FISH AND WILDLIFE
[Order 18-161—Filed July 13, 2018, 2:07 p.m., effective August 13, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This is to clarify the process for anglers who catch Canadian-based food fish and shellfish and land their catch in Washington state ports. The proposed change to the rule will make it easier for anglers to obtain a valid Canadian custom clearance number.
Citation of Rules Affected by this Order: Amending WAC 220-310-210 Possession and delivery of Canadian-origin food fish and shellfish.
Adopted under notice filed as WSR 18-10-104 on May 2, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 13, 2018.
Brad Smith, Chair
Fish and Wildlife Commission
AMENDATORY SECTION(Amending WSR 17-16-109, filed 7/28/17, effective 8/28/17)
WAC 220-310-210Possession and delivery of Canadian-origin food fish and shellfish.
(1) ((Canadian license required.)) It is unlawful to possess in marine waters or deliver into Washington shellfish or food fish taken for personal use from Canadian waters unless the person ((who)) also possesses ((or delivers the shellfish or food fish possesses)) a valid Canadian sport fishing license and catch record card, if one is required((, for the shellfish and food fish taken)).
(2) Canadian-origin rockfish restrictions: It is unlawful to possess yelloweye or canary rockfish taken for personal use from Canadian waters.
(3) Canadian-origin halibut restrictions:
(a) The daily limit of halibut is one daily limit, regardless of the origin of the halibut.
(b) The possession limit is two halibut if at least one halibut was taken from Washington waters. It is unlawful to possess in excess of the Canadian possession limit of halibut for the time and area fished if all halibut were taken from Canadian waters.
(c) It is unlawful to possess more than one daily limit of halibut aboard the fishing vessel.
(4) Canadian-origin salmon restrictions:
(a) It is unlawful to possess in marine waters or deliver into Washington any fresh salmon taken for personal use from Canadian waters unless:
(i) Such salmon ((meet current)) are in compliance with 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 clearance number obtained once they are in Canadian waters 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.)); or
(ii) The vessel operator obtained a valid Canadian customs clearance number while the vessel was moored at a Canadian government dock in Ucluelet, Victoria, Sydney, White Rock, or Bedwell Harbor, British Columbia; or
(iii) The vessel operator has completed and submitted the trip report via the internet at http://wdfw/licensing/canadian_catch.php.; and
(iv) The salmon in possession are in compliance with Canadian fishing regulations.
(b) It is unlawful to fish for any species in state or offshore waters from a vessel having Canadian-origin salmon aboard that do not meet the current salmon regulations for the waters being fished.
(c) It is unlawful for a fisher to fish for any species in state or offshore waters if the fisher possesses in the field any salmon that do not meet the current salmon regulations for the waters being fished.
(5) "Delivery" of Canadian-origin fish into Washington defined. For the purposes of this section, "delivery" means transportation by a private or commercial recreational fishing vessel. Delivery in Washington is complete when, within the state, the vessel anchors, moors, ties to a float or pier, or is placed or attempted to be placed on a boat trailer. "Delivery" is also complete if the fish or shellfish are offloaded from the vessel within state waters.