reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › GENERAL RULES › Section 220-360-040 - Trial commercial fishery permits

Current through Register Vol. 24-14, July 15, 2024
(1) Applications for trial commercial fishery
				  permits must specify the species, fishing area, and fishing method to be
				  used.
(2) The department will
				  respond to any request for a trial commercial fishery permit within sixty days
				  of receiving the application.
(3)
				  Only persons who hold a commercial fishing license under chapter 77.65 RCW for
				  the gear that will be used with the trial commercial fishery permit, or persons
				  who own a vessel that holds such a commercial fishing license, are eligible to
				  hold a trial commercial fishery permit. A trial commercial fishery permit is
				  supplemental to a commercial fishing license, and may not be used unless the
				  fisher or the fisher's vessel is currently licensed.
(4) The director will issue a trial
				  commercial fishery permit for a newly classified species only after the
				  director has by rule classified the species as a food fish or shellfish in
				  chapter 220-300 WAC. If emergency classification is required, the director will
				  issue the trial commercial fishery permit only for the period of emergency
				  classification, and will not renew the permit unless the department has
				  received a request for permanent classification at least two weeks before the
				  end of the permit period.
(5) The
				  director may redesignate a trial commercial fishery as an emerging or expanding
				  commercial fishery if the director finds that there is a need to limit
				  participation. A trial commercial fishery permit for that fishery does not
				  guarantee future eligibility for an experimental fishery permit.
(6) The director may at any time close a
				  trial commercial fishery for conservation reasons.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › COMMERCIAL SHELLFISH FISHERY ON NONSTATE LANDS › Section 220-360-100 - Emerging commercial fishery - Commercial wild clams, mussels, and oyster shellfish fishery on nonstate tidelands and bedlands

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to license and provide
					 catch reporting requirements for the commercial harvest of wild clams, mussels,
					 and oysters on nonstate lands in an emerging commercial fishery. For purposes
					 of this chapter, "wild" or "wild stocks of" clams, mussels, and oysters means
					 shellfish identified in WAC 220-360-140. That rule distinguishes between the
					 harvest of wild shellfish stocks subject to this chapter and private sector
					 cultured aquatic products not subject to this chapter. These terms, and all
					 provisions of this chapter pertaining to "wild" or "wild stocks of" clams,
					 mussels, and oysters, or to "private sector cultured aquatic product," are for
					 state resource management, catch reporting, and enforcement purposes only. They
					 are neither intended to be, nor should be characterized as, any determination
					 or evidence of whether "wild" or "wild stocks of" clams, mussels, and oysters
					 (or any portion thereof) are naturally occurring, are subject to treaty
					 sharing, or are part of natural or artificial shellfish beds as those concepts
					 and terms are used and defined in
United States v. Washington,
157 F.3d 630 (9th Cir. 1998), the Shellfish Implementation Plan of
United States v. Washington,
C70-9213, Subproceeding 89-3
					 (W.D. Wash, rev. April 8, 2002), and other applicable court orders relating to
					 shellfish.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › COMMERCIAL SHELLFISH FISHERY ON NONSTATE LANDS › Section 220-360-110 - Designation of the commercial wild clams, mussels, and oyster harvest on nonstate lands as an emerging commercial fishery

Current through Register Vol. 24-14, July 15, 2024
The director designates the commercial harvest of wild
					 clams, mussels, and oysters from nonstate tidelands and bedlands as an emerging
					 commercial fishery for which use of a vessel is not required.
Statutory Authority:
						RCW
						77.12.047. 06-04-015 (Order 06-08), §
												220-88D-020, filed 1/22/06,
						effective 2/22/06.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › COMMERCIAL SHELLFISH FISHERY ON NONSTATE LANDS › Section 220-360-120 - Eligibility to participate in the nonstate lands commercial wild clams, mussels, and oyster shellfish fishery

Current through Register Vol. 24-14, July 15, 2024
(1) Persons having an ownership interest or
				  contractual right to take shellfish from nonstate owned tidelands or bedlands
				  and who intend to commercially harvest wild stocks of clams, mussels, or
				  oysters are eligible to obtain a nonstate lands commercial wild clam, mussel,
				  and oyster trial fishery permit and to purchase an emerging commercial fishery
				  license. Both the permit and the license are required in order to commercially
				  harvest under this chapter.
(2) The
				  trial fishery permit must be obtained for each site to be harvested. Each
				  harvest site description will be the same as that used for obtaining
				  certification of approval issued by the state department of health. The trial
				  fishery permit must be renewed annually at the same time the site is
				  recertified by the state department of health.
(3) The commercial harvester is covered by a
				  single license for harvesting activity undertaken at any permitted site. The
				  license is effective for one year and must be renewed annually.
(4) "Commercial harvest" of wild clams,
				  mussels, and oysters includes both harvest for sale or barter and harvest of
				  the presumptive commercial quantities defined in
				  RCW
				  69.30.010.
Statutory Authority:
						RCW
						77.12.047. 06-04-015 (Order 06-08), §
												220-88D-030, filed 1/22/06,
						effective 2/22/06.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › COMMERCIAL SHELLFISH FISHERY ON NONSTATE LANDS › Section 220-360-130 - Nonstate lands commercial wild clams, mussels, and oysters - Application requirements - Notification requirements - Incidental take prohibited

