WSR 18-10-104 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed May 2, 2018, 10:18 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-07-016 on March 6, 2017. Title of Rule and Other Identifying Information: WAC 220-310-210 Possession and delivery of Canadian-origin food fish and shellfish. Hearing Location(s): On June 14, 2018, at 8:00 a.m., at the Natural Resource[s] Building, 1111 Washington Street S.E., Olympia, WA 98501. Date of Intended Adoption: June 15, 2018. Submit Written Comments to: Scott Bird, Washington Department of Fish and Wildlife (WDFW), Rules Coordinator, 600 Capitol Way North, email Rules.Coordinator@dfw.wa.gov, fax 360-902-2155, by June 13, 2018. Assistance for Persons with Disabilities: Contact Dolores Noyes, phone 360-902-2349, email dolores.noyes@dfw.wa.gov, by June 5, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department needs to clarify the process for anglers who catch Canadian-based food fish and shellfish and land their catch in Washington state ports. Reasons Supporting Proposal: The proposed changes to the rule clarify and update what anglers need to do to comply with both Canadian regulations and land their catch in Washington state ports in a legal manner. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: WDFW, governmental. Name of Agency Personnel Responsible for Drafting: Scott Bird, 1111 Washington Street S.E., Olympia, WA, 360-902-2403; Implementation and Enforcement: Chief Steve Bear, 1111 Washington Street S.E., Olympia, WA, 360-902-2373. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect. May 1, 2018 Scott Bird Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-16-109, filed 7/28/17, effective 8/28/17)
WAC 220-310-210 Possession and delivery of Canadian-origin food fish and shellfish.
(1) ((Canadian license required.)) It is unlawful to possess in marine waters or deliver into Washington shellfish or food fish taken for personal use from Canadian waters unless the person ((who)) also possesses ((or delivers the shellfish or food fish possesses)) a valid Canadian sport fishing license and catch record card, if one is required((, for the shellfish and food fish taken)).
(2) Canadian-origin rockfish restrictions: It is unlawful to possess yelloweye or canary rockfish taken for personal use from Canadian waters.
(3) Canadian-origin halibut restrictions:
(a) The daily limit of halibut is one daily limit, regardless of the origin of the halibut.
(b) The possession limit is two halibut if at least one halibut was taken from Washington waters. It is unlawful to possess in excess of the Canadian possession limit of halibut for the time and area fished if all halibut were taken from Canadian waters.
(c) It is unlawful to possess more than one daily limit of halibut aboard the fishing vessel.
(4) Canadian-origin salmon restrictions:
(a) It is unlawful to possess in marine waters or deliver into Washington any fresh salmon taken for personal use from Canadian waters unless:
(i) Such salmon ((meet current)) are in compliance with current salmon regulations for the waters of the applicable department of fish and wildlife catch record card area((. However, if the vessel operator has a valid Canadian customs clearance number obtained once they are in Canadian waters fishers aboard the vessel may deliver Canadian-origin salmon into Washington that are lawfully taken in Canada, regardless of whether the salmon meet the current salmon regulations for the area where delivered.)); or
(ii) The vessel operator obtained a valid Canadian customs clearance number while the vessel was moored at a Canadian government dock in Ucluelet, Victoria, Sydney, White Rock, or Bedwell Harbor, British Columbia; or
(iii) The vessel operator has completed and submitted the trip report via the internet at http://wdfw/licensing/canadian_catch.php.; and
(iv) The salmon in possession are in compliance with Canadian fishing regulations.
(b) It is unlawful to fish for any species in state or offshore waters from a vessel having Canadian-origin salmon aboard that do not meet the current salmon regulations for the waters being fished.
(c) It is unlawful for a fisher to fish for any species in state or offshore waters if the fisher possesses in the field any salmon that do not meet the current salmon regulations for the waters being fished.
(5) "Delivery" of Canadian-origin fish into Washington defined. For the purposes of this section, "delivery" means transportation by a private or commercial recreational fishing vessel. Delivery in Washington is complete when, within the state, the vessel anchors, moors, ties to a float or pier, or is placed or attempted to be placed on a boat trailer. "Delivery" is also complete if the fish or shellfish are offloaded from the vessel within state waters.
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