PERMANENT RULES
FISH AND WILDLIFE
Effective Date of Rule: Thirty-one days after filing.
Purpose: Update the rules regarding issuing licenses by the department, and eliminate those rules that are no longer applicable. Provide clarification of licensing regulations and make the rules consistent with changes made by the legislature earlier this year in SSB 5385.
Citation of Existing Rules Affected by this Order: Repealing WAC 220-55-120, 220-55-132 and 220-55-175; and amending WAC 220-55-040, 220-55-115, 220-55-180, 220-55-200, and 232-12-168.
Statutory Authority for Adoption: RCW 77.08.045, 77.12.170, 77.12.177, 77.32.050, 77.32.240, 77.32.350, 77.32.370, 77.32.430, 77.32.450, 77.32.460, 77.32.470, 77.32.520, 77.32.580, 77.65.020, 77.65.090, 77.65.110, 77.65.150, 77.65.160, 77.65.170, 77.65.190, 77.65.200, 77.65.210, 77.65.220, 77.65.280, 77.65.340, 77.65.390, 77.65.440, 77.65.450, 77.65.480, 77.65.510, 77.70.080, 77.70.190, 77.70.220, 77.70.260, 77.70.490, 77.115.040, and 43.84.092.
Adopted under notice filed as WSR 11-17-139 on August 24, 2011.
Changes Other than Editing from Proposed to Adopted Version: Changes from the Text of the Proposed Rules and Reasons for Difference: WAC 220-55-040 Recreational license, tag, permit, and stamp refunds and exchanges.
| • | Throughout the rule, all references to the licensing division of the department or Olympia were changed to "the Olympia office of the department" for clarity and consistency. |
| • | In subsection (2)(a), the term "clerical error" was undefined and subject to multiple interpretations. Therefore, this term was replaced with "dealer error" to identify the source of the error. |
| • | In subsection (2)(b), language was change[d] from: |
| "A license purchaser can obtain a refund from the
Olympia office of the department at any time during
the licensing year if a document has been issued in
error, and the error was not caused by the
purchaser." |
|
| to: |
|
| "A license purchaser can obtain a refund from the Olympia office of the department at any time during the licensing year if an incorrect document has been issued due to a department, a dealer, or licensing system error, as verified by the department." |
| • | In subsections (2)(e) and (f), the word "verifying" was added to stipulate that the documentation provided would need to confirm that the license purchaser is active duty military personnel, was transferred or otherwise obligated by the military, and was unable to use the license purchased. |
| • | In subsection (2)(e), "by the military" was added to clarify that the obligation would need to be associated with the license purchaser's military service. |
| • | In subsections (2)(e) and (f), the timeframe in which a refund request must be made was changed from "... prior to the opening of the applicable general hunting season." to "... within the license year." This change was due to the fact that the department would have already received verification that the requester was unable to participate in the hunts for which the tag was issued. |
| • | In subsection (3)(a), the verbiage "... or a permit could have been used, regardless of whether the person used the permit." was struck from the last sentence because it was redundant and confusing. |
| • | In subsection (4)(a), specific dates, by which tag holders for each weapon type would be eligible for an exchange, were added to simplify the determination of eligibility and to exclude early muzzleloader and modern firearm hunts in limited geographic areas. |
| • | In subsection (4)(c), "... as verified by the department." was added to identify the party to verify the occurrence and the source of an error. |
| • | In subsection (5), "Except as otherwise provided, ..." was added to clarify eligibility and ensure there is not a discrepancy in criteria. |
| • | In subsection (5)(a), language was change[d] from: |
| "It is unlawful to exchange a big game transport tag
(( |
|
| to: |
|
| "If a special hunt permit application was submitted by the tag holder and that application required a big game transport tag, it is unlawful to exchange the transport tag after the application submission deadline date has passed." |
| • | In subsection (5)(a), "However, if the tag holder's request for a tag exchange was made prior to the application submission deadline date, as verified by the department, an exchange can be made." was added to allow the department, during periods of high volume workloads, to assist tag holders who requested exchanges before the deadlines provided in this rule. |
| • | In subsection (5)(a), the verbiage, "regardless of the submission method" was added to clarify that the exception applied to both tag holders who submitted their special hunt applications with the ghost points option and tag holders for which the drawing system submitted their application for the ghost points option. |
| • | Subsection (5)(b) was changed to subsection (6)(a)
and the language was changed from: |
| "It is unlawful to exchange a big game transport tag
after the opening of the season for the tag is
valid." |
|
| to: |
|
| "Except as otherwise provided, it is unlawful to