Current through Register Vol. 24-14, July 15, 2024
(1) A person making
				  application for a wild clam, mussel, and oyster trial fishery permit must
				  provide the following for each site:
(a)
				  Documentation of ownership interest in or contractual right to harvest from the
				  lands from which the wild clams, mussels, or oysters are to be
				  harvested.
(b) A harvest site
				  certificate issued by the state department of health for the lands from which
				  the wild clams, mussels, or oysters are to be harvested.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › COMMERCIAL SHELLFISH FISHERY ON NONSTATE LANDS › Section 220-360-140 - Identification of wild stocks of clams, mussels, or oysters-Reporting requirements for the commercial harvest of wild clams, mussels, or oysters from nonstate aquatic lands-Conversion to private sector cultured aquatic products

Current through Register Vol. 24-14, July 15, 2024
(1) Based upon
				  RCW
				  15.85.020(3), the following
				  shellfish are distinguished from private sector cultured aquatic products and
				  are identified as wild stocks that are regulated under this chapter:
(a) All clams, mussels, or oysters that were
				  not propagated, farmed, or cultivated under the active supervision and
				  management of a private sector aquatic farmer; and
(b) All clams, mussels, or oysters that were
				  set naturally prior to the time an aquatic farm was established and placed
				  under the active supervision and management of a private sector aquatic
				  farmer.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-HAGFISH › Section 220-360-200 - Designation of the hagfish pot fishery as an emerging commercial fishery

Current through Register Vol. 24-14, July 15, 2024
The director designates the hagfish pot fishery as an
					 emerging commercial fishery for which use of a vessel is required. It is
					 unlawful to fish for, possess, or deliver hagfish taken for commercial purposes
					 unless the fisher has a valid emerging commercial fishery license and a hagfish
					 pot trial fishery permit.
Statutory Authority:
						RCW
						77.12.047. 05-21-067 (Order 05-245), §
												220-88E-010, filed 10/14/05,
						effective 11/14/05.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-HAGFISH › Section 220-360-210 - Emerging commercial fishery - Eligibility for trial fishery permits - Incidental catch

Current through Register Vol. 24-14, July 15, 2024
(1) An individual
				  may not hold more than one Washington hagfish pot trial permit.
(2) Hagfish pot trial fishery permits are not
				  transferable. Only the vessel designated on the emerging commercial fishery
				  license and hagfish pot trial fishery permit may be used to fish for or deliver
				  hagfish.
(3) A hagfish trial
				  fishery permit will be issued only to a natural person who has a valid emerging
				  commercial fishery license.
(4)
				  Incidental catch:
(a) It is unlawful to
				  retain any species other than hagfish.
(b) All species other than hagfish must be
				  carefully handled and returned to the water promptly.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-HAGFISH › Section 220-360-220 - Hagfish pot trial fishery-Season and gear

Current through Register Vol. 24-14, July 15, 2024
It is unlawful to fish for hagfish for commercial purposes
					 except as provided in this section:
(1) Season - Open year-round to hagfish pot
				  gear only.
(2) Area - Open only in
				  Pacific Ocean waters greater than 50 fathoms in depth.
(3) Gear restrictions:
(a) Maximum of 100 hagfish pots per permit.
				  Pots may be fished individually or on a common ground line.
(b) Hagfish pot gear requirements:
(i) Maximum entrance tunnel size of eleven
				  square inches. Entrance tunnels may be of any shape.
(ii) Each pot is required to have at least
				  one escape exit of at least nine and one-half square inches in opening and
				  which must be constructed of 120 thread size or smaller untreated cotton
				  twine.
(c) Buoy
				  requirements: Hag fish pot gear must be buoyed. Marker buoys must be floating
				  and visible on the surface of the water, equipped with a pole, flag, radar
				  reflector and operating light, and marked with the clear identification of the
				  permittee. If ground lines are used, ground line end marker buoys must display
				  the number of pots on the ground line.
It is unlawful to use gear that has one or more line marks
					 or to use multicolor line consistent with requirements for any other state or
					 federally managed commercial fishery operating in the U.S. West Coast Exclusive
					 Economic Zone, or in the state waters of Washington, Oregon, or
					 California.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-HAGFISH › Section 220-360-230 - Hagfish pot trial fishery - Logbook required

