CCLME.ORG - Puget sound commercial forage fish

State
Washington Regulations
Chapter 220-49 WAC
Puget sound commercial forage fish

Last Update: 8/17/04

DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
220-49-001 Herring, candlefish, anchovy and pilchard fishing -- Area 1. [Order 1105, § 220-49-001, filed 12/28/73.] Repealed by Order 76-148, filed 12/2/76.
220-49-002 Herring, candlefish, anchovy and pilchard fishing -- Area 2. [Order 1105, § 220-49-002, filed 12/28/73.] Repealed by Order 76-148, filed 12/2/76.
220-49-003 Herring, candlefish, anchovy and pilchard fishing -- Area 3. [Order 1105, § 220-49-003, filed 12/28/73.] Repealed by Order 76-148, filed 12/2/76.
220-49-004 Herring, candlefish, anchovy and pilchard fishing -- Area 4. [Order 1105, § 220-49-004, filed 12/28/73.] Repealed by Order 76-148, filed 12/2/76.
220-49-015 Herring, candlefish, anchovy and pilchard fishing -- Brush weir. [Order 1105, § 220-49-015, filed 12/28/73.] Repealed by 94-12-009 (Order 94-23), filed 5/19/94, effective 6/19/94. Statutory Authority: RCW 75.08.080.
220-49-016 Herring, candlefish, anchovy and pilchard fishing -- Gill net. [Order 76-148, § 220-49-016, filed 12/2/76; Order 1105, § 220-49-016, filed 12/28/73.] Repealed by 94-12-009 (Order 94-23), filed 5/19/94, effective 6/19/94. Statutory Authority: RCW 75.08.080.
220-49-022 Herring, candlefish, anchovy and pilchard fishing -- Special provisions -- Closed areas. [Statutory Authority: RCW 75.08.080. 81-02-053 (Order 81-3), § 220-49-022, filed 1/7/81; 79-03-014 (Order 79-11), § 220-49-022, filed 2/15/79; Order 76-148, § 220-49-022, filed 12/2/76; Order 1105, § 220-49-022, filed 12/28/73.] Repealed by 94-12-009 (Order 94-23), filed 5/19/94, effective 6/19/94. Statutory Authority: RCW 75.08.080.
220-49-025 Herring, candlefish, anchovy, and pilchard fishing -- Identification -- Herring fishing vessel. [Order 76-148, § 220-49-025, filed 12/2/76; Order 76-26, § 220-49-025, filed 1:45 p.m., 4/20/76.] Repealed by 94-12-009 (Order 94-23), filed 5/19/94, effective 6/19/94. Statutory Authority: RCW 75.08.080.
220-49-026 Herring, candlefish, anchovy, and pilchard fishing -- Identification -- Herring buyer. [Order 76-148, § 220-49-026, filed 12/2/76; Order 76-26, § 220-49-026, filed 1:45 p.m., 4/20/76.] Repealed by 94-12-009 (Order 94-23), filed 5/19/94, effective 6/19/94. Statutory Authority: RCW 75.08.080.
220-49-040 Smelt fishing -- Area 1. [Order 1105, § 220-49-040, filed 12/28/73.] Repealed by Order 76-158, filed 12/29/76.
220-49-041 Smelt fishing -- Area 2. [Order 1105, § 220-49-041, filed 12/28/73.] Repealed by Order 76-158, filed 12/29/76.
220-49-042 Smelt fishing -- Area 3. [Order 1105, § 220-49-042, filed 12/28/73.] Repealed by Order 76-158, filed 12/29/76.
220-49-043 Smelt fishing -- Area 4. [Order 1105, § 220-49-043, filed 12/28/73.] Repealed by Order 76-158, filed 12/29/76.
220-49-044 Smelt fishing -- Area 5. [Order 1105, § 220-49-044, filed 12/28/73.] Repealed by Order 76-158, filed 12/29/76.
220-49-045 Smelt fishing -- Area 6. [Order 1105, § 220-49-045, filed 12/28/73.] Repealed by Order 76-158, filed 12/29/76.
220-49-046 Smelt fishing -- Area 7. [Order 1105, § 220-49-046, filed 12/28/73.] Repealed by Order 76-158, filed 12/29/76.
220-49-047 Smelt fishing -- Area 8. [Order 1105, § 220-49-047, filed 12/28/73.] Repealed by Order 76-158, filed 12/29/76.
220-49-048 Smelt fishing -- Area 9. [Order 1105, § 220-49-048, filed 12/28/73.] Repealed by Order 76-158, filed 12/29/76.
220-49-049 Smelt fishing -- Area 10. [Order 1105, § 220-49-049, filed 12/28/73.] Repealed by Order 76-158, filed 12/29/76.
220-49-055 Smelt fishing -- Lawful gear. [Order 1105, § 220-49-055, filed 12/28/73.] Repealed by 94-12-009 (Order 94-23), filed 5/19/94, effective 6/19/94. Statutory Authority: RCW 75.08.080.
220-49-060 Perch fishing -- Season. [Order 1105, § 220-49-060, filed 12/28/73.] Repealed by Order 77-147, filed 12/16/77.
220-49-061 Perch fishing -- Lawful gear. [Order 1105, § 220-49-061, filed 12/28/73.] Repealed by Order 77-147, filed 12/16/77.
220-49-062 Perch fishing -- Incidental catch. [Order 1105, § 220-49-062, filed 12/28/73.] Repealed by Order 77-147, filed 12/16/77.

