WSR 20-19-027
PERMANENT RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-179—Filed September 8, 2020, 1:24 p.m., effective October 9, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of the proposed modification to chapter 220-111 WAC is to broaden the chapter to encompass agency rules to govern rule-making activities beyond emergency rules. The purpose of the proposed new rules is to identify a point of contact for the department's rule-making files and clarify the department's procedures relative to requests for public access to its rule-making files.
Citation of Rules Affected by this Order: New WAC 220-111-001, 220-111-002, 220-111-003, and 220-111-004.
Adopted under notice filed as WSR 20-16-100 on July 31, 2020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 4, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 8, 2020.
Kelly Susewind
Director
Chapter 220-111 WAC
((EMERGENCY RULES))RULE-MAKING
NEW SECTION
WAC 220-111-001Rule-making files—Generally.
The purpose of this chapter is to specify criteria for the director to close or shorten seasons pursuant to RCW
77.12.150, and to provide procedures governing the department's maintenance of, and the public's request to inspect, rule-making files of the department pursuant to the Administrative Procedure Act, chapter
34.05 RCW.
NEW SECTION
WAC 220-111-002Agency rules coordinator.
(1) The department's rules coordinator:
(a) Has knowledge of the subjects of rules being proposed or prepared within the agency for proposal;
(b) Maintains the records of any such action;
(c) Maintains the department's rule-making docket;
(d) Responds to public inquiries about possible, proposed, or adopted rules and the identity of agency personnel working, reviewing, or commenting on them; and
(e) Oversees the department's compliance with the Administrative Procedure Act requirements concerning locating, processing, and making department rule-making files available for public inspection.
(2) The department's rules coordinator can be contacted at:
Agency Rules Coordinator
Department of Fish and Wildlife
Office Location:
Natural Resources Building, 5th Floor
1111 Washington Street S.E.
Olympia, WA 98501-1091
Mailing Address:
P.O. Box 43200
Olympia, WA 98504-3200
email address: Rules.Coordinator@dfw.wa.gov
Current contact information is also available at the department's website at http://wdfw.wa.gov.
(3) The department's rules coordinator may designate one or more department staff to carry out the responsibilities set forth in subsection (1) of this section; and other staff may process requests to inspect rule-making files. Therefore, use of the term "department rules coordinator" in this chapter may include the department rules coordinator's designee(s) and/or any other staff assisting in processing requests to inspect rule-making files, where indicated by context.
NEW SECTION
WAC 220-111-003Rule-making files available.
(1) The department's rule-making docket and many of its rule-making files are publicly available on the department's website at http://wdfw.wa.gov. Requestors are encouraged to search for and view department rule-making activities on the department's website in lieu of or prior to submitting a request to inspect the department's rule-making files.
(2) Rule-making files are available for inspection, upon request, from 9:00 a.m. to 12:00 p.m. and from 1:30 p.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Based on other demands on the agency and/or the size, format, and location of the rule-making file, the department rules coordinator may specify the date and times during which particular rule-making files will be made available for inspection.
(3) Requestors providing a valid email address may be able to view rule-making files on their own computers, or rule-making files may be inspected at the department's central office, located at 1111 Washington Street S.E., Olympia, Washington 98501.
(4) Requestors should contact the department's rules coordinator to determine the availability of records for inspection. The department will ordinarily respond to such requests within three days.
NEW SECTION
WAC 220-111-004Requests to inspect rule-making files.
(1) Any person wishing to inspect rule-making files of the department must contact the agency rules coordinator by letter or email to the office or email address set forth in WAC 220-111-002(2). The written request must be addressed and sent to the department's rules coordinator and include the following information:
(a) Name of the requestor;
(b) Contact information, including telephone number and email address, if the requestor has one; and
(c) Identification of the rule-making files sought, in a form or description that is sufficient for the department's rules coordinator to identify and locate the requested file. If a request for inspection of a rule-making file is unclear, the rules coordinator may request clarification.
(2) If the requestor wishes to have copies of the records made, whether hard copy or electronic, instead of inspecting them, the requestor must submit a request for public records pursuant to the Public Records Act, chapters
42.56 RCW and 220-120 WAC. A public records request form is available to requestors at the office of the public records officer and at the department's website at
http://wdfw.wa.gov.