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Chapter 220-351 WAC

Last Update: 9/7/18

COMMERCIAL FISHERIESPERMITS/LICENSING

WAC Sections

HTMLPDF220-351-010Commercial licensing—Business organizations—Operator designation.
HTMLPDF220-351-020Display of registration, salmon guide, and angler permit decals.
HTMLPDF220-351-030Vessel designation requirements.
HTMLPDF220-351-040Commercial fishing license transfer—Notarization.
HTMLPDF220-351-050Oregon-Washington commercial license reciprocity.
HTMLPDF220-351-060Ranking and acceptance of salmon purse seine license offers.
HTMLPDF220-351-070Ranking and acceptance of salmon gillnet—Puget Sound and salmon reef net license offers.
HTMLPDF220-351-080Combined fish guide license.
HTMLPDF220-351-090Bottomfish caught during research—Permits.


PDF220-351-010

Commercial licensingBusiness organizationsOperator designation.

Any person that holds a commercial fishing license or delivery license and is a business organization may designate one natural person to act on behalf of the license holder to operate a designated vessel as provided for in this section:
(1) If the business is a sole proprietorship, the designated operator must be the sole proprietor.
(2) If the business is a partnership, the designated operator must be a partner.
(3) If the business is a corporation, the designated operator must be a corporate officer.
(4) In addition to the designated operator, a license holder that is a business organization may designate up to two alternate operators.
(5) A license holder that is a business organization may substitute the designated operator by surrendering the fishery license card, redesignating the operator under the criteria provided for in this section, and paying the replacement license fee provided for in RCW 77.65.050.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-351-010, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 34.05.353 (1)(b), (c), and (d), 77.12.047, 77.50.050, and chapters 77.65 and 77.70 RCW. WSR 12-09-046 (Order 12-61), § 220-20-065, filed 4/13/12, effective 5/14/12. Statutory Authority: RCW 75.08.080. WSR 94-23-059 (Order 94-162), § 220-20-065, filed 11/14/94, effective 12/15/94.]



PDF220-351-020

Display of registration, salmon guide, and angler permit decals.

(1) At the time a vessel is first designated on any license pursuant to WAC 220-351-030, the department will issue a permanent vessel registration number and a set of two vessel registration decals. The vessel registration decals must be affixed to the registered vessel in a permanent manner and be clearly visible from each side of the vessel.
(2) Salmon guides, upon designating a vessel to be used, will be issued salmon guide license decals for that vessel, which decals must be affixed to the vessel in a permanent manner and be clearly visible from each side of the vessel. Each guide using the vessel must have separate license decals for the vessel. Salmon guide license decals will be issued annually upon renewal of the salmon guide license.
(3) Angler permit decals will be issued annually to each salmon charter licensee upon designation of a vessel and the angler permit decals must be affixed to the vessel in a permanent manner and be clearly visible from each side of the vessel.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-351-020, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 75.08.080. WSR 94-01-001, § 220-20-050, filed 12/1/93, effective 1/1/94. Statutory Authority: RCW 75.08.080 and 75.10.120. WSR 87-21-018 (Order 87-150), § 220-20-050, filed 10/9/87.]



PDF220-351-030

Vessel designation requirements.

