WSR 99-13-117

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 16, 1999, 7:23 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-10-060.

Title of Rule: Dealer fee rules.

Purpose: Amend rule relating to license issuance fees.

Statutory Authority for Adoption: SB 5020, RCW 75.08.080.

Statute Being Implemented: RCW 77.32.050.

Summary: Sets license issuance fees that will be retained by dealers.

Reasons Supporting Proposal: Senate Bill 5020.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930, Implementation: Dave Brittell, 1111 Washington Street, Olympia, 902-2325; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.

Name of Proponent: Washington State Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The minimum fee of $2 is set for the issuance of a "standard recreational licensing document," which is the fishing license or the hunting license. The same fee is set for use of this document if more than one license is issued, or the fish and wildlife lands vehicle use permit, as the same level of work is required. A reduced fee of $1 is set for issuance of the wearable shellfish license or tag, and 50 cents is set for the fee for tags, stamps, the Western Washington pheasant permit and the special hunt application, as the dealer involvement on these latter documents is minor. These fees will compensate license dealers for the work they do in issuing licenses.

Proposal Changes the Following Existing Rules: Changes and clarifies license issuance fees.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules are currently in effect for all small businesses that issue licenses, and make no change except increasing the amount the license dealers may retain for issuance of a standard recreational license document from one dollar to two dollars.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Shilo Inn, 707 Ocean Shores Boulevard N.W., Ocean Shores, WA, on August 6-7, 1999, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by June [July] 23, 1999, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2944 by August 4, 1999.

Date of Intended Adoption: August 7, 1999.

June 15, 1999

Evan Jacoby

Rules Coordinator

OTS-3233.1


AMENDATORY SECTION(Amending Order 99-02, filed 1/13/99, effective 2/13/99)

WAC 220-55-115
Recreational license dealer's fees.

((Dealer fees are defined as fees in excess of license fees.

(1))) License dealers may charge ((an agent fee of one dollar for the issuance of each license document and fifty cents for the issuance of each separate tag, permit, special hunting permit application, and the state migratory waterfowl stamp sold manually.

(2) License dealers with point-of-sale equipment may charge an agent fee of one dollar for each license transaction and fifty cents for each state migratory waterfowl stamp.

(3) License dealers must also collect transaction fees as calculated by the point-of-sale system. These transaction fees are two dollars and fifty cents for five or fewer licenses and license packages, and must be remitted to the department with the license fee remittance)) a license issuance fee as follows:

(1) Two dollars for the issuance of any of the following fishing licenses:

(a) A combination license.

(b) A saltwater license.

(c) A freshwater license.

(d) A temporary fishing license when issued in the form of a standard recreational fishing license document.

(e) A family fishing weekend license.

(f) A personal use shellfish and seaweed license when issued in the form of a standard recreational fishing license document.

(g) Notwithstanding the provisions of this subsection, if any two or more licenses are issued on the same standard recreational fishing license document, the license issuance fee for the document is two dollars.

(2) Two dollars for the issuance of any of the following hunting licenses:

(a) A big game combination license.

(b) A small game license.

(c) A three-consecutive day small game license.

(d) Notwithstanding the provisions of this subsection, if any two or more licenses are issued on the same standard recreational hunting license document, the license issuance fee for the document is two dollars.

(3) Two dollars for the issuance of a fish and wildlife lands vehicle use permit when issued separately from an annual freshwater, saltwater or combination fishing license, or separately from an annual small game hunting license, big game combination license, or trapping license. Notwithstanding the provisions of this subsection, if the fish and wildlife lands vehicle use permit is issued with any other license issued in the form of a standard recreational hunting or fishing license document, the license issuance fee for the document is two dollars.

(4) One dollar for the issuance of any of the following shellfish and seaweed licenses or tags:

(a) A personal use shellfish and seaweed license when issued in the form of a wearable license.

(b) A wearable shellfish tag issued with a combination fishing license.

(c) A wearable shellfish tag issued with a personal use shellfish and seaweed license when the license is issued in the form of a standard recreational fishing license document.

(d) A two-day personal use shellfish and seaweed license.

(5) Fifty cents for the issuance of any of the following:

(a) A deer, elk, bear, cougar, mountain goat, mountain sheep, moose, or turkey transport tag.

(b) A temporary fishing license when issued as a stamp.

(c) A state of Washington migratory bird stamp.

(d) A Western Washington pheasant permit.

(e) An application for a special permit hunt.

[Statutory Authority: 1998 c 191 and RCW 75.08.080.  99-03-029 (Order 99-02), 220-55-115, filed 1/13/99, effective 2/13/99.  Statutory Authority: RCW 75.08.080.  94-01-001, 220-55-115, filed 12/1/93, effective 1/1/94; 89-07-071 (Order 89-05), 220-55-115, filed 3/20/89; 88-05-002 (Order 88-03), 220-55-115, filed 2/4/88; 80-03-064 (Order 80-12), 220-55-115, filed 2/27/80, effective 4/1/80.  Formerly WAC 220-105-047.]

Washington State Code Reviser's Office