(1) The department shall issue a bait permit to harvest shellfish from a harvest site in a growing area classified by the department as prohibited, restricted, or conditionally approved in closed status or from an unclassified area if the requirements in this section and chapter 69.30 RCW are met.

(2) To qualify for a bait permit:

(a) The applicant shall:

(i) Have a valid shellfish operation license; and

(ii) Have a valid harvest site certificate for the site;

(b) The harvest site must not be impacted by biotoxin levels that would cause the department to close it for harvest for human consumption;

(3) To apply for a bait permit the applicant shall:

(a) Submit a complete application to the department on a form provided by the department and written plan of operations that completely describes the procedures of the bait operation; and

(b) Pay the applicable fee as required by WAC 246-282-990.

(4) A person operating under a bait permit shall:

(a) Follow all procedures in the plan of operations approved by the department;

(b) Harvest bait from an area classified as prohibited or unclassified only during daylight hours;

(c) Harvest bait from an area classified as prohibited or unclassified only under direct monitoring by a person approved by the department;

(d) Completely immerse the shellfish in an approved dye that imparts an easily noticeable permanent color to the tissue immediately upon landing the shellfish;

(e) Label each container of shellfish "not for human consumption - bait use only" before removal from the harvest site;

(f) Store the shellfish physically separated from any shellfish intended for human consumption; and

(g) Keep records for each lot of shellfish harvested for use as bait showing a lot identification number, the species, the harvest site, the harvest date, the quantity harvested, the names of all buyers, and the quantity sold to each buyer.

(5) A bait permit issued under this section expires on the same date as the shellfish operation license.

(6) A person possessing a commercial quantity of bait shellfish is exempt from the requirement to obtain a bait permit if that person:

(a) Obtains the shellfish from a person with a valid bait permit;

(b) Possesses a sales invoice for the shellfish from a person with a valid bait permit; and

(c) Maintains each container of shellfish prominently labeled "not for human consumption - bait use only."