WSR 25-01-122
EXPEDITED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 24-17—Filed December 16, 2024, 3:19 p.m.]
Title of Rule and Other Identifying Information: The department of fish and wildlife (WDFW) seeks to amend WAC 220-356-160 Herring reporting, to update the current WDFW address that is listed for the submission of required commercial herring harvest logbooks and the herring baitfish report.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this expedited rule is to update the mailing address for the herring harvest logbook and the herring baitfish report.
Reasons Supporting Proposal: The WDFW La Conner office will be closing in 2025. The new address where the herring harvest logbooks and the herring baitfish report will need to be mailed to is Department of Fish and Wildlife, Marine Resources, P.O. Box 43150, Olympia, WA 98501.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, 77.12.047, and 77.12.210.
Statute Being Implemented: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Phill Dionne, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2641; and Enforcement: Chief Steve Bear, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2605.
This notice meets the following criteria to use the expedited adoption process for these rules:
Corrects typographical errors, makes address or name changes, or clarifies language of a rule without changing its effect.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: Based on the rationale of RCW 34.05.053 (1)(c), WDFW believes that an expedited rule-making process is appropriate because the proposed rules only seek to make an address change.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Scott Bird, Rules Coordinator, WDFW, P.O. Box 43200, Olympia, WA 98501, phone 360- 902-2403, fax 360-902-2155, email rules.coordinator@dfw.wa.gov, AND RECEIVED BY February 19, 2025.
December 16, 2024
Scott Bird
Rules Coordinator
OTS-6052.1
AMENDATORY SECTION(Amending WSR 17-22-100, filed 10/30/17, effective 1/1/18)
WAC 220-356-160Herring reporting.
(1) Herring fishers:
(a) All commercial herring fishers are required to obtain a department-issued herring reporting monthly logbook, and, pursuant to this section, enter the required information and remit the department's copies of the monthly logs.
(b) It is unlawful for the operator of the harvest vessel to fail to keep the logbook aboard the vessel while the vessel is engaged in herring fishing or has herring onboard. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.280.
(c) It is unlawful for any vessel operator engaged in herring fishing to fail to submit the department's copy of each month's log in which fishing activity occurs within ((ten))10 days of the end of the month, as evidenced by the mailing date on the envelope or the fax date, except that the operator may submit all logs of monthly activity prior to the month in which fishing activity commences at one time, and, when fishing activity terminates for the year may submit the logs for the remainder of the year at one time. Harvest logs must be submitted in ascending consecutive order of log serial numbers. The logs are required to be mailed to: Department of Fish and Wildlife, Marine Resources, P.O. Box ((1100, La Conner, WA 98257, or faxed to 360-466-0515))43150, Olympia, WA 98501. Violation of this subsection is a misdemeanor, punishable under RCW 77.15.280.
(d) Herring vessel operators responsible for submitting logs to the department must maintain the fisher's copy of all logs for one year, and have them available for inspection. It is unlawful for the vessel operator to fail to submit harvest logs for inspection upon request by fish and wildlife officers or authorized department marine fish-shellfish program employee. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.360.
(e) It is unlawful for vessel operators engaged in commercial herring fishing or possessing herring, to fail to permanently and legibly record in ink the following information within the following time constraints:
(i) Before each vessel trip, record the operator name, operator phone number, license holder name, the department issued registration number, date of fishing trip.
(ii) Immediately after the completion of each set, and prior to making a new set, record the set number, set start time, Marine Fish-Shellfish Catch Area, nearest landmark type, gear type, and weight in pounds of herring retained.
(iii) Immediately after each landing of fish, record the fish receiving ticket serial number and the names of the receivers of fish landed or pen number delivered to if the vessel operator also holds a wholesale fish buyer endorsement and is acting in the capacity of an original receiver. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.280.
(2) Herring baitfish processors:
(a) It is unlawful for original receivers who sell herring as baitfish to fail to report by January 15th of each year the total number of dozens of herring sold the previous year. The report must be made on a department supplied herring baitfish report form, and must report sales by size class. The form is required to be mailed to: Department of Fish and Wildlife, Marine Resources, P.O. Box ((1100, La Conner, WA 98257, or faxed to 360-466-0515))43150, Olympia, WA 98501. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.280.
(b) Herring processors responsible for submitting herring baitfish report forms must maintain the processor's copy of the form for one year, and have it available for inspection. It is unlawful for the processor to fail to submit herring baitfish report forms for inspection upon request by fish and wildlife officers or authorized department marine fish-shellfish program employee. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.360.