possess a big game transport tag that was exchanged
after the opening of the season for which the
original tag was valid." |
|
| • | The verbiage "Except as otherwise provided, ..." was added to clarify tag exchange eligibility and ensure there is not a discrepancy in criteria. The remaining changes were to clarify who was subject to the penalties associated with a violation of RCW 77.15.410. |
| • | In subsection (1)(d), the temporary fishing license was changed from a two-day license to a one, two, or three day license. |
| • | Subsections (2)(d) through (i) were added to reflect all applicable hunting licenses. |
| • | Subsections (3)-(5) were renumbered to accommodate the changes below. The number references below reflect the renumeration. |
| • | Subsection (3) was deleted as these items are no longer issued as separate documents. |
| • | Subsection (4) was altered from "a discover pass" to "an annual discover pass" to distinguish between the annual pass and a one day pass. |
| • | Subsection (5)(b) was deleted as the western Washington pheasant permit is currently a standalone license document that has a two dollar fee. |
| • | Subsection (5)(c) was changed to clarify that the fifty cent fee applied to the harvest cards issued with a hunt authorization rather than to the hunt authorization itself. |
| • | Subsections (5)(e) through (l) were added to reflect all items to which a fifty cent fee is applied. |
| • | The word "recreational" was deleted from the first sentence of the rule due to the fact that the license system is used for both recreational and commercial transactions. |
| • | In subsection (3), "two-day fishing licenses" was changed to "one-day fishing licenses" and "additional access decals" was changed to "special hunt applications." These changes were made to bring the rule into compliance with recent legislation. |
| • | None. |
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 5, Repealed 3.
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 0, Amended 5, Repealed 3.
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: October 19, 2011.
Miranda Wecker, Chair
Fish and Wildlife Commission
OTS-4216.2
AMENDATORY SECTION(Amending Order 06-73, filed 4/11/06,
effective 5/12/06)
WAC 220-55-040
Recreational license, tag, permit, and
stamp refunds and exchanges.
(1) For purposes of this
section:
(a) "Refund" means the return of money received for a
license, stamp, tag, or permit purchase. Refunds may be made
by license dealers or the Olympia office of the department
((licensing office in Olympia)).
(b) "Exchange" means the surrendering of a transport tag (such as archery deer or Eastern Washington elk archery) and the reissuing of a different transport tag (such as muzzleloader deer or Western Washington muzzleloader elk).
(2) Refunds will be made for the following:
(a) A license purchaser can obtain a refund from a
license dealer for sixty minutes after the purchase of the
license if a ((clerical)) dealer error is made or the dealer
issues the wrong license. License dealers can correct
((clerical)) dealer errors after sixty minutes, but may not
refund license purchases.
(b) A license purchaser can obtain a refund from the
Olympia office of the department at any time during the
licensing year if ((a)) an incorrect document has been issued
((in)) due to a department, a dealer, or licensing system
error, ((and the error was not caused by the purchaser)) as
verified by the department.
(c) A license purchaser can obtain a refund from the Olympia office of the department if the purchase of a second license was made on behalf of the licensee by someone other than the licensee.
(d) A license purchaser can obtain a refund from the Olympia office of the department if the licensee qualifies for a reduced fee license, but the refund amount will be the difference between the license purchased and the reduced fee license.
(e) A license purchaser who is active duty military and
is transferred or otherwise obligated by the military and
unable to use a license can obtain a refund from the Olympia
office of the department after providing verifying
documentation, provided that the request for refund is made
((prior to the opening of the applicable general hunting
season)) within the license year.
(f) A license purchaser who is hospitalized or severely
injured and provides a physician's statement that the person
was incapable of participating in hunting can obtain a refund
from the Olympia office of the department after providing
verifying documentation, provided that the request for refund
is made ((prior to the opening of the applicable general
hunting season)) within the license year.
(g) The personal representative of a deceased license purchaser, who dies prior to the opening of the applicable general hunting season, can obtain a refund from Olympia after providing documentation of the death of the purchaser.
(3) Except as otherwise provided, refunds will not be made for the following:
(a) The department will not refund any recreational
license or permit 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 ((or a permit could have been used, regardless of
whether the person used the permit)).
