Grays Harbor Management Plan & A Citizens Rights
In the past weeks I have received questions regarding the Grays Harbor Management Plan ( GHMP ) and just what are a citizens' rights if WDF&W violates the policies put forth by the Commission? One has the right to object to WDF&W in writing from the Director down through the layers of staff. You can also write the Commission and attend Commission meetings and address the issue in the " Public Comment " period of a Commission meeting.
Well and good many feel but that really does not require that WDF&W truthfully and completely address a citizens' concerns. Correct to a point and the Washington State Legislature addressed this by passing the RCW below. ANY citizen who feels that WDF&W has violated a Commission Policy can utilize section two of the RCW below. At the absolute least they have to respond in writing minus the usual smoke & mirror routine. The most you can expect? That the policy is put though the legal process and becomes law which is different than " advisory " as the current GHMP passed by the Commission. WDF&W violate the law and a citizen ( or organization ) can seek to have the courts enforce the law. The legal standards are much different than advisory guidelines the Commission adopts.
Interpretive and policy statements.
(1) An agency is encouraged to advise the public of its current opinions, approaches, and likely courses of action by means of interpretive or policy statements. Current interpretive and policy statements are advisory only. To better inform and involve the public, an agency is encouraged to convert long-standing interpretive and policy statements into rules.
(2) A person may petition an agency requesting the conversion of interpretive and policy statements into rules. Upon submission, the agency shall notify the joint administrative rules review committee of the petition. Within sixty days after submission of a petition, the agency shall either deny the petition in writing, stating its reasons for the denial, or initiate rule-making proceedings in accordance with this chapter.
(3) Each agency shall maintain a roster of interested persons, consisting of persons who have requested in writing to be notified of all interpretive and policy statements issued by that agency. Each agency shall update the roster periodically and eliminate persons who do not indicate a desire to continue on the roster. Whenever an agency issues an interpretive or policy statement, it shall send a copy of the statement to each person listed on the roster. The agency may charge a nominal fee to the interested person for this service.
(4) Whenever an agency issues an interpretive or policy statement, it shall submit to the code reviser for publication in the Washington State Register a statement describing the subject matter of the interpretive or policy statement, and listing the person at the agency from whom a copy of the interpretive or policy statement may be obtained.
[2004 c 31 § 3; 2001 c 25 § 1; 1997 c 409 § 202; 1996 c 206 § 12; 1995 c 403 § 702; 1988 c 288 § 203.]
Part headings -- Severability -- 1997 c 409: See notes following RCW 43.22.051.
Findings -- 1996 c 206: See note following RCW 43.05.030.
Findings -- Short title -- Intent -- 1995 c 403: See note following RCW 34.05.328.
Part headings not law -- Severability -- 1995 c 403: See RCW 43.05.903 and 43.05.904.
Posted on Sat, August 9, 2014
by Dave Hamilton