WSR 98-21-072

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed October 21, 1998, 10:15 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-15-149.

Title of Rule: 1999 sport licenses and dealer issuance.

Purpose: Amend recreational license and license issuance rules.

Statutory Authority for Adoption: Chapter 191, Laws of 1998, RCW 75.08.080.

Statute Being Implemented: Chapter 191, Laws of 1998.

Summary: The 1998 legislature passed a recreational license reform bill that restructures fishing and hunting licensing. These rules implement this bill.

WAC 220-55-001, definitions for licensing.

WAC 220-55-005, new license issuance forms. Allows temporary fishing license to be issued as a stamp for convenience of charter operators and others.

WAC 220-55-010, shellfish validation tag is included as part of license.

WAC 220-55-015, license required on possession. Enforcement requirement.

WAC 220-55-040, license refund policy. Clarifies when a refund is available.

WAC 220-55-050, temporary license validations. Clarifies period of validity.

WAC 220-55-055, age of purchaser determines eligibility; certain licenses are valid if prepurchased for remainder of licensing year. Offers reduced license fees for early youth purchase and does not require purchase of senior fishing license if already licensed.

WAC 220-55-060, reduced fee license issuance requirements clarification for dealers.

WAC 220-55-065, disabled harvester card issuance and policy. Clarifies requirements for disabled fisher assistance.

WAC 220-55-070, catch record card requirements. No change.

WAC 220-55-100, vehicle use permit issuance and dealer requirements. Clarifies dealer requirements.

WAC 220-55-105, dealer requirements. Clarification.

WAC 220-55-110, temporary license issuance dealer requirements. Clarification.

WAC 220-55-115, dealers fees and transaction fees. Begins implementation of a point-of-sale system.

WAC 220-55-120 and 220-55-125, inventory return. Clarifies when inventory to be returned and refund policy.

Repealers: Repeals enhancement stamp and dealer's fee rules as redundant.

Enhancement Account Funding: WAC 220-20-070, 220-140-050, and 232-12-072. The bill requires the department to adopt rules to continue funding enhancement programs at levels equal to the participation of licensees. The mechanism for funding the eastern Washington pheasant enhancement account, regional fisheries enhancement group account, and recreational fisheries enhancement account is to take the current dollars remitted to these accounts, continue to deposit a like sum, and make adjustments based on annual surveys. This method should provide a more sure funding than a percentage of sales, particularly in light of uncertain future sales.

WAC 232-12-001, seasonal wild steelhead limit changed to reflect new licensing year.

WAC 232-12-157, permit changed to catch record card as permit included in new licenses.

WAC 232-12-166, license name change.

WAC 232-12-189, punch card changed to catch record card.

WAC 232-12-619, seasonal wild steelhead limit changed to reflect new licensing year.

WAC 232-12-830, waters in which either a freshwater or saltwater license is valid established as required by section 41, chapter 41, Laws of 1998.

Repealers: WAC 232-12-069, repealed as transport tag fees set by statute. WAC 232-12-241, repealed as requirements of license dealers moved to chapter 220-55 WAC.

Reasons Supporting Proposal: See Summary above.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Dave Brittell, 1111 Washington Street, Olympia, 902-2206; and Enforcement: Ron Swatfigure, 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: See Summary above.

Proposal Changes the Following Existing Rules: See Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects recreational hunters and fishers. The incidental effect on license dealers is set by statute and the department has no ability to modify the statutes. Other than a licensing name change, there is no immediate effect on license dealers as small businesses. The point-of-sale system will require significant rules, which will be addressed in a separate filing.

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

Hearing Location: DoubleTree Hotel, 18740 Pacific Highway South, Seattle, WA, on December 4-5, 1998, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Robin Ayers by October [November] 13, 1998, TDD (360) 902-2295, or (902) [(360)] 902-2933.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, fax (360) 902-2940, by December 3, 1998.

Date of Intended Adoption: December 5, 1998.

October 21, 1998

Evan Jacoby

Rules Coordinator

OTS-2622.1

NEW SECTION

WAC 220-55-001  Definitions. Unless otherwise provided, the following definitions apply to this chapter:

(1) "Blind" means no vision or vision with corrective lenses so defective as to prevent the performance of ordinary activities for which eyesight is essential.

(2) "License year" is defined as April 1st through the following March 31st.

(3) "Personal use license" and "recreational license" have the same meaning, and refer to all licenses issued under RCW 77.32.450 through 77.32.490.

(4) "Veteran" means a veteran of the United States Armed Forces.

[]

AMENDATORY SECTION (Amending Order 96-13, filed 2/9/96, effective 3/11/96)

WAC 220-55-005  ((Personal use food fish)) Recreational license. A ((personal use food fish)) recreational license is a license ((card)) document issued by the department and ((shall be color coded to designate resident, nonresident, three consecutive day, or senior citizen)) in the case of a shellfish-seaweed license consists of the license and shellfish validation tag. The license is invalid unless the ((fisher)) personal identification information on the license has been completed and the ((fisher)) licensee has signed the license except that a temporary fishing license is issued either as a license document requiring personal identification information or as a stamp, which is invalid unless the two-consecutive days for which it is valid are entered, in permanent ink, on the stamp. ((A license is invalid for taking salmon and other food fish from Catch Record Card Areas 5 through 13 and Lake Washington unless a recreational fisheries enhancement stamp has been permanently affixed to a license card in the space provided, and that license is in the physical possession of the fisher except that a recreational fisheries enhancement stamp is not required for three consecutive day licenses, five-year disability licenses or for any licenses issued at no cost. Any fisher who has filled a salmon catch record card and purchased another personal use food fish license in order to continue fishing for salmon need not purchase a second recreational fisheries enhancement stamp, provided the fisher has the original license card with recreational fisheries enhancement stamp attached in the fisher's possession.))

[Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), § 220-55-005, filed 2/9/96, effective 3/11/96; 94-01-001, § 220-55-005, filed 12/1/93, effective 1/1/94.]

AMENDATORY SECTION (Amending Order 96-13, filed 2/9/96, effective 3/11/96)

WAC 220-55-010  ((Personal use)) Recreational shellfish and seaweed ((license)) validation tag. ((A)) The recreational personal use shellfish and seaweed ((license shall consist of a)) validation tag ((printed and issued by the department. The license)) shall be provided with an opening for attachment or display on outer clothing ((and shall be color-coded to designate resident, nonresident, three consecutive day or senior citizen)). The ((license shall be invalid unless the harvester information on the license has been completed and the harvester has signed the license)) validation must be displayed on outer clothing while harvesting or transporting shellfish in the field.

[Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), § 220-55-010, filed 2/9/96, effective 3/11/96; 94-01-001, § 220-55-010, filed 12/1/93, effective 1/1/94; 93-08-034 (Order 93-20), § 220-55-010, filed 3/31/93, effective 5/1/93; 89-07-071 (Order 89-05), § 220-55-010, filed 3/20/89; 79-09-021 (Order 79-58), § 220-55-010, filed 8/10/79.]

AMENDATORY SECTION (Amending Order 94-162, filed 11/14/94, effective 12/15/94)

WAC 220-55-015  Valid ((personal use)) recreational license required. (1) It is unlawful for any person required to have a recreational license to take or possess ((food)) fish or ((shellfish)) wildlife for personal use without having in physical possession a valid license. ((A personal use shellfish and seaweed license is not required for private tideland owners or lessees of state tidelands or members of their immediate family to harvest clams, oysters, cockles, borers, or mussels taken for personal use from their own tidelands.

(2) A shellfish and seaweed license must be displayed on outer clothing while harvesting or transporting shellfish in the field.

(3) The department will not replace lost or mutilated personal use licenses.))

[Statutory Authority: RCW 75.08.080. 94-23-059 (Order 94-162), § 220-55-015, filed 11/14/94, effective 12/15/94; 94-01-001, § 220-55-015, filed 12/1/93, effective 1/1/94; 89-07-071 (Order 89-05), § 220-55-015, filed 3/20/89; 79-09-021 (Order 79-58), § 220-55-015, filed 8/10/79.]

AMENDATORY SECTION (Amending WSR 94-01-001, filed 12/1/93, effective 1/1/94)

WAC 220-55-040  ((Free license definitions.)) License, tag and stamp refunds. ((For purposes of free licenses issued by the department:

(1) A person who is blind, or blind person, means a person who has no vision or whose vision with corrective lenses is so defective as to prevent the performance of ordinary activities for which eyesight is essential.

(2) Veteran means a veteran of the United States Armed Forces.)) (1) The department will not refund any recreational license or transport tag purchase for which a season or hunt has been scheduled, and the licensee could have participated in the season or hunt, regardless of whether the licensee did in fact participate.

(2) The department will not refund migratory bird stamp purchases.

(3) The department will refund the purchase of a second license when such purchase was made on behalf of the licensee by someone other than the licensee.

[Statutory Authority: RCW 75.08.080. 94-01-001, § 220-55-040, filed 12/1/93, effective 1/1/94; 89-07-071 (Order 89-05), § 220-55-040, filed 3/20/89; 88-05-002 (Order 88-03), § 220-55-040, filed 2/4/88; 86-24-047 (Order 86-191), § 220-55-040, filed 11/26/86; 79-09-021 (Order 79-58), § 220-55-040, filed 8/10/79.]

AMENDATORY SECTION (Amending Order 96-13, filed 2/9/96, effective 3/11/96)

WAC 220-55-050  ((Three consecutive day)) Temporary fishing or hunting license validation date. On a ((three consecutive day personal use food fish or shellfish and seaweed)) temporary fishing or hunting license, the validation date is the first date on which ((an angler)) a licensee may hunt or fish ((for, harvest or possess food fish and shellfish)) and the temporary license expires at midnight of the day after the validation date for temporary fishing licenses and at midnight of the second day after the validation date for three-consecutive-day small game licenses.

[Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), § 220-55-050, filed 2/9/96, effective 3/11/96; 94-01-001, § 220-55-050, filed 12/1/93, effective 1/1/94; 79-09-021 (Order 79-58), § 220-55-050, filed 8/10/79.]

AMENDATORY SECTION (Amending Order 96-13, filed 2/9/96, effective 3/11/96)

WAC 220-55-055  ((Personal use license and catch record card expiration.)) Age of purchaser. ((The expiration date for all personal use licenses and catch record cards is December 31st of the year printed on the license or catch record card, except a three consecutive day license expires at midnight of the day after the validation date or December 31st, whichever occurs first, and a disability license expires five years after the date of issue.)) (1) The age at the time of purchase determines the license necessary for the recreational activity.

(2) Youth hunters who turn sixteen years of age during the license year may use a previously purchased youth hunting license during the remainder of the license year, but are required to have a state migratory bird stamp affixed to the license on and after their sixteenth birthday, if they are hunting migratory birds.

(3) Youth fishers who turn fifteen years of age during the license year are required to purchase a youth fishing license.

(4) Youth fishers who turn sixteen years of age during the license year may use a previously purchased youth fishing license during the remainder of the license year.

(5) Resident seniors who turn seventy years of age during the license year may use a previously purchased saltwater or freshwater fishing license during the remainder of the license year.

[Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), § 220-55-055, filed 2/9/96, effective 3/11/96; 94-01-001, § 220-55-055, filed 12/1/93, effective 1/1/94; 91-08-054 (Order 91-13), § 220-55-055, filed 4/2/91, effective 5/3/91; 79-09-021 (Order 79-58), § 220-55-055, filed 8/10/79.]