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220-49-005
Puget Sound forage fish — Definitions — General provisions.
(1) It is unlawful to fish for or possess Puget Sound forage fish taken for commercial purposes except at the times, during the seasons and using the gear provided for in this chapter.

(2) It is unlawful to fish for or possess candlefish taken for commercial purposes.

[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-49-005, filed 2/11/98, effective 3/14/98; 94-12-009 (Order 94-23), § 220-49-005, filed 5/19/94, effective 6/19/94.]

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220-49-011
Herring, anchovy and smelt fishing — Lawful gear — Drag seine.
(1) Lawful drag seine gear in the Puget Sound herring, anchovy and smelt fisheries shall not exceed 350 feet in length or contain meshes less than 1/2 inch stretch measure.

(2) Licensing:

(a) A food fish drag seine fishery license is a license required to operate the gear provided for in this section and allows the operator to retain smelt and anchovy.

(b) A herring drag seine fishery license is a license required to operate the gear provided for in this section and allows the operator to retain herring.

[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-49-011, filed 2/11/98, effective 3/14/98; 94-12-009 (Order 94-23), § 220-49-011, filed 5/19/94, effective 6/19/94; Order 1105, § 220-49-011, filed 12/28/73.]

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220-49-012
Herring, anchovy and smelt fishing — Purse seine.
(1) Lawful purse seine gear in the Puget Sound herring and anchovy fisheries shall not exceed 600 feet in length or contain meshes less than 1/2-inch stretch measure unless otherwise authorized by permit from the director.

(2) Lawful purse seine gear in the Puget Sound smelt fishery shall not exceed 350 feet in length nor contain meshes less than 1/2 inch stretch measure.

(3) Licensing:

(a) A baitfish purse seine fishery license is a license required to operate the gear provided for in this section and allows the operator to retain smelt and anchovy.

(b) A herring purse seine fishery license is a license required to operate the gear provided for in this section and allows the operator to retain herring.

[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-49-012, filed 2/11/98, effective 3/14/98; 94-12-009 (Order 94-23), § 220-49-012, filed 5/19/94, effective 6/19/94; Order 76-148, § 220-49-012, filed 12/2/76; Order 1105, § 220-49-012, filed 12/28/73.]

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220-49-013
Herring, anchovy and smelt fishing — Dip bag net.
(1) Lawful dip bag net gear in the Puget Sound herring and anchovy fisheries shall not exceed 18 square feet. Lawful dip bag net gear in the Puget Sound smelt fishery shall not exceed 36 inches across the frame. It is unlawful to operate a dip net from a vessel under power, and it is unlawful to operate more than one dip net at one time.

(2) Licensing:

(a) A smelt dip bag net fishery license is a license required to operate the gear provided for in this section and allows the operator to retain smelt and anchovy.

(b) A herring dip bag net fishery license is a license required to operate the gear provided for in this section and allows the operator to retain herring.