Current through Register Vol. 24-14, July 15, 2024
It is unlawful for a participant in the hagfish pot trial
					 fishery to fail to maintain and submit a legible, accurate, and complete
					 harvest log for all hagfish fishing activity. Logs will be submitted such that
					 the department receives them no later than the tenth day following the end of
					 each calendar month. Participants in the hagfish pot trial fishery must use a
					 Hagfish Harvest Logbook provided by the department to record all of their
					 hagfish fishing activity. Failure to submit logbook information may result in
					 revocation of a participant's hagfish pot trial fishery
					 permit.
Statutory Authority:
						RCW
						77.12.047. 09-14-031, §
												220-88E-040, filed 6/24/09,
						effective 7/25/09; 05-21-067 (Order 05-245), §
												220-88E-040, filed 10/14/05,
						effective 11/14/05.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-COASTAL MACKEREL › Section 220-360-300 - Designation of the coastal Pacific mackerel purse seine fishery as an emerging commercial fishery

Current through Register Vol. 24-14, July 15, 2024
(1) The director
				  designates the coastal Pacific mackerel purse seine fishery as an emerging
				  commercial fishery for which use of a vessel is required. It is unlawful to
				  fish for, possess, or deliver Pacific mackerel taken for commercial purposes
				  from Washington territorial waters west of the Bonilla-Tatoosh line or from
				  waters of the Exclusive Economic Zone unless the fisher has a valid emerging
				  commercial fishery license and a valid coastal Pacific mackerel purse seine
				  trial or experimental fishery permit.
(2) The following licenses may not be used to
				  fish for, possess, or deliver Pacific mackerel taken in Washington territorial
				  waters west of the Bonilla-Tatoosh line or waters of the Exclusive Economic
				  Zone: Shrimp trawl - Non-Puget Sound fishery license, ocean pink shrimp
				  delivery license, coastal spot shrimp pot fishery license, nonlimited entry
				  delivery license, salmon troll delivery license, salmon delivery license, crab
				  pot fishery license, Dungeness crab -Coastal fishery license.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-COASTAL MACKEREL › Section 220-360-310 - Emerging commercial fishery-Eligibility for coastal Pacific mackerel purse seine fishery permits-Terms and conditions of use-Renewal-Vessel restriction

Current through Register Vol. 24-14, July 15, 2024
(1) No individual
				  may hold more than one Washington coastal Pacific mackerel purse seine trial or
				  experimental fishery permit.
(2)
				  Coastal Pacific mackerel fishery permits are not transferable. Only the vessel
				  designated on the emerging commercial fishery license and Pacific mackerel
				  fishery permit may be used to fish for or deliver Pacific mackerel in the
				  directed Pacific mackerel fishery.
(3) Coastal Pacific mackerel fishery permits
				  may be revoked by the director, and future permits denied by the director, for
				  failure to comply with conditions specified in the permits or violations of
				  other fishing regulations. A coastal Pacific mackerel fishery permit will not
				  be renewed if the emerging commercial fishery license is revoked or future
				  fishing privileges of the licensee are suspended.
(4) Coastal Pacific mackerel fishery permits
				  are only valid for the year issued and expire on December 31st of the year
				  issued.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-COASTAL MACKEREL › Section 220-360-320 - Coastal Pacific mackerel purse seine fishery-Harvest, landing, and reporting requirements-Gear

Current through Register Vol. 24-14, July 15, 2024
(1) Licensing, harvest, and reporting
				  requirements. It is unlawful for persons fishing under a Washington trial or
				  experimental Pacific mackerel purse seine fishery permit to fail to:
(a) Carry an observer onboard for any Pacific
				  mackerel fishing trip if requested by the department;
(b) Surrender up to five hundred Pacific
				  mackerel per vessel per trip if requested by department samplers for biological
				  information; and
(c) Complete a
				  department-issued logbook prior to landing, for each month in which fishing
				  activity occurs, and submit it to the department by the 15th day of the
				  following month.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-PUGET SOUND WHITING › Section 220-360-400 - Puget Sound whiting endorsement validation procedure

Current through Register Vol. 24-14, July 15, 2024
(1) A Puget Sound whiting endorsement for the
				  current year will be issued to a natural person who meets the following
				  qualifications:
(a) Is the possessor of a
				  valid trawl license.
(b) Submits
				  proof of landing as required by RCW 75.30.170.
(c) Submits proof of ownership or lease, as
				  of January 1, 1986, of an otter trawl vessel and otter trawl net, which may be
				  either a pelagic trawl net or a bottom trawl net.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-PUGET SOUND WHITING › Section 220-360-410 - Puget Sound whiting endorsement - Transfer

