98504, (360) 902-2373.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules apply to recreational fishermen, not commercial fishermen.

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

June 4, 2008

Loreva M. Preuss

Rules Coordinator

OTS-1694.1

AMENDATORY SECTION(Amending Order 06-23, filed 2/14/06, effective 5/1/06)

WAC 220-56-156   Possession and delivery of Canadian-origin food fish and shellfish.   (1) Canadian license required. It is unlawful to possess in marine waters or deliver into Washington shellfish or food fish taken for personal use from Canadian waters unless the person ((that)) who possesses or delivers the shellfish or food fish possesses a valid Canadian sport fishing license and catch record card, if one is required, for the shellfish and food fish taken.

     (2) Canadian-origin rockfish restrictions: It is unlawful to possess yelloweye or canary rockfish taken for personal use from Canadian waters.

     (3) Canadian-origin halibut restrictions:

     (a) The daily limit of halibut is one daily limit, regardless of the origin of the halibut. ((The daily limit is two halibut if taken from Canadian waters or one halibut if taken from Washington waters.))

     (b) The possession limit is two halibut if at least one halibut was taken from Washington waters ((and three halibut if all three halibut were taken from Canadian waters)). It is unlawful to possess in excess of the Canadian possession limit of halibut for the time and area fished if all halibut were taken from Canadian waters.

     (c) It is unlawful to possess more than one daily limit of halibut aboard the fishing vessel.

     (4) Canadian-origin salmon restrictions:

     (a) It is unlawful to possess in marine waters or deliver into Washington any fresh salmon taken for personal use from Canadian waters unless such salmon meet current salmon regulations for the waters of the applicable department of fish and wildlife catch record card area((, except)). However, if the vessel operator has a valid Canadian customs clearance number obtained while the vessel was moored at a Canadian government dock in Ucluelet, Victoria, Sydney, White Rock, or Bedwell Harbour, British Columbia, fishers aboard the vessel may deliver Canadian-origin salmon into Washington that are lawfully taken in Canada, regardless of whether the salmon meet the current salmon regulations for the area where delivered.

     (b) It is unlawful to fish for any species in state or offshore waters from a vessel having Canadian-origin salmon aboard that do not meet the current salmon regulations for the waters being fished.

     (c) It is unlawful for a fisher to fish for any species in state or offshore waters if the fisher possesses in the field any salmon that do not meet the current salmon regulations for the waters being fished.

     (5) "Delivery" of Canadian-origin fish into Washington defined. For the purposes of this section, "delivery" means transportation by a private or commercial recreational fishing vessel ((and)). Delivery in Washington is complete when, within the state, the vessel anchors, moors, ties to a float or pier, or is placed or attempted to be placed on a boat trailer. "Delivery" is also complete if the fish or shellfish are offloaded from the vessel within state waters.

[Statutory Authority: RCW 77.12.047. 06-05-085 (Order 06-23), § 220-56-156, filed 2/14/06, effective 5/1/06; 05-05-046 (Order 05-22), § 220-56-156, filed 2/14/05, effective 3/17/05. Statutory Authority: RCW 75.08.080. 92-11-012 (Order 92-19), § 220-56-156, filed 5/12/92, effective 6/12/92; 90-08-001 (Order 90-22), § 220-56-156, filed 3/22/90, effective 4/22/90; 85-09-017 (Order 85-20), § 220-56-156, filed 4/9/85.]

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