WSR 17-01-054 PERMANENT RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 16-327—Filed December 14, 2016, 9:33 a.m., effective January 14, 2017] Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of the rule is to expressly prohibit fishing guides and charter boat operators from reusing charter stamps rather than issuing new stamps as contemplated by RCW 77.32.430. The adoption of the proposed rule will do the following: (1) Lay out the process for validating charter stamps so the stamps cannot be reused; and (2) ensure that charter stamp validation violations and the reuse of stamps are penalized appropriately.
Adopted under notice filed as WSR 16-17-053 on August 11, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 11, 2016.
Brad Smith, Chair
Fish and Wildlife Commission
NEW SECTION
WAC 220-69-23801 Charter stamps—Charter boat and guide operator issuance duties.
It is unlawful for a charter boat or guide operator to fail to comply with the charter stamp validation requirements as provided for in this section.
(1) Before any fishing commences, the charter boat or guide operator shall write the validation date across every charter stamp issued to a client in ink. The validation date is the first day on which a client may fish for, harvest or possess fish, shellfish, or seaweed.
(2)(a) Each failure to validate a charter boat stamp is punishable as an infraction under RCW 77.15.160, so long as the charter boat or guide operator has not committed prior infractions under this subsection in the same calendar year involving a cumulative stamp value of more than one hundred fifty dollars.
(b) Each failure to validate a charter boat stamp is punishable as a gross misdemeanor under RCW 77.15.813 when the charter boat or guide operator has previously committed infractions under (a) of this subsection in the same calendar year involving a cumulative value of more than one hundred fifty dollars.
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