(b) The department will not refund purchases of raffle
tickets((,)) or special hunt permit applications ((or
collector bird stamps)).
(4) Transport tag exchanges will be allowed for the following:
(a) The season for which the tag was issued has not opened, and the hunter wishes to exchange the tag for a different area or a different weapon type. In these instances archery tag holders must request a tag exchange before September 1st, muzzleloader tag holders must request a tag exchange before September 20th, and modern firearm tag holders must request a tag exchange before October 10th, as verified by the department.
(b) The hunter has killed an animal that is unfit for human consumption and the department has authorized issuance of an exchange tag.
(c) The tag was issued in error((,)) and the error was
not caused by the person applying for the tag, as verified by
the department.
(5) Except as otherwise provided, transport tag exchanges will not be allowed for the following:
(((a) It is unlawful to exchange a big game transport tag
during or after a drawing for a special hunting season permit
has occurred, if the drawing requires the hunter to have the
big game transport tag.
(b))) If a special hunt permit application was submitted by the tag holder and that application required a big game transport tag, it is unlawful to exchange the transport tag after the application submission deadline date has passed. However, if the tag holder's request for a tag exchange was made prior to the application submission deadline date, as verified by the department, an exchange can be made. Special permit applications for ghost hunts, regardless of the submission method, are not applicable to this subsection.
(6)(a) Except as otherwise provided, it is unlawful to
((exchange)) possess a big game transport tag that was
exchanged after the opening of the season for which the
original tag ((is)) was valid.
(((c))) (b) Violation of this subsection is punishable
under RCW 77.15.410 Unlawful hunting of big game.
[Statutory Authority: RCW 77.12.047. 06-09-024 (Order 06-73), § 220-55-040, filed 4/11/06, effective 5/12/06. Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), § 220-55-040, filed 1/13/99, effective 2/13/99. 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.]
OTS-4217.2
AMENDATORY SECTION(Amending Order 10-94, filed 4/30/10,
effective 5/31/10)
WAC 220-55-115
Recreational license dealer's fees.
The
department and 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)) one-, two-, or three-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))) (d) A hunter education deferral for a big game license.
(e) A hunter education deferral for a small game license.
(f) A second animal license.
(g) A special hunt license for mountain goat, bighorn sheep, or moose.
(h) A Western Washington pheasant license.
(i) A three-day Western Washington pheasant license.
(3) 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)) access pass is
issued with any recreational license, the license issuance fee
for the document is two dollars.
(((5))) (4) Two dollars for the issuance of an annual
discover pass.
(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.
(((e) A)) (c) Migratory bird ((hunting authorization
(including)) harvest report ((card))) cards issued with a hunt
authorization.
(((f))) (d) A replacement of substitute special hunting
season permit.
(e) A migratory bird permit.
(f) Additional fishing catch record cards.
(g) A Puget Sound crab endorsement.
(h) A temporary Puget Sound crab endorsement.
(i) A two-pole endorsement.
(j) A Columbia River salmon/steelhead endorsement.
(k) A one-day discover pass.
(l) Raffle tickets.
[Statutory Authority: RCW 77.12.047, 77.12.020, 77.12.570, 77.12.210, 77.12.150, 77.12.240, 77.32.070, 77.32.530. 10-10-061 (Order 10-94), § 220-55-115, filed 4/30/10, effective 5/31/10. Statutory Authority: RCW 77.12.047, 77.12.040, 77.12.020, 77.12.570, 77.12.210. 09-15-122, § 220-55-115, filed 7/17/09, effective 8/17/09. Statutory Authority: RCW 77.12.047. 04-17-097 (Order 04-216), § 220-55-115, filed 8/17/04, effective 9/17/04; 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.]
OTS-4221.1
REPEALER
The following sections of the Washington Administrative Code are repealed:
| WAC 220-55-120 | Recreational licenses, stamps and tags -- Inventory return. |
| WAC 220-55-132 | Migratory bird validations and stamps. |
| WAC 220-55-175 | Special license application for permanent annual combination licenses. |
OTS-4218.2
AMENDATORY SECTION(Amending Order 05-273, filed 12/9/05,
effective 1/9/06)
WAC 220-55-180
Point-of-sale transaction fee.
