WSR 17-23-103
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-320—Filed November 15, 2017, 3:43 p.m., effective November 15, 2017, 3:43 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: This emergency rule is for the purpose of interpreting and defining terminology of licenses in RCW 77.15.568 that were modified in SB 5306. The purpose of the proposal is to provide a cross-walk of the licenses identified in SB 5306 and existing license titles defined in RCW 77.08.010, 77.15.568, and 77.65.510.
Proposing to create new WAC 220-352-032 regarding terminology for wholesale fish buyer and limited fish seller. For purposes of RCW 77.15.568, the term "wholesale fish buyer" means "wholesale fish dealer" as that term is defined in RCW 77.08.010(70), and the term "limited fish seller" means a holder of a "direct retail endorsement" issued under the authority of RCW 77.65.510. The updated terminology would impact license holders and enforcement by clarifying the license terms used. If the terminology is not updated, there may be confusion among license holders and enforcement. Updating the terminology would clarify the license terms used.
Citation of Rules Affected by this Order: New WAC 220-352-032 [220-352-03200B]; and repealing WAC 220-352-03200B.
Statutory Authority for Adoption: RCW 77.04.090 and 77.04.130.
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: This emergency rule is needed to create a new WAC for the purpose of interpreting and defining terminology of licenses in RCW 77.15.568 that were modified in SB 5306. SB 5306 went into effect on July 23, 2017, and introduces different terminologies of licenses that are not defined elsewhere. This WAC provides a cross-walk of the license in the modified bill in RCW 77.15.568 to the existing license titles defined in RCW 77.08.010(70), 77.65.510, 77.65.515, and 77.65.520. This emergency rule is interim until permanent rules take 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.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 the 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 1.
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 15, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-352-03200B Definitions for wholesale fish buyer and limited fish seller.
Notwithstanding the provisions of chapter 220-352 WAC, effective immediately through December 31, 2017, for purposes of RCW 77.15.568, the term "wholesale fish buyer" means "wholesale fish dealer" as that term is defined in RCW 77.08.010 Section 70, and the term "limited fish seller" means a holder of a "direct retail endorsement" issued under the authority of RCW 77.65.510.
REPEALER
The following section of the Washington Administrative Code is repealed effective January 1, 2018:
WAC 220-352-03200B
Definitions for wholesale fish buyer and limited fish seller.