AMENDATORY SECTION (Amending WSR 94-01-001, filed 12/1/93, effective 1/1/94)

WAC 220-55-060  ((Free personal use)) Reduced fee license issuing procedure. Upon request and presentation of required documentation, a ((free personal use license and catch record)) disability authorization card will be issued by the ((license supervisor of the)) department to any qualified applicant under RCW ((75.25.110)) 77.32.480. ((Persons not required to have a license under RCW 75.25.091 or 75.25.092 will be issued a free license, for their convenience, upon request. A lost, mutilated, or illegible free license will be replaced by the license supervisor upon request.)) Such card entitles the card holder to a reduced fee license which may be purchased at any authorized license dealership or department regional office.

[Statutory Authority: RCW 75.08.080. 94-01-001, § 220-55-060, filed 12/1/93, effective 1/1/94; 89-07-071 (Order 89-05), § 220-55-060, filed 3/20/89; 88-05-002 (Order 88-03), § 220-55-060, filed 2/4/88; 79-09-021 (Order 79-58), § 220-55-060, filed 8/10/79.]

AMENDATORY SECTION (Amending WSR 94-01-001, filed 12/1/93, effective 1/1/94)

WAC 220-55-065  ((Physical disability permit.)) Fishing for shellfish, freshwater fish or saltwater fish by persons of disability. (((1) Persons who are disabled, but are not entitled to a free license under RCW 75.25.110 or WAC 220-55-060, may obtain a physical disability permit upon application to the license supervisor of the department. Application must be made on a form supplied by the department and be accompanied by a statement of condition signed by a physician.

(2) Any personal use licensed fisher or shellfish harvester who has a disability permit and is present at the fishing or harvest site may have another personal use licensed fisher or harvester fish or harvest for the person who is disabled.

(3) A seaweed and shellfish licensee with a disability permit need not be present at the site for another licensee to harvest razor clams, but must be in a direct line of sight or within one-quarter mile of the harvest site if the direct line of sight is obstructed. A person harvesting razor clams for a person who has a disability permit must keep his or her razor clams separate from the razor clams being harvested for the person who is disabled.)) (1) Definitions:

(a) "Designated harvester" means a licensed fisher who accompanies a disabled fisher and assists the disabled fisher in the taking of shellfish, game fish or food fish.

(b) "Disabled fisher" means a person of disability who possesses a valid fishing license or shellfish license issued by the department. A disabled fisher must have all required licenses and catch record cards before fishing.

(c) "Disabled harvester identification card" means a card issued by the department to any person of disability who applies to the department and presents such evidence as the director may require showing that the applicant is a person of disability. Upon issuance of a disabled license, the department will also issue a designated harvester identification card.

(d) "Person of disability" means:

(i) A permanently disabled person who is not ambulatory over natural terrain without a prosthesis or assistive device; or

(ii) A permanently disabled person who is unable to hold or use any legal fishing or shell fishing device; or

(iii) A person who is totally blind or visually impaired.

This definition includes, but is not limited to, permanently disabled persons with upper or lower extremity impairments who have lost the use of one or both upper or lower extremities, or who have a significant limitation in the use of upper or lower extremities, or who have a diagnosed disease or disorder which substantially impairs or interferes with mobility of the use of upper extremities.

(e) "Visually impaired" means central visual acuity that does not exceed 20/200 in the better eye with corrective lenses, or the widest diameter of the visual field is no greater than 20 degrees.

(2) The designated harvester, when accompanied by the disabled fisher, may assist the disabled fisher in taking shellfish, game fish and food fish on behalf of the disabled fisher.

(3) It is unlawful for a designated harvester to assist a disabled fisher unless the disabled fisher is present and participating in the fishing activity; except, the disabled fisher is not required to be present at the location where the designated harvester is harvesting shellfish for the disabled person. The licensee is required to be in the direct line of sight of the designated harvester who is harvesting shellfish for him or her, unless it is not possible to be in a direct line of sight because of a physical obstruction or other barrier. If such a barrier or obstruction exists, the licensee is required to be within one-quarter mile of the designated harvester who is harvesting shellfish for him or her.

(4) It is unlawful for a designated harvester to assist a disabled fisher unless the designated harvester has the designated harvester identification card on his or her person.

(5) Shellfish, game fish or food fish harvested by a designated harvester on behalf of a disabled fisher become part of the disabled fisher's bag or possession limit, and must be kept separate from the designated harvester's bag or possession limit.

[Statutory Authority: RCW 75.08.080. 94-01-001, § 220-55-065, filed 12/1/93, effective 1/1/94; 91-08-054 (Order 91-13), § 220-55-065, filed 4/2/91, effective 5/3/91; 88-05-002 (Order 88-03), § 220-55-065, filed 2/4/88; 87-09-066 (Order 87-16), § 220-55-065, filed 4/21/87; 80-13-064 (Order 80-123), § 220-55-065, filed 9/17/80; 79-09-021 (Order 79-58), § 220-55-065, filed 8/10/79.]

AMENDATORY SECTION (Amending WSR 94-01-001, filed 12/1/93, effective 1/1/94)

WAC 220-55-070  Valid catch record card. A catch record card required while fishing for halibut in Catch Record Card Areas 5 through 13, sturgeon in Grays Harbor, Willapa Bay or the Columbia River and tributaries to these three systems, or anadromous salmon anywhere in the state (see WAC 220-56-175) shall be invalid unless:

(1) The angler possesses the appropriate ((personal use)) recreational license for the ((fishery)) area in which the angler is participating, if a license is required.

(2) The catch record card number is written in ink in the appropriate space on the back of the ((personal use)) recreational license, if a license is required.

