Section 232-12-091. Commercial buying and processing of anadromous game fish or roe.

(1) It is unlawful to buy, sell, or possess with the intent to sell, anadromous game fish or roe unless the person has a valid anadromous game fish buyer's license or a copy of the valid license in possession and complies with the following provisions:

(a) An anadromous game fish buyer's license is valid for one year (January 1 to December 31).

(b) Fish buyer's licenses may be obtained by applying to the department at 1111 Washington St. S.E., Olympia, Washington 98504 or through the department's web site at www.wdfw.wa.gov.

(c) Fish buyer's licenses are not transferable.

(d) Fish buyer's licenses only authorize a person to buy anadromous game fish or roe taken during lawful open seasons by treaty Indians who possess valid federal or tribal fishing identification cards.

(2) Violation of subsection (1) of this section is a gross misdemeanor or class C felony punishable under 77.15.620, Engaging in fish dealing activity—Unlicensed—Penalty, depending on the circumstances of the violation.

(3) It is unlawful for a person to possess or buy anadromous game fish or roe from a treaty Indian, in violation of the following requirements:

(a) The buyer must possess a valid fish buyer's license;

(b) The buyer must completely, accurately, and legibly fill out a state of Washington treaty Indian fish receiving ticket including: The name of the seller or the seller's tribal identification number, the seller's tribal affiliation, the numbers of fish or skeins of roe, the marine area or river where the fish or roe was caught, and the signature of the person directly receiving the fish;

(c) The buyer must obtain the signature of the seller on the tribal copy of the treaty Indian fish receiving ticket;

(d) The buyer must transmit the treaty Indian fish receiving tickets daily to the Northwest Indian Fisheries Commission; and

(e) The buyer must retain a copy of the receiving ticket with the anadromous game fish or roe as long as he or she has the fish or roe in possession.

(4) Violation of subsection (3) of this section is punishable under RCW 77.15.630 or 77.15.640, depending on the circumstances of the violation.

(5) The recipients of fish must possess a sales invoice for transactions involving the possession or sale of treaty caught anadromous game fish between two or more licensed buyers.

(6) This section does not apply to a person who buys lawfully caught treaty Indian anadromous game fish for personal consumption.

[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.055, 77.12.045, and 77.12.047. WSR 13-02-043 (Order 12-290), § 232-12-091, filed 12/21/12, effective 1/21/13. Statutory Authority: RCW 77.32.211 and 77.12.040. WSR 86-09-023 (Order 270), § 232-12-091, filed 4/10/86. Statutory Authority: RCW 77.12.040. WSR 85-09-014 (Order 247), § 232-12-091, filed 4/9/85; WSR 81-12-029 (Order 165), § 232-12-091, filed 6/1/81. Formerly WAC 232-12-212.]

RCW 77.04.012, 77.04.013, 77.04.055, 77.12.045, and 77.12.047. WSR 13-02-043 (Order 12-290), § 232-12-091, filed 12/21/12, effective 1/21/13. Statutory Authority: RCW 77.32.211 and 77.12.040. WSR 86-09-023 (Order 270), § 232-12-091, filed 4/10/86. Statutory Authority: RCW 77.12.040. WSR 85-09-014 (Order 247), § 232-12-091, filed 4/9/85; WSR 81-12-029 (Order 165), § 232-12-091, filed 6/1/81. Formerly WAC 232-12-212.