Current through Register Vol. 24-14, July 15, 2024
(1) A person may transfer a Puget Sound
				  whiting endorsement to that person's spouse or natural or step-child only. The
				  person making the transfer is required to show proof of the relationship.
				  Acceptable proof is a marriage certificate, birth certificate, or decree of
				  adoption. A Puget Sound whiting endorsement will only be transferred to a
				  person who has a valid trawl license, and transfer must be documented at the
				  department's licensing division.
(2) A person may transfer a Puget Sound
				  whiting endorsement from one vessel to another vessel by making application at
				  the department's licensing division for a transfer of the person's trawl
				  license from the first vessel to the second vessel, and informing the licensing
				  division, in writing, that the person is additionally transferring the Puget
				  Sound whiting endorsement. In the case of an individual having more than one
				  trawl license, the transfer of the Puget Sound whiting endorsement from one
				  vessel to a second vessel will be made in substantially the same form as if a
				  trawl license was being transferred.
Statutory Authority: RCW 75.08.080. 87-04-003 (Order
						87-03), §
												220-87-020, filed
						1/22/87.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-PUGET SOUND WHITING › Section 220-360-500 - Designation of an emerging commercial fishery in the Lower Columbia River

Current through Register Vol. 24-14, July 15, 2024
(1) The director
				  designates an emerging commercial fishery in the Lower Columbia River. The
				  director has determined a need to limit the number of participants in this
				  fishery.
(2) It is unlawful to fish
				  for, possess, or deliver salmon taken for this fishery unless the fisher
				  possesses a valid emerging commercial fishery license and experimental fishery
				  permit. A violation of this subsection is punishable under
				  RCW
				  77.15.500 Commercial fishing without a
				  license-Penalty.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-PUGET SOUND WHITING › Section 220-360-510 - Columbia River emerging commercial fishery-Qualifications

Current through Register Vol. 24-14, July 15, 2024
To qualify for an emerging commercial fishery license and
					 experimental fishery permit, a person must:
(1) Possess a commercial gillnet salmon
				  license/permit issued by Washington (WA) or Oregon (OR) for the Columbia River;
				  and
(a) Demonstrate by valid Washington or
				  Oregon fish receiving tickets that salmon have been taken in the Columbia River
				  or Columbia River select areas within the most recent five calendar years by
				  the applicant under a commercial salmon license issued for the Columbia River;
				  or
(b) Demonstrate participation in
				  a test fishery (WA) or possession and use of an experimental gear permit (OR)
				  using alternative commercial fishing gears within the most recent five calendar
				  years.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-PUGET SOUND WHITING › Section 220-360-520 - Columbia River emerging commercial fishery-Issuance of an emerging commercial fishery license and experimental fishery permit-License and permit conditions

Current through Register Vol. 24-14, July 15, 2024
(1) To maintain
				  consistency in this fishery enabling the department to gather the best
				  available information, a fisher selected by lottery will be able to obtain a
				  permit for the duration of the fishery.
(2) Applications for participation in the
				  lottery are due by October 15th of the year preceding the fishery starting with
				  October 15, 2023, (for the fishery starting in 2024). Any permits remaining
				  available or that become available will be part of the subsequent year's
				  lottery subject to all of the same conditions of the original lottery taking
				  place in 2023.
(a) Only one application per
				  person is allowed, and only one alternative gear type may be permitted per
				  person for this emerging commercial fishery. Selected fishers wishing to switch
				  between alternative gear types (e.g., purse seine to beach seine) may do so
				  with written approval from the WDFW staff and said switch may only occur
				  between fishing seasons.
(b) The
				  proof of purchase for the alternative gear an applicant is interested in
				  fishing must be submitted to WDFW by April 30th in the inaugural year for each
				  fisher. If such proof of purchase is not submitted by the above date, the
				  department will notify that fisher of their failure and select a new fisher to
				  replace them in the fishery.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-PUGET SOUND WHITING › Section 220-360-530 - Columbia River emerging commercial fishery-Season, area, and gear requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  following gear is allowable:
(a) Purse seines
				  as defined in WAC
				  220-350-110.
(b) Beach seines as defined in WAC
				  220-350-040.
(c) Pound nets as defined here as nets
				  attached to fixed pilings, stakes, and/or anchors to form a lead, guiding fish
				  into at least one heart, pot, or spiller that directs fish into a live well for
				  sorting.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-360 - Emerging commercial fisheries › EMERGING COMMERCIAL FISHERY-PUGET SOUND WHITING › Section 220-360-540 - Columbia River emerging commercial fishery-Allowable possession and sales-Catch handling requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Allowable possession and sales: Salmon, and as determined by the states of
				  Oregon and Washington via the Columbia River compact process. All species other
				  than salmon must be carefully handled and promptly returned to the
				  water.
(2) Handling of catch:
				  Salmon catch may only be handled by hand or with rubber coated nets when
				  sorting fish. Fish must be sorted while submerged in the water; it is unlawful
				  to dry sort fish on land or on deck.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-010 - Aquaculture