(3) The license issuance date is legible and not altered, and the license has not been mutilated.

[Statutory Authority: RCW 75.08.080. 94-01-001, § 220-55-070, filed 12/1/93, effective 1/1/94; 91-08-054 (Order 91-13), § 220-55-070, filed 4/2/91, effective 5/3/91; 89-07-071 (Order 89-05), § 220-55-070, filed 3/20/89; 88-05-002 (Order 88-03), § 220-55-070, filed 2/4/88; 80-03-064 (Order 80-12), § 220-55-070, filed 2/27/80, effective 4/1/80. Formerly WAC 220-105-010.]

AMENDATORY SECTION (Amending WSR 94-01-001, filed 12/1/93, effective 1/1/94)

WAC 220-55-100  ((Personal use food fish license and shellfish and seaweed license dealer.)) Fish and wildlife lands vehicle use permit. ((A personal use food fish license and shellfish and seaweed license dealer is any person, business, corporation or governmental agency authorized by the director to issue personal use licenses, recreational fisheries enhancement stamps, and catch record cards.)) Recreational license dealers are to issue a fish and wildlife lands vehicle use permit with each annual recreational license sold, except for shellfish-seaweed licenses, and with each trapping license sold. If the fish and wildlife lands vehicle use permit is not issued, it is to be returned to the department with the department's copy of the license, and is due by the 10th of the month following the sale of the license.

[Statutory Authority: RCW 75.08.080. 94-01-001, § 220-55-100, filed 12/1/93, effective 1/1/94; 80-03-064 (Order 80-12), § 220-55-100, filed 2/27/80, effective 4/1/80. Formerly WAC 220-105-040.]

AMENDATORY SECTION (Amending WSR 94-01-001, filed 12/1/93, effective 1/1/94)

WAC 220-55-105  ((Personal use license dealer--Bonding, prepayment and remittance requirements.)) Requirements of recreational license dealers. (((1) A personal use license dealer who has been authorized less than twenty-four months must either post a surety bond or prepay for licenses and recreational fisheries enhancement stamps. The total value of licenses and stamps issued to bonded dealers will not exceed the amount of the bond.

(2) Personal use license dealers who have been authorized for twenty-four months or longer and who have had no more than three late remittances or more than one audit exception in a twelve-month period and who provide proof of casualty, theft or loss insurance may be issued licenses without bonding or prepayment.

(3) Personal use license dealers who have been issued licenses without bonding or prepayment and thereafter have more than three late remittances in a twelve-month period or two audit exceptions in a twelve-month period will resume status as a new dealer.

(4) Personal use license dealers who make a remittance with insufficient funds must obtain a surety bond or prepay for all further licenses.

(5) Personal use license dealers shall report license sales on forms provided by the department and shall remit receipts from those sales to the department no later than the tenth day of each month following the close of business for the previous calendar month. Receipts from sales of personal use licenses are the property of the state of Washington. Failure to remit receipts from the sales of personal use licenses within sixty days of the sale of the license may result in criminal prosecution pursuant to Title 9A RCW, the Washington Criminal Code.)) (1) The director or his/her designee may deputize persons, firms or corporations as license dealers in such numbers as deemed necessary for the purpose of issuing licenses, permits, tags, stamps and punchcards.

(2) License dealers must sell a minimum of two hundred fifty licenses per year, have a permanent place of business with regular business hours, and have a type of business that supports hunting and fishing activities. Exceptions to this rule may be granted by the director or his/her designee upon written appeal.

(3) License dealers shall remit all moneys collected from the sale of licenses, stamps, and other department property by the 10th day of the following month in which the licenses are sold. High volume license dealers or dealers with a history of late payments may be required to remit moneys on a more frequent basis.

(4) All records held pursuant to the statutes and regulations dealing with license dealers must be open to inspection by a fish and wildlife agent or department designee at reasonable times.

(5) License dealers who remit payments after the 10th of the month on more than two occasions in one year will be required to obtain a bond equal to the value of their license stock or make electronic fund transfer payment arrangements. "One year" is defined as beginning on the first month in which the license dealer is late making a payment due by the 10th of that month. A dealer who is late a third time, or sporadically thereafter, may lose their license dealership. No license dealer may receive additional license inventory if they are in arrears on license payments.

[Statutory Authority: RCW 75.08.080. 94-01-001, § 220-55-105, filed 12/1/93, effective 1/1/94; 89-07-071 (Order 89-05), § 220-55-105, filed 3/20/89; 88-05-002 (Order 88-03), § 220-55-105, filed 2/4/88; 80-03-064 (Order 80-12), § 220-55-105, filed 2/27/80, effective 4/1/80. Formerly WAC 220-105-045.]

AMENDATORY SECTION (Amending Order 96-13, filed 2/9/96, effective 3/11/96)

WAC 220-55-110  ((Three consecutive day)) Temporary fishing and hunting license and catch record card--License dealer issuance duties. (1) A ((personal use)) recreational license dealer must, at the time of sale of a ((three consecutive day license)) temporary fishing or three-consecutive-day small game license, write the validation date in ink on the license document. The validation date is the first day on which a licensee may fish for, harvest or possess ((food)) fish or ((shellfish)) wildlife.

(2) A ((personal use)) recreational license dealer must, at the time of distribution of a catch record card, record in ink the number of the catch record card in the appropriate space on the personal use food fish license, if a personal use food fish license is required for the fisher.

[Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), § 220-55-110, filed 2/9/96, effective 3/11/96; 94-01-001, § 220-55-110, filed 12/1/93, effective 1/1/94; 89-07-071 (Order 89-05), § 220-55-110, filed 3/20/89; 88-05-002 (Order 88-03), § 220-55-110, filed 2/4/88; 80-03-064 (Order 80-12), § 220-55-110, filed 2/27/80, effective 4/1/80. Formerly WAC 220-105-046.]

