Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-585 - Puget Sound salmon commission › Section 16-585-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Definitions for terms used in this chapter are also found in
				  chapter 15.65 RCW, Washington State Agricultural Commodity Boards Act. For the
				  purpose of this marketing order, the following additional definitions shall
				  apply:
"Act" means the Washington Agricultural Commodity Boards Act
				  or chapter 15.65 RCW.
"Affected area" means Western Washington.
"Affected commodity" means commercial quantities of Puget
				  Sound gillnet salmon.
"Affected producer" means any person who is a commercial
				  harvester of commercial quantities of Puget Sound gillnet salmon.
"Affected unit" means one pound landed weight of
				  salmon.
"Commercial quantity" means any Puget Sound gillnet salmon
				  produced for market.
"Commission" means the Puget Sound salmon commission.
"Department" means the department of agriculture of the state
				  of Washington.
"Director" means the director of agriculture of the state of
				  Washington or his/her duly appointed representative.
"Disclosure" means inspection or copying.
"Fiscal year" means the twelve-month period beginning with
				  July 1st of any year and ending with June 30th, both dates being
				  inclusive.
"Handler" or "processor" shall mean those who purchase,
				  process for market, or otherwise obtain from affected producers the affected
				  commodity for further handling or sale in the course of commerce. "Handler" and
				  "processor" include those who commercially harvest and then obtain from
				  themselves, process, or further handle for subsequent direct sale to the public
				  the affected commodity after having themselves produced that commodity as
				  affected producers. "Handler" does not include a common carrier used to
				  transport an agricultural commodity. "To handle" means to act as a
				  handler.
"Order" means this marketing order.
"Person" means any individual, firm, corporation, limited
				  liability company, trust, association, partnership, society or any other
				  organization of individuals, or any unit or agency of local or state
				  government.
"Process" means to prepare the affected commodity or product
				  therefrom by filleting, heading, gutting, canning, cooking, smoking,
				  fermenting, dehydrating, drying or packaging.
"Production area" means the waters of the state of Washington
				  in and adjacent to the areas of Puget Sound, the San Juan Islands, Georgia
				  Strait, and the Strait of Juan de Fuca east of Cape Flattery, or other lawful
				  areas in which fishing is permitted pursuant to a Puget Sound commercial salmon
				  gillnet license.
"Public records" includes any writing containing information
				  relating to the conduct of government or the performance of any governmental or
				  proprietary function prepared, owned, used, or retained by the department
				  regardless of physical form or characteristics.
"Puget Sound gillnet salmon" means salmon and salmon products
				  which have been harvested by affected producers in the production area pursuant
				  to Puget Sound commercial salmon gillnet license or taken with gear lawfully
				  permitted for use pursuant to Puget Sound commercial salmon gillnet license.
				  "Puget Sound gillnet salmon" does not include privately farmed or cultivated
				  salmon or salmon products nor salmon harvested pursuant to license issued by
				  the various treaty Indian tribes. Nothing herein shall prevent the board from
				  engaging in cooperative marketing of tribal and non-tribal salmon.
"Puget Sound salmon commodity board" hereinafter referred to
				  as "board" or "commission" means the commodity board formed under the
				  provisions of this marketing order.
"Purchase" means obtain through sale, exchange, barter, or
				  trade.
"Sell" includes offer for sale, expose for sale, have in
				  possession for sale, exchange, barter, or trade, whether directly or through
				  agents.
Statutory Authority:
					 RCW
					 15.65.047 and
					 chapter
					 34.05 RCW. 05-13-008,
					 § 16-585-010, filed 6/3/05, effective 7/4/05. Statutory Authority:
					 RCW
					 15.65.060 and
					 15.65.180. 02-14-091, §
					 16-585-010, filed 7/1/02, effective 8/1/02. Statutory Authority:
					 RCW
					 15.65.050 and
					 chapter
					 16.65 WAC [15.65 RCW].
					 95-15-102, § 16-585-010, filed 7/19/95, effective
					 8/19/95.