WSR 02-13-085

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 18, 2002, 8:13 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-09-032.

     Title of Rule: "Resident" definition.

     Purpose: Clarify residency to maintain a license.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Resident license valid for remainder of year of issuance unless person obtains a resident license in another state.

     Reasons Supporting Proposal: Clarify status of resident license if a person moves out of state.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Jim Lux, 1111 Washington Street, Olympia, (360) 902-2444; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

     Name of Proponent: 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: Although the status of a person as a resident is clear at the time the license is issued (her [here] for ninety days; intent to remain; no resident license in another state), it is unclear what happens if the resident then moves out of state. A survey of neighboring states reveals that virtually all regard a resident license as valid until a person obtains a resident license in another state. This rule clarifies the status of a resident who moves out of state during the licensing year.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules affect recreational license holders, not small businesses.

     RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Pearsall Multi-Services Center, 2109 Sumner Avenue, Aberdeen, WA, on August 2-3, 2002, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Debbie Nelson by July 19, 2002, TDD (360) 902-2207, or (360) 902-2267.

     Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by July 26, 2002.

     Date of Intended Adoption: August 2, 2002.

June 17, 2002

Evan Jacoby

Rules Coordinator

OTS-5610.3


NEW SECTION
WAC 220-20-001   General definitions -- Residency.   For purposes of establishing and maintaining residency in order to purchase and use a Washington state resident commercial or recreational hunting or fishing license, a resident license that is issued to a valid resident of Washington state remains valid for the remainder of the licensing year unless that person obtains a resident license in another state. When a person obtains a resident license in another state, the Washington state resident license becomes invalid.

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