[Statutory Authority: RCW 77.12.047. 02-08-026 (Order 02-66), § 220-49-013, filed 3/27/02, effective 4/27/02. Statutory Authority: RCW 75.08.080. 98-05-043, § 220-49-013, filed 2/11/98, effective 3/14/98; 94-12-009 (Order 94-23), § 220-49-013, filed 5/19/94, effective 6/19/94; Order 1105, § 220-49-013, filed 12/28/73.]

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220-49-014
Herring, anchovy and smelt fishing — Lampara.
(1) Lawful lampara gear in the Puget Sound herring and anchovy fisheries shall not exceed 200 feet in length or contain meshes less than 1/2-inch stretch measure. Lampara gear is not lawful gear for taking smelt in Puget Sound.

(2) Licensing:

(a) A baitfish lampara fishery license is a license required to operate the gear provided for in this section and allows the operator to retain anchovy.

(b) A herring lampara fishery license is a license required to operate the gear provided for in this section and allows the operator to retain herring.

[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-49-014, filed 2/11/98, effective 3/14/98; 94-12-009 (Order 94-23), § 220-49-014, filed 5/19/94, effective 6/19/94; Order 77-14, § 220-49-014, filed 4/15/77; Order 1105, § 220-49-014, filed 12/28/73.]

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220-49-017
Herring, anchovy and smelt fishing — Otter trawl and gill net.
(1) It is unlawful to fish for herring, anchovy or smelt using otter trawl gear or gill net gear except as authorized by permit issued by the director.

(2) Licensing: The permit issued by the director will specify the fishery license required to operate the permit.

[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-49-017, filed 2/11/98, effective 3/14/98; 94-12-009 (Order 94-23), § 220-49-017, filed 5/19/94, effective 6/19/94; 89-14-010 (Order 89-48), § 220-49-017, filed 6/22/89; Order 1105, § 220-49-017, filed 12/28/73.]

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220-49-020
Herring and anchovy — Seasons — Lawful gear — Purposes.
It shall be unlawful to take, fish for or possess for commercial purposes herring or anchovy in Puget Sound except during lawful seasons, with lawful gear and for such purposes as provided for hereinafter in each respective fishing area:

(1) Area 20A.

(a) Closed September 1 through May 31 to all commercial fishing gear except for the spawn on kelp fishery as provided for in WAC 220-49-063.

(b) Closed June 1 through August 31 to all commercial fishing.

(2) It is unlawful to use purse seine gear in any Puget Sound area except 23A, 23B, 23C, 23D, and 29. Areas 23A, 23B, 23C, 23D and 29 are open to purse seine gear only during seasons set by emergency rule.

(3) All other Puget Sound Marine Fish-Shellfish Management and Catch Reporting Areas - Open entire year with drag seine, lampara, and dip bag net for human consumption or bait only except for closures set out in subsections (4), (5) and (6) of this section.

(4) The following areas are closed the entire year to all gear:

Areas 20B, 21A, 21B, 22A, 22B, 25A, and 25E.

(5) The following areas are closed from January 16 through April 15, except to dip bag net gear:

(a) Area 24A except for a year-round closure in Swinomish Channel in those waters between the bridge spanning the channel south of La Conner and a line perpendicular to the channel at the northeast end of the La Conner boat basin, 24B, and 24D.

(b) Waters of Area 25C south of a line from Tala Point to Foulweather Bluff.

(c) Area 25D.

(d) Waters of Area 26B west of a line from Point Monroe to Point Jefferson.

(e) Area 26C.

(f) Waters of Area 26D north of a line from Neill Point to Piner Point.

(g) Areas 27A, 27B and 27 C are closed year-round.

(h) Waters of Area 28A west of a line projected true north-south through Treble Point on Anderson Island, including Henderson Inlet.

(i) Waters of Area 28B west of a line projected true north from Penrose Point, including Mayo Cove and Von Geldern Cove.

(j) All contiguous waters of Area 28D north and east of a line projected from Dofflemeyer Point through Cooper Point to landfall on the west shore of Eld Inlet, including Totten Inlet, Hammersley Inlet and Oakland Bay.

