Original Notice.

Preproposal statement of inquiry was filed as WSR 99-17-033.

Title of Rule: Modifications and housekeeping corrections to wholesale fish and shellfish dealer reporting rules.

Purpose: Amendments to chapter 220-69 WAC.

Statutory Authority for Adoption: RCW 75.08.080.

Statute Being Implemented: RCW 75.08.080.

Summary: Requires accounting for all crab delivered to dealers, including crab delivered but not purchased for any reason. Numerous housekeeping changes including replacement of "Department of Fisheries" with "Department of Fish and Wildlife" and correction of rule section number/letter references.

Reasons Supporting Proposal: The proposed rule change is needed to clarify that all crab harvested and not immediately returned to the water must be recorded on shellfish receiving tickets. Crab rejected by dealers because they are soft, female, dead or of sublegal size are an extraction from the resource and must be counted for allocation and conservation purposes. References to old Department of Fisheries are no longer relevant and should be changed to reflect current status. An error in rule section references that obviates the need for dealers to record the number of pounds landed by tribal fishers must be corrected.

Name of Agency Personnel Responsible for Drafting: Jay Odell, 1000 Point Whitney Road, Brinnon, WA 98320, (360) 796-4601; Implementation: Lew Atkins, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2325; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2373.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule changes clarify dealer reporting requirements by more explicitly stating that all crab delivered must be recorded as harvest, take home catch, or as weigh backs. Weigh backs are fish or shellfish delivered to dealers but not purchased, regardless of the reason. Crab may be rejected because they are dead, too soft, female or of sublegal size. The clarification would help to reduce wastage, undocumented or otherwise, and improve catch allocation accounting. Dealers are currently recording the number of pounds of shellfish and fish landed by tribal fishers but this entry is not technically required due to a typographical error. The rule proposal corrects that error.

Proposal Changes the Following Existing Rules: Amends chapter 220-69 WAC.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

2. Kinds of Professional Services That a Small Business Is Likely to Need in Order to Comply with Such Requirements: None required.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: No additional costs anticipated.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No.

5. Cost of Compliance for the 10% of Businesses That Are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs: Cost per employee; cost per hour of labor; or cost per one hundred dollars of sales: No compliance costs anticipated.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No costs anticipated so no steps taken.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The proposed rule was developed in consultation with the Puget Sound Crab Advisory Group, wholesale dealers, and tribal fishery managers. All were supportive or accepting of the proposal. A public hearing will be held and notification of the proposed change will be made in the Fish and Wildlife Commission published agenda.

8. A List of Industries That Will Be Required to Comply with the Rule: All non-Indian wholesale shellfish dealers will be required to comply.

A copy of the statement may be obtained by writing to Morris Barker, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2826, fax (360) 902-2944.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These are not hydraulic rules.

Hearing Location: Double Tree Hotel at the Quay, 100 Columbia Street, Vancouver, WA, on December 10-11, 1999, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by November 23, 1999, TDD (360) 902-2207, or (360) 902-2226.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2944, by December 9, 1999.

Date of Intended Adoption: December 10, 1999.

November 1, 1999

Evan Jacoby

Rules Coordinator

OTS-3556.1

AMENDATORY SECTION(Amending Order 76-153, filed 12/17/76)

WAC 220-69-210
Purpose.

The purpose of this chapter shall be to:

(1) Describe the use of all ((fisheries')) department catch reporting forms.

(2) Describe the duties of fisherman, sellers, deliverers, growers, purchasers, and receivers regarding catch reporting.

(3) Describe the required information on each catch reporting form.

(4) Describe the distribution of each copy of each catch reporting form.

(5) Describe the use of mechanical imprinters, imprinter cards, and imprinter plates.

(6) Describe the accountability methods for all catch reporting forms.

(7) Ensure compliance with all orders of this chapter.

[Order 76-153, § 220-69-210, filed 12/17/76.]

