WAC 220-69-240
Duties of commercial purchasers and
receivers. (1) It is unlawful for any person originally
receiving fresh or iced fish or shellfish or frozen fish or
shellfish that have not been previously delivered in another
state, territory, or country, except purchases or receipts
made by individuals or consumers at retail, to fail to be a
licensed wholesale fish dealer or fish buyer, and to fail to
immediately, completely, accurately, and legibly prepare the
appropriate state of Washington fish receiving ticket for each
and every purchase or receipt of such commodities. Each
delivery must be recorded on a separate fish receiving ticket.
Failure to be licensed under this subsection is punishable
under RCW 77.15.620.
(2) It is unlawful for any person originally receiving
fresh or iced fish or shellfish previously delivered in
another state, territory, or country, to fail to be a licensed
wholesale fish dealer or fish buyer, and to fail to
immediately, completely, accurately, and legibly prepare the
appropriate state of Washington fish receiving ticket for each
and every purchase or receipt of such commodities. Failure to
prepare a fish receiving ticket under this subsection is
punishable under RCW 77.15.630.
(3) It is unlawful for any original receiver of crab or
spot shrimp to fail to record all crab or spot shrimp aboard
the vessel making the delivery to the original receiver. The
poundage of any fish or shellfish deemed to be unmarketable,
discards, or weigh backs must be shown on the fish receiving
ticket and identified as such, but a zero dollar value may be
entered for such fish or shellfish. Failure to prepare a fish
receiving ticket under this subsection is punishable under RCW 77.15.630.
(4) Any employee of a licensed wholesale dealer who has
authorization to receive or purchase fish or shellfish for
that dealer on the premises of the primary business address or
any of its plant locations as declared on the license
application, shall be authorized to initiate and sign fish
receiving tickets on behalf of his employer. The business,
firm, and/or licensed wholesale fish dealer who the buyers are
operating under shall be responsible for the accuracy and
legibility of all such documents initiated in its name.
(5) It is unlawful for the original receiver to fail to
initiate the completion of the fish receiving ticket upon
receipt of any portion of a commercial catch. Should the
delivery of the catch take more than one day, the date that
the delivery is completed must be entered on the fish
receiving ticket as the date of delivery. If, for any reason,
the delivery vessel leaves the delivery site, the original
receiver must immediately enter the current date on the fish
receiving ticket. Violation of this subsection is punishable
under RCW 77.15.630.
(6) Forage fish: It is unlawful for any person receiving
forage fish to fail to report the forage fish on fish
receiving tickets initiated and completed on the day the
forage fish are delivered. Herring are also required to be
reported on herring harvest logs. The harvested amount of
forage fish must be entered upon the fish ticket when the
forage fish are off-loaded from the catcher vessel. An
estimate of herring, candlefish, anchovy, or pilchards caught
but not sold due to mortality must be included on the fish
ticket as "loss estimate." In the coastal pilchard fishery,
the amount of pilchards, by weight, purchased for the purposes
of conversion into fish flour, fishmeal, fish scrap,
fertilizer, fish oil, other fishery products, or by-products
for purposes other than human consumption or fishing bait,
must be included on the fish ticket as "reduction."
Violation of this subsection is a gross misdemeanor,
punishable under RCW 77.15.640.
(7) Geoduck: It is unlawful for any person receiving
geoducks, regardless of whether or not the receiver holds a
license as required under Title 77 RCW, to fail to accurately
and legibly complete the fish receiving ticket initiated on
the harvest tract immediately upon the actual delivery of
geoducks from the harvesting vessel onto the shore. This fish
receiving ticket shall accompany the harvested geoducks from
the department of natural resources harvest tract to the point
of delivery. Violation of this subsection is a gross
misdemeanor, punishable under RCW 77.15.640.
(8) Pacific whiting: It is unlawful for the original
receiver of Pacific whiting to fail to enter an estimated
weight of Pacific whiting on the fish receiving ticket
immediately upon completion of the delivery. The exact
weights of whiting, by grade, and all incidental species in
the delivery must be entered on the fish receiving ticket
within twenty-four hours of the landing. Violation of this
subsection is a gross misdemeanor, punishable under RCW 77.15.640.