The
point-of-sale transaction fee shall be used to operate an
automated ((recreational)) licensing system. This fee shall
be applied to all automated licensing system purchases of
recreational and commercial documents. The transaction fee
shall be ten percent of the value of the document transaction,
excluding any applicable dealer fees ((except through June 30,
2007, the transaction fee shall be nine and one-half percent
of the value of the document transaction, excluding any
applicable dealer fee)).
[Statutory Authority: RCW 77.12.047. 06-01-012 (Order 05-273), § 220-55-180, filed 12/9/05, effective 1/9/06. Statutory Authority: RCW 77.12.047 and 2003 c 389. 04-01-095 (Order 03-311), § 220-55-180, filed 12/16/03, effective 1/16/04. Statutory Authority: RCW 77.32.050. 00-11-176 (Order 00-81), § 220-55-180, filed 5/24/00, effective 6/24/00. Statutory Authority: RCW 77.12.040 and 77.32.050. 00-02-049 (Order 99-234), § 220-55-180, filed 12/30/99, effective 1/30/00.]
OTS-4219.2
AMENDATORY SECTION(Amending Order 02-153, filed 7/11/02,
effective 8/11/02)
WAC 220-55-200
Duplicate license fees.
(1) The cost of
a duplicate license document is seven dollars, plus the
automated licensing system processing fee and dealer fee,
unless the cost of all licenses on the original license
document was less than seven dollars, then the license
document cost is the same as the original cost, plus the
automated licensing system processing fee and dealer fee. The
duplicate license document shall contain all licenses
purchased at the time the original license document was
issued, including a migratory waterfowl ((validation)) permit
if such ((validation)) permit was purchased, but shall not
include any game tags issued with the original license.
(2) The cost of a duplicate game tag is seven dollars per game tag, plus the automated licensing system processing fee and the dealer fee.
(3) The department will not issue duplicate ((two))
one-day fishing licenses issued as a charter stamp,
((duplicate collector migratory waterfowl stamps,)) duplicate
((additional access decals)) special hunt applications, or
duplicate game raffle tickets.
[Statutory Authority: RCW 77.12.047, 2002 c 222. 02-15-038 (Order 02-153), § 220-55-200, filed 7/11/02, effective 8/11/02.]
OTS-4220.1
AMENDATORY SECTION(Amending Order 09-27, filed 2/25/09,
effective 5/1/09)
WAC 232-12-168
Fishing contests.
(1) Contest defined:
By definition, a fishing contest exists when 6 or more
licensed persons fish competitively and determine winners,
regardless of prize value.
(2) Application:
(a) Fishing contest permit applications should be submitted to the department by July 1 of each year for contests that are to take place the following calendar year. After July 1, applications must be submitted not less than 30 days prior to the date for which the contest is proposed.
(b) Applications must include the permit fee required by
RCW 77.65.480. The fee will be returned if the permit is
denied. No more than seven permits will be issued to any one
permittee during a calendar year. ((The fee is $24 per
permit.))
(c) For purposes of application for a fishing contest permit, "permittee" means a "person" as defined in RCW 77.08.010. All applications from a permittee must be in a single name.
(3) Approval:
(a) Fishing contests which adversely affect fish or wildlife resources or other recreational opportunity may be denied.
(b) Contests will not be allowed on sea-run cutthroat trout, wild steelhead, Dolly Varden or bull trout.
(c) During fishing contests, where anglers target tiger muskies, no retention of caught fish is allowed. Tiger muskies may be caught, measured for length, photographed and all fish must be immediately released alive.
(4) Prize value: Total prize value per contest will not exceed $5,000 when trout, steelhead, char, whitefish, grayling, tiger muskie, or kokanee are included as target species; provided that contests wherein other species not listed above are targeted, or where bass or walleye are the targeted species and at least 90 percent of bass or walleye are released alive and in good condition after the contest, may qualify for no limitation on amount of prize.
(5) Legal requirements, all contests:
(a) Fishing contest permits must be in the possession of the contest sponsor or official at the contest site.
(b) Contests are restricted to the species and waters approved on the permit. Only those species listed as a target of the contest may be retained by contest participants during bass or walleye contests where all contestants fish at the same time and place.
(c) Sponsors must report contest information requested by the department within 30 days after the contest has ended. Subsequent contest permits will not be issued for one year after the date of the contest for which the report was not returned if this requirement is not fulfilled.
