WSR 15-20-074 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed October 2, 2015, 2:14 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-14-089 on June 29, 2015.
Title of Rule and Other Identifying Information: The department proposes a new section in chapter 220-20 WAC to establish a combined guide license as required under section 7 of SB [SSB] 5824 (SL 2015 c 97 s 7).
Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on November 13-14, 2015, at 8:30 a.m.
Date of Intended Adoption: On or after November 14, 2015.
Submit Written Comments to: Joanna Eide, Washington Department of Fish and Wildlife (WDFW), Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Rules.Coordinator@dfw.wa.gov, fax (360) 902-2155, by November 4, 2015.
Assistance for Persons with Disabilities: Contact Tami Lininger by November 4, 2015, TTY (800) 833-6388 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: A combined food fish and game fish guide license at a reduced rate is proposed at the request of the industry and as required by the legislature under SB [SSB] 5824. A new combined guide license will expedite and simplify the issuance of guide license to individuals who hold both a food fish and game fish guide license.
Reasons Supporting Proposal: SB [SSB] 5824 was passed during the 2015 legislative session creating a new section in chapter 77.65 RCW directing the department to establish, by rule, a fish guide combination license to allow holders to offer or perform the services of a food fish and a game fish guide. The department must engage in rule making to adhere to state law and create the combined license, as well as establish the fee for the combined license. SB [SSB] 5824 (2015 c 97) became effective on July 24, 2015.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: There is a minimal fiscal impact to the department of approximately $9,000 each fiscal year.
Name of Proponent: WDFW, governmental.
Name of Agency Personnel Responsible for Drafting: Joanna Eide, 1111 Washington Street S.E., Olympia, WA 98501, (360) 902-2403; Implementation: Frank Hawley, 1111 Washington Street S.E., Olympia, WA 98501, (360) 902-2453; and Enforcement: Steve Crown, 1111 Washington Street S.E., Olympia, WA 98501, (360) 902-2373.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
1. Description of the Reporting, Recordkeeping, and Other Compliance Requirements of the Proposed Rule: SB [SSB] 5824 was passed during the 2015 legislative session creating a new section in chapter 77.65 RCW that directs the department to establish, by rule, a fish guide combination license to allow holders to offer or perform the services of a food fish and a game fish guide. The department must engage in rule making to adhere to state law and create the combined license, as well as establish the fee for the combined license. SB [SSB] 5824 (SL 2015 c 97) became effective on July 24, 2015.
The proposed rule establishes a combined fish guide license that allows the holders to offer or perform the services of a food and a game fish guide. The fee for a resident combined fishing guide license is proposed at $435 for residents and proposed at $1,435 for nonresidents. A combined guide license is exempt from an application fee.
There are no new reporting and recordkeeping requirements for the license holder under this rule making. Applicants for a combination food fish and game fish guide license will still need to complete preexisting requirements established in statute for obtaining a food fish guide license or a game fish guide license.
2. Kinds of Professional Services that a Small Business is Likely to Need in Order to Comply with Such Requirements: There are no new anticipated professional services required to obtain a combined guide license. Applicants for a combination food fish and game fish guide license will still need to complete preexisting requirements established in statute for obtaining a food fish guide license or a game fish guide license.
3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: None. No new requirements are established in this proposal.
4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No. This rule change will positively impact those individuals who obtain both a food fish guide license and a game fish guide license in that they will be able to obtain a combination license allowing them to perform the services of both at a reduced rate.
5. Cost of Compliance for Small Businesses Compared with the Cost of Compliance for the Ten Percent of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:
1. Cost per employee;
2. Cost per hour of labor; or
3. Cost per one hundred dollars of sales.
None - the proposed rules do not require any additional equipment, supplies, labor, or administrative costs. Costs may be incurred by businesses to meet the qualifications required to be eligible for a license, however, those costs are not determined or impacted by these rules and are already required by state law as explained above.
6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses, or Reasonable Justification for Not Doing So: Most businesses affected by this rule are small individual business owners. As indicated above, the license application requirements proposed by the rule are identical to license application requirements WDFW and RCW have required for an individual food or game fish guide license. Therefore, this rule will not impose new costs on small businesses. In fact, the rule will reduce costs for those individuals who currently purchase both a food fish guide license and a game fish guide license.
The proposed rule will reduce the amount individuals wishing to be licensed as both a food fish and game fish guide pay by $35. Individuals making separate purchases of a game or a food fish guide license would pay $470. Individuals making purchases are charged $70 for each guide application process.
7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Industry requested and participated in passing SB [SSB] 5824, and proposed the establishment of a combined guide license. WDFW will also share the rule language and proposed (largely unchanged) process for applications for the combine [combined] guide licenses with affected businesses and receive input from those individuals as part of this rule making. Affected businesses will also have an opportunity to provide public comment during the public hearing on the rule proposal.
8. A List of Industries That Will Be Required to Comply with the Rule: This rule proposes creating a combination guide license which is an optional purchase for those individuals wishing to perform the services of both a food fish guide and a game fish guide. There are no new requirements for current license holders, nor are there new requirements imposed for new applicants under this proposed rule.
9. An Estimate of the Number of Jobs That Will Be Created or Lost as a Result of Compliance with the Proposed Rule: This rule will not have an impact on the individuals who currently possess a food fish guide or game fish guide license. The proposed new combination license is provided as an option to those wishing to perform the services of both a food fish or game fish guide. The rules will not have an impact on job creation or job loss.
A copy of the statement may be obtained by contacting Frank Hawley, WDFW, Licensing Division, 600 Capitol Way North, Olympia, WA 98501, phone (360) 902-2453, fax (360) 902-2466, e-mail frank.hawley@dfw.wa.gov.
A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics rules.
October 2, 2015
Joanna M. Eide
Rules Coordinator
NEW SECTION
WAC 220-20-135 Combined fish guide license.
A combined fish guide license allows the holder to offer or perform the services of a food fish guide and a game fish guide. The fee for a resident combined fish guide license is $435 and the fee for a nonresident combined fish guide license is $1,435. A combined fish guide license is exempt from an application fee.
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