WSR 04-01-196

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed December 24, 2003, 10:17 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-22-097.

Title of Rule: License suspension rules.

Purpose: Clarify hunting activity for purposes of license suspension.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Clarify that hunting activity includes being in transit to or from hunting.

Reasons Supporting Proposal: Clarification.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation 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: RCW 77.15.720 provides that hunting privileges shall be suspended if a person shoots another person or domestic livestock while hunting. Persons who are in transit to or from hunting, and have a shooting accident, are engaged in hunting activities, and the shooting would be investigated as a hunting accident. This rule proposal clarifies what constitutes hunting for purposes of a license suspension.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule proposal affects only recreational hunters who shoot another person or domestic livestock. There is no regulatory effect on small businesses.

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

Hearing Location: Natural Resources Building, 1111 Washington Street, Olympia, WA, on February 6-7, begins at 8:00 a.m., February 6, 2004.

Assistance for Persons with Disabilities: Contact Susan Yeager by January 23, 2004, TDD (360) 902-2207 or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by January 20, 2004.

Date of Intended Adoption: February 6, 2004.

December 24, 2003

Evan Jacoby

Rules Coordinator

OTS-6892.1


AMENDATORY SECTION(Amending Order 99-209, filed 12/16/99, effective 1/16/00)

WAC 220-125-010   Scope of rules -- Definitions.   The provisions of this chapter apply to the department's authority under chapter((s)) 77.15 ((and 77.16)) RCW to issue orders that revoke licenses, tags, or permits issued by the department, or to suspend privileges administered by the department.

(1) "Revoke" and "revocation" mean issuance of a department order under chapter 77.15 ((or 77.16)) RCW that takes away a license, tag, or permit. A revocation order nullifies all privileges represented by the license, tag, or permit, regardless of whether a revoked license is physically returned to the department, unless that order is withdrawn or reversed.

(2) "Suspend" and "suspension" mean issuance of a department order under chapter 77.15 ((or 77.16)) RCW that prohibits a person from enjoying or exercising a privilege that is regulated by any licenses, tags, or permits issued by the department. When a person is subject to an order suspending privileges, then any license obtained in violation of the suspension is void.

(3) For purposes of suspending hunting privileges because of a person shooting another person or domestic livestock while hunting pursuant to RCW 77.15.720, a person is "hunting" if the person is in transit to or from engaging in hunting activities, or the person is in the field engaging in hunting activities.

[Statutory Authority: RCW 75.08.080. 00-01-101 (Order 99-209), 220-125-010, filed 12/16/99, effective 1/16/00.]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office