WSR 07-18-086

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed September 5, 2007, 8:46 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-03-033 and 07-09-088.

Title of Rule and Other Identifying Information: WAC 220-69-215, 220-69-240 and 220-69-241, accounting of commercial baitfish harvests, and quick reporting.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on October 12-13, 2007, at 8 a.m.

Date of Intended Adoption: On or after November 2-3, 2007.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail preuslmp@dfw.wa.gov, fax (360) 902-2155, by October 11, 2007.

Assistance for Persons with Disabilities: Contact Susan Yeager, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is not getting a full accounting of commercial baitfish harvests. Part of the reason stems from commercial fishermen's confusion regarding who is responsible for reporting baitfish harvests. Commercial fishermen also experience this confusion for other harvests that require quick reporting. These rules will alleviate confusion and provide for a full accounting of baitfish and other harvests.

Reasons Supporting Proposal: Currently, the Washington department of fish and wildlife is not getting a full accounting of commercial baitfish harvests. The department needs a full accounting in order to best manage the commercial baitfish resource.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

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

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Mike Cenci, 1111 Washington Street S.E., Olympia, (360) 642-5350; Implementation: Lew Atkins, 1111 Washington Street S.E., Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, (360) 902-2373.

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

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: Fish tickets must include total weight of harvested forage fish. While that is currently the case, these rule changes clarify how to account for forage fish used as bait to target other fish, such as albacore tuna. This harvest information was lost in the past due to confusion and unclear rules. Under these amended rules, forage fish caught for use as bait will be accounted for at the time target fish are landed. If live bait is transferred from the catcher boat to another vessel, these rule changes clarify whose responsibility it is to complete the fish receiving ticket.

2. Kinds of Professional Services that a Small Business is Likely to Need in Order to Comply With Such Requirements: None - catch accounting is something that these businesses are already required to do. These rule changes clarify when forage fish used for live bait must be accounted for.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: None 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:

A. Cost per employee;

B. Cost per hour of labor; or

C. Cost per one hundred dollars of sales.

There are no anticipated costs of compliance.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses, or Reasonable Justification for not Doing So: Enforcement personnel have been making field contacts with purchasers and receivers to provide direction and to determine where the confusion lies in the rules, which is hindering compliance. No costs are anticipated from the clarifying proposals.

7. A Description of How the Agency will Involve Small Businesses in the Development of the Rule: The department will hold a public hearing of the proposed rules at the fish and wildlife commission meeting on October 12-13, 2007, in Olympia, Washington, where small businesses and the public can provide their additional comments on the rules.

8. A List of Industries That Will be Required to Comply With the Rule: All original purchasers and receivers of fish and shellfish, and commercial fishermen who catch forage fish for bait purposes.

A copy of the statement may be obtained by contacting Lori Preuss, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail preuslmp@dfw.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. These proposals do not affect hydraulics.

September 5, 2007

Loreva M. Preuss

Rules Coordinator

OTS-9689.4


AMENDATORY SECTION(Amending WSR 07-04-030, filed 1/29/07, effective 3/1/07)

WAC 220-69-240   Duties of commercial purchasers and receivers.   (1) It is unlawful for any person originally receiving fresh or iced fish or shellfish or frozen fish or shellfish that have not been previously delivered in another state, territory, or country, except purchases or receipts made by individuals or consumers at retail, to fail to be a licensed wholesale fish dealer or fish buyer, and to fail to immediately, completely, accurately, and legibly prepare the appropriate state of Washington fish receiving ticket ((regarding)) for each and every purchase or receipt of such commodities. Each delivery must be recorded on a separate fish receiving ticket. Failure to be licensed under this subsection is punishable under RCW 77.15.620.

(2) It is unlawful for any person originally receiving fresh or iced fish or shellfish previously delivered in another state, territory, or country, to fail to be a licensed wholesale fish dealer or fish buyer, and to fail to immediately, completely, accurately, and legibly prepare the appropriate state of Washington fish receiving ticket ((regarding)) for each and every purchase or receipt of such commodities. Failure to prepare a fish receiving ticket under this subsection is punishable under RCW 77.15.630.

(3) It is unlawful for any original receiver of crab or spot shrimp to fail to record all crab or spot shrimp aboard the vessel making the delivery to the original receiver. The poundage of any fish or shellfish deemed to be unmarketable, discards, or ((weighbacks)) weigh backs must be shown on the fish receiving ticket and identified as such, but a zero dollar value may be entered for such fish or shellfish. Failure to prepare a fish receiving ticket under this subsection is punishable under RCW 77.15.630.