(d) Contest participants may not restrict public access at boat launches.
(e) Contests for bass and walleye where participants expect to fish at the same time from boats on lakes or reservoirs will not last longer than four consecutive days and have the following limits per water:
| ACRES | CONTESTS PER DAY |
BOATS PER CONTEST DAY |
||
| Less than 300 | 1 | 15 | ||
| 301 - 3,000 | 1 | 35 | ||
| 3,001 - 6,000 | 2 | 75 | ||
| 6,001 - 10,000 | 2 | 120 | ||
| More than 10,000 | 3 | 250 | ||
| * | No more than four weekend days per month nor more than two weekends per month may be scheduled on any water when contestants fish at the same time, and are allowed to fish from boats. | |||
(6) Special regulations, bass and walleye contests:
(a) In any contest targeting either bass or walleye, all live bass or walleye must be released alive into the water from which they were caught after being weighed and/or measured. At the end of each day's competition, if the mortality of target fish caught that day exceeds 10%, the contest will be suspended. Suspended contests may be continued (within assigned permit dates) only if the cause of the high mortality can be positively identified, and the cause of the mortality (high waves, equipment deficiency, etc.) ceases or is corrected by contest officials.
(b) During bass and walleye contests only, participants may continue to fish while holding up to five fish in possession, as long as one fish is released immediately upon catching a fish which would make the angler in excess of five fish if kept. The fish released may come either from the one just caught, or from the livewell, but at no time may the angler have more than five fish in the livewell.
(c) During bass contests, contestants may not use live bait.
(d) During bass and walleye contests participants may retain up to five bass and walleye of any size to be weighed in. A tournament angler may not be in possession of more than five bass or walleye from the water being fished, except as authorized under (6)(e) below.
(e) The contest director or director designee may exceed possession limits for bass or walleye for the purpose of transporting fish from a weigh-in site to an open-water area. During transportation, the transport boat must not leave the water the fish were caught from and a copy of the contest permit must be on board during actual fish transport.
(f) Boat identification: All boats used for fishing in bass and walleye contests must be clearly identified according to criteria established by the department.
(7) Aquatic invasive species decontamination. Prior to launching into any Washington state body of water:
(a) All contest participants are required to sign an aquatic invasive species decontamination statement that their boats and/or boat trailers have or have not been in physical contact with any waters outside of Washington state for thirty days immediately preceding the contest and, if the boat and/or trailer has been in contact with such waters, the participant must complete an aquatic invasive species decontamination report indicating that the following actions have been taken:
(i) A physical inspection has been made of the hull, motor, trailer, livewell and bilge by the contest director or designee, according to criteria established by the department; and
(ii) Any aquatic invasive species, if found, have been disposed of in a garbage container; and
(iii) The hull, motor, trailer, livewell, and bilge have been decontaminated according to criteria established by the department.
(b) The aquatic invasive species decontamination statement and decontamination report shall be submitted to the department as part of the fishing contest report.
[Statutory Authority: RCW 77.12.047. 09-06-042 (Order 09-27), § 232-12-168, filed 2/25/09, effective 5/1/09; 08-07-003, § 232-12-168, filed 3/5/08, effective 4/5/08; 06-05-085 (Order 06-23), § 232-12-168, filed 2/14/06, effective 5/1/06; 04-07-009 (Order 04-39), § 232-12-168, filed 3/4/04, effective 5/1/04; 02-08-048 (Order 02-53), § 232-12-168, filed 3/29/02, effective 5/1/02. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), § 232-12-168, filed 3/29/00, effective 5/1/00. Statutory Authority: RCW 77.12.020 and 77.12.040. 96-15-096 (Order 96-80), § 232-12-168, filed 7/19/96, effective 8/19/96. Statutory Authority: RCW 77.12.040. 96-11-079, § 232-12-168, filed 5/13/96, effective 7/1/96; 94-06-014 (Order 629), § 232-12-168, filed 2/18/94, effective 3/21/94; 92-22-015 (Order 577), § 232-12-168, filed 10/21/92, effective 11/21/92. Statutory Authority: RCW 77.12.040 and 77.04.055. 90-22-057 (Order 464), § 232-12-168, filed 11/5/90, effective 12/6/90. Statutory Authority: RCW 77.12.040 and 77.16.010. 86-21-017 (Order 280), § 232-12-168, filed 10/6/86.]