WSR 17-21-006 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-267—Filed October 5, 2017, 1:14 p.m., effective October 5, 2017, 1:14 p.m.] Effective Date of Rule: Immediately upon filing. Purpose: Amends commercial fishing rules to clarify salmon taken for personal use during a commercial fishery. Citation of Rules Affected by this Order: Amending WAC 220-354-030. Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest. Reasons for this Finding: This emergency rule is needed to clarify limits for personal use during a commercial salmon fishery. This rule will allow commercial fishermen to take home a daily limit of three salmon for personal use. The department of fish and wildlife has filed a preproposal to begin the permanent rule-making process. This rule is interim until permanent rules take effect. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 5, 2017. Joe Stohr
for J. W. Unsworth Director
NEW SECTION
WAC 220-354-03000B Sale and purchase of commercial caught salmon.
Notwithstanding the provisions of WAC 220-354-030, effective immediately until further notice the following rules apply:
(1) It is unlawful for any person licensed to take salmon for commercial purposes as required under chapter 77.65 RCW to:
(a) Retain for personal use more than three salmon per landing and delivery, regardless of species, provided that:
(i) The commercial season is open for the species taken and;
(ii) The fish retained are lawful to possess when taken by the gear type for which the person is licensed to fish.
(iii) The daily limit and possession limit described in this subsection also apply to crew members of the licensed fishing vessel.
(b) Fail to report and document all salmon taken during a commercial fishery on state of Washington fish receiving tickets, including fish retained for personal use.
(c) Sell any salmon taken under such license to anyone other than a licensed wholesale fish dealer located within or outside the state of Washington: Except that a person who is licensed as a wholesale fish dealer under the provisions of RCW 77.65.280 may sell his catch to individuals or corporations other than licensed wholesale fish dealers.
(d) Sell, barter or attempt to sell or barter salmon eggs that have been removed from the body cavity of salmon unless all carcasses from which eggs have been removed are sold to the same buyer. This subsection does not apply to troll caught salmon or the eggs from such salmon.
(e) Discard salmon that may be lawfully retained except fishers may discard salmon that are unmarketable due to pinniped predation.
(2) It is unlawful for any person acting in the capacity as an original receiver to purchase or attempt to purchase salmon eggs without also purchasing all male and female salmon taken by the fisher, including the salmon carcasses from which the eggs were removed.
(3) Violation of subsection (1)(a) is punishable under RCW 77.15.550; Violation of commercial fishing area or time—Penalty.
(4) Violation of subsection (1)(b) is punishable under 77.15.280; Reporting of fish or wildlife harvest—Rules violation—Penalty.
(5) Violation of subsection (1)(c) is punishable under RCW 77.15.620; Engaging in fish dealing activity—Unlicensed—Penalty.
(6) Violation of subsection (1)(d) and (2) are punishable under RCW 77.15.260; Unlawful trafficking in fish, shellfish, or wildlife—Penalty.
(7) Violation of subsection (1)(e) is punishable under RCW 77.15.170; Waste of fish and wildlife—Penalty.
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. |