(((a) Failure to be licensed under this subsection is punishable under RCW 77.15.620.

(b) Failure to prepare a fish receiving ticket under this subsection in punishable under RCW 77.15.630.))

(4) 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 as declared on the license application, shall be authorized to initiate and sign fish receiving tickets on behalf of his employer. The business ((or)), firm, and/or licensed wholesale fish dealer who the buyers are operating under shall be responsible for the accuracy and legibility of all such documents initiated in its name.

(5) It is unlawful for the original receiver to fail to initiate the completion of the fish receiving ticket upon receipt of any portion of a commercial catch. Should the delivery of the catch take more than one day, the date that the delivery is completed ((is required to)) must be entered on the fish receiving ticket as the date of delivery. If, for any reason, the delivery vessel leaves the delivery site, the original receiver must immediately enter the current date on the fish receiving ticket. Violation of this subsection is punishable under RCW 77.15.630.

(6) Forage fish: It is unlawful for any person receiving forage fish to fail to report the forage fish on fish receiving tickets ((that are)) initiated and completed on the day the forage fish are delivered. Herring are also required to be reported on herring harvest logs. The harvested amount of forage fish ((is to)) must be entered upon the fish ticket when the forage fish are off-loaded from the catcher vessel. 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." In the coastal pilchard fishery, the amount of pilchards, by weight, purchased for the purposes of conversion into fish flour, ((fish meal)) fishmeal, fish scrap, fertilizer, fish oil, other fishery products, or by-products for purposes other than human consumption or fishing bait, must be included on the fish ticket as "reduction."

Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

(7) Geoduck: It is unlawful for any person receiving geoducks, regardless of whether or not the receiver holds a license as required under Title 77 RCW, to fail to accurately and legibly complete the fish receiving ticket initiated on the harvest tract immediately upon the actual delivery 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 delivery. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

(8) Pacific whiting: 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 delivery. The exact weights of whiting, by grade, and all incidental species in the delivery must be entered on the fish receiving ticket within twenty-four hours of the landing. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

(9) Puget Sound shrimp - Pot gear: It is unlawful for the original receiver of shrimp other than ghost shrimp taken from Puget Sound by pot gear to fail to report to the department the previous week's purchases by 10:00 a.m. the following Monday. For harvest in Crustacean Management Regions 1 or 2, reports must be made to the La Conner district office by ((voice)) phone at 360-466-4345, extension 245, or ((facsimile)) by fax at 360-466-0515. For harvest in Crustacean Management Regions 3, 4, or 6, reports must be made to the Point Whitney Shellfish Laboratory by ((voice 1-866-859-8439)) phone at 1-360-796-4601, ((extension 800)) option 1, or ((facsimile)) by fax at 360-586-8408. All reports must specify the serial numbers of the fish receiving tickets on which the previous week's shrimp were sold, ((and)) plus the total number of pounds caught by gear type, the Marine Fish-Shellfish Management and Catch Reporting Area (Catch Area), and the species listed on each ticket. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

(a) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Area 23A, to fail to record either 23A-C, 23A-E, 23A-W, or 23A-S on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

(b) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Area 26A, to fail to record either 26A-E or 26A-W on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

(c) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Area 26B, to fail to record either 26B-1 or 26B-2 on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

(d) It is unlawful for any person originally receiving or purchasing shrimp, other than ghost shrimp, harvested from Catch Areas 20B, 21A, and 22A, to fail to record either 1A-20B, 1A-22A, 1B-20B, 1B-21A, 1B-22A, or 1C-21A on shellfish receiving tickets based on the location of harvest and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

(10) Puget Sound shrimp - Trawl gear: It is unlawful for the original receiver of shrimp other than ghost shrimp taken from Puget Sound by trawl gear to fail to report to the department the previous day's purchases by 10:00 a.m. the following morning. For harvest in Crustacean Management Region 1, reports must be made to the La Conner district office by ((voice)) phone at 360-466-4345, extension 245, or ((facsimile)) by fax at 360-466-0515. For harvest in Crustacean Management Region 3, reports must be made to the Point Whitney Shellfish Laboratory by ((voice 1-866-859-8439)) phone at 1-360-796-4601, ((extension 600)) option 1, or ((facsimile)) by fax at 360-586-8408. All reports must specify the serial numbers of the fish receiving tickets on which the previous day's shrimp were sold, ((and)) the total number of pounds caught by gear type, the Marine Fish-Shellfish Management and Catch Reporting Area, and the species listed on each ticket. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