[Statutory Authority: RCW 77.12.047. 04-17-098 (Order 04-218), § 220-49-020, filed 8/17/04, effective 9/17/04; 01-02-058 (Order 00-263), § 220-49-020, filed 12/29/00, effective 1/29/01. Statutory Authority: RCW 75.08.080. 99-17-067 (Order 99-127), § 220-49-020, filed 8/13/99, effective 9/13/99; 98-05-043, § 220-49-020, filed 2/11/98, effective 3/14/98; 95-23-020 (Order 95-166), § 220-49-020, filed 11/8/95, effective 12/9/95; 94-12-009 (Order 94-23), § 220-49-020, filed 5/19/94, effective 6/19/94; 84-08-014 (Order 84-24), § 220-49-020, filed 3/27/84; 83-24-024 (Order 83-200), § 220-49-020, filed 11/30/83, effective 1/1/84; 83-04-025 (Order 83-04), § 220-49-020, filed 1/27/83; 79-03-014 (Order 79-11), § 220-49-020, filed 2/15/79; Order 76-148, § 220-49-020, filed 12/2/76; Order 1105, § 220-49-020, filed 12/28/73.]

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220-49-021
Smelt and herring for zoo food.
(1) It is unlawful to take, fish for or possess smelt or herring for any purpose except human consumption or fishing bait, except that the director may authorize by permit the taking of smelt or herring in specified areas, quantities and times for emergency use as zoo food for animals. Application for a zoo food permit requires written certification from the zoo director that no other source of smelt or herring is available and the shortage of suitable zoo food will damage the health or well-being of zoo animals.

(2) Licensing: The permit issued by the director will specify the fishery license required to operate the permit.

[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-49-021, filed 2/11/98, effective 3/14/98; 94-12-009 (Order 94-23), § 220-49-021, filed 5/19/94, effective 6/19/94; Order 76-148, § 220-49-021, filed 12/2/76; Order 1193, § 220-49-021, filed 3/4/75; Order 1105, § 220-49-021, filed 12/28/73.]

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220-49-023
Herring reporting.
(1) Herring fishers:

(a) All commercial herring fishers are required to obtain a department-issued herring reporting monthly logbook, and, pursuant to this section, enter the required information and remit the department's copies of the monthly logs.

(b) It is unlawful for the operator of the harvest vessel to fail to keep the logbook aboard the vessel while the vessel is engaged in herring fishing or has herring onboard. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

(c) It is unlawful for any vessel operator engaged in herring fishing to fail to submit the department's copy of each month's log in which fishing activity occurs within ten days of the end of the month, as evidenced by the mailing date on the envelope or the fax date, except that the operator may submit all logs of monthly activity prior to the month in which fishing activity commences at one time, and, when fishing activity terminates for the year may submit the logs for the remainder of the year at one time. Harvest logs must be submitted in ascending consecutive order of log serial numbers. The logs are required to be mailed to: Department of Fish and Wildlife, Marine Resources, P.O. Box 1100, La Conner, WA 98257, or faxed to 360-466-0515. Violation of this subsection is a misdemeanor, punishable under RCW 77.15.280.

(d) Herring vessel operators responsible for submitting logs to the department must maintain the fisher's copy of all logs for one year, and have them available for inspection. It is unlawful for the vessel operator to fail to submit harvest logs for inspection upon request by fish and wildlife officers or authorized department marine fish-shellfish program employee. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.360.

(e) It is unlawful for vessel operators engaged in commercial herring fishing or possessing herring, to fail to permanently and legibly record in ink the following information within the following time constraints:

(i) Before each vessel trip, record the operator name, operator phone number, license holder name, the department issued registration number, date of fishing trip.

(ii) Immediately after the completion of each set, and prior to making a new set, record the set number, set start time, Marine Fish-Shellfish Catch Area, nearest landmark type, gear type, and weight in pounds of herring retained.

(iii) Immediately after each landing of fish, record the fish receiving ticket serial number and the names of the receivers of fish landed or pen number delivered to if the vessel operator also holds a wholesale fish dealer license and is acting in the capacity of an original receiver. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

(2) Herring baitfish processors:

(a) It is unlawful for original receivers who sell herring as baitfish to fail to report by January 15th of each year the total number of dozens of herring sold the previous year. The report must be made on a department supplied herring baitfish report form, and must report sales by size class. The form is required to be mailed to: Department of Fish and Wildlife, Marine Resources, P.O. Box 1100, La Conner, WA 98257, or faxed to 360-466-0515. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.560.