Current through Register Vol. 24-14, July 15, 2024
It shall be unlawful for any person, firm, or corporation to
				  cultivate food fish, shellfish, or other aquatic animals for commercial
				  purposes except as follows in chapter 220-370 WAC.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-020 - Aquaculture - Intent

Current through Register Vol. 24-14, July 15, 2024
The intent of this chapter is to establish rules that
				  promote the health, productivity and well-being of aquaculture products and the
				  wild stock fisheries. These rules will identify the conditions that will be
				  required for transfer and importation of live aquaculture products and the
				  circumstances when action will be taken to control disease. These rules have
				  been developed jointly by the department and the department of
				  agriculture.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-040 - Aquatic farm - Definition

Current through Register Vol. 24-14, July 15, 2024
An aquatic farm is any facility or tract of land used for
				  private, commercial culture of aquatic products. Each geographically separate
				  facility or tract of land used for commercial culture shall constitute a
				  separate farm site location. In applying for aquatic farm registration for
				  shellfish, the applicant must identify the farm site using the same description
				  used for applying for the department of health harvest site certificate
				  required to harvest shellfish for sale for human consumption.
Statutory Authority:
					 RCW
					 77.12.047. 06-09-020 (Order 06-70), §
											220-76-015, filed 4/11/06,
					 effective 5/12/06. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043
					 (Order 86-102), §
											220-76-015, filed 9/12/86; Order
					 980, §
											220-76-015, filed
					 2/3/72.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-060 - Aquatic farm registration required

Current through Register Vol. 24-14, July 15, 2024
(1) It shall be unlawful for any person to
				cultivate aquatic products (private sector cultured aquatic products as defined
				under RCW
				15.85.020(3) ) without the
				aquatic farmer having first registered the aquatic farm with the department.
				Any aquatic farm must be registered with the department prior to the
				commencement of culture activities. The department shall grant registration to
				qualified persons within seven days of the receipt of a complete aquatic farm
				registration form.
(2) Aquatic farm
				registrations are nontransferable. In the event there is a change of ownership
				of an aquatic fish farm established under chapter 220-370 WAC the aquatic farm
				registration issued to the previous owner shall be invalid.
(3) Registrations must be renewed annually,
				prior to December 31 for the succeeding calendar year. Reporting of aquaculture
				activity (WAC 220-370-160 ) during the previous calendar year shall constitute
				renewal for the following year.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-070 - Aquatic farm registration form Required information

Current through Register Vol. 24-14, July 15, 2024
If asked by an aquatic farmer, the department will prepare,
				  print, and distribute an aquatic farm registration form. The following
				  information must be provided by the aquatic farmer:
(1)The name, mailing address, and telephone
				number of the individual or company that owns or leases the aquatic
				farm;
(2)The name and telephone
				number of a contact person immediately responsible for operation of the aquatic
				farm;
(3) The department of health
				(DOH) shellfish certification number if DSHS requires a certification
				number;
(4)The common name of
				aquatic species being cultured;
(5)The method(s) of culture the aquatic
				farmer is using on the farm;
(6)If
				it is a freshwater or onshore aquatic farm, the legal description, street
				address, county, aquaculture district, and the number of separate tracts or
				facilities within the district that comprise the aquatic farm(s);
(7)If it is a marine aquatic farm, the name
				of bay or inlet, county, and aquaculture district for the farm(s);
(8)The signature of the company official or
				owner;
(9)A site drawing of the
				aquatic farm and a brief narrative description of the facility and its
				operation. Freshwater farms must also identify the source of culture water,
				where the water is discharged, and the watershed where the facility is
				located;
(10) Documentation of
				ownership or present right of possession of the land comprising the aquatic
				farm.
Statutory Authority:
					 RCW
					 77.04.012,
					 77.04.013,
					 77.04.055,
					 77.12.045, and
					 77.12.047. 13-02-043 (Order
					 12-290), §
											220-76-020, filed 12/21/12,
					 effective 1/21/13. Statutory Authority: RCW 75.08.080 and 75.58.040. 89-10-033
					 (Order 89-27), §
											220-76-020, filed 4/27/89;
					 86-19-043 (Order 86-102), §
											220-76-020, filed 9/12/86; Order
					 980, §
											220-76-020, filed
					 2/3/72.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-080 - Aquaculture facility inspection authority - Generally