AMENDATORY SECTION (Amending WSR 94-01-001, filed 12/1/93, effective 1/1/94)

WAC 220-55-115  ((Personal use)) Recreational license dealer's fees. ((Personal use dealers may retain a license fee of one dollar for each personal use food fish license, personal use shellfish and seaweed license, and recreational fisheries enhancement stamp sold. No dealer's fee may be charged for free licenses issued by dealers to residents seventy years of age or older, or for distributing catch record cards to any fisher.)) 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 remittence.

[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.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

AMENDATORY SECTION (Amending WSR 94-01-001, filed 12/1/93, effective 1/1/94)

WAC 220-55-120  ((Personal use)) Recreational licenses ((and recreational fisheries enhancement)), stamps and tags--((Redemption and)) Inventory return. (((1) Personal use license dealers may redeem prepaid personal use food fish licenses, personal use shellfish and seaweed licenses, and recreational fisheries enhancement stamps for full value by returning unused stock to the department licensing division not later than January 31 of the year following expiration. Dealers who return stock by mail are entitled to a refund if the postmark is no later than January 31st. No redemption will be made for licenses or stamps received or postmarked after January 31st.

(2) Bonded dealers and dealers who are not required to prepay or bond must return all unused personal use licenses and recreational fisheries enhancement stamps by January 31st of the year following expiration. After January 31st any unreturned licenses or stamps will be presumed to have been sold and remittance will be required under WAC 220-55-105.)) Recreational license dealers are required to return all unused licenses and transport tags and unsold migratory bird stamps to the department by April 30th following the license year for which the licenses and transport tags were issued. No refund will be given for migratory bird stamps received after April 30th.

[Statutory Authority: RCW 75.08.080. 94-01-001, § 220-55-120, filed 12/1/93, effective 1/1/94; 89-07-071 (Order 89-05), § 220-55-120, filed 3/20/89; 88-05-002 (Order 88-03), § 220-55-120, filed 2/4/88; 84-05-046 (Order 84-11), § 220-55-120, filed 2/21/84; 80-03-064 (Order 80-12), § 220-55-120, filed 2/27/80, effective 4/1/80. Formerly WAC 220-105-050.]

AMENDATORY SECTION (Amending WSR 94-01-001, filed 12/1/93, effective 1/1/94)

WAC 220-55-125  Catch record cards--Accountability and inventory return. A ((personal use)) recreational license dealer issuing catch record cards for salmon, sturgeon, ((and)) halibut, and steelhead is subject to the following rules:

(1) Catch record card books may not be transferred from one dealer to another without written permission from the department.

(2) All catch record card books from which all cards have been issued, and any catch record card returned to a dealer by a fisher, must be returned to the department within ten days after the end of each calendar month.

(3) Any dealer terminating business or closing for the license year prior to ((December)) March 31st must return any unused or partially used catch record card books within thirty days of terminating business or closing for the year.

(4) All partially used catch record card books must be returned to the department by ((January 31st)) April 30th of the license year following the year printed on the catch record cards. All complete unused catch record card books, and any catch record cards that are void, lost, destroyed or otherwise missing from a dealership, must be accounted for in writing to the department by ((January 31st)) April 30th of the year following the year printed on the catch record cards.

[Statutory Authority: RCW 75.08.080. 94-01-001, § 220-55-125, filed 12/1/93, effective 1/1/94; 91-08-054 (Order 91-13), § 220-55-125, filed 4/2/91, effective 5/3/91; 89-07-071 (Order 89-05), § 220-55-125, filed 3/20/89; 88-05-002 (Order 88-03), § 220-55-125, filed 2/4/88; 80-03-064 (Order 80-12), § 220-55-125, filed 2/27/80, effective 4/1/80. Formerly WAC 220-105-055.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 220-55-075 Recreational fisheries enhancement stamp.

WAC 220-55-155 Personal use license dealer's fee.

OTS-2636.1

NEW SECTION

WAC 220-20-070  Recreational fisheries enhancement account--Funding. Pursuant to RCW 75.54.140, effective January 1, 1999, the recreational fisheries enhancement account (account) shall be funded as follows:

(1) One-quarter of the revenue amount derived from the 1998 recreational surcharge shall be deposited quarterly in the account beginning with the first quarter of 1999, and the same amount shall be deposited into the account for the following eight quarters.

(2) Beginning April 1, 2001, the amount deposited quarterly into the account shall be adjusted on a percentage basis to reflect the annual increase or decrease in the persons fishing for salmon and marine bottomfish in Puget Sound, based on the previous license year's annual survey of licensed anglers as provided for in RCW 77.32.440.

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OTS-2637.1

NEW SECTION

WAC 220-140-050  Funding the fisheries regional enhancement group account. Pursuant to RCW 75.50.100, effective January 1, 1999, the dedicated fisheries regional enhancement group account (account) shall be funded as follows:

(1) The one hundred dollar surcharge on commercial salmon licenses, salmon delivery licenses and salmon charter licenses shall be deposited into the account.

(2) The revenue from sale of a group's carcasses and eggs will be deposited into the account for use by the group that produced the surplus.

(3) One-quarter of the revenue amount derived from the 1998 personal use license regional fishery enhancement group surcharge shall be deposited quarterly into the account beginning with the first quarter of 1999, and the same amount shall be deposited into the account for the following eight quarters. Beginning April 1, 2001, the amount deposited quarterly into the account shall be adjusted on a percentage basis to reflect the annual increase or decrease in the persons fishing for food fish, based on the previous license year's annual survey of licensed anglers provided for in RCW 77.32.440.