(9) Puget Sound shrimp - Pot gear: It is unlawful for
the original receiver of shrimp other than ghost shrimp taken
from Puget Sound by pot gear to fail to report to the
department the previous week's purchases by 10:00 a.m. the
following Monday. For harvest in Crustacean Management
Regions 1 or 2, reports must be made to the La Conner district
office by phone at 360-466-4345, extension 245, or by fax at
360-466-0515. For harvest in Crustacean Management Regions 3,
4, or 6, reports must be made to the Point Whitney Shellfish
Laboratory by phone at 1-360-796-4601, option 1, or by fax at
360-586-8408. All reports must specify the serial numbers of
the fish receiving tickets on which the previous week's shrimp
were sold, plus the total number of pounds caught by gear
type, the Marine Fish-Shellfish Management and Catch Reporting
Area (Catch Area), and the species listed on each ticket. Violation of this subsection is a gross misdemeanor,
punishable under RCW 77.15.560.
(a) It is unlawful for any person originally receiving or
purchasing shrimp, other than ghost shrimp, harvested from
Catch Area 23A, to fail to record either 23A-C, 23A-E, 23A-W,
or 23A-S on shellfish receiving tickets based on the location
of harvest and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross
misdemeanor, punishable under RCW 77.15.640.
(b) It is unlawful for any person originally receiving or
purchasing shrimp, other than ghost shrimp, harvested from
Catch Area 26A, to fail to record either 26A-E or 26A-W on
shellfish receiving tickets based on the location of harvest
and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor,
punishable under RCW 77.15.640.
(c) It is unlawful for any person originally receiving or
purchasing shrimp, other than ghost shrimp, harvested from
Catch Area 26B, to fail to record either 26B-1 or 26B-2 on
shellfish receiving tickets based on the location of harvest
and the boundary definitions specified in WAC 220-52-051. Violation of this subsection is a gross misdemeanor,
punishable under RCW 77.15.640.
(d) It is unlawful for any person originally receiving or
purchasing shrimp, other than ghost shrimp, harvested from
Catch Areas 20B, 21A, and 22A, to fail to record either
1A-20B, 1A-22A, 1B-20B, 1B-21A, 1B-22A, or 1C-21A on shellfish
receiving tickets based on the location of harvest and the
boundary definitions specified in WAC 220-52-051. Violation
of this subsection is a gross misdemeanor, punishable under
RCW 77.15.640.
(10) Puget Sound shrimp - Trawl gear: It is unlawful for
the original receiver of shrimp other than ghost shrimp taken
from Puget Sound by trawl gear to fail to report to the
department the previous day's purchases by 10:00 a.m. the
following morning. For harvest in Crustacean Management
Region 1, reports must be made to the La Conner district
office by phone at 360-466-4345, extension 245, or by fax at
360-466-0515. For harvest in Crustacean Management Region 3,
reports must be made to the Point Whitney Shellfish Laboratory
by phone at 1-360-796-4601, option 1, or by fax at
360-586-8408. All reports must specify the serial numbers of
the fish receiving tickets on which the previous day's shrimp
were sold, the total number of pounds caught by gear type, the
Marine Fish-Shellfish Management and Catch Reporting Area, and
the species listed on each ticket. Violation of this
subsection is a gross misdemeanor, punishable under RCW 77.15.560.
(11) Puget Sound crab: It is unlawful for any wholesale
dealer acting in the capacity of an original receiver of
Dungeness crab taken by nontreaty fishers, from Puget Sound,
to fail to report to the department the previous day's
purchases by 10:00 a.m. the following business day. Reports
must be made to the Point Whitney Shellfish Laboratory by fax
at 360-586-8408 or by phone at 1-866-859-8439, option 5, and
must specify the dealer name; dealer phone number; date of
delivery of crab to the original receiver; and the total
number of pounds of crab caught by nontreaty fishers, by Crab
Management Region or by Marine Fish-Shellfish Management and
Catch Reporting Area. The fish receiving ticket reporting
requirement of WAC 220-69-240 remains in effect. Violation of
this subsection is a gross misdemeanor, punishable under RCW 77.15.560.