(b) Herring processors responsible for submitting herring baitfish report forms must maintain the processor's copy of the form for one year, and have it available for inspection. It is unlawful for the processor to fail to submit herring baitfish report forms for inspection upon request by fish and wildlife officers or authorized department marine fish-shellfish program employee. Violation of this subsection is a gross misdemeanor, punishable under RCW 77.15.360.

[Statutory Authority: RCW 77.12.047. 04-17-089 (Order 04-219), § 220-49-023, filed 8/16/04, effective 9/16/04. Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-49-023, filed 5/19/94, effective 6/19/94; 83-24-024 (Order 83-200), § 220-49-023, filed 11/30/83, effective 1/1/84; 81-02-053 (Order 81-3), § 220-49-023, filed 1/7/81; Order 77-147, § 220-49-023, filed 12/16/77; Order 77-14, § 220-49-023, filed 4/15/77; Order 76-148, § 220-49-023, filed 12/2/76; Order 1193, § 220-49-023, filed 3/4/75; Order 1105, § 220-49-023, filed 12/28/73.]

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220-49-024
Herring, anchovy and pilchard fishing — Live boxes — Identification.
All herring, anchovy and pilchard live boxes or other devices for holding live bait shall have attached thereto the fishery license number of the owner in plainly legible letters not less than 3 inches in height, clearly visible above the waterline. In the case of licensed dealers the dealer's license number shall be displayed as described above. It shall be unlawful to fail to identify live boxes as prescribed in this section.

[Statutory Authority: RCW 75.08.080. 98-05-043, § 220-49-024, filed 2/11/98, effective 3/14/98; 94-12-009 (Order 94-23), § 220-49-024, filed 5/19/94, effective 6/19/94; Order 1105, § 220-49-024, filed 12/28/73.]

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220-49-056
Smelt fishing — Seasons.
It shall be unlawful to take, fish for or possess smelt for commercial purposes in Puget Sound except during the following seasons:

(1) Areas 20A and 21A - July 1 to April 15.

(2) Area 22B - November 1 to April 15.

(3) Areas 24A, 24B, 24C, and 24D - July 1 to April 15.

(4) Areas 25A and 25E - November 1 to April 15.

(5) Areas 26B, 26C, 26D, 28B, and 28C - October 1 to April 15 except those waters within 200 feet of shore adjacent to department property at Ross Point in Area 26C are closed to commercial smelt harvest at all times, and those waters of Sinclair Inlet west of a line due south from the ferry dock in Bremerton are open only 8:01 a.m. Wednesday through 7:59 a.m. Friday of each week during the open period.

(6) Areas 27A, 27B and 27C - Closed year-round.

(7) Areas 28A and 28D - September 1 to April 15.

(8) All other areas open the entire year.

[Statutory Authority: RCW 77.12.047. 04-17-098 (Order 04-218), § 220-49-056, filed 8/17/04, effective 9/17/04; 02-08-026 (Order 02-66), § 220-49-056, filed 3/27/02, effective 4/27/02. Statutory Authority: RCW 75.08.080. 98-05-043, § 220-49-056, filed 2/11/98, effective 3/14/98; 94-12-009 (Order 94-23), § 220-49-056, filed 5/19/94, effective 6/19/94; 91-13-051 (Order 91-39), § 220-49-056, filed 6/14/91, effective 7/15/91; 83-24-024 (Order 83-200), § 220-49-056, filed 11/30/83, effective 1/1/84; 83-04-025 (Order 83-04), § 220-49-056, filed 1/27/83; Order 76-148, § 220-49-056, filed 12/2/76; Order 76-26, § 220-49-056, filed 1:45 p.m., 4/20/76; Order 1105, § 220-49-056, filed 12/28/73.]

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220-49-057
Smelt fishing — Weekly periods.
It is unlawful to fish for smelt for commercial purposes in Puget Sound except from 8:00 a.m. Sunday to 8:00 a.m. Friday and it is unlawful to possess smelt taken for commercial purposes during such closed period.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-49-057, filed 5/19/94, effective 6/19/94; Order 1105, § 220-49-057, filed 12/28/73.]

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220-49-063
Spawn on kelp licenses (SOK license) — Applications.
(1) Any herring fisher holding a herring fishery license under RCW 75.30.140 may participate in an auction for a spawn on kelp license (SOK license). Proof of current herring licensing must be presented before entering the auction. No more than one SOK license will be awarded to each herring license holder.

