WSR 14-20-009 PERMANENT RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 14-267—Filed September 19, 2014, 9:50 a.m., effective January 1, 2015] Effective Date of Rule: January 1, 2015.
Purpose: This rule proposal makes changes to geoduck diver license rules in response to statute changes that limited the amount of geoduck diver licenses that the Washington department of fish and wildlife (WDFW) may issue per year to seventy-seven licenses beginning January 1, 2015. These changes create a clear, efficient process for the issuance of geoduck diver licenses in new WAC 220-52-01905, which will carry forward the license issuance process after January 1, 2015. Another rule project addressing the on-boarding of the license issuance process and technical changes was accomplished in tandem with this rule making. As this rule change is not needed until after January 1, 2015, the effective date has been postponed until that time.
Reasons supporting proposal: This rule change proposal was discussed during the fish and wildlife commission meeting and public hearing on August 8, 2014. The proposed changes were adopted by the commission at the September 19, 2014, commission meeting. The changes provide a clear process for WDFW in issuing geoduck diver licenses in light of the license limitation imposed by the legislature and accomplish necessary technical changes for clarity.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.12.047, and 77.65.410.
Adopted under notice filed as WSR 14-14-136 on July 2, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 19, 2014.
Miranda Wecker, Chair
Fish and Wildlife Commission
NEW SECTION
WAC 220-52-01905 Commercial geoduck harvest—Geoduck diver license application and issuance process.
(1) The department will not consider incomplete applications for a geoduck diver license. The following information is required to apply for or renew a geoduck diver license:
(a) A complete, legible, and signed application form;
(b) The application and license fees as provided in RCW 77.65.440;
(c) Proof of completion of the department of natural resources (DNR) geoduck diver safety program; and
(d) For applications to renew only, a copy of a DNR geoduck harvest agreement plan of operation that lists the applicant on the agreement during the applicable current calendar year.
(2) No more than 77 geoduck diver licenses may be issued per calendar year.
(3) Applicants may submit applications to the department:
(a) By mailing to 600 Capitol Way N., Olympia, WA 98501-1091;
(b) By faxing to 360-902-2945; or
(c) In person at the WDFW licensing front desk, first floor, natural resources building at 1111 Washington St. S.E., Olympia, WA 98501.
(4) The department must receive applications to renew a geoduck diver license by December 31st of the year the licensee's current geoduck diver license expires. If less than 77 geoduck diver licenses have been issued after the department approves all qualifying applications to renew a geoduck diver license, the department will issue additional licenses, up to the 77 geoduck diver license limit, to qualified applicants in the order they are received. If the department receives more than one application for a geoduck diver license in a calendar day, and issuing licenses to all applicants received in that calendar day would exceed 77 geoduck diver licenses, the department will conduct a random drawing among the applications received that calendar day to determine which of the applications received in that calendar day will be issued a geoduck diver license.
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