(1) Department ((of fisheries)) as referred to in this chapter means:

Department of ((Fisheries)) Fish and Wildlife

Data Processing Section

PO Box 43138

Olympia, Washington 98504-3138

Telephone (360) 902-2310 or (360) 902-2312

(2) Dealer as referred to in this chapter means the original purchaser or receiver of food fish, shellfish, or parts thereof.

(3) Buyer as referred to in this chapter means the person who receives food fish, shellfish, or parts thereof on behalf of a dealer whose name appears on the buyer's license.

(4) Fisher as referred to in this chapter means the person who catches or delivers food fish, shellfish, or parts thereof.

(5) Original receiver or receiver as referred to in this chapter means the first person in possession of food fish or shellfish in the state of Washington who is a licensed wholesale dealer or fish handler or who is acting in that capacity, after the food fish or shellfish have been caught or harvested by a commercial fisher.

(6) Treaty as referred to in this chapter means any person, group, or activity thereof made unique by virtue of descendancy from Indian tribes signatory to treaties made with the United States government in the mid-1850's where such treaties reserved certain rights in what is now the state of Washington or waters bordering that state.

(7) Nontreaty as used in this chapter means all entities not qualified by definition as treaty.

(8) Treaty Indian as referred to in this chapter means an individual treaty Indian fisher.

(9) Working day as referred to in this chapter means Monday through Friday exclusive of a Washington state or federal holiday.

[Statutory Authority: RCW 75.08.080.  94-01-001, § 220-69-220, filed 12/1/93, effective 1/1/94; 90-03-068 (Order 90-05), § 220-69-220, filed 1/19/90, effective 2/19/90.  Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-220, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  83-24-049 (Order 83-203), § 220-69-220, filed 12/2/83; 78-03-031 (Order 78-7), § 220-69-220, filed 2/17/78; Order 76-153, § 220-69-220, filed 12/17/76.]

(1) There is hereby created the following nontreaty fish receiving ticket forms to be prepared, printed, and distributed upon request, by the department ((of fisheries)): ((Cannery)) Puget Sound salmon, troll, marine, utility, and shellfish.  These forms shall contain space for the following information:

(a) Fisherman: Name of licensed deliverer.

(b) Address: Address of licensed deliverer.

(c) Boat name: Name or Coast Guard number of landing vessel.

(d) WDF boat registration: Washington department of ((fisheries)) fish and wildlife boat registration number.

(e) Gear: Code number or name of specific type of gear used.

(f) Fisherman's signature: Signature of licensed deliverer.

(g) Date: Date of landing.

(h) Dealer: Name of dealer, and department ((of fisheries')) number assigned to dealer.

(i) Buyer: Name of buyer, and department ((of fisheries')) number assigned to buyer.

(j) Receiver's signature: Signature of original receiver.

(k) Number of days fished: Days spent catching fish.

(l) Fish or shellfish caught inside or outside 3-mile limit: Check one box.

(m) Catch area: Salmon catch area code if salmon are caught.  Marine fish/shellfish catch area code if marine fish are caught or shellfish are caught or harvested.

(n) Tally space for dealer's use: Used at dealer's discretion.

(o) Species code: Department ((of fisheries')) assigned species code.

(p) Number of fish, species description, pounds, and value: Summary information for species landed.  All species or categories of bottomfish having a vessel trip limit must be listed separately (see WAC 220-44-050).

(q) Work area for dealer's use: Used at dealer's discretion.

(r) Total amount: Total value of landing.

(s) Take-home fish: Species, number, and pounds of fish or shellfish retained for personal use.

(t) Crew: Name and signature of crew members who take home fish.

(2) The ((cannery)) Puget Sound salmon fish receiving ticket shall be used for:

(a) Deliveries of nontreaty salmon caught in inland waters.

(b) Any other delivery of nontreaty salmon where the catch may be easily recorded.

(c) Any imports of fresh salmon into the state of Washington.

(3) The troll fish receiving ticket shall be used for:

(a) Deliveries of nontreaty coastal salmon and incidental catch.

(b) Any other nontreaty deliveries where the species delivered may be easily recorded.