(1) In any licensed fishery for which a vessel is required under chapter 77.65 RCW, or for any delivery of food fish or shellfish, or for any charter fishery, it is unlawful to fish for, harvest, deliver, or possess food fish or shellfish unless:
(a) The licensee has designated the vessel from which the food fish or shellfish are to be taken or delivered;
(b) The department has issued a commercial license to the licensee showing the vessel so designated; and
(c) The vessel operator has the commercial license in physical possession.
(2) The following definitions apply to this section:
(a) "Documentation" means vessel documentation by the United States Coast Guard showing eligibility for the fishery. Once documentation is presented as evidence of ownership, it becomes the only acceptable evidence of ownership unless the vessel is remeasured, found to be less than five net tons, and no longer eligible for documentation.
(b) "Initial designation" means the designation by an individual licensee of a vessel to be used in a commercial fishery, for delivery of food fish or shellfish, or for charter fishing. Designation by that licensee on additional licenses is not "initial designation," and required evidence of ownership is the same as for continuing designation.
(c) "Continuing designation" means reapplication for a commercial license with no change in vessel designation.
(3) A licensee does not have to own the vessel being designated on the license. However, each licensee initially designating a vessel, except nontransferable emergency salmon delivery licensees, and every licensee continuing designation after the fourth continuous designation, must offer evidence of ownership. The following is the only acceptable evidence of ownership:
(a) For initial designation of a vessel measuring less than thirty-two feet in length, evidence of ownership may be either current state vessel registration or current documentation.
(b) For initial designation of a vessel thirty-two feet or greater in length, evidence of ownership is:
(i) Current documentation; or
(ii) Coast Guard verification that the vessel does not meet the minimum tonnage requirement for documentation (simplified admeasurement); or
(iii) Verification from the American Bureau of Shipping that the vessel does not meet the minimum tonnage requirement for documentation (formal admeasurement).
(c) For continuing designation of vessel less than thirty-two feet in length, evidence of ownership may be either current state vessel registration or current documentation.
(d) For continuing designation of a vessel between thirty-two and thirty-six feet in length, evidence of ownership is current state registration for vessels with state registration numbers or current documentation for documented vessels.
(e) For continuing designation of a vessel greater than thirty-six feet in length, evidence of ownership is:
(i) Current documentation; or
(ii) Coast Guard verification that the vessel does not meet the minimum tonnage requirement for documentation (simplified admeasurement); or
(iii) Verification from the American Bureau of Shipping that the vessel does not meet the minimum tonnage requirement for documentation (formal admeasurement).
(4) Every vessel designated to participate in a commercial fishery or to deliver food fish or shellfish must have the official Coast Guard documentation number, complete state registration number, or Alaska department of fish and game registration number permanently displayed in ten-inch tall numbers, or letters and numbers, of proportionate width, clearly visible from each side of the vessel. It is unlawful to participate in a commercial fishery or deliver food fish or shellfish without having such numbers displayed. This subsection does not apply to salmon guide, charter, or nontransferable emergency salmon delivery licensees, or to Canadian vessels delivering under a nonlimited entry delivery license.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-351-030, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 34.05.353 (1)(b), (c), and (d), 77.12.047, 77.50.050, and chapters 77.65 and 77.70 RCW. WSR 12-09-046 (Order 12-61), § 220-20-051, filed 4/13/12, effective 5/14/12. Statutory Authority: RCW 75.08.080. WSR 94-23-059 (Order 94-162), § 220-20-051, filed 11/14/94, effective 12/15/94; WSR 94-01-001, § 220-20-051, filed 12/1/93, effective 1/1/94.]



PDF220-351-040

Commercial fishing license transferNotarization.

Any person making application to transfer a commercial fishing license or charter boat angler permit must have the signature of the transferor notarized, and without notarization the department will not transfer a license or angler permit, except the department may transfer the license or angler permit of a decedent without notarization but with appropriate legal certification supporting the transfer.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-351-040, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 75.08.080. WSR 88-16-074 (Order 88-69), § 220-20-060, filed 8/2/88.]



PDF220-351-050

Oregon-Washington commercial license reciprocity.

The following Oregon licenses are equivalent to Washington licenses and are valid in the concurrent waters of the Columbia River:
(1) An Oregon Columbia River gillnet salmon vessel permit issued under ORS 508.775 - ORS 508.796 is equivalent to a Washington salmon gillnet fishery license issued under RCW 77.65.160 (1)(a) or (c) in the concurrent waters of the Columbia River. A person who holds an Oregon Columbia River gillnet salmon vessel permit may land salmon and sturgeon in Washington that were taken in the Columbia River salmon gillnet salmon fishery.
(2) An Oregon ocean charter vessel license issued under ORS 830.435 is equivalent to a Washington charter license issued under RCW 77.65.150 in the concurrent waters of the Columbia River downstream of the bridge at Longview, except that an Oregon vessel may not take on or discharge passengers for any purpose from any Washington port, the Washington shore, or a dock, landing, or other point in Washington.
(3) An Oregon outfitter and guide registration issued under ORS 704.020 is equivalent to a Washington professional salmon guide license issued under RCW 77.65.370 or to a Washington professional game fish guide license issued under RCW 77.65.480(3), in the concurrent waters of the Columbia River upstream of the bridge at Longview and downstream of the Oregon boundary in Lake Wallula, except that an Oregon vessel may not take on or discharge passengers for any purpose from any Washington port, the Washington shore, or a dock, landing, or other point in Washington.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-351-050, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047 and 77.04.020. WSR 08-12-016 (Order 08-118), § 220-20-005, filed 5/27/08, effective 6/27/08. Statutory Authority: RCW 77.12.047. WSR 07-15-068, § 220-20-005, filed 7/17/07, effective 8/17/07. Statutory Authority: RCW 77.65.010, 77.04.020, 77.04.130. WSR 07-03-142, § 220-20-005, filed 1/23/07, effective 2/23/07.]



