PERMANENT RULES
FISH AND WILDLIFE
Date of Adoption: April 3, 2004.
Purpose: Adopt residency of purchaser rule.
Statutory Authority for Adoption: RCW 77.12.047.
Adopted under notice filed as WSR 04-05-068 on February 17, 2004.
Changes Other than Editing from Proposed to Adopted Version: Delete subsections (1) through (6) and substitute the following:
(1) A purchaser of a resident fishing or hunting license is required to be a resident of the State of Washington, and pursuant to RCW 77.08.010(38), must have maintained a permanent place of abode within the state for at least ninety days immediately preceding application for a license, and must establish by formal proof an intent to continue residing in the state. This also applies to persons whose primary residence is Washington but who maintain a residence elsewhere.
(2) The primary method of establishing that the purchaser has maintained a permanent place of abode within the state for at least ninety days immediately preceding application for a license and establishing by formal evidence an intent to continue residing in the state is possession of a Washington state driver's license issued at least ninety days prior to application for a resident fishing or hunting license. Any licensed driver who does not have a Washington driver's license, issued at least ninety days prior to application for a resident fishing or hunting license, will be presumed to have not maintained a permanent place of abode within the state for a least ninety days immediately preceding application for a license, and will be presumed not to intend to be a Washington resident.
(3) Persons who are not licensed to drive may use a Washington state identification card, issued at least ninety days prior to application for a resident fishing or hunting license, to establish that the person has maintained a permanent place of abode within the state for at least ninety days immediately preceding application for a license and to establish by formal evidence an intent to continue residing in the state.
(4) Persons who are too young to obtain a Washington state driver's license may use a Washington state identification card or a school identification card to establish residency and to establish by formal evidence an intent to continue residing in the state.
(5) Persons who cannot establish having a permanent place of abode within Washington for ninety days preceding license application and cannot establish by formal evidence an intent to continue residing in the state by means of subsection (2), (3), or (4) of this section may submit evidence of residency and intent to continue residing in the state to the department's license office in Olympia, and, upon determination of sufficiency of proof, the licensing office will issue authorization to allow purchase of a resident license. Such evidence shall include, but is not limited to, one or more of the following:
(a) Becoming a registered voter in this state;
(b) Receiving benefits under one of the Washington public assistance programs;
(c) Paying higher education tuition fees at resident rates;
(d) Maintaining an abode within Washington, as shown by utility bills, a lease agreement, a contract or deed to real property, or a county tax assessment; or
(e) Documenting use of a residence address in Washington for federal tax purposes.
(6) Notwithstanding the provisions of subsections (2) and (3) of this section, a member of the armed forces stationed at a military installation in this state (other than on temporary duty), is eligible to purchase a resident fishing or hunting license after presenting a valid military identification card and evidence that the member is stationed within the state, including, but not limited to, official orders or billeting documents.
(7) Notwithstanding the provisions of this section, proof of residency and intent to continue residing within the state are satisfied by presentation of a resident fishing or hunting license issued to the license applicant during the previous licensing year, showing the purchaser's Washington Interactive License Document (WILD) number, and verbal confirmation by the purchaser that all personal information on the previously issued license remains valid. If the applicant requests a change of any of the personal information on the license, proof of intent to continue residing in the state must be presented as provided for in subsection (2), (3) or (5) of this section.
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.
Effective Date of Rule:
Thirty-one days after filing.
April 5, 2004
Susan Yeager
for Will Roehl, Chair
Fish and Wildlife Commission
OTS-6947.6
NEW SECTION
WAC 220-55-061
Residency of purchaser.
(1) A purchaser
of a resident fishing or hunting license is required to be a
resident of the state of Washington, and pursuant to RCW 77.08.010(38), must have maintained a permanent place of abode
within the state for at least ninety days immediately
preceding application for a license, and must establish by
formal proof an intent to continue residing in the state.
This also applies to persons whose primary residence is
Washington but who maintain a residence elsewhere.
(2) The primary method of establishing that the purchaser has maintained a permanent place of abode within the state for at least ninety days immediately preceding application for a license and establishing by formal evidence an intent to continue residing in the state is possession of a Washington state driver's license issued at least ninety days prior to application for a resident fishing or hunting license. Any licensed driver who does not have a Washington driver's license, issued at least ninety days prior to application for a resident fishing or hunting license, will be presumed to have not maintained a permanent place of abode within the state for at least ninety days immediately preceding application for a license, and will be presumed not to intend to be a Washington resident.
(3) Persons who are not licensed to drive may use a Washington state identification card, issued at least ninety days prior to application for a resident fishing or hunting license, to establish that the person has maintained a permanent place of abode within the state for at least ninety days immediately preceding application for a license and to establish by formal evidence an intent to continue residing in the state.
(4) Persons who are too young to obtain a Washington state driver's license may use a Washington state identification card or a school identification card to establish residency and to establish by formal evidence an intent to continue residing in the state.
(5) Persons who cannot establish having a permanent place of abode within Washington for ninety days preceding license application and cannot establish by formal evidence an intent to continue residing in the state by means of subsection (2), (3), or (4) of this section may submit evidence of residency and intent to continue residing in the state to the department's license office in Olympia, and, upon determination of sufficiency of proof, the licensing office will issue authorization to allow purchase of a resident license. Such evidence shall include, but is not limited to, one or more of the following:
(a) Becoming a registered voter in this state;
(b) Receiving benefits under one of the Washington public assistance programs;
(c) Paying higher education tuition fees at resident rates;
(d) Maintaining an abode within Washington, as shown by utility bills, a lease agreement, a contract or deed to real property, or a county tax assessment; or
(e) Documenting use of a residence address in Washington for federal tax purposes.
(6) Notwithstanding the provisions of subsections (2) and (3) of this section, a member of the armed forces stationed at a military installation in this state (other than on temporary duty), is eligible to purchase a resident fishing or hunting license after presenting a valid military identification card and evidence that the member is stationed within the state, including, but not limited to, official orders or billeting documents.
(7) Notwithstanding the provisions of this section, proof of residency and intent to continue residing within the state are satisfied by presentation of a resident fishing or hunting license issued to the license applicant during the previous licensing year, showing the purchaser's Washington Interactive License Document (WILD) number, and verbal confirmation by the purchaser that all personal information on the previously issued license remains valid. If the applicant requests a change of any of the personal information on the license, proof of intent to continue residing in the state must be presented as provided for in subsection (2), (3), or (5) of this section.
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