(c) Any imports of fresh salmon into the state of Washington.

(4) The marine fish receiving ticket shall be used for:

(a) Nontreaty deliveries of marine fish or bottomfish that do not include salmon.

(b) Any imports of fresh marine fish or bottomfish.

(5) The utility fish receiving ticket shall be used for:

(a) Any nontreaty deliveries that do not include salmon, where other fish receiving tickets are not appropriate.

(b) Any imports of fresh fish or shellfish that do not include salmon.

(6) The shellfish receiving ticket shall be used for:

(a) Any nontreaty deliveries of shellfish.

(b) Any imports of fresh shellfish.

(c) Any incidental catch of bottomfish made while fishing for shellfish.  The species name, total pounds, and price per pounds must be entered for each species of bottomfish caught.

[Statutory Authority: RCW 75.08.080.  85-11-020 (Order 85-43), § 220-69-230, filed 5/10/85; 84-08-014 (Order 84-24), § 220-69-230, filed 3/27/84; 83-24-049 (Order 83-203), § 220-69-230, filed 12/2/83; 80-05-093 (Order 80-27), § 220-69-230, filed 5/2/80; 78-03-031 (Order 78-7), § 220-69-230, filed 2/17/78; Order 76-153, § 220-69-230, filed 12/17/76.]

(1) There is hereby created a treaty Indian fish receiving ticket form to be prepared, printed, and distributed upon request, by the department ((of fisheries)), which shall contain space for the following information:

(a) Tribal name: Name or identification number of tribe.

(b) Fisherman: Name or identification number of deliverer.

(c) Signature: Signature of deliverer on tribal copy of ticket.

(d) Date: Date of landing.

(e) Dealer: Name of dealer, and department ((of fisheries')) number assigned to dealer.

(f) Buyer: Name of buyer, and department ((of fisheries')) number assigned to buyer.

(g) Gear: Code name or number of specific gear type used.

(h) Receiver's signature: Signature of original receiver.

(i) Catch area: River name for river catch, salmon catch area for saltwater salmon catch, marine fish/shellfish catch area for nonsalmon saltwater catch.

(j) Tally space for dealer's use: Used at dealer's discretion.

(k) Species and description: Species name of fish landed.

(l) Number of fish, pounds, and value: Information for each species landed.

(m) Subtotal: Total price of catch landed.

(n) Tribal tax: Tribal tax collected.

(o) Total: Total price paid seller or deliverer.

(p) Take-home fish: Species, number, and pounds of fish retained for personal, ceremonial, or subsistence use.

(2) The treaty Indian fish receiving ticket shall be used for any deliveries of fish or shellfish caught by Washington treaty Indians.

[Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-234, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  85-11-020 (Order 85-43), § 220-69-234, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-234, filed 12/2/83; 80-05-093 (Order 80-27), § 220-69-234, filed 5/2/80; 78-03-031 (Order 78-7), § 220-69-234, filed 2/17/78; Order 76-153, § 220-69-234, filed 12/17/76.]

(1) There is hereby created an aquaculture production report form to be prepared, printed and distributed on request by the department ((of fisheries)).  The aquatic farmer shall provide the following information:

(a) Firm name: Name of aquaculture firm and telephone number

(b) Firm address: Address of aquaculture firm

(c) Aquatic farm registration number: Department ((of fisheries)) assigned dealer number

(d) Species: Common name of species grown at aquatic farm site

(e) Quantity harvested for sale: Quantity, in production units, of each species harvested for sale each month

(f) Signature: Signature of firm executive or authorized representative and date signed

(2) The aquaculture production report shall be used for monthly reporting of aquaculture production as specified in WAC 220-69-243.

[Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-23402, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  81-03-032 (Order 81-6), § 220-69-23402, filed 1/13/81.]