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OTS-2605.2

NEW SECTION

WAC 232-12-072  Eastern Washington pheasant enhancement--Funding level determination. The department will deposit one-quarter of the revenue derived from the 1997 Eastern Washington pheasant enhancement program into the program for the first quarter of 1999. Beginning the second quarter of 1999, and thereafter, the department will deposit a like amount, adjusted yearly by the percentage of Eastern Washington pheasant hunters, based upon the annual hunter survey.

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REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 232-12-069 Transport tag fees for black bear and cougar.

OTS-2539.2

AMENDATORY SECTION (Amending WSR 97-18-035, filed 8/27/97, effective 9/27/97)

WAC 232-12-001  Definition of terms. Definitions used in rules of the commission are defined in RCW 77.08.010. In addition, unless otherwise provided:

(1) "Snagging" means an effort to take fish with a hook and line in a manner such that the fish does not take the hook voluntarily in its mouth.

(2) "Gaffing" means an effort to take fish by impaling the fish with a hook attached directly to a pole or other device.

(3) "Spearing" and "spear fishing" means an effort to take fish by impaling the fish on a shaft, arrow, or other device.

(4) A "valid" license, permit, tag, stamp or catch record card means a license, permit, tag, stamp, or catch record card that was issued to the bearer for the current season and is required to hunt, fish or possess wildlife and has not been altered except as provided by rule of the commission.

(5) "Hook" means one single, double, or treble hook. A "single hook" means a hook having a single point; a "double hook" means a hook having two points on a common shank; and a "treble hook" means a hook having three points on a common shank. "Barbless hook" means a hook on which all barbs have been deleted when manufactured, filed off, or pinched down.

(6) "Falconry" means possession, control, or use of a raptor for the purpose of hunting and free flight training.

(7) "Anadromous game fish" means:

(a) Steelhead trout, Oncorhynchus mykiss, defined as any searun rainbow trout over twenty inches in length

(b) Searun cutthroat, Oncorhynchus clarkii

(c) Searun Dolly Varden, Salvelinus malma

(8) "Handgun" means any pistol, revolver or short firearm with a barrel length of less than sixteen inches and does not have a shoulder stock.

(9) "Lure" means a manufactured article constructed of feathers, hair, fiber, wood, metal, glass, cork, leather, rubber or plastic which does not use scent and/or flavoring to attract fish. "Nonbuoyant lure" means a lure, complete with hooks, swivels or other attachments, that does not float in freshwater.

(10) "Bait" means any substance which attracts fish or wildlife by scent and/or flavor. Bait includes any device made of feathers, hair, fiber, wood, metal, glass, cork, leather, rubber or plastic which uses scent and/or flavoring to attract fish or wildlife.

(11) "Possession limit" means the number of daily limits allowed to be retained in the field or in transit.

(12) "Daily limit" means the maximum number of game fish which a person may legally retain in a single day.

(13) "Boat fishing" means fishing while in or on a boat, raft, or any other floating device.

(14) "Catch-and-release" means a type of angling where none of the fish caught are retained by the angler.

(15) "Fish in possession" means any fish retained, secure from escape, whether dead or alive. Bass or Walleye may be caught, retained, and released alive from a livewell until a daily limit is in possession.

(16) "Mouth" of stream, river, or slough means those waters upstream of a line projected between the outermost uplands at the mouth. Outermost uplands means those lands are not covered by water during an ordinary high water.

(17) Fish length means the length of a fish measured from snout to tip of tail not fork.

(18) Slough means any swamp, marsh, bog, pond, side-channel, or backwater connected to a river by water. Many waters commonly called sloughs are not connected to a river and, therefore, are considered lakes.

(19) "In the field or in transit" means any place other than at the ordinary residence of the harvester. An ordinary residence is a residential dwelling where a person normally lives, with associated features such as address, telephone number, utility account, etc. A motorhome or camper parked at a campsite or a vessel are not considered to be an ordinary residence.

(20) "Seasonal wild steelhead limit" means the maximum number of wild steelhead trout any one angler may retain from May ((1st through the following April 30th)) 1, 1998, through April 30, 1999; May 1, 1999, through March 31, 2000; and thereafter April 1st through the following March 31st.

(21) "Wild steelhead" means a steelhead trout that does not have the adipose or a ventral fin removed and a healed scar at the removal site.

(22) "Fresh" means game fish that are refrigerated, iced, salted, or surface glazed.

(23) "Frozen" means a game fish that is hard frozen throughout.

(24) "Processed" means a game fish that has been processed by heat for human consumption as kippered, smoked, boiled or canned.

(25) "Juvenile" means a person under fifteen years old.

(26) "Wild" when used to describe the difference between a hatchery fish and a nonhatchery fish means a fish with all fins intact. A fish missing an adipose fin or a ventral fin with a healed scar at the location of the missing fin is not a wild fish.

[Statutory Authority: RCW 75.08.080 and 75.12.040. 97-18-035, § 232-12-001, filed 8/27/97, effective 9/27/97. Statutory Authority: RCW 77.12.040. 97-07-076 (Order 97-50), § 232-12-001, filed 3/19/97, effective 5/1/97; 96-11-079 (Order 96-45), § 232-12-001, filed 5/13/96, effective 6/13/96; 95-05-008 (Order 95-11), § 232-12-001, filed 2/1/95, effective 5/1/95. Statutory Authority: RCW 77.04.055 and 77.12.040. 93-21-070 (Order 617), § 232-12-001, filed 10/20/93, effective 4/16/94; 92-01-084 (Order 524), § 232-12-001, filed 12/16/91, effective 4/16/92. Statutory Authority: RCW 77.12.040. 89-10-026 (Order 387), § 232-12-001, filed 4/26/89. Statutory Authority: RCW 77.12.040 and 77.16.010. 86-21-017 (Order 280), § 232-12-001, filed 10/6/86. Statutory Authority: RCW 77.12.040. 81-22-002 (Order 174), § 232-12-001, filed 10/22/81; 81-12-029 (Order 165), § 232-12-001, filed 6/1/81. Formerly WAC 232-12-010.]

