[Order 18-152—Filed July 6, 2018, 9:24 a.m., effective July 6, 2018, 9:24 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Amends recreational fishing rules for possession and delivery of Canadian-origin food fish and shellfish.

Citation of Rules Affected by this Order: Amending WAC 220-310-210.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.045, and 77.12.047.

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: Canadian Customs and Border Security regulations related to requirement for obtaining a customs clearance number have recently changed. This regulation is needed to provide an alternate means for persons seeking to possess and/or land Canadian caught fish in Washington waters or ports of call. The regulation helps ensure the viability of fishing related resort owners in Washington who want to act as a port of call for Washington fishers seeking to fish in adjacent Canadian waters. The modification to existing permanent regulations also maintains the enforceability of Washington fishing regulations established to meet conservation objectives by ensuring that fish possessed in Washington waters or ports of call are caught consistent with the rules and regulations for the waters from where they are harvested and that there is minimal opportunity for fishers in areas of international water boundaries to confuse their regulatory responsibilities. The department of fish and wildlife will be adopting this rule through the permanent rule-making process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 6, 2018.

WAC 220-310-21000DPossession and delivery of Canadian-origin food fish and shellfish

Notwithstanding the provisions of WAC 220-310-210, effective immediately until further notice, 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. However, if the vessel operator has a valid Canadian Customs and Border Protection clearance number obtained while the vessel was moored at a Canadian government dock in Ucluelet, Victoria, Sydney, White Rock, or Bedwell Harbour, British Columbia, OR has submitted the information listed below to the department; at http://wdfw.wa.gov/licensing/canadian_catch.php; trip date (departure and return dates if more than one day); number of individuals onboard; Vessel Registration Number; and Primary Operators information to include: WILD ID and email address OR Name, Date of Birth, phone number, physical address, and email address, 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.

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.