(1) Every person originally receiving or purchasing fresh or iced food fish or shellfish or parts thereof, or frozen food fish or shellfish or parts thereof that have not been previously landed in another state, territory, or country from fishermen, firms, or individuals, regardless of whether or not the receiver or purchaser holds a license as required under Title 75 RCW, must immediately, completely, accurately, and legibly prepare the appropriate state of Washington fish receiving ticket regarding each and every purchase or receipt of such commodities.  Any employee of a licensed wholesale dealer who has authorization to receive or purchase fish or shellfish for that dealer on the premises of the primary business address or any of its branch plant locations shall be authorized to initiate and sign fish receiving tickets on behalf of his employer.  The business or firm shall be responsible for the accuracy and legibility of all such documents initiated in its name.  Each delivery must be recorded on a separate state of Washington fish receiving ticket.

(2) State of Washington fish receiving tickets are required for:

(a) Fresh food fish and shellfish landed in the state of Washington including fish or shellfish not purchased, which fish shall be recorded as weigh back or take home fish or shellfish.

(b) Fresh food fish and shellfish previously landed in another state, territory, or country and shipped or transported into the state of Washington to an original receiver.

(c) Frozen food fish or shellfish not previously landed in another state, territory, or country and shipped or transported into the state of Washington to an original receiver.

(3) State of Washington fish receiving tickets are not required for:

(a) Purchases or receipts made by individuals or consumers at retail.

(b) Purchases or receipts from any person possessing a valid Washington wholesale dealer's license except that a wholesale dealer purchasing fish from a commercial fisherman or shellfish gatherer shall complete the appropriate fish receiving ticket regardless of whether the commercial fisherman or shellfish gatherer possesses a wholesale dealer's license.  It is the purchaser's responsibility to obtain the name, address, and Washington wholesale dealer's license number, together with such sales receipt documents or information as may be required, to show the deliverer's name, quantity of fish, and date of the transaction and retain these with the food fish or shellfish.

(c) Fresh or frozen food fish or shellfish that are in transit through the state of Washington, if no storage, handling, processing, or repackaging occurs within the state.

(d) Private sector cultured aquatic products.

(4) Fishermen, fishermen-wholesalers, and wholesalers shall determine the weight of baitfish contained in an average and normal brail and multiply the number of such brailers of baitfish by this weight factor and report such baitfish in both dozens and total weight: Provided, That it is lawful for such fishermen, fishermen-wholesalers, and wholesalers, when receiving herring, candlefish, anchovy, or pilchards for bait purposes, to delay completing that portion of the fish receiving ticket which indicates number of herring received, only if the herring, candlefish, anchovy, or pilchards are sold individually or counted as dozens.  Such counts must be entered on the fish tickets immediately.  An estimate of herring, candlefish, anchovy, or pilchards caught but not sold due to mortality must be included on the fish ticket as "loss estimate."

(5) It is lawful for an original receiver, when receiving purse seine-caught herring taken from Areas 20A, 20B, 21A, and 21B during the period April 15 through May 31, to delay completing that portion of the fish receiving ticket which indicates the weight of herring received only until the herring are off-loaded from the original receiver's vessel.  The herring must then be weighed and the weight immediately entered in the appropriate space on the ticket.  A separate state of Washington fish receiving ticket must be initiated at the time of each individual receipt of herring from the purse seine catching vessel.

(6) The original receiver of herring taken from Puget Sound Marine Fish-Shellfish Catch Areas 20A, 20B, 21A, and 21B, during the period April 16 through May 31 must report each calendar day's receipts by noon of the following day to the Department of Fish and Wildlife, Olympia, Washington; telephone (360) 753-6637.

(7) It is unlawful for any person receiving or purchasing geoducks from fishermen, firms, or individuals, regardless of whether or not the purchaser or receiver holds a license as required under Title 75 RCW, to fail to accurately and legibly complete the fish receiving ticket initiated on the harvest tract immediately upon the actual landing of geoducks from the harvesting vessel onto the shore.  This fish receiving ticket shall accompany the harvested geoducks from the department of natural resources harvest tract to the point of landing.

