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(continued) eported.
(2) Quarterly production report copies are required to be maintained by the aquatic farmer for one year and presented on demand for inspection by authorized department personnel.
(3) Violation of this section is a misdemeanor, punishable under RCW 77.15.350.
[Statutory Authority: RCW 77.12.047. 04-17-096 (Order 04-210), § 220-69-243, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-243, filed 9/12/86.]
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220-69-250
Required information on nontreaty fish receiving tickets.
(1) It is unlawful for a person required to complete a nontreaty fish receiving ticket to fail to enter the information required in WAC 220-69-230 (1)(a) through (m), (p), (s), and (t) on each nontreaty fish receiving ticket.
(2) A valid license card or duplicate license card issued by the department 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 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) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.
[Statutory Authority: RCW 77.12.047. 04-17-096 (Order 04-210), § 220-69-250, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-250, filed 12/20/99, effective 1/20/00. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-250, 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.]
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220-69-254
Required information on treaty Indian fish receiving tickets.
(1) It is unlawful for a person required to complete a treaty Indian fish receiving ticket to fail to enter the information required in WAC 220-69-234 (1)(a) through (l) and (p) on each 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 shall be used in lieu of WAC 220-69-234 (1)(e) and (f).
(4) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.
[Statutory Authority: RCW 77.12.047. 04-17-096 (Order 04-210), § 220-69-254, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-254, filed 12/20/99, effective 1/20/00. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-254, 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.]
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220-69-260
Distribution of copies of nontreaty fish receiving tickets.
State of Washington nontreaty fish receiving tickets shall be made out in quadruplicate (four copies) at the time of delivery. Upon completion of the fish receiving ticket it is unlawful for the person completing the fish receiving ticket to fail to distribute the copies as follows:
(1) The dealer copies (white and yellow) shall be retained by receiver for their use.
(2) The state copy (green) shall be mailed to the department. 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) Fisher copy (gold) shall be retained by the deliverer for their use.
(4) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.
[Statutory Authority: RCW 77.12.047. 04-17-096 (Order 04-210), § 220-69-260, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-260, filed 12/20/99, effective 1/20/00; 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.]
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220-69-264
Distribution of copies of treaty Indian fish receiving tickets.
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, it is unlawful for the person completing the fish receiving ticket to fail to distribute the copies as follows:
(1) The dealer copy (white) shall be retained by receiver for their use.
(2) The state copy (green) and the NWIFC copy (pink) shall be mailed to the Northwest Indian Fisheries Commission, P.O. Box 5247, Lacey, Washington 98509. 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 NWIFC copies to the Northwest Indian Fisheries Commission, P.O. Box 5247, Lacey, Washington 98509: Provided, That upon written agreement received by the department from a specific tribe and buyer indicating the desire to transmit the tribe's copy directly to the fisher's tribe, then that one copy may be so disposed.
(4) The fisherman copy (gold) shall be retained by the deliverer for their use.
(5) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.
[Statutory Authority: RCW 77.12.047. 04-17-096 (Order 04-210), § 220-69-264, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-264, filed 12/20/99, effective 1/20/00; 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.]
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220-69-26401
Distribution of copies of shellfish receiving ticket.
State of Washington shellfish receiving tickets shall be made out in quintuplicate (five copies) at the time of delivery. Upon completion of the shellfish receiving ticket, it is unlawful for the person completing the fish receiving ticket to fail to distribute the copies as follows:
(1) The dealer copies (white and yellow) shall be retained by receiver for their use.
(2)(a) For shellfish other than geoduck clams from department of natural resources geoduck tracts, the state copies (green and pink) shall be mailed to the department. 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.
(b) For geoduck clams from department of natural resources geoduck tracts, the green state copy shall be mailed to the department no later than the sixth working day after the ticket was completed by the original receiver. The pink state copy shall be mailed to the department of natural resources no later than the sixth working day after the ticket was completed by the original receiver, or delivered earlier to the department of natural resources as directed by that department.
(3) The fisherman copy (gold) shall be retained by the deliverer for their use.
(4) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.
[Statutory Authority: RCW 77.12.047. 05-05-026 (Order 05-16), § 220-69-26401, filed 2/10/05, effective 3/13/05; 04-17-096 (Order 04-210), § 220-69-26401, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-26401, filed 12/20/99, effective 1/20/00; 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.]
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220-69-270
License cards.
Upon lawful application, a commercial fishery license in the form of a license card will be issued by the department. The license card will be designed for use with an approved mechanical imprinting device. The license card will contain the licensee's name; license type and gear code; license year; license number. Upon designating a vessel the license card will additionally contain the vessel name for documented vessels; the state registration number for undocumented vessels if state registration is required; the department vessel registration number for vessels for which neither documentation nor state registration is required; the primary operator and date of birth; up to two alternate operators and date of birth for each.
[Statutory Authority: RCW 77.12.047. 04-17-096 (Order 04-210), § 220-69-270, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 94-01-001, § 220-69-270, filed 12/1/93, effective 1/1/94; 83-24-049 (Order 83-203), § 220-69-270, filed 12/2/83; Order 76-153, § 220-69-270, filed 12/17/76.]
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220-69-271
Dealer and buyer plates.
(1) Upon lawful application for a wholesale dealer's license, a dealer's plate will be issued by the department 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 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 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 dealer number, buyer name, and department buyer number.
[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-271, filed 12/20/99, effective 1/20/00; 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.]
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220-69-272
Treaty Indian identification cards.
Washington treaty Indians delivering fish or shellfish may use a treaty Indian identification card, properly embossed with the tribe number and treaty Indian identification number, in lieu of hand-written fisherman information except that the fisherman's signature is required on the tribal copy of the treaty Indian fish receiving ticket.
[Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-272, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), § 220-69-272, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-272, filed 12/2/83; Order 76-153, § 220-69-272, filed 12/17/76.]
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220-69-273
Imprinters.
Use of a mechanical imprinter approved by the department, 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. 00-01-145 (Order 99-221), § 220-69-273, filed 12/20/99, effective 1/20/00; 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.]
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220-69-274
Signatures.
(1) It is unlawful for the deliverer of nontreaty fish or shellfish to fail to sign the complete nontreaty fish receiving ticket, which signature shall be deemed certification of the correctness of all entries thereon. It is unlawful for the original receiver of nontreaty fish or shellfish to fail to sign the complete nontreaty fish receiving ticket.
(2) It is unlawful for the deliverer of treaty fish or shellfish to fail to sign the tribal copy of the treaty Indian fish receiving ticket, which signature shall be deemed certification of the correctness of all entries on the complete fish receiving ticket. It is unlawful for the original receiver of treaty food fish or shellfish to fail to sign the complete treaty Indian fish receiving ticket.
(a) A fisher who fails to sign a fish receiving ticket is in violation of RCW 77.15.560.
(b) An original receiver who fails to sign a fish receiving ticket is in violation of RCW 77.15.640.
(3) Where the fisherman is unable to deliver the catch, an agent of the fisherman is authorized to sign the fish receiving ticket if the person has first obtained an additional operator's license for the fishing vessel operated by the fisherman.
(4) Should the receiver receive the fish or shellfish by other than direct delivery, the receiver shall affix his or her signature to the fish receiving ticket, and the fish receiving ticket shall be completed and submitted without the deliverer's signature together with the transportation ticket, and the receiver shall assume complete responsibility for the correctness of all entries.
[Statutory Authority: RCW 77.12.047. 04-17-096 (Order 04-210), § 220-69-274, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-274, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), § 220-69-274, filed 5/10/85; 83-24-049 (Order 83-203), § 220-69-274, filed 12/2/83; Order 76-153, § 220-69-274, filed 12/17/76.]
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220-69-280
Fish receiving ticket accountability.
Only current 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.
(2) It is unlawful to fail to use fish receiving ticket books and fish receiving tickets in numerical sequence, starting with the lowest numbered ticket issued to the original receiver.
(3) It is unlawful to transfer fish receiving tickets or ticket books from one original receiver to another original receiver without written permission from the department.
(4) It is unlawful for any purchaser or receiver terminating business to fail to notify the department in writing and to fail to return all unused fish receiving tickets and ticket books to the department within thirty days after termination of business.
(5) It is unlawful to fail to return the state copy of all fish receiving tickets to the state. All fish receiving tickets that are incorrectly made out, voided, or otherwise unused, are required to be submitted to the department accompanying, and in sequence with, other fish receiving tickets.
(6) It is unlawful to fail to account for all fish receiving tickets that are lost, destroyed, or otherwise missing in writing to the department.
(7) It is unlawful to transfer fish receiving tickets to anyone who is not a licensed wholesale fish dealer, licensed fish buyer, or holder of a direct retail sale license endorsement, and it is unlawful for any person not so licensed to have fish receiving tickets in possession.
(8) It is unlawful for a wholesale dealer or holder of a direct retail sale endorsement to fail to maintain the dealer copy or copies at the dealer's or holder's regular place of business for one year after the date of use of the fish ticket.
(9) Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.
[Statutory Authority: RCW 77.12.047. 04-17-096 (Order 04-210), § 220-69-280, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-280, filed 12/20/99, effective 1/20/00. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-280, 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.]
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220-69-290
Annual production report.
There is hereby created a state of Washington annual production report form to be prepared, printed, and distributed annually by the department to all wholesale dealers, canners, custom canners, and by-product manufacturers. The annual production report shall be completed and returned to the department not later than January 31 for the preceding year of business activities.
[Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-290, filed 12/20/99, effective 1/20/00; Order 76-153, § 220-69-290, filed 12/17/76.]
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220-69-300
Commercial food fish and shellfish transportation ticket.
(1) Commercial fishers who are neither wholesale dealers nor holders of a direct retail endorsement must complete a commercial food fish and shellfish transportation ticket when transporting commercial fish or shellfish away from the catching vessel or, for a fishery that does not require a vessel, the catch site, and it is unlawful to fail to complete the transportation ticket with all the information in subsection (2) of this section. Violation of this subsection is punishable under RCW 77.15.290.
(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) It is unlawful for an original receiver to fail to mail the transportation ticket together with the state copy of the fish receiving ticket as provided for in WAC 220-69-260, 220-69-264, and 220-69-26401, if the commercial fisher delivering the fish or shellfish does not sign the fish receiving ticket, as provided in WAC 220-69-274. If the commercial fisher signs the fish receiving ticket, the transportation ticket is not required to be submitted with the fish receiving ticket. Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640.
(5) The transportation ticket is to remain with the fish or shellfish until a fish receiving ticket is completed, and must be presented for inspection by persons transporting, holding, or storing fish or shellfish when requested to do so by a fish and wildlife officer, and it is unlawful to fail to present the transportation ticket on demand. Violation of this subsection is a gross misdemeanor punishable under RCW 77.15.360.
(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 prior to delivery.
[Statutory Authority: RCW 77.12.047. 04-17-096 (Order 04-210), § 220-69-300, filed 8/17/04, effective 9/17/04. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-300, filed 12/20/99, effective 1/20/00. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), § 220-69-300, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-021 (Order 85-44), § 220-69-300, filed 5/10/85.]