(2) The department shall offer SOK licenses under the following conditions:

(a) The department shall establish a minimum acceptable bid for each license.

(b) Licenses shall be offered by sealed bidding at auction. The license will be awarded to the bidder with the highest bid. In the event of tie bids, the tie breaker will be by coin toss.

(c) Each SOK license shall be auctioned separately. Each bidder for a license must submit a certified check equal to the minimum acceptable bid prior to the bidding as a down payment on the winning bid price.

(d) Bidding by proxy is allowed, provided the proxy holder has a power of attorney for the herring license holder represented.

(e) The successful bidder for a SOK license is required to sign and return to the department a copy of the SOK license within 10 days after the award of a license together with the balance of the bid amount. Failure to return the license and bid balance will invalidate the award of the license and result in forfeiture of the deposit in the amount necessary to compensate the department for any damages. In such case the license shall be offered to the other bidders in descending order of their bid amount.

(f) If the license fails to be sold as described in (c) or (e) of this subsection, the license may be offered to any person possessing a herring license who offers the largest amount within a specified time period.

(g) The department may revoke the SOK license for noncompliance with the terms of the license. In case of license revocation, the bid amount shall be retained by the department.

(3) Licensing:

(a) Herring dip bag net, herring drag seine, herring lampara and herring purse seine licenses are licenses required to operate the respective gear and retain herring for the spawn on kelp fishery.

(b) A spawn on kelp fishery license is the license issued to a successful bidder and allows the holder to participate in the spawn on kelp fishery.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-49-063, filed 5/19/94, effective 6/19/94; 91-05-016 (Order 91-08), § 220-49-063, filed 2/8/91, effective 3/11/91. Statutory Authority: RCW 75.08.080 and 75.28.245. 90-07-003 (Order 90-17), § 220-49-063, filed 3/8/90, effective 4/8/90.]

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220-49-064
Spawn on kelp license (SOK license) contract conditions.
(1) Spawn on kelp license (SOK license) contracts shall protect the environment, prevent waste, ensure compliance with applicable laws and regulations, and ensure faithful performance of lease terms and conditions.

(2) SOK licensees shall not sell any spawn on kelp to anyone who is not a licensed wholesale dealer, except that the licensee may be a licensed wholesale dealer, and, after completing a state of Washington fish receiving ticket, may sell the spawn on kelp to someone who is not a wholesale dealer.

(3) SOK licenses are transferrable only in the case of hardship and then only to any person holding a herring fishery license except the SOK license is not transferable to a person currently holding a SOK license. The transfer shall be made on a form provided by the department, and the transferee shall be subject to the same terms and conditions of the original SOK license. For purposes of this section, hardship means death or disablement of the licensee or loss of the licensee's vessel through no fault of the licensee.

(4) Every SOK licensee may surrender the SOK license and shall be relieved of any obligation under the license except as otherwise provided. The licensee must notify the department in writing of intention to surrender the license. If operations under the license have been conducted, the licensee shall correct any adverse environmental effects caused by the operations, including but not limited to, release of any entrapped herring, removal of any herring enclosure, and placement of any herring spawn upon habitat suitable for hatch and release of herring fry. If the license is surrendered, the department will retain the amount of the bid.

(5) The SOK license shall provide for revocation for noncompliance with the terms of the license. Grounds for revocation for noncompliance shall include, but not be limited to, failure to provide catch records as required, failure to provide required data on fishing and harvesting related activities, and failure to notify the department of anticipated times of fishing and harvesting. The SOK licensee shall be notified, in writing, of noncompliance, the necessary corrective measures and the amount of time allowed to take corrective action. The licensee's remedying of the noncompliance within the specified time shall result in no revocation of the license. The licensee may appeal any cancellation under chapter 34.05 RCW.

(6) The SOK license contract shall allow the SOK licensee to conduct operations reasonably necessary for the production of spawn on kelp. Nothing in this section shall relieve the licensee of any responsibility under applicable laws or regulations.

[Statutory Authority: RCW 75.08.080. 94-12-009 (Order 94-23), § 220-49-064, filed 5/19/94, effective 6/19/94. Statutory Authority: 75.08.080 and 75.28.245. 90-07-003 (Order 90-17), § 220-49-064, filed 3/8/90, effective 4/8/90.]