WSR 16-07-140 PERMANENT RULES DEPARTMENT OF FISH AND WILDLIFE [Filed March 22, 2016, 4:23 p.m., effective April 22, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: A 60,000 pound quota was imposed on the commercial smelt fishery by the fish and wildlife commission in July 2014. This "quick reporting" requirement is required for other species in WAC 220-69-240. Under temporary rule quick reporting occurred during the 2014 and 2015 seasons, and this rule action makes this requirement permanent.
Citation of Existing Rules Affected by this Order: Amending WAC 220-49-005.
Adopted under notice filed as WSR 16-03-046 on January 14, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 4, 2016.
Brad Smith, Chair
Fish and Wildlife Commission
AMENDATORY SECTION (Amending WSR 14-15-006, filed 7/2/14, effective 8/2/14)
WAC 220-49-005 Puget Sound forage fish commercial fisheries—General provisions.
(1) It is unlawful to fish for or possess Puget Sound forage fish taken for commercial purposes except at the times, during the seasons and using the gear provided for in this chapter.
(2) It is unlawful to fish for or possess candlefish taken for commercial purposes. A violation of this subsection is punishable under RCW 77.15.550, Violation of commercial fishing area or time—Penalty.
(3) The total annual quota for the Puget Sound smelt commercial fishery may not exceed sixty thousand pounds.
(4) It is unlawful for vessel operators engaged in the commercial harvest of smelt from Puget Sound to fail to report their daily catch to the department by 2:00 p.m. the day following the harvest of smelt.
(a) Catch reports may be submitted to the department as follows:
(i) By e-mailing the catch report or a picture of the fish receiving ticket to smeltreport@dfw.wa.gov; or
(ii) By phone at 1-844-611-3822.
(b) Catch reports must include the following information as it is recorded on the fish receiving ticket:
(i) Fisher name;
(ii) Wholesale fish dealer name;
(iii) Pounds of smelt landed;
(iv) Marine fish/shellfish catch area, as described in WAC 220-22-400;
(v) Date of harvest;
(vi) Date of sale;
(vii) Complete fish ticket serial number, including the first alphanumeric letter; and
(viii) If a picture of the fish receiving ticket is e-mailed as the daily harvest report, the date of harvest must be recorded on the bottom half of the ticket.
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