EXPEDITED RULES
NATURAL RESOURCES
(Aquatic Resources Division)
Title of Rule and Other Identifying Information: Chapter 332-44 WAC, Stray logs. Chapter 332-44 WAC was adopted by the
Board of Natural Resources in 1965 in order to implement
chapter 76.40 RCW. Chapter 76.40 RCW was repealed by the
Washington state legislature in 1994, making chapter 332-44 WAC no longer enforceable. Prior to the repeal of chapter 76.40 RCW, chapter 332-44 WAC provided "licensed log
patrolmen" in Washington state with a means of marking stray
logs that had been recovered under the provisions of chapter 76.40 RCW, enabling their recovery in the event of theft or
commingling with other recovered stray logs. Chapter 332-44 WAC has not been implemented since 1994.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Heather White, Rules Coordinator, Department of Natural Resources, SEPA Center, 1111 Washington Street S.E., P.O. Box 47015, Olympia, WA 98504-7015 , AND RECEIVED BY 5 p.m., November 22, 2004.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Department of Natural Resources proposes the expedited repeal of chapter 332-44 WAC, Stray logs. Chapter 332-44 WAC was adopted by the Board of Natural Resources in 1965 in order to implement chapter 76.40 RCW. Chapter 76.40 RCW was repealed by the Washington state legislature in 1994, making chapter 332-44 WAC no longer enforceable. Prior to the repeal of chapter 76.40 RCW, chapter 332-44 WAC provided "licensed log patrolmen" in Washington state with a means of marking stray logs that had been recovered under the provisions of chapter 76.40 RCW, enabling their recovery in the event of theft or commingling with other recovered stray logs.
According to RCW 34.05.353(2), an agency may file notice for the expedited repeal of a rule if the rule meets any one of the several criteria, including situations in which the statute on which the rule is based has been repealed and has not been replaced by another statute providing statutory authority for the rule. Because chapter 76.40 RCW was repealed in 1994 and was never replaced by another statute proving authority for the rule, the Department of Natural Resources proposes the expedited repeal of chapter 332-44 WAC under the procedures set forth in RCW 34.05.353.
Because statutory authority no longer exists for the rule, it is currently unenforceable and its repeal will not have any effect other than removing the unnecessary section from the Washington Administrative Code.
Statutory Authority for Adoption: Not applicable.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of Natural Resources, Aquatic Resources Division, public.
Name of Agency Personnel Responsible for Drafting: Matt Niles, 1111 Washington Street S.E., P.O. Box 47015, Olympia, WA 98504-7015, (360) 902-1065.
September 17, 2004
Francea McNair
Aquatics Steward
The following section of the Washington Administrative Code is repealed:
| Chapter 332-44 WAC | Stray logs |
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.