WSR 08-15-146

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed July 22, 2008, 2:11 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-10-058.

Title of Rule and Other Identifying Information: WAC 220-20-019 Requirement to provide sales documents.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on September 5-6, 2008, at 8:30 a.m.

Date of Intended Adoption: October 3-4, 2008.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail preuslmp@dfw.wa.gov, fax (360) 902-2155, by August 29, 2008.

Assistance for Persons with Disabilities: Contact Susan Yeager, by August 25, 2008, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Of the two sectors that handle commercial fish - wholesale fish dealers/buyers/DRE holders, and secondary receivers - RCW 77.15.568 adequately addresses the record-keeping requirements of the secondary receivers. This proposal will provide requirements for the wholesale fish dealers/buyers/DRE holders. It also will allow fish and wildlife officers to have continued access to wholesale dealers'/buyers'/DRE holders' catch-accounting reports.

Reasons Supporting Proposal: Wholesale fish dealers/buyers/DRE holders need clear record-keeping direction.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Mike Cenci, 1111 Washington Street S.E., Olympia, (360) 902-2938; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This WAC was originally meant to ensure that documentation associated with commercial fisheries products be available for officer inspection at any business. This proposal clarifies that officers have access to records of wholesale fish dealers/buyers/DRE holders just as they do to records of secondary receivers. The department does not expect an economic impact to small businesses because this rule does not substantially change anything. This rule is housekeeping in nature.

A cost-benefit analysis is not required under RCW 34.05.328. These are not hydraulic rules.

July 22, 2008

Loreva M. Preuss

Rules Coordinator

OTS-1739.1


AMENDATORY SECTION(Amending Order 82-105, filed 8/13/82)

WAC 220-20-019   Requirement to provide sales documents.   It is unlawful for any ((individual, firm, or corporation)) wholesale fish dealer, fish buyer, or holder of a direct retail endorsement to fail to ((show on demand to any authorized employee or enforcement officer of the department of fisheries)) submit for inspection any state of Washington fish receiving tickets or sales documents ((pursuant to WAC 220-69-240)) upon demand of a fish and wildlife officer. Violation of this section is a gross misdemeanor, punishable under RCW 77.15.640 (1)(d).

[Statutory Authority: RCW 75.08.080. 82-17-040 (Order 82-105), 220-20-019, filed 8/13/82.]

Washington State Code Reviser's Office