WAC 246-282-014
Operating provisions. (1) Any person who
possesses a commercial quantity of shellfish or any quantity of
shellfish for sale for human consumption must display a photocopy
or original of a valid shellfish operation license, upon request,
to any authorized representative of the department, a fish and
wildlife patrol officer, or an ex officio patrol officer.
Failure to do so subjects the person to the penalty provisions of
this chapter, as well as immediate seizure of the shellfish by
the representative or officer.
(2) Any person who harvests a commercial quantity of
shellfish or any quantity of shellfish for sale for human
consumption must display a photocopy or original of a valid
harvest site certificate, upon request, to any authorized
representative of the department, a fish and wildlife patrol
officer, or an ex officio patrol officer. Failure to do so
subjects the person to the penalty provisions of this chapter, as
well as immediate seizure of the shellfish by the representative
or officer.
(3) Any person who places a commercial quantity of shellfish
or any quantity of shellfish for sale for human consumption in
containers at a harvest site must do so only at a site for which
the person possesses a valid harvest site certificate.
(4) The owner(s) of a shellfish operation must designate an
individual as the person in charge of the operation. The
owner(s) of a shellfish operation that includes one or more
harvest sites may designate a different individual as the person
in charge of the operation's harvest site(s) than the individual
designated as the person in charge of all other phases of the
shellfish operation.
(5) The owner(s) and the designated person in charge of a
shellfish operation must:
(a) Ensure that at least one individual harvesting shellfish
on behalf of the operation at each harvest site carry a copy of
both the operation license and the harvest site certificate
designating that the site is approved by the department for
harvesting by that operation;
(b) Furnish shellfish tags meeting the requirements of
chapter 69.30 RCW, these rules, and the NSSP Model Ordinance to
those individuals harvesting on behalf of the operation;
(c) Ensure, by supervision at harvest sites or other
adequate means, that those individuals working on behalf of the
operation harvest only from harvest sites approved by the
department for the operation; and
(d) Notify the department if an owner or person in charge
has reason to believe that any individual is using the
operation's tags, shellfish operation license, or harvest site
certificate for any purpose other than one approved by the
department.
(6) The designated person in charge of a shellfish operation
must have a functioning telephone message device or service
issued by a telephone service provider to the owner(s) or person
in charge. The person in charge must:
(a) Monitor the device or service each day that the
shellfish operation is active, regarding messages from the
department about emergency closure of harvest areas or recall of
shellfish products; and
(b) Notify the department whenever the telephone number used
for this purpose changes; or
(c) Maintain another equivalent method of contact with the
department approved in the plan of operations.
[Statutory Authority: RCW 69.30.030 and 43.20.030. 01-04-054, §
246-282-014, filed 2/5/01, effective 3/8/01.]