PDF220-351-060

Ranking and acceptance of salmon purse seine license offers.

(1) All salmon purse seine licenses will be ranked based upon participation in the Puget Sound summer and fall salmon fisheries.
(2) Purse seine rankings will be based upon a point system (0-15) for landings in the months of July and August (summer fisheries) and/or the months of September, October, and November (fall fisheries) between 1994 and 1998. One point will be assigned for a verified landing during the fall fisheries and two points will be assigned for a verified landing during the summer fisheries or a maximum of fifteen points possible.
(3) Points will be assigned only if the current license owner and program applicant also landed salmon on that same license some time during the 1994-1998 qualifying period except upon the death of the licensee, the license shall be treated as analogous to personal property for purposes of calculating and assigning points in the program. A license transferred to an immediate family member during or after the period 1994-1998, and who has continued with that license shall be able to count the points for that license and shall be qualified to participate in the program.
(4) Example: A current license owner makes a landing on the license in August and October of each year from 1994 to 1998. The owner is assigned the maximum fifteen points possible. If landings were only made in August 1994 and October 1998, then the owner would be assigned three points.
(5) Landings will be documented on official Washington state fish-receiving tickets or computer-generated landing lists certified by the department to be true and correct copies of Washington fish receiving tickets.
(6) In the event that two or more applicants have the same number of points, a random draw shall be conducted to rank the applicants among themselves before placing them into the overall rank order.
(7) The ranking will continue until all applicants have been rank-ordered. The order of ranking will apply to all phases of the program.
(8) Persons selected based upon the rank order and the available funds will be notified by the department that a license offer has been accepted by registered mail to the address provided on the offer form. The enclosed acknowledgment sent with the acceptance letter must be signed and returned to the department within twenty days of the department's mailing date. Any acknowledgment received after the twenty-day period is void and the acceptance will be withdrawn. Final rankings of all licenses will be available upon request to applicants when all appeals have been settled.
(9) Persons not selected in Phase 1 will be sent an acceptance by mail to the address provided on the offer form that their ranking will continue to apply for Phase 2 and Phase 3 when they should occur.
(10) Persons who apply after 5:00 p.m. on May 11, 2001, will be ranked at the bottom of the ranked list in the order that the applications were received. They are not eligible to participate in Phase 1. Applications received on a single day will be ranked by random draw.
(11) Persons who wish to appeal their ranking must appeal within twenty days of the mailing date of the registered letter of acceptance. Any appeal received after the twenty-day period is void and the ranking will stand. Appeals will be referred to an adjudicative proceeding for resolution.
(12) The department will tender the amount of the offer upon receipt of a valid acknowledgment and upon resolution of all appeals that affect the ranking of licenses to be purchased.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-351-060, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047. WSR 01-10-031 (Order 01-66), § 220-95-027, filed 4/24/01, effective 5/25/01. Statutory Authority: RCW 75.08.080. WSR 98-20-052 (Order 98-206), § 220-95-027, filed 10/1/98, effective 11/1/98; WSR 95-07-012 (Order 95-20), § 220-95-027, filed 3/3/95, effective 4/3/95.]



PDF220-351-070

Ranking and acceptance of salmon gillnetPuget Sound and salmon reef net license offers.