(11) Puget Sound crab: It is unlawful for any wholesale dealer acting in the capacity of an original receiver of Dungeness crab taken by nontreaty fishers, from Puget Sound, to fail to report to the department the previous day's purchases by 10:00 a.m. the following business day. Reports must be made to the ((La Conner District Office)) Point Whitney Shellfish Laboratory by ((facsimile 360-466-0515)) fax at 360-586-8408 or by ((telephone number)) phone at 1-866-859-8439 ((extension 500)), option 5, and must specify the dealer name((,)); dealer phone number((,)); date of delivery of crab to the original receiver((,)); and the total number of pounds of crab caught by nontreaty fishers, by Crab Management Region or by Marine Fish-Shellfish Management and Catch Reporting Area. The fish receiving ticket reporting requirement of WAC 220-69-240 remains in effect. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

(12) Salmon and sturgeon:

(a) During any Puget Sound fishery opening that is designated ((by rule)) as "quick reporting required," per WAC 220-47-001;

(i) It is unlawful for any wholesale dealer acting in the capacity of an original receiver to fail to report all purchases of salmon and sturgeon made on the previous calendar day, or for a direct retail endorsement (DRE) holder to fail to report all salmon offered for retail sale on the previous calendar day.

(ii) The report must include dealer or DRE holder name and purchasing location, date of purchase, each fish ticket number, including alpha, used on the purchasing date, and the following catch data for each ((species purchased)) fish ticket used: Total number of days fished, gear, catch area, species, number, and total weight ((of fish)) for each species purchased, and all take home fish not purchased (wholesale dealer) or sold (DRE).

(iii) When quick reporting is required, ((it is unlawful to fail to comply with the following reporting requirements:

(a))) Puget Sound reports must be submitted by 10:00 a.m. on the day after the purchase date. Venue is the county where the submitted reports are required to go. Reports can be submitted via fax at 360-902-2949; via e-mail at psfishtickets@dfw.wa.gov; or via phone at 1-866-791-1279. In fisheries under Fraser Panel Control within Fraser Panel Area Waters (area defined under Art. XV, Annex II, Pacific Salmon Treaty 1985), other reporting requirements not listed in this subsection may be necessary under Subpart F of the International Fisheries Regulations, 50 CFR Ch. III 300.93.

(b) During any coastal troll fishery opening that is designated by rule as "quick reporting required."

(i) It is unlawful for any wholesale dealer acting in the capacity of an original receiver to fail to report all purchases of salmon and sturgeon made on the previous calendar day, or for a direct retail endorsement (DRE) holder to fail to report all salmon offered for retail sale on the previous calendar day.

(ii) The report must include dealer or DRE holder name and purchasing location, date of purchase, each fish ticket number, including alpha, used on the purchasing date, and the following catch data for each fish ticket used: Total number of days fished, gear, catch area, species, number, and total weight for each species purchased, and all take home fish not purchased (wholesale dealer) or sold (DRE).

(iii) When quick reporting is required, coastal troll reports must be ((reported)) submitted by 10:00 a.m. on the day after the purchase date ((by either:

(i))). Venue is the county where the reports are required to go. Reports can be made via fax ((transmission to)) at 360-902-2949 (((ii))); via e-mail ((to psfishtickets@dfw.wa.gov)) at trollfishtickets@dfw.wa.gov; or (((iii) Telephone to)) via phone at 1-866-791-1279.

(((b) Coastal troll reports must be reported by 10:00 a.m. on the day after the purchase date by either:

(i) Fax transmission to 360-902-2949

(ii) E-mail to trollfishtickets@dfw.wa.gov or

(iii) Telephone to 1-866-791-1279))

(c) During any Grays Harbor ((and)) or Willapa Bay ((reports must be reported by 10:00 a.m. on the day after the purchase date by either:

(i) Fax transmission to)) fishery opening that is designated by rule as "quick reporting required":

(i) It is unlawful for any wholesale dealer acting in the capacity of an original receiver to fail to report all purchases of salmon and sturgeon made on the previous calendar day, or for a direct retail endorsement (DRE) holder to fail to report all salmon offered for retail sale on the previous calendar day.

