WSR 18-01-095 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed December 18, 2017, 1:47 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-17-083 on August 16, 2017. Title of Rule and Other Identifying Information: The department is amending WAC 220-354-030 to allow crew members to retain salmon during a commercial salmon fishery. Hearing Location(s): On February 9-10, 2018, at 8:00 a.m., at the Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501. Date of Intended Adoption: March 17, 2018. Submit Written Comments to: Scott Bird, Washington Department of Fish and Wildlife (WDFW), Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, email Rules.Coordinator@dfw.wa.gov, fax 360-902-2155, by February 1, 2018. Assistance for Persons with Disabilities: Contact Delores Noyes, phone 360-902-2349, TTY 360-902-2207, email Delores.Noyes@dfw.wa.gov, by January 30, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending its rules based on the long-standing practice of allowing crew members to retain a limited amount of salmon for personal use during a commercial salmon fishery. Reasons Supporting Proposal: The rule is needed to clarify limits for salmon taken for personal use during an open commercial salmon fishery. Statute Being Implemented: None. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: WDFW, governmental. Name of Agency Personnel Responsible for Drafting and Implementation: Deputy Chief Mike Cenci, 1111 Washington Street, Olympia, WA 98501, 360-902-2938; and Enforcement: Chief Steve Bear, 1111 Washington Street, Olympia, WA 98501, 360-902-2373. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule changes do not affect hydraulics. The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. There are no known costs to individual boat owners/operators for implementing this rule. December 18, 2017 Scott Bird Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-22-100, filed 10/30/17, effective 1/1/18)
WAC 220-354-030 Sale and purchase of commercial caught salmon.
(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 ((the equivalent of one daily sport bag limit for the area being fished. All salmon taken under commercial license must be recorded on state of Washington fish receiving tickets. The daily limit and possession limit described in this subsection also apply to crew members of the licensed fishing vessel)) 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; and
(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.
(((b))) (c) Sell any salmon ((he takes)) taken under such license to anyone other than a wholesale fish buyer located within or outside the state of Washington: ((Provided, That a person who is himself a wholesale fish buyer may sell his catch to individuals or corporations other than wholesale fish buyer)) 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.
(((c))) (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 except this subsection does not apply to troll caught salmon or the eggs from such salmon.
(((d))) (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 a wholesale fish buyer 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) of this section is punishable under RCW 77.15.550 Violation of commercial fishing area or time—Penalty.
(4) Violation of subsection (1)(b) of this section is punishable under RCW 77.15.280 Reporting of fish or wildlife harvest—Rules violation—Penalty.
(5) Violation of subsection (1)(c) of this section is punishable under RCW 77.15.620 Engaging in fish dealing activity—Unlicensed—Penalty.
(6) Violation of subsections (1)(d) and (2) of this section are punishable under RCW 77.15.260 Unlawful trafficking in fish, shellfish, or wildlife—Penalty.
(7) Violation of subsection (1)(e) of this section is punishable under RCW 77.15.170 Waste of fish and wildlife—Penalty.
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