Current through Register Vol. 24-14, July 15, 2024
Authorized department employees shall, at reasonable times
				  and in a reasonable manner, have access to all finfish aquaculture facilities
				  to conduct inspections for the prevention and suppression of aquaculture
				  diseases, including, but not limited to, taking samples for detection of
				  regulated finfish pathogens and other diseases. If the department is denied
				  access, a court of competent jurisdiction may issue a search warrant
				  authorizing access to the facility upon a showing that the facility is engaged
				  in aquaculture production and that access has been denied.
Statutory Authority:
					 RCW
					 34.05.353(1)(c) and (e), (2)(c) and
					 (d), and
					 77.12.047(1)(o).
					 12-11-089 (Order 12-61), §
											220-77-081, filed 5/18/12,
					 effective 6/18/12. Statutory Authority:
					 RCW
					 77.12.047. 02-02-013 (Order 01-281), §
											220-77-081, filed 12/21/01,
					 effective 1/21/02.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-090 - Aquaculture - Recordkeeping

Current through Register Vol. 24-14, July 15, 2024
It is the responsibility of a registered finfish aquatic
				  farmer to maintain records of laboratory inspection reports on the live product
				  of that finfish aquatic farmer issued for the previous twenty-four months. It
				  is the responsibility of a finfish aquatic farmer to maintain records of
				  shipments of all live products to other sites or facilities that occurred
				  during the previous twenty-four months, which shipment reports must contain, at
				  a minimum, the shipping date, species, amount, and name and address of the
				  receiver of the shipment. Laboratory inspection reports and shipping reports
				  must be made available to authorized department employees. Records of a
				  proprietary nature, such as lists and addresses of clients, are not public
				  records and are not available for public inspection.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-100 - Marine finfish aquaculture - Approval permit for marine finfish aquaculture

Current through Register Vol. 24-14, July 15, 2024
(1) It
				is unlawful for any aquatic farmer to possess any species, stock or race of
				marine finfish, defined as finfish being raised in marine waters, in net pens,
				cages or other rearing vessels without having first obtained and possessing a
				valid marine finfish aquaculture permit from the director for that species,
				stock and race at that specific location of rearing or holding. The director
				will approve, condition, or deny a permit within sixty days after a completed
				application containing all requested information is received by the
				department's aquaculture coordinator. The application must be accompanied by an
				escape prevention plan and the escape reporting and recapture plan as required
				by this chapter. A permit may be denied based on the determination by the
				director of significant genetic, ecological or fish health risks of the
				proposed fish rearing program on naturally occurring fish and wildlife, their
				habitat or other existing fish rearing programs. The use of transgenic fish (as
				defined by the actual transfer of genetic material from one species to another)
				is prohibited. Each permit application must contain a means mutually agreed to
				by the department and the aquatic farmer to individually identify to the
				aquatic farmer all marine finfish in aquaculture hatched after December 31,
				2003. A permit will be valid for a period of five years from the date of
				approval. The department will comply with the procedures of any appropriate
				federal court order in processing permit applications. Any change in species,
				stock, or race at a specific location of rearing or holding will require
				reapproval of the marine finfish rearing operation. In the event of denial, the
				affected person may appeal the decision to the director. The department will
				advise the person of the appeals process. Additional appeals may be made
				through the Administrative Procedure Act (chapter 34.05 RCW).
(2) Any person who imports marine finfish
				into the state for aquaculture or transports marine finfish within the state
				for aquaculture and who does not have an approved marine finfish aquaculture
				permit is guilty of unlawfully transporting finfish. Violation of this section
				shall be enforced under
				RCW
				77.15.290.
Statutory Authority:
					 RCW
					 77.12.047. 03-02-047 (Order 02-309), §
											220-76-100, filed 12/24/02,
					 effective 7/1/03.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-110 - Marine finfish aquaculture - Escape prevention plan required