(12) Salmon and sturgeon:
(a) During any Puget Sound fishery opening that is
designated as "quick reporting required," per WAC 220-47-001:
(i) It is unlawful for any wholesale dealer acting in the
capacity of an original receiver to fail to report all
purchases of salmon and sturgeon made on the previous calendar
day, or for a direct retail endorsement (DRE) holder to fail
to report all salmon offered for retail sale on the previous
calendar day.
(ii) The report must include dealer or DRE holder name
and purchasing location, date of purchase, each fish ticket
number, including alpha, used on the purchasing date, and the
following catch data for each fish ticket used: Total number
of days fished, gear, catch area, species, number, and total
weight for each species purchased and all take home fish not
purchased (wholesale dealer) or sold (DRE).
(iii) When quick reporting is required, Puget Sound
reports must be submitted by 10:00 a.m. on the day after the
purchase date. Submission of a report is not complete until
the report arrives at the designated department location. Reports can be submitted via fax at 360-902-2949; via e-mail
at psfishtickets@dfw.wa.gov; or via phone at 1-866-791-1279. In fisheries under Fraser Panel Control within Fraser Panel
Area Waters (area defined under Art. XV, Annex II, Pacific
Salmon Treaty 1985), other reporting requirements not listed
in this subsection may be necessary under Subpart F of the
International Fisheries Regulations, 50 CFR Ch. III §300.93.
(b) During any coastal troll fishery opening that is
designated by rule as "quick reporting required":
(i) It is unlawful for any wholesale dealer acting in the
capacity of an original receiver to fail to report all
purchases of salmon and sturgeon made on the previous calendar
day, or for a direct retail endorsement (DRE) holder to fail
to report all salmon offered for retail sale on the previous
calendar day.
(ii) The report must include dealer or DRE holder name
and purchasing location, date of purchase, each fish ticket
number, including alpha, used on the purchasing date, and the
following catch data for each fish ticket used: Total number
of days fished, gear, catch area, species, number, and total
weight for each species purchased and all take home fish not
purchased (wholesale dealer) or sold (DRE).
(iii) When quick reporting is required, coastal troll
reports must be submitted by 10:00 a.m. on the day after the
purchase date. Submission of a report is not complete until
the report arrives at the designated department location. Reports can be made via fax at 360-902-2949; via e-mail at
trollfishtickets@dfw.wa.gov; or via phone at 1-866-791-1279.
(c) During any Grays Harbor or Willapa Bay fishery
opening that is designated by rule as "quick reporting
required":
(i) It is unlawful for any wholesale dealer acting in the
capacity of an original receiver to fail to report all
purchases of salmon and sturgeon made on the previous calendar
day, or for a direct retail endorsement (DRE) holder to fail
to report all salmon offered for retail sale on the previous
calendar day.
(ii) The report must include dealer or DRE holder name
and purchasing location, date of purchase, each fish ticket
number, including alpha, used on the purchasing date, and the
following catch data for each fish ticket used: Gear, catch
area, species, number, and total weight for each species
purchased and all take home fish not purchased (wholesale
dealer) or sold (DRE).
(iii) When quick reporting is required, Grays Harbor and
Willapa Bay reports must be submitted by 10:00 a.m. on the day
after the purchase date. Submission of a report is not
complete until the report arrives at the designated department
location. Reports can be made via fax at 360-664-0689; e-mail
at harborfishtickets@dfw.wa.gov; or phone at 1-866-791-1280.
(d) During any Columbia River fishery opening that is
designated by rule as "quick reporting required":
(i) It is unlawful for any wholesale dealer acting in the
capacity of an original receiver to fail to report all
purchases of salmon and sturgeon, or for a direct retail
endorsement (DRE) holder to fail to report all salmon offered,
for retail sale.
(ii) The report must include dealer or DRE holder name
and purchasing location, date of purchase, each fish ticket
number, including alpha, used on the purchasing date, and the
following catch data for each fish ticket used: Gear, catch
area, species, number, and total weight for each species
purchased and all take home fish not purchased (wholesale
dealer) or sold (DRE).
