WSR 03-19-109

EXPEDITED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed September 16, 2003, 2:36 p.m. ]

Title of Rule: Direct retail sales rule.

Purpose: Amend direct retail sale rule.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: Chapter 387, Laws of 2003.

Summary: Adds sturgeon to list of retail-eligible species; changes endorsement issuance rules; changes landing rules; changes notification rules; changes location of sales and to who retail-eligible species may be sold.

Reasons Supporting Proposal: Specifically required by statutory change.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Phil Anderson, 1111 Washington Street, Olympia, 902-2720; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2372.

Name of Proponent: Department of Fish and Wildlife, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: None.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The direct retail sales statutes were modified by the 2003 legislature. This rule change reflects the addition of sturgeon to the list of species that may be sold under direct retail endorsement, the change that the endorsement may be issued at any time, the change that salmon do not have to be landed in the round (which benefits salmon troll fishers), the change in notification for inspection requirements, and the allowance of sale to restaurants or similar businesses. These changes will assist persons in sale under a retail endorsement.

Proposal Changes the Following Existing Rules: Amend rule to comply with statutory 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 THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Department of Fish and Wildlife, 600 Capitol Way, Olympia, WA 98501-1091 , AND RECEIVED BY November 17, 2003.


September 16, 2003

Evan Jacoby

Rules Coordinator

OTS-6564.3


AMENDATORY SECTION(Amending Order 03-32, filed 2/18/03, effective 3/21/03)

WAC 220-20-080   Sale under a direct retail endorsement.   It is unlawful for any fisher selling salmon, sturgeon or Dungeness crab taken by that fisher under a direct retail endorsement, or for a wholesale dealer accepting salmon, sturgeon or crab from such a fisher, to fail to comply with the requirements of this section.

(1) A direct retail endorsement will not be issued to a licensee who is other than a natural person ((and, after 2002, will only be issued upon renewal of a qualifying license)). Applicants for the endorsement must present a letter from the county health department of the fisher's county of residence certifying that the methods used by the fisher for transport, storage and display of product meet the county and statewide standards for food service operations. If the fisher is landing product from a documented vessel, the letter may be from the county health department of the hailing port of the vessel. Additionally, applicants must present a valid food and beverage service worker's permit at the time of application, and pay the direct retail administrative cost of fifty dollars. The health department letter, permit, and administrative cost are required for each application or renewal for a direct retail endorsement.

(2) Any fisher who offers salmon, sturgeon or crab for retail sale must complete a fish receiving ticket for all salmon, sturgeon or crab aboard the harvesting vessel before the product is offered for retail sale, except if the salmon, sturgeon or crab are being offered for sale directly off the catcher vessel, the fisher may complete the ticket with an estimated number or weight. At the completion of the retail activity, the fisher who has completed a ticket with an estimated number or weight is required to enter the actual number and weight of salmon, sturgeon or crab that were sold at retail. The price shown on the fish receiving ticket must be the actual sale price of the salmon, sturgeon or crab.

(3) Any fisher selling salmon, sturgeon or crab at retail((, which salmon or crab are)) if the product is taken from an area under the quick reporting requirements of WAC 220-69-240, is required to comply with the quick reporting requirement.

(4) ((Salmon)) Sturgeon and crab offered for retail sale must be landed in the round. Salmon may ((not)) be cleaned or headed ((until the fish ticket documenting the)) but not steaked or filleted prior to landing ((is completed)).

(5) In order to allow inspection and sampling, each fisher offering salmon, sturgeon or crab for retail sale at any location other than the harvesting vessel or, if from the harvesting vessel, in an amount having a retail value greater than one hundred fifty dollars must notify the department ((twenty-four)) eighteen hours prior to sale and identify the location of the fisher's vessel, temporary food service establishment ((except if the temporary food service establishment is in a county that did not issue the health certification letter, forty-eight hour notice is required)) or restaurant or other business which prepares and sells food at retail to which the fisher is selling the salmon, sturgeon or crab. The only acceptable notification is by telephone to 360-902-2936, fax to 902-2155, or e-mail to enforcement-web@dfw.wa.gov.

(6) ((Salmon or Dungeness crab sold under a retail sale endorsement may only be sold to a consumer. Sale is not allowed to any person who will resell the product, such as a restaurant. Dungeness crab must be sold uncooked.

(7))) Each fisher offering salmon, sturgeon or crab for retail sale must maintain a sequentially numbered receipt book, which receipt book contains a receipt duplicate copy, and must give each purchaser of salmon, sturgeon or crab a receipt showing the number, weight and value of salmon, sturgeon or crab sold to that purchaser. The duplicate receipts must be retained by the seller for one year.

(((8))) (7) If salmon, sturgeon or crab offered for retail sale and documented on a fish receiving ticket are subsequently sold to a licensed wholesale dealer, the sale must be documented by a sale receipt, not a fish receiving ticket, and it is the responsibility of the wholesale dealer to maintain the product separately, until the product is resold or processed.

(((9))) (8) Violations of ((subsections (2), (3), (7), and (8) of)) this section are punishable under RCW 77.15.640, Wholesale fish buying and dealing -- Rules violations.

(((10) Violations of subsections (4), (5), and (6) of this section are punishable under RCW 77.15.540.))

[Statutory Authority: RCW 77.12.047. 03-05-059 (Order 03-32), 220-20-080, filed 2/18/03, effective 3/21/03.]

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