May 4, 2004
James W. Hearn
13251 S.E. 43 Road Street
Bellevue, Washington 98006-2111
Dear Mr. Hearn:
Thank you for your letter of March 19, 2004 pertaining to a sports fishing rule adopted by the Fish and Wildlife Commission, which included a moratorium on retention of wild steelhead. This rule took effect May 1, 2004. Your letter asks that the Governor make an exception to the statutory provisions (RCW 34.05.330) that outline the procedures for an appeal to the Governor regarding an agency's denial of a petition to repeal a rule.
The process that must be followed in an appeal of an agency's decision is clearly outlined in the statute. There is no provision for a Governor to make an exception from this process. It is my understanding that you have not petitioned the agency to amend or repeal the changes to the rule of concern to you. Until you petition the agency, and the agency responds to your petition, the Governor cannot by law provide an independent assessment of the agency's action.