WSR 15-02-011 PERMANENT RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 14-341—Filed December 26, 2014, 2:12 p.m., effective January 26, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of this rule is to exempt hagfish from the ban and permit requirement on possession of, transport, transfer or sale of live hagfish. The effect of this rule change is to allow a live hagfish fishery and thereby expand opportunity as there are separate markets for live and frozen hagfish. The rule change will eliminate the need for a permit to transport live hagfish. The ban on live fish transport is intended to protect against the introduction of exotic diseases and for resource conservation purposes. Only hagfish species indigenous to Washington are exempted and conservation measures are being achieved through active fishery management actions.
Citation of Existing Rules Affected by this Order: Amending WAC 220-20-039.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04.055, 77.12.045, and 77.12.047.
Adopted under notice filed as WSR 14-22-110 on November 5, 2014.
Changes Other than Editing from Proposed to Adopted Version: The adopted version includes a change to clarify text that could have been interpreted as applying to all the categories of fish listed as exceptions to the permit requirement only applies to the exemption for mosquito fish.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 19, 2014.
Philip Anderson
Director
AMENDATORY SECTION (Amending WSR 13-02-043, filed 12/21/12, effective 1/21/13)
WAC 220-20-039 Live fish—Import and transfer.
(1) It is unlawful for any person, group, corporation, association, or government entity to import into, transport, transfer, sell, or possess within the state of Washington live fish and/or the viable sexual products of fish without first obtaining a permit to do so from the director. The only exceptions ((is)) to the permit requirement are for aquarium fish, game fish, indigenous marine baitfish, indigenous hagfish species and mosquito fish (genus Gambusia). The exception for mosquito fish applies only when used by agencies authorized by chapter 17.28 RCW. The permit must accompany the fish and/or sexual products at all times within the state of Washington and must be presented to department employees on demand.
(2) For any permit issued under subsection (1) of this section, the director may impose conditions as necessary to ensure the protection of food fish populations from infectious, contagious, or communicable diseases and pests.
(3) It is unlawful to violate the terms and conditions imposed on any permit issued under subsection (1) of this section. In addition to penalties provided by law, violation of the permit terms and conditions may result in the suspension and/or revocation of the permit.
(4) A violation of this section is punishable under RCW 77.15.253, 77.15.290, or 77.15.750, depending on the species, value of the species, and the circumstances underlying the violation.
|