Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-356 - Commercial fisheries-Forage fish › Section 220-356-180 - Spawn on kelp license (SOK license) contract conditions

Current through Register Vol. 24-14, July 15, 2024
(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 wholesale fish buyer,
				except that the licensee may be a wholesale fish buyer, and, after completing a
				state of Washington fish receiving ticket, may sell the spawn on kelp to
				someone who is not a wholesale fish buyer.
(3) SOK licenses are transferable 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.