WSR 01-12-038

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-96 -- Filed May 30, 2001, 8:18 a.m. ]

     Date of Adoption: May 29, 2001.

     Purpose: Amend commercial fishing rules.

     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: The 2001 legislature passed SB 5443, which states, "The application deadline in (RCW 77.65.030) does not apply to a license or permit that has not been renewed because of the death of the license or permit holder. The license or permit holder's surviving spouse, estate, or estate beneficiary must be given a reasonable opportunity to renew the license or permit." This rule enacts the provisions of SB 5443 and sets the reasonable period as the calendar year following the year of the death of the license holder. This rule is needed for immediate implementation of SB 5443, which is deemed to apply to current license renewals. Permanent rule making has been started.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

May 29, 2001

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 220-20-05500A   Commercial fishing license transfer upon death of the holder.   Upon the death of a license holder or permit holder, any license or permit that requires annual renewal and which would expire at the end of the calendar year in which the death of the license or permit holder occurred, may be renewed by the license or permit holder's personal representative, surviving spouse, estate, or estate beneficiary during the next calendar year after the year in which the death occurred. If the license is not renewed in the calendar year after the calendar year in which the death occurred, the license may be renewed thereafter.

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