WSR 03-10-010

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-79 -- Filed April 25, 2003, 11:54 a.m. ]

Date of Adoption: April 11, 2003.

Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Amending WAC 220-20-016.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 03-02-032 on December 23, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: Thirty-one days after filing.

April 25, 2003

Susan Yeager

for Will Roehl, Chair

Fish and Wildlife Commission

OTS-5663.3


AMENDATORY SECTION(Amending Order 01-32, filed 3/13/01, effective 4/13/01)

WAC 220-20-016   Sale and purchase of commercial caught salmon.   (1) It is unlawful for any person licensed to take salmon for commercial purposes as required under chapter 77.65 RCW to:

(a) Retain for personal use more than the equivalent of one daily sport bag limit for the area being fished. All salmon taken under commercial license must be recorded on state of Washington fish receiving tickets. The daily limit and possession limit described in this subsection also apply to crew members of the licensed fishing vessel.

(b) Sell any salmon he takes under such license to anyone other than a licensed wholesale dealer located within or outside the state of Washington: Provided, That a person who is himself licensed as a wholesale dealer under the provisions of RCW 77.65.280 may sell his catch to individuals or corporations other than licensed wholesale dealers.

(c) Sell, barter or attempt to sell or barter ((chum)) salmon eggs that have been removed from the body cavity of ((chum)) salmon unless all carcasses from which eggs have been removed are sold to the same buyer except this subsection does not apply to troll caught salmon or the eggs from such salmon.

(d) Discard ((chum)) salmon that may be lawfully retained except fishers may discard salmon that are unmarketable due to pinniped predation.

(2) It is unlawful for any person licensed as a wholesale dealer as required under RCW 77.65.280 and acting in the capacity as an original receiver to purchase or attempt to purchase ((chum)) salmon eggs without also purchasing all male and female ((chum)) salmon taken by the fisher, including the salmon carcasses from which the eggs were removed.

[Statutory Authority: RCW 77.12.047. 01-07-015 (Order 01-32), 220-20-016, filed 3/13/01, effective 4/13/01. Statutory Authority: RCW 75.08.080. 99-24-011 (Order 99-202), 220-20-016, filed 11/19/99, effective 12/20/99; 85-11-020 (Order 85-43), 220-20-016, filed 5/10/85; 80-01-021 (Order 79-137), 220-20 -016, filed 12/14/79.]

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