WSR 14-23-015 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 14-323—Filed November 7, 2014, 10:07 a.m., effective November 7, 2014, 10:07 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend commercial fishing rules for commercial geoduck harvest license application and issuance process.
Citation of Existing Rules Affected by this Order: Amending WAC 220-52-01904.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, and 77.12.047.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The current WAC established for the initial offering of licenses to geoduck divers relies on the diver providing documentation from the department of natural resources (DNR) that demonstrates they meet the requirements for exercising right of first refusal. DNR has since determined it is unable to provide the specific documentation to the divers in the timeframe needed, but can certify the diver meets the established requirements. This emergency rule allows the department to accept certification from DNR that a geoduck diver license applicant was on a harvest plan in 2011, 2102 [2012], 2103 [2013] or 2104 [2014]. There is unsufficient [insufficient] time to adopt permanent rules.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 7, 2014.
Philip Anderson
Director
NEW SECTION
WAC 220-52-01904A Commercial geoduck harvest—License application and issuance process for 2015 geoduck diver licenses.
Notwithstanding the provisions of WAC 220-52-01904, effective immediately until further notice, it is permissible for the department to accept certification from Washington department of natural resources verifying the applicant is listed on a plan of operations for 2011, 2012, 2013 or 2014 for "right of first refusal" applicants in lieu of an applicant submitting a copy of a DNR geoduck harvest agreement plan of operation that lists the applicant on the agreement.
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