Current through Register Vol. 24-14, July 15, 2024
A fish escape prevention plan is required with each
				  application for a marine finfish aquaculture permit and approval by the
				  department of the fish escape prevention plan is required before issuance of a
				  marine finfish aquaculture permit.
(1)
				The escape prevention plan must include:
(a)
				Routine procedures and best management procedures used to minimize the risk of
				escapement from pens during normal day-to-day operations.
(b) Procedures to minimize escapements in the
				event the net-pens need to be moved, repaired, or manipulated in any manner, or
				during stocking or harvesting operations, which could result in a release of
				fish to state waters. At a minimum, prior to the net-pens being moved, a
				bathymetric analysis should be made along the intended travel route(s) to
				ensure adequate depth and the absence of underwater hazards or
				obstructions.
(c) Procedures for
				routine training of employees and contractors in escape prevention.
(d) Procedures for routinely determining and
				tracking the number of fish in each pen lost due to predation and mortality,
				and the number of fish lost due to escapement.
(e) Procedures for monitoring the
				implementation of (a) through (d) of this subsection.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-120 - Marine finfish aquaculture - Escape reporting and recapture plan required

Current through Register Vol. 24-14, July 15, 2024
(1) It
				is the responsibility of aquatic farmers to report an escape of marine finfish
				and to attempt to recapture escaped fish. Escaped marine finfish will be
				treated by the department the same as feral fish, and the department may
				augment capture and removal of such fish by scheduling recreational or
				commercial fisheries.
(2) An escape
				reporting and recapture plan is required with each application for a marine
				finfish aquaculture permit and approval by the department of the fish escape
				reporting and recapture plan is required before issuance of a marine finfish
				aquaculture permit.
(3) The escape
				reporting and recapture plan must include:
(a)
				Reporting procedure. Procedures for determining what constitutes a reportable
				fish escape. An emergency contact list in the event of a reportable fish escape
				from the permittee's net-pens, including local government, the department and
				the Washington department of ecology.
(b) Procedures requiring the permittee to
				report any reportable fish escape, within twenty-four hours of the permittee
				having knowledge of that escape, to local government, the department, and
				ecology. The report shall include the location, number, age class, disease and
				medication history, and cause of escape.
(c) Procedures to recapture escaped fish.
				Each marine aquatic farming location shall have a procedure for attempting
				recapture of escaped fish. The plan may include the use of facilities' skiffs,
				seines or nets and/or tribal and commercial fishers acting under contract with
				the aquaculture facility. For all reportable escapes, the permittee shall also
				submit a follow-up report describing all fish recovery efforts initiated in
				response to the escape, and effectiveness of the recovery efforts.
(d) Emergency procedures that will be taken
				to minimize the number of escaped fish.
(e) In the event the escaped fish were being
				treated with antibiotics or other drugs subject to USFDA withdrawal
				requirements and the withdrawal periods had not expired at the time of the
				escape, the permittee shall also include this information in the report
				required by (b) of this subsection, and shall provide a copy of the report to
				the Washington state department of health.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-130 - Aquaculture facility inspection authority - Marine finfish aquaculture

Current through Register Vol. 24-14, July 15, 2024
Authorized department employees shall, at reasonable times
				  and in a reasonable manner, have access to marine aquatic farming locations to
				  conduct inspections to determine conformity with the law and the rules of the
				  department relating to preventing escaped finfish and/or the recapture of
				  escaped finfish. The department shall conduct at least annual inspections of
				  marine finfish aquaculture facilities of the state.
Statutory Authority:
					 RCW
					 34.05.353(1)(c) and (e), (2)(c) and
					 (d), and
					 77.12.047(1)(o).
					 12-11-089 (Order 12-61), §
											220-76-130, filed 5/18/12,
					 effective 6/18/12. Statutory Authority:
					 RCW
					 77.12.047. 03-02-047 (Order 02-309), §
											220-76-130, filed 12/24/02,
					 effective 7/1/03.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-140 - Marine finfish aquaculture - Atlantic salmon watch program established

Current through Register Vol. 24-14, July 15, 2024
Contingent on funding, the director shall develop and
				  implement an Atlantic salmon watch program which will include the following
				  elements:
(1) Establish an Atlantic
				salmon watch coordinator position whose responsibilities include providing a
				focal point for consolidation of scientific information and implementation of
				subsections (2) through (5) of this section.
(2) Develop and maintain a system to record
				and report observations and catch of Atlantic salmon in waters of the state,
				including modification of the recreational catch data reporting system, the
				commercial fish ticket reporting system, education of volunteers to identify
				and report spawning sites, and monitoring of selected watersheds to detect
				spawning Atlantic salmon.
(3) Model
				the impact of Atlantic salmon on naturally produced and cultured finfish stocks
				by estimates of identification of Atlantic salmon standing crop or populations
				in the wild, detailed life history requirements, and estimates of niche
				overlap.
(4) Coordination with
				marine finfish aquatic farmers under WAC 220-370-110 for the reporting of
				escapes of Atlantic salmon from marine aquatic farming locations, and
				adjustment of escape prevention plans filed with the department under WAC
				220-370-100 to prevent future escapes.
(5) Provide public information on
				recreational opportunity in the event of an escape, assist the public in
				understanding the effect of Atlantic salmon escapes on native populations, and
				provide a public contact for all department efforts regarding Atlantic
				salmon.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-150 - Marine finfish aquaculture - Educational program for marine finfish aquatic farmers

