WSR 04-13-061

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 14, 2004, 3:23 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-10-024.

Title of Rule and Other Identifying Information: License dealer issuance fees.

Hearing Location(s): Embassy Suites Hotel, 20610 44th Avenue West, Lynnwood, WA, on August 6-7, 2004, begins at 8:00 a.m., August 6.

Date of Intended Adoption: August 6, 2004.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by August 4, 2004.

Assistance for Persons with Disabilities: Contact Susan Yeager by July 26, 2004, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will adjust dealer's fees. The 2004 legislature established a new razor clam license. The dealer's issuance fee is set by rule, and a dealer's fee will be established for issuance of this license. The seaweed and shellfish license and the two-day fishing license issued as a stamp are currently set at one dollar, but the seaweed shellfish license issuance procedure is the same as other fishing licenses and the two-day stamp is the same as the "hot-key" license issuance, both of which have a two-dollar dealer issuance fee. In order to reduce confusion in license issuance, and to standardize the fees, all of the fishing license dealer issuance fees will be set at two dollars.

Reasons Supporting Proposal: Legislation established a new license; standardization of fees.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

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

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

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

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects the fee paid by recreational fishers. It has no regulatory effect on small businesses, who are the license dealers. It has no record-keeping or compliance requirements. It will not affect revenues, since all license dealers charge the same fee, and it is not a matter of whether the dealer fee will be paid, only to whom it is paid. There is no differential between large businesses and small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

June 14, 2004

Evan Jacoby

Rules Coordinator

OTS-7273.1


AMENDATORY SECTION(Amending Order 01-62, filed 4/24/01, effective 5/25/01)

WAC 220-55-115   Recreational license dealer's fees.   License dealers may charge 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 two-day temporary fishing license.

(e) A family fishing weekend license.

(f) A shellfish and seaweed license.

(g) A razor clam license.

(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.

(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.

(4) ((One dollar for the issuance of a personal use shellfish and seaweed license and for a two-day temporary fishing license when issued as a charter stamp.

(5))) Notwithstanding the provisions of this section, if any two or more licenses are issued at the same time, or the fish and wildlife lands vehicle use permit is issued with any recreational license, the license issuance fee for the document is two dollars.

(((6))) (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 state of Washington migratory bird stamp.

(c) A Western Washington pheasant permit.

(d) An application for a special permit hunt.

[Statutory Authority: RCW 77.12.047. 01-10-030 (Order 01-62), 220-55-115, filed 4/24/01, effective 5/25/01. Statutory Authority: RCW 77.32.050. 00-11-178 (Order 00-80), 220-55-115, filed 5/24/00, effective 6/24/00. Statutory Authority: SB 5020 and RCW 75.08.090. 99-17-095 (Order 99-129), 220-55-115, filed 8/17/99, effective 9/17/99. 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.]

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