(ii) The report must include dealer or DRE holder name and purchasing location, date of purchase, each fish ticket number, including alpha, used on the purchasing date, and the following catch data for each fish ticket used: Gear, catch area, species, number, and total weight for each species purchased, and all take home fish not purchased (wholesale dealer) or sold (DRE).

(iii) When quick reporting is required, Grays Harbor and Willapa Bay reports must be submitted by 10:00 a.m. on the day after the purchase date. Venue is the county where the reports are required to go. Reports can be made via fax at 360-664-0689 (((ii))); e-mail ((to)) at harborfishtickets@dfw.wa.gov; or (((iii) Telephone to)) phone at 1-866-791-1280.

(d) During any Columbia River ((reports must be reported by 10:00 a.m. on the day after the purchase date by either:

(i) Fax transmission to)) fishery opening that is designated by rule as "quick reporting required":

(i) It is unlawful for any wholesale dealer acting in the capacity of an original receiver to fail to report all purchases of salmon and sturgeon, or for a direct retail endorsement (DRE) holder to fail to report all salmon offered, for retail sale.

(ii) The report must include dealer or DRE holder name and purchasing location, date of purchase, each fish ticket number, including alpha, used on the purchasing date, and the following catch data for each fish ticket used: Gear, catch area, species, number, and total weight for each species purchased, and all take home fish not purchased (wholesale dealer) or sold (DRE).

(iii) When quick reporting is required, Columbia River reports must be submitted within 5, 8, 12, or 24 hours of closure of the designated fishery. The time frame for submitting reports will be established by the department at the time of adoption of the quick reporting fishery. Adoption and communication of the quick reporting regulations for a given fishery will occur in conjunction with the adoption of said fishery through the Columbia River Compact. Venue is the county where the reports are required to go. Reports can be made via fax at 360-906-6776 or 360-906-6777 (((ii))); via e-mail ((to)) at crfishtickets@dfw.wa.gov; or (((iii) Telephone to)) via phone at 1-866-791-1281.

(e) Faxing a copy of each fish receiving ticket used ((on the previous day)), within the previously indicated time frames specified per area, satisfies the reporting requirement.

(f) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

(13)(a) Sea urchins and sea cucumbers: It is unlawful for any wholesale dealer acting in the capacity of an original receiver and receiving sea urchins or sea cucumbers from nontreaty fishers to fail to report to the department each day's purchases by 10:00 a.m. the following day. For red sea urchins, the report must specify the number of pounds received from each sea urchin district. For green sea urchins and sea cucumbers, the report must specify the number of pounds received from each Marine Fish-Shellfish Management and Catch Reporting Area. For sea cucumbers, the report must specify whether the landings were "whole-live" or "split-drained." The report must be made by ((facsimile ())fax(() transmission to)) at 360-902-2943, or by toll-free telephone ((to)) at 866-207-8223. ((Additionally,))

(b) It is unlawful for the original receiver of red sea urchins to fail to record on the fish receiving ticket the sea urchin district where the red sea urchins were taken, and it is unlawful for the original receiver of any sea urchins to fail to record on the fish receiving ticket the name of the port of landing where the sea urchins were landed ashore. ((Additionally,))

(c) It is unlawful for the original receiver of sea cucumbers to fail to record on the fish receiving ticket whether the sea cucumbers were delivered "whole-live" or "split-drained."

(d) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

(14) Coastal spot shrimp: It is unlawful for any original receiver of spot shrimp taken from Marine Fish Management and Catch Reporting Area 60A-1 to fail to record separately on the fish receiving ticket spot shrimp taken north or south of 4704.00' north latitude. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

[Statutory Authority: RCW 77.12.047. 07-04-030, 220-69-240, filed 1/29/07, effective 3/1/07; 06-08-078 (Order 06-59), 220-69-240, filed 4/3/06, effective 5/4/06; 06-01-013 (Order 05-275), 220-69-240, filed 12/9/05, effective 1/9/06; 04-17-096 (Order 04-210), 220-69-240, filed 8/17/04, effective 9/17/04; 03-17-008 (Order 03-188), 220-69-240, filed 8/8/03, effective 9/8/03; 03-05-064 (Order 03-28), 220-69-240, filed 2/18/03, effective 3/21/03; 03-05-059 (Order 03-32), 220-69-240, filed 2/18/03, effective 3/21/03; 01-07-015 (Order 01-32), 220-69-240, filed 3/13/01, effective 4/13/01. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), 220-69-240, filed 12/20/99, effective 1/20/00; 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.]

