WSR 16-17-053 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed August 11, 2016, 3:36 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-10-099.
Title of Rule and Other Identifying Information: Create a new rule to clarify the requirements in using charter stamps for fishing guides and charter-boat operators and the penalties for not adhering to these requirements.
Hearing Location(s): Natural Resource[s] Building, 1111 Washington Street S.E., Olympia, WA 98501, on November 4-5, 2016, at 8:00 a.m. - 5:00 p.m.
Date of Intended Adoption: December 11, 2016.
Submit Written Comments to: Scott Bird, 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 2, 2016.
Assistance for Persons with Disabilities: Contact Delores Noyes by November 3, 2016, TTY (360) 902-2155 or (360) 902-2349.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department needs to