Current through Register Vol. 24-14, July 15, 2024
Contingent on funding, the director shall develop and
				  implement an educational program with marine aquatic farmers which will include
				  the following elements:
(1) WDFW will
				notify aquatic farmers of upcoming WDFW hatchery workshops, meetings or tours
				with regard to hatchery disease control procedures and prevention, feeding and
				waste control at hatcheries and programs investigating raising marine finfish
				species.
(2) Annual "workshop"
				co-hosted by the industry, WDFW and other interested parties reviewing new
				containment technologies, or other environmental developments affecting the
				aquaculture industry.
(3)
				Information sharing by WDFW from any regional or international symposiums
				attended by WDFW staff covering aspects of marine finfish
				aquaculture.
Statutory Authority:
					 RCW
					 77.12.047. 03-02-047 (Order 02-309), §
											220-76-150, filed 12/24/02,
					 effective 7/1/03.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-160 - Duties of aquatic farmers

Current through Register Vol. 24-14, July 15, 2024
(1) It
				is unlawful for an aquatic farmer shipping out-of-state or selling private
				sector cultured aquatic products to fail to:
(a) Keep complete and accurate records
				showing the quantity of products sold and the location of the aquatic farm
				where products were grown; and
(b)
				Completely, accurately, and legibly prepare an aquatic farm production
				report.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-170 - Description of aquatic farm production report

Current through Register Vol. 24-14, July 15, 2024
(1) There is hereby created an aquaculture
				production report form to be prepared, printed and distributed on request by
				the department. The aquatic farmer shall provide the following information:
(a) Firm name: Name of aquaculture firm and
				telephone number.
(b) Firm address:
				Address of aquaculture firm.
(c)
				Aquatic farm numbers: Department assigned aquatic farm registration number and
				location number.
(d) Species:
				Common name of species grown at aquatic farm site.
(e) Quantity harvested for sale: Quantity, in
				production units, of each species harvested for sale. The production may be
				shown in pounds, dozens, gallons, bushels or bags.
(f) Unit value: Value per production
				unit.
(g) Signature: Signature of
				firm executive or authorized representative and date signed.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-180 - Aquaculture - Disease - Control

Current through Register Vol. 24-14, July 15, 2024
Outbreaks of disease affecting food fish, shellfish, and
				  aquatic animals in fish farm facilities shall be reported immediately to the
				  department. If such outbreaks represent a serious threat to fisheries resources
				  of the state, the director may immediately order such actions as deemed
				  necessary to protect the fisheries resource of the state such as, but not
				  limited to, quarantining, destruction of stock, sterilization of facilities and
				  disposal of mortalities.
Order 980, §
											220-76-030, filed
					 2/3/72.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › FISH › Chapter 220-370 - Aquaculture › Section 220-370-190 - Finfish aquaculture disease control

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful for any person to import
				into or transport within the state of Washington finfish aquaculture products
				without first having obtained a permit to do so issued by the department. A
				copy of the transport permit shall accompany the finfish aquaculture products
				at all times within the state of Washington, and must be presented upon request
				to authorized department employees.
(2) The director may impose conditions on a
				transport permit as necessary to ensure the protection of aquaculture products
				and native finfish from disease when the director concludes that there is a
				reasonable risk of disease transmission associated with the finfish aquaculture
				products.
(3) Upon the initial
				detection of a regulated pathogen, the department's fish health unit must be
				notified by the end of the following working day after diagnosis is made. The
				department will confirm or deny the presence of the regulated pathogen. Pending
				confirmation the department may take action under WAC 220-370-240(1)(a) or
				(b).
(4) The director will issue,
				upon request, copies of the rules and policies dealing with finfish disease
				control.
(5) The director will
				issue or deny a transport permit within thirty days after a completed
				application containing all requested information is received by the
				department's fish health unit.
(6)
				Violation of these rules or the conditions of the transport permit may result
				in the suspension or revocation of the permit.
(7) In the event of denial, suspension, or
				revocation of a transport permit, the affected person may appeal the decision
				to the director. The department will advise the person of the appeals process.
				Additional appeals may be made through the Administrative Procedure Act
				(chapter 34.04 RCW). A suspended or revoked transport permit will remain
				suspended or revoked during the appellate process.
(8) Any person desiring to conduct
in
				vivo
research using a regulated finfish pathogen is required to first
				obtain permission in writing from the department prior to beginning the
				research.