OTS-9487.3


AMENDATORY SECTION(Amending Order 04-210, filed 8/17/04, effective 9/17/04)

WAC 220-69-215   When state of Washington fish receiving tickets are required.   (1) State of Washington fish receiving tickets are required for:

(((1))) (a) Fresh fish and shellfish delivered in the state of Washington, including deliveries not purchased by a dealer, which shall be recorded as weigh-back or take-home fish or shellfish.

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

(((3))) (c) Frozen fish or shellfish not previously delivered in another state, territory, or country, and transported into the state of Washington to an original receiver. Food fish and shellfish in this category are typically an at-sea processed product.

(((4))) (d) Purchase of fish or shellfish from a fisher who is also a dealer, if the fisher/dealer has not previously completed a fish receiving ticket.

(((5))) (e) Forage fish transferred at sea to another vessel.

(f) Forage fish caught for use as bait by the catching vessel and not transferred to another vessel or an original receiver.

(2) It is unlawful to fail to complete a fish receiving ticket when one is required.

Violation of this section is punishable under RCW 77.15.630.

[Statutory Authority: RCW 77.12.047. 04-17-096 (Order 04-210), 220-69-215, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), 220-69-215, filed 5/10/85; 83-24-049 (Order 83-203), 220-69-215, filed 12/2/83; Order 76-153, 220-69-215, filed 12/17/76.]


AMENDATORY SECTION(Amending Order 04-210, filed 8/17/04, effective 9/17/04)

WAC 220-69-241   Duties of commercial fishers.   (1)(a) Every fisher selling food fish or shellfish to ((the)) a consumer, restaurant, boathouse, or other retail outlet, or donating fish or shellfish that have not been previously delivered to an original receiver to a nonprofit or other organization, and every fisher 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 possess a valid wholesale dealer's license or a direct retail endorsement.

(b) It is unlawful for such fishers to fail to immediately, completely, accurately, and legibly prepare the appropriate state of Washington fish receiving ticket in their own name for each delivery of fish. The fish receiving ticket must show the total of all fish and shellfish aboard the harvesting vessel upon delivery.

(c) It is unlawful for a fisher selling at retail to fail to complete a fish receiving ticket before offering fish or shellfish for retail sale, except that the fisher may complete a fish receiving ticket with an estimated number or weight if food fish or shellfish 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 complete a corrected fish receiving ticket with the actual number and weight of fish or shellfish that were sold at retail.

(((a))) (d) Failure to be licensed under this subsection is punishable under RCW 77.15.620.

(((b))) (e) Failure to prepare a fish receiving ticket under this subsection is punishable under RCW 77.15.630.

(2)(a) It is unlawful for a fisher offering food fish or shellfish for retail sale to fail to maintain a sequentially numbered receipt book, which receipt book shall contain((s)) a receipt duplicate copy((,)) and ((must)) shall give each purchaser of salmon or crab a receipt showing the number, weight, and value of food fish or shellfish sold to that purchaser.

(b) It is unlawful for the retail seller to fail to retain the duplicate receipts for one year.

(c) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

(3)(a) In the commercial geoduck fishery, it is unlawful for a vessel operator so designated by the geoduck tract holder to fail to be present at all times on each vessel commercially harvesting geoducks or having commercially harvested geoducks aboard.

(b) For each day's harvest of geoducks from each tract, it is unlawful for the designated operator to fail to legibly and accurately enter the following information on a fish receiving ticket before leaving the department of natural resources geoduck harvest tract:

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

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

(((c))) (iii) Sign the fish receiving ticket as the fisher.

(((d))) (c) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.640.

(4)(a) It shall be unlawful for operators of commercial fishing vessels catching their own forage fish for the purposes of using them as bait, to fail to accurately report such harvests on a state of Washington fish receiving ticket along with the target food fish or shellfish when such food fish or shellfish are delivered to an original receiver.

(b) Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

[Statutory Authority: RCW 77.12.047. 04-17-096 (Order 04-210), 220-69-241, filed 8/17/04, effective 9/17/04; 04-05-028 (Order 04-20), 220-69-241, filed 2/10/04, effective 3/12/04; 03-05-059 (Order 03-32), 220-69-241, filed 2/18/03, effective 3/21/03. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), 220-69-241, filed 12/20/99, effective 1/20/00. 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.]

Washington State Code Reviser's Office