(1) The purchase of Puget Sound gillnet and reef net licenses will be based upon a random drawing of all applicants for a specific license type.
(2) The random drawing will continue until all applicants who offered to sell at the department's offered price have been rank-ordered. The order of ranking will apply to all phases of the buyback.
(3) Persons selected will be notified by the department that a license offer has been accepted by registered mail to the address provided on the offer form. The enclosed acknowledgment sent with the acceptance letter must be signed and returned to the department within twenty days of the department's mailing date. Any acknowledgment received after the twenty-day period is void and the acceptance will be withdrawn. Final rankings of all licenses will be available upon request to applicants when all appeals have been settled.
(4) Persons not selected in Phase 1 will be sent an acceptance by mail to the address provided on the offer form that their ranking will continue to apply for a Phase 2 and Phase 3 buyback when they should occur.
(5) Persons who apply after 5:00 p.m. on May 11, 2001, will be ranked at the bottom of the ranked list in the order that the applications were received. Applications received on a single day will be ranked by random draw.
(6) Persons who wish to appeal their ranking must appeal within twenty days of the mailing date of the registered letter of acceptance. Any appeal received after the twenty-day period is void and the ranking will stand. Appeals will be referred to an adjudicative proceeding resolution.
(7) The department will tender the amount of the offer upon receipt of a valid acknowledgment and upon resolution of all appeals that affect the ranking of licenses to be purchased for that respective gear group.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-351-070, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047. WSR 01-10-031 (Order 01-66), § 220-95-032, filed 4/24/01, effective 5/25/01; WSR 00-17-105 (Order 00-148), § 220-95-032, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 75.08.080. WSR 98-20-052 (Order 98-206), § 220-95-032, filed 10/1/98, effective 11/1/98; WSR 95-07-012 (Order 95-20), § 220-95-032, filed 3/3/95, effective 4/3/95.]



PDF220-351-080

Combined fish guide license.

A combined fish guide license allows the holder to offer or perform the services of a food fish guide and a game fish guide. The fee for a resident combined fish guide license is $640 and the fee for a nonresident combined fish guide license is $1,490. The application fee and surcharge for regional fishery enhancement groups as required by RCW 77.95.090 are included in the overall cost of the combined fish guide license.
[Statutory Authority: RCW 77.04.090, 77.04.130, 77.65.370, 77.65.440, and 77.65.480. WSR 18-19-004 (Order 18-232), § 220-351-080, filed 9/7/18, effective 10/8/18. Statutory Authority: RCW 77.04.090, 77.04.130, 77.15.568, 77.08.010, 77.65.510, 77.65.515, 77.65.520. WSR 18-08-057 (Order 18-53), § 220-351-080, filed 3/30/18, effective 4/30/18. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-351-080, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, and 77.12.047. WSR 15-23-101 (Order 15-425), § 220-20-135, filed 11/18/15, effective 12/19/15.]



PDF220-351-090

Bottomfish caught during researchPermits.

(1) Vessels engaged in chartered research for the National Marine Fisheries Service (NMFS) or the International Pacific Halibut Commission (IPHC) may land and sell bottomfish caught during that research without the catch being counted toward any trip or cumulative limit for the participating vessel.
(2) Vessels that have been compensated for research work by NMFS or IPHC with an exempted fishing permit (EFP) to land fish as payment for such research may land and sell fish authorized under the EFP without the catch being counted toward any trip or cumulative limit for the participating vessel.
(3) Any bottomfish landed during authorized NMFS or IPHC research or under the authority of a compensating EFP for past-chartered research work must be reported on a separate fish receiving ticket and not included on any fish receiving ticket reporting bottomfish landed as part of any trip or cumulative limit.
(4) Bottomfish landed under the authority of NMFS or IPHC research work or an EFP-compensating research with fish must be clearly marked "NMFS Compensation Trip" or "IPHC Compensation Trip" on the fish receiving ticket in the space reserved for dealer's use.
(5) The NMFS or IPHC scientist in charge must sign the fish receiving ticket in the area reserved for dealer's use if any bottomfish are landed during authorized NMFS or IPHC research. If the fish are landed under the authority of an EFP as payment for research work, the EFP number must be listed in the dealer's use space.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-351-090, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047. WSR 07-23-002 (Order 07-279), § 220-44-100, filed 11/7/07, effective 12/8/07.]