AMENDATORY SECTION (Amending Order 252, filed 5/23/85)

WAC 232-12-157  Steelhead ((permit)) catch record card. (1) It is unlawful for a person, except a treaty Indian possessing a valid federal or treaty fishing identification card, to fish for steelhead trout without having in their immediate possession a valid steelhead ((permit)) catch record card.

(2) Upon retaining a steelhead trout over twenty inches in length, the holder of a steelhead ((permit)) catch record card must immediately enter on the ((permit)) catch record card in ink the date of the catch and the river code number as listed on the card.

(3) Every person possessing a steelhead ((permit)) catch record card must, by June 1, following the period for which it was issued, return that ((permit)) catch record card to an authorized license dealer or the department.

[Statutory Authority: RCW 77.12.040. 85-12-005 (Order 252), § 232-12-157, filed 5/23/85; 84-03-021 (Order 220), § 232-12-157, filed 1/11/84. Statutory Authority: RCW 77.12.020 and 77.12.040. 83-21-003 (Order 218), § 232-12-157, filed 10/6/83. Statutory Authority: RCW 77.12.040. 82-22-032 (Order 195), § 232-12-157, filed 10/27/82; 81-22-002 (Order 174), § 232-12-157, filed 10/22/81; 81-12-029 (Order 165), § 232-12-157, filed 6/1/81. Formerly WAC 232-12-360.]

AMENDATORY SECTION (Amending Order 632, filed 4/14/94, effective 5/1/94)

WAC 232-12-166  Northern squawfish sport-reward fishery Columbia and Snake rivers. The Washington department of fish and wildlife shall administer a bounty voucher program for Northern squawfish (Ptychocheilus oregonensis) taken by legal fishing methods, in waters open to fishing, from the mouth of the Columbia River to the boundary markers 650 feet below the fish ladders at Priest Rapids Dam; from the mouth of the Snake River to the boat restricted zone below Hells Canyon Dam, and from (([the])) the backwaters and sloughs as well as up to 400 feet into the tributaries of the reaches listed above on the Columbia and Snake rivers. In addition, the following requirements shall be met to qualify for a voucher:

(a) Each angler must register in person, prior to fishing, at one of the registration stations each fishing day. A fishing day is a 24-hour period from 9:01 p.m. through 9:00 p.m. of the following day;

(b) Each angler, in person must exchange their eligible Northern squawfish for a voucher during the posted hours, and at the same registration station where the angler registered during the same fishing day;

(c) Each Northern squawfish must be eleven inches or longer in total length and presented in fresh condition or alive;

(d) Anglers shall provide information regarding their catch as requested by department personnel at the registration site and mail in survey forms; and

(e) Anglers shall obtain (([a Washington state game fishing license to fish for Northern squawfish] [angling licenses])) a valid Washington state fishing license and must use a single rod, reel, and line with up to three hooks with no more than three points each.

[Statutory Authority: RCW 77.12.040. 94-09-019 (Order 632), § 232-12-166, filed 4/14/94, effective 5/1/94; 93-10-013, § 232-12-166, filed 4/23/93, effective 4/30/93.]

NOTES:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

AMENDATORY SECTION (Amending Order 267, filed 1/15/86)

WAC 232-12-189  Duplicate licenses, tags, etc.--Rules for issuance. Request for replacement of licenses, permits, tags, stamps or ((punchcards)) catch record cards required by chapter 77.32 RCW, which have been lost, mutilated, or stolen, must be made by the licensee.

Duplicate licenses, permits, tags, stamps and ((punchcards)) catch record cards may be issued at department offices or by game license dealers.

[Statutory Authority: RCW 77.32.256. 86-03-054 (Order 267), § 232-12-189, filed 1/15/86. Statutory Authority: RCW 77.12.040. 81-22-002 (Order 174), § 232-12-189, filed 10/22/81.]

AMENDATORY SECTION (Amending WSR 98-06-031, filed 2/26/98, effective 5/1/98)

WAC 232-12-619  Permanent Washington state-wide game fish regulations. The following state-wide regulations apply to all waters unless modified under regional regulation exceptions.

(1) Fishing seasons open at 12:01 a.m. on the first day and close at 11:59 p.m. on the last day.

(2) It is unlawful to:

(a) Use a gaff hook to land game fish.

(b) Take bullfrogs except by angling, hand dip netting, spearing (gigging) or with bow and arrow. A hunting license is required to take bullfrogs.

(c) Feed or use any substance to attract game fish unless specifically authorized by special regulations.

(d) Fish for game fish with a bow and arrow or spear.

(e) Possess fish which are under the minimum size or over the maximum size as shown in general or special regional regulations.

(3) ((Annual)) Seasonal wild steelhead limit - steelhead trout only: Each ((adult)) angler who possesses a valid steelhead catch record card may not retain more than thirty steelhead over twenty inches in length ((per year (May 1 to April 30))) May 1, 1998, through April 30, 1999; May 1, 1999, through March 31, 2000; and thereafter April 1st through the following March 31st.

(4) Military personnel, regardless of the length of time in the state of Washington, who are permanently stationed at a military installation within the state, are entitled to purchase a resident license. Military personnel must have a license to fish for game fish anywhere in the state. Dependents must establish a ninety-day residency.

(5) Selective gear rules: In waters designated as being under selective gear rules, only artificial flies with a barbless single hook or lures with a barbless single hook are lawful. It is unlawful to use bait. Fish may be released until the daily limit is retained. It is unlawful to fish from any floating device equipped with a motor, unless specifically allowed under special rules for individual waters.