(8) It is unlawful for the original receiver of Pacific whiting to fail to enter an estimated weight of Pacific whiting on the fish receiving ticket immediately upon completion of the landing.  The exact weights of whiting, by grade, and all incidental species in the landing must be entered on the fish receiving ticket within twenty-four hours of the landing.

(9) It is unlawful for the original receiver of shrimp other than ghost shrimp taken from Puget Sound to fail to report to the department the previous day's purchases by 10:00 a.m. the following morning.  Such report must be by telephone call to the Point Whitney Shellfish Laboratory or by facsimile transmission (FAX) to the Point Whitney Shellfish Laboratory.  All reports must specify the total number of pounds caught by gear type, Marine Fish-Shellfish Management and Catch Reporting Area, and species.  The fish receiving ticket reporting requirement of WAC 220-69-240 remains in effect.

(10) It is unlawful for the original receiver to fail to initiate the completion of the fish receiving ticket immediately upon receipt of any portion of a commercial catch.  Should the unloading of a catch take more than one day, the date that the unloading is completed shall be entered on the fish receiving ticket as the date of landing.  If, for any purpose, the vessel leaves the unloading site, the original receiver must immediately enter the current date on the fish receiving ticket.

[Statutory Authority: RCW 75.08.080.  97-08-052 (Order 97-55), § 220-69-240, filed 3/31/97, effective 5/1/97.  Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-240, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  85-11-020 (Order 85-43), § 220-69-240, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-240, filed 12/2/83; 82-17-040 (Order 82-105), § 220-69-240, filed 8/13/82; 81-11-006 (Order 81-31), § 220-69-240, filed 5/11/81; Order 77-14, § 220-69-240, filed 4/15/77; Order 76-153, § 220-69-240, filed 12/17/76.]

(1) Every fisherman selling his food fish or shellfish to the consumer, restaurant, boathouse, or other retail outlet, and every fisherman who places, or attempts to place, into inter-state commerce any food fish or shellfish previously landed in this state, or caught, or harvested from the territorial waters of this state, is required to:

(a) Immediately, completely, accurately, and legibly prepare the appropriate state of Washington fish receiving ticket in his own name for each retail sale or out-of-state shipment so made, or

(b) At the close of each day's business, completely, accurately, and legibly prepare the appropriate state of Washington fish receiving ticket in his own name for the total day's activities, or

(2) In the commercial geoduck fishery, a vessel operator so designated by the geoduck tract holder must be present at all times on each vessel commercially harvesting geoducks or having commercially harvested geoducks aboard.  For each day's harvest of geoducks from each tract, the designated operator must legibly and accurately enter the following information on a fish receiving ticket before leaving the department of natural resources geoduck harvest tract:

(a) Enter in the "dealer's use" column the number of cages of geoducks harvested.

(b) Write across the top of the fish receiving ticket directly below the tear strip, the harvest vessel name, its Washington department ((of fisheries)) identification number and the date.

(c) Sign the fish receiving ticket as the fisherman.

[Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-241, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  83-24-049 (Order 83-203), § 220-69-241, filed 12/2/83; 81-11-006 (Order 81-31), § 220-69-241, filed 5/11/81; 81-03-032 (Order 81-6), § 220-69-241, filed 1/13/81; Order 76-153, § 220-69-241, filed 12/17/76.]

(1) WAC 220-69-230 (1)(a) through (m), (p), (s), and (t) shall be required on each completed nontreaty fish receiving ticket except that WAC 220-69-230 (1)(s) and (t) are not required for bottom fish landings from Pacific Ocean waters and waters of Puget Sound west of the mouth of the Sekiu River.

(2) A valid license card or duplicate license card issued by the department ((of fisheries)) shall be used in conjunction with an approved mechanical imprinter in lieu of WAC 220-69-230 (1)(a) through (e) except as provided in WAC 220-69-273.

(3) A valid dealer or buyer card issued by the department ((of fisheries)) shall be used in conjunction with an approved mechanical imprinter in lieu of WAC 220-69-230 (1)(h) and (i).

