Date of Adoption: July 23, 1999.

Purpose: Commercial fishing rules.

Statutory Authority for Adoption: RCW 75.08.080.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: This rule implements the provisions of chapter 103, Laws of 1999, and provides for delivery of salmon taken south of Cape Falcon, Oregon. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.

July 23, 1999

J. P. Koenings

Director

It is unlawful for a commercial salmon fisher who does not have a salmon delivery license to land salmon taken in offshore waters south of Cape Falcon, Oregon into a Washington state port, except as provided for in this section. The salmon may be landed from a fishing vessel if all of the following conditions are met:

(1) The person operating the vessel is a Washington resident who holds a valid Oregon or California salmon troll license.

(2) The salmon were taken lawfully during an Oregon or California salmon season.

(3) The person filed written notification with the department at least 10 working days prior to the landing of the salmon. Notice must be submitted on forms provided by the Department, shall contain the vessel name and official number, vessel operator/license holder, anticipated fishing dates, anticipated port of landing and any other information deemed necessary by the Department, and must be mailed or delivered to the following address, Washington State Department of Fish and Wildlife, 48A Devonshire Road, Montesano, WA 98563..

(4) There are no salmon or other food fish aboard that were taken north of Cape Falcon at the time of the landing.

(5) The person can document that the fishing vessel operated south of Cape Falcon. For purposes of this subsection, documentation includes but is not limited to dated Oregon or California receipts for the purchase of fuel or other fishing supplies for the vessel, or fish tickets from the sale of salmon in Oregon or California.

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Reviser's note: The typographical error 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.