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PDFWAC 16-585-010

Definitions.

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 nontribal 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, 42.56.040, and chapter 34.05 RCW. WSR 17-05-036, § 16-585-010, filed 2/8/17, effective 3/11/17. Statutory Authority: RCW 15.65.047 and chapter 34.05 RCW. WSR 05-13-008, § 16-585-010, filed 6/3/05, effective 7/4/05. Statutory Authority: RCW 15.65.060 and 15.65.180. WSR 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]. WSR 95-15-102, § 16-585-010, filed 7/19/95, effective 8/19/95.]