(4) During the period December 1 through December 30, the crab inspection certificate number is a required entry on all shellfish receiving tickets documenting landings and sale of Dungeness crab from Pacific Ocean, Coastal Washington, Grays Harbor, Willapa Harbor, and Columbia River waters.  The crab inspection certificate number must be entered legibly on the left hand side of the ticket in the space indicated for dealer's use.

(((5) The Puget Sound crab pot/buoy brand certification number is a required entry on all shellfish receiving tickets documenting landings and sale of Dungeness crab taken with shellfish pot gear from Puget Sound waters.  The Puget Sound crab pot/buoy brand certification number must be entered legibly on the left hand side of the ticket in the space indicated for dealer's use.))

[Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-250, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  85-11-020 (Order 85-43), § 220-69-250, filed 5/10/85; 85-01-010 (Order 84-214), § 220-69-250, filed 12/7/84; 84-08-014 (Order 84-24), § 220-69-250, filed 3/27/84; 83-24-049 (Order 83-203), § 220-69-250, filed 12/2/83; Order 76-153, § 220-69-250, filed 12/17/76.]

(1) WAC 220-69-234 (1)(a) through (((k), (m), (n), (q), and (r))) (l) and (p) shall be required on each completed treaty Indian fish receiving ticket.

(2) A valid treaty Indian identification card may be used in lieu of WAC 220-69-234 (1)(a) and (b).

(3) A valid dealer or buyer card issued by the department ((of fisheries)) shall be used in lieu of WAC 220-69-234 (1)(e) and (f).

[Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-254, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  85-11-020 (Order 85-43), § 220-69-254, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-254, filed 12/2/83; 78-03-031 (Order 78-7), § 220-69-254, filed 2/17/78; Order 76-153, § 220-69-254, filed 12/17/76.]

State of Washington Puget Sound and troll fish receiving tickets shall be made out in quadruplicate (four copies) at the time of landing.  Upon completion of the fish receiving ticket the copies shall be distributed as follows:

(1) The dealer copy #1 (white) shall be retained by receiver for their use.

(2) The state copy (green) shall be mailed to the department ((of fisheries)).  It is required that the state copies be received by the department no later than the sixth working day after the day the ticket was completed by the original receiver.

(3) Dealer copy #2 (yellow) shall be retained by receiver for their use.

(4) Fisher copy (gold) shall be retained by the deliverer for their use.

[Statutory Authority: RCW 75.08.080.  94-01-001, § 220-69-260, filed 12/1/93, effective 1/1/94; 91-05-015 (Order 91-07), § 220-69-260, filed 2/8/91, effective 3/11/91; 90-03-068 (Order 90-05), § 220-69-260, filed 1/19/90, effective 2/19/90.  Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-260, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  83-24-049 (Order 83-203), § 220-69-260, filed 12/2/83; 80-05-093 (Order 80-27), § 220-69-260, filed 5/2/80; Order 76-153, § 220-69-260, filed 12/17/76.]

State of Washington marine and utility fish receiving tickets shall be made out in quadruplicate (four copies) at the time of landing.  Upon completion of the fish receiving ticket, the copies shall be distributed as follows:

(1) The dealer copy #1 (white) shall be retained by receiver for their use.

(2) The state copy (green) shall be mailed to the department ((of fisheries)).  It is required that the state copy be received by the department no later than the sixth working day after the day the ticket was completed by the original receiver.

(3) The dealer copy #2 (yellow) shall be retained by receiver for their use.

(4) The fisherman copy (gold) shall be retained by the deliverer for their use.

[Statutory Authority: RCW 75.08.080.  91-05-015 (Order 91-07), § 220-69-262, filed 2/8/91, effective 3/11/91.  Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-262, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  83-24-049 (Order 83-203), § 220-69-262, filed 12/2/83; Order 76-153, § 220-69-262, filed 12/17/76.]

State of Washington treaty Indian fish receiving tickets shall be made out in quintuplicate (five copies) at the time of landing.  Upon completion of the treaty Indian fish receiving ticket, the copies shall be distributed as follows:

(1) The dealer copy #1 (white) shall be retained by receiver for their use.

