WSR 17-16-001 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 17-168—Filed July 19, 2017, 12:02 p.m., effective July 23, 2017] Effective Date of Rule: July 23, 2017.
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 crosswalk 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.
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 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 goes into effect on July 23, 2017, and introduces different terminologies of licenses that are not defined elsewhere. This WAC provides a crosswalk 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. The agency has filed a preproposal state [statement] of inquiry and this 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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.
Date Adopted: July 19, 2017.
James B. Scott, Jr.
for J. W. Unsworth
Director
NEW SECTION
WAC 220-352-03200A Definitions for wholesale fish buyer and limited fish seller.
Notwithstanding the provisions of chapter 220-352 WAC, effective July 23, 2017, until further notice, 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.
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