(6) Night closure: In waters designated as having a night closure, it is unlawful to fish from one hour after official sunset to one hour before official sunrise.

(7) Wild cutthroat release: In waters requiring a wild cutthroat release, it is unlawful to possess any cutthroat that does not have a missing adipose fin and a healed scar in the location of the missing fin.

(8) Wild steelhead release: In waters requiring wild steelhead release, it is unlawful to possess any steelhead trout that does not have a missing adipose or ventral fin and a healed scar at the location of the missing fin.

(9) Free fishing weekends: The weekends corresponding with National Fishing Week have been declared as family fishing weekends in Washington. On these weekends a fishing license is not required for any person, regardless of residency or age, to fish for or possess game fish, except that it is unlawful to fish for or possess steelhead trout without the required license and catch record card. During free fishing weekends only the licensing requirement is affected, and all other rules remain in effect.

(10) Trout taken with bait: When fishing with bait, all trout equal to or greater than the minimum size are counted as part of the daily limit, whether kept or released, except steelhead trout may be caught and released while using bait until the daily limit is retained.

(11) Fish taken with artificial flies and lures: Where use of bait is prohibited, or where artificial flies or lures are used voluntarily, fish may be released until the daily limit is retained. If any fish has swallowed the hook or is hooked in the gill, eye or tongue, it should be kept if legal to do so.

(12) Burbot taken with set line: Where use of a set line is allowed for burbot, a single set line identified with the fisher's name and address and a maximum of ten hooks may be used.

(13) Rainbow trout taken from landlocked lakes: Rainbow trout taken from landlocked lakes shall not be considered steelhead and no ((steelhead license or)) catch record card is required.

(14) open seasons:

Note: The date set for "traditional" April openers for Lakes, Ponds, and Reservoirs for this year and future years is the last Saturday in April.

((Waters managed under April through October seasons are listed under the exceptions to state-wide rules.))

(15) Daily limits and minimum sizes:

(a) The following game fish species are managed as trout:

Eastern brook trout

Brown trout

Cutthroat trout

Dolly Varden/Bull trout

Golden trout

Kokanee/Silver trout

Lake trout

Landlocked Atlantic salmon

Rainbow trout/Steelhead

Landlocked chinook and coho

(b) Wild steelhead release is required year-round.

(c) All waters, state-wide, are closed year around to fishing for or retaining Dolly Varden/Bull Trout.

Where exceptions to the above closure for Dolly Varden/Bull Trout occur under individual listings in the exceptions to state-wide rules, Dolly Varden/Bull Trout count as part of the combined trout daily limit of five.

(16) Seasonal wild steelhead limits.

(a) It is unlawful for any person to retain more than two wild steelhead from the following watersheds:

(i) Clearwater River - mouth to Snahapish River.

(ii) Hoh River - mainstem, south fork and tributaries thereto.

(b) It is unlawful for any person to retain more than five wild steelhead from all of the following rivers and tributaries thereto:

(i) Bogachiel River.

(ii) Calawah River.

(iii) Dickey River.

(iv) Sol Duc River.

(v) Quillayute River.

(17) Possession limit. Except as otherwise provided, the possession limit is two daily limits in fresh, frozen or processed form.

(18) River mouths. The following river mouth definitions are exceptions to the general river mouth definition:

(19) Nonbuoyant lure and night closure restriction: In the following waters and during the periods shown, it is unlawful to use a nonbuoyant lure that has more than one single hook or has a hook measuring more than 3/4 inch point to shank and a night closure is in effect:

(20) Freshwater fishing hours: It is unlawful to fish during a night closure. A night closure is in effect for all waters during the period of a nonbuoyant lure restriction.

[Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, § 232-12-619, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 75.08.080 and 75.12.040. 97-18-035, § 232-12-619, filed 8/27/97, effective 9/27/97. Statutory Authority: RCW 77.12.040. 97-07-076 (Order 97-50), § 232-12-619, filed 3/19/97, effective 5/1/97; 96-11-079 (Order 96-45), § 232-12-619, filed 5/13/96, effective 6/13/96; 95-17-063 (Order 95-103), § 232-12-619, filed 8/15/95, effective 9/15/95; 95-05-008 (Order 95-11), § 232-12-619, filed 2/1/95, effective 5/1/95. Statutory Authority: RCW 77.04.055 and 77.12.040. 93-21-070 (Order 617), § 232-12-619, filed 10/20/93, effective 4/16/94. Statutory Authority: RCW 77.12.040. 93-10-054 (Order 600), § 232-12-619, filed 4/30/93, effective 5/31/93. Statutory Authority: RCW 77.04.055 and 77.12.040. 92-01-084 (Order 524), § 232-12-619, filed 12/16/91, effective 4/16/92.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 232-12-069 Transport tag fees for black bear and cougar.

WAC 232-12-241 Requirements of license dealers.

OTS-2492.2

NEW SECTION

WAC 232-12-830  Waters in which either a personal use freshwater or personal use saltwater fishing license is valid. In the following described waters, it is lawful to fish for food fish and gamefish with a personal use freshwater license, saltwater license, or combination license:

(1) Those waters of the Columbia River downstream from the Megler-Astoria Bridge.

(2) Those waters of Grays Harbor described as Catch Record Card Area 2-2 in WAC 220-56-185, and seaward of any river mouth as defined in WAC 232-12-001(16) and 232-12-619(18).

(3) Those waters of Willapa Bay described as Catch Record Card Area 2-1 in WAC 220-56-185, and seaward of any river mouth as defined in WAC 232-12-001(16) and 232-12-619(18).

(4) Those waters of Kennedy Creek downstream from the north side of the Highway 101 Bridge to the mouth.

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