(2) The state copy (green) and the game copy (pink) shall be mailed to the Northwest Indian Fisheries Commission, P.O. Box 5247, Lacey, Washington 98503.  It is required that the state copy and game copy be received by the Northwest Indian Fisheries Commission no later than the sixth working day after the day the ticket was completed by the original receiver.

(3) The tribal copy (yellow) shall be mailed with the state and game copies to the Northwest Indian Fisheries Commission, P.O. Box 5247, Lacey, Washington 98503: Provided, That upon written agreement received by the department ((of fisheries)) from a specific tribe and buyer indicating the desire to transmit the tribe's copy directly to the fisherman's tribe, then that one copy may be so disposed.

(4) The fisherman copy (gold) shall be retained by the deliverer for their use.

[Statutory Authority: RCW 75.08.080.  91-05-015 (Order 91-07), § 220-69-264, filed 2/8/91, effective 3/11/91; 90-03-068 (Order 90-05), § 220-69-264, filed 1/19/90, effective 2/19/90.  Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-264, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  85-11-020 (Order 85-43), § 220-69-264, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-264, filed 12/2/83; 80-05-093 (Order 80-27), § 220-69-264, filed 5/2/80; Order 76-153, § 220-69-264, filed 12/17/76.]

State of Washington shellfish receiving tickets shall be made out in quintuplicate (five copies) at the time of landing.  Upon completion of the shellfish receiving ticket, the copies shall be distributed as follows:

(1) The dealer copy #1 (white) shall be retained by receiver of their use.

(2) The state copy #1 (green) shall be mailed to the department ((of fisheries)).  It is required that the state copy be received by the department no later than the sixth working day after the day the ticket was completed by the original receiver.

(3) The state copy #2 (pink) shall be mailed with state copy #1 (green) to the department ((of fisheries)).

(4) The dealer copy #2 shall be retained by the receiver for their use.

(5) The fisherman copy (gold) shall be retained by the deliverer for their use.

[Statutory Authority: RCW 75.08.080.  91-05-015 (Order 91-07), § 220-69-26401, filed 2/8/91, effective 3/11/91.  Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-26401, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  83-24-049 (Order 83-203), § 220-69-26401, filed 12/2/83; 80-05-093 (Order 80-27), § 220-69-26401, filed 5/2/80.]

(1) Upon lawful application for a wholesale dealer's license, a dealer's plate will be issued by the department ((of fisheries)) for any receiver acting as or intending to act as an original receiver.  The receiver's plate will be designed for use with an approved mechanical imprinting device and shall contain the dealer's name, dealer's license number, year for which the license is valid, and department ((of fisheries')) dealer number.

(2) Upon lawful application for a wholesale buyer's license or a branch plant license, a buyer's plate will be issued by the department ((of fisheries)) for any buyer acting or intending to act on the behalf of an original receiver.  The buyer's plate will be designed for use with an approved mechanical imprinting device and shall contain the dealer's name, dealer's license number, year for which the license is valid, department ((of fisheries')) dealer number, buyer name, and department ((of fisheries')) buyer number.

[Statutory Authority: RCW 75.08.080.  80-05-093 (Order 80-27), § 220-69-271, filed 5/2/80; 78-03-031 (Order 78-7), § 220-69-271, filed 2/17/78; Order 76-153, § 220-69-271, filed 12/17/76.]

Use of a mechanical imprinter approved by the department ((of fisheries)), in conjunction with a license card or treaty Indian identification card to identify the deliverer, and a dealer plate or buyer plate to identify the receiver on all state of Washington fish receiving tickets is hereby made mandatory.

Provided, That license card information may be recorded manually on the state of Washington fish receiving tickets in the following exceptions:

(1) Oregon licensed fishers delivering fish caught in the Columbia River.

(2) Purchases made from out-of-state firms.

(3) Fishers selling on a delivery license who have not received a delivery license card from the department at the time of their first sale.  All subsequent sales require use of a license card.