(iii) When quick reporting is required, Columbia River
reports must be submitted within 5, 8, 12, or 24 hours of
closure of the designated fishery. The time frame for
submitting reports will be established by the department at
the time of adoption of the quick reporting fishery. Adoption
and communication of the quick reporting regulations for a
given fishery will occur in conjunction with the adoption of
said fishery through the Columbia River Compact. Submission
of a report is not complete until the report arrives at the
designated department location. Reports can be made via fax
at 360-906-6776 or 360-906-6777; via e-mail at
crfishtickets@dfw.wa.gov; or via phone at 1-866-791-1281.
(e) Faxing a copy of each fish receiving ticket used,
within the previously indicated time frames specified per
area, satisfies the reporting requirement.
(f) Violation of this subsection is a gross misdemeanor,
punishable under RCW 77.15.560.
(13)(a) Sea urchins and sea cucumbers: It is unlawful
for any wholesale dealer acting in the capacity of an original
receiver and receiving sea urchins or sea cucumbers from
nontreaty fishers to fail to report to the department each
day's purchases by 10:00 a.m. the following day. For red sea
urchins, the report must specify the number of pounds received
from each sea urchin district. For green sea urchins and sea
cucumbers, the report must specify the number of pounds
received from each Marine Fish-Shellfish Management and Catch
Reporting Area. For sea cucumbers, the report must specify
whether the landings were "whole-live" or "split-drained." The report must be made by fax at 360-902-2943, or by
toll-free telephone at 866-207-8223.
(b) It is unlawful for the original receiver of red sea
urchins to fail to record on the fish receiving ticket the sea
urchin district where the red sea urchins were taken, and it
is unlawful for the original receiver of any sea urchins to
fail to record on the fish receiving ticket the name of the
port of landing where the sea urchins were landed ashore.
(c) It is unlawful for the original receiver of sea
cucumbers to fail to record on the fish receiving ticket
whether the sea cucumbers were delivered "whole-live" or
"split-drained."
(d) Violation of this subsection is a gross misdemeanor,
punishable under RCW 77.15.560.
(14) Coastal spot shrimp: It is unlawful for any
original receiver of spot shrimp taken from Marine Fish
Management and Catch Reporting Area 60A-1 to fail to record
separately on the fish receiving ticket spot shrimp taken
north or south of 47°04.00' north latitude. Violation of this
subsection is a gross misdemeanor, punishable under RCW 77.15.640.
[Statutory Authority: RCW 77.12.047. 07-23-001 (Order
07-278), § 220-69-240, filed 11/7/07, effective 12/8/07;
07-04-030, § 220-69-240, filed 1/29/07, effective 3/1/07;
06-08-078 (Order 06-59), § 220-69-240, filed 4/3/06, effective
5/4/06; 06-01-013 (Order 05-275), § 220-69-240, filed 12/9/05,
effective 1/9/06; 04-17-096 (Order 04-210), § 220-69-240,
filed 8/17/04, effective 9/17/04; 03-17-008 (Order 03-188), §
220-69-240, filed 8/8/03, effective 9/8/03; 03-05-064 (Order
03-28), § 220-69-240, filed 2/18/03, effective 3/21/03;
03-05-059 (Order 03-32), § 220-69-240, filed 2/18/03,
effective 3/21/03; 01-07-015 (Order 01-32), § 220-69-240, filed 3/13/01,
effective 4/13/01. Statutory Authority: RCW 75.08.080. 00-01-145 (Order 99-221), § 220-69-240, filed 12/20/99,
effective 1/20/00; 97-08-052 (Order 97-55), § 220-69-240,
filed 3/31/97, effective 5/1/97. Statutory Authority: RCW 75.08.080 and 75.58.040. 86-19-043 (Order 86-102), §
220-69-240, filed 9/12/86. Statutory Authority: RCW 75.08.080. 85-11-020 (Order 85-43), § 220-69-240, filed
5/10/85; 83-24-049 (Order 83-203), § 220-69-240, filed
12/2/83; 82-17-040 (Order 82-105), § 220-69-240, filed
8/13/82; 81-11-006 (Order 81-31), § 220-69-240, filed 5/11/81;
Order 77-14, § 220-69-240, filed 4/15/77; Order 76-153, §
220-69-240, filed 12/17/76.]