WSR 03-16-031

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-168 -- Filed July 29, 2003, 4:20 p.m. ]

     Date of Adoption: July 29, 2003.

     Purpose: Amend commercial fishing rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 220-20-080.

     Statutory Authority for Adoption: RCW 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: These changes in the direct retail endorsement are needed because of SHB 1127, which took effect on July 27, 2003, and require modification of the WAC implementing RCW 77.08.010, and 77.65.510 through 77.65.520. Permanent rule changes are being implemented, but are not yet in effect.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Immediately.

July 29, 2003

Jim Lux

for Jeff Koenings

Director


NEW SECTION
WAC 220-20-08000C   Direct retail endorsement.   Notwithstanding the provisions of WAC 220-20-080, effective immediately until further notice:

     (1) Fishers with a direct retail endorsement may sell crab, salmon and sturgeon.

     (2) A direct retail endorsement may be purchased at any time by a fisher licensed to take crab, salmon and sturgeon.

     (3) Crab, salmon and sturgeon landed by holder of a direct retail endorsement need not be landed in the round prior to further processing.

     (4) A holder of a direct retail endorsement selling crab, salmon and sturgeon anywhere other than from the harvest vessel, or who offers for sale from the harvest vessel in a twenty-four hour period crab, salmon and sturgeon having a retail value of greater than one hundred fifty dollars, must notify the department a minimum of eighteen hours prior to offering crab, salmon and sturgeon for sale.

     (5) Holders of a direct retail endorsement may sell crab, salmon and sturgeon to a restaurant or similar food service business.

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