[Statutory Authority: RCW 75.08.080.  94-01-001, § 220-69-273, filed 12/1/93, effective 1/1/94.  Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-273, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  83-24-049 (Order 83-203), § 220-69-273, filed 12/2/83; Order 76-153, § 220-69-273, filed 12/17/76.]

Only current year state of Washington fish receiving tickets shall be used, and shall be subject to the following orders:

(1) Official state of Washington fish receiving tickets may be ordered free of charge from the department ((of fisheries)).

(2) Fish receiving ticket books shall be used in numerical sequence, starting with the lowest numbered ticket book issued to the purchaser or receiver.

(3) Fish receiving tickets or ticket books shall not be transferred from one purchaser or receiver to another purchaser or receiver without written permission from the department ((of fisheries)).

(4) Any purchaser or receiver terminating business shall notify the department ((of fisheries)) in writing and shall return all unused fish receiving tickets and ticket books to the department ((of fisheries)) within thirty days after termination of business.

(5) All fish receiving tickets that are incorrectly made out, voided, or otherwise unused, shall be submitted to the department ((of fisheries)) accompanying, and in sequence with, other fish receiving tickets.

(6) All fish receiving tickets that are lost, destroyed, or otherwise missing, shall be accounted for in writing to the department ((of fisheries)).

[Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-280, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  85-11-020 (Order 85-43), § 220-69-280, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-280, filed 12/2/83; 82-17-040 (Order 82-105), § 220-69-280, filed 8/13/82; 80-05-093 (Order 80-27), § 220-69-280, filed 5/2/80; 78-03-031 (Order 78-7), § 220-69-280, filed 2/17/78; Order 76-153, § 220-69-280, filed 12/17/76.]

There is hereby created a state of Washington annual production report form to be prepared, printed, and distributed annually by the department ((of fisheries)) to all wholesale dealers, canners, custom canners, and by-product manufacturers.  The annual production report shall be completed and returned to the department of fisheries not later than January 31 for the preceding year of business activities.

[Order 76-153, § 220-69-290, filed 12/17/76.]

(1) It is unlawful for any person to transport commercial quantities of food fish or shellfish in Washington state unless the person has in possession a completed state of Washington commercial food fish and shellfish transportation ticket (referred to hereafter as a "transportation ticket").

(2) The transportation ticket shall contain space for:

(a) The name of the fisherman who caught the fish.

(b) The fisherman's vessel registration number.

(c) The signature of the fisherman or additional operator.

(d) The name of the transporter.

(e) The signature of the transporter.

(f) The catch area where the food fish or shellfish were caught.

(g) The species of food fish or shellfish being transported.

(h) The number or approximate pounds of food fish or shellfish being transported.

(3) The information in subsection (2)(a) through (h) of this section are required entries on all completed transportation tickets.

(4) The transportation ticket is to be mailed together with the state copy of the fish receiving ticket as provided for in WAC 220-69-260, 220-69-262, 220-69-264, and 220-69-26401.

(5) It is unlawful for any transporter of commercial quantities of food fish or shellfish to fail to show the transportation ticket, on demand, to a ((fisheries patrol)) fish and wildlife officer or ex officio ((fisheries patrol)) fish and wildlife officer.

(6) The provisions of this section do not apply to:

(a) Food fish and shellfish purchased at retail, provided the purchaser has, in possession, a sales receipt documenting purchase.

(b) Food fish or shellfish for which a fish receiving ticket has been completed.

(c) Food fish or shellfish being transported by the department.

(d) Hatchery carcass sales.

(e) Private sector cultured aquatic products in transport.

(f) Food fish or shellfish being transported on an Oregon transportation ticket.

(g) Food fish or shellfish being transported in the catching vessel.

[Statutory Authority: RCW 75.08.080 and 75.58.040.  86-19-043 (Order 86-102), § 220-69-300, filed 9/12/86.  Statutory Authority: RCW 75.08.080.  85-11-021 (Order 85-44), § 220-69-300, filed 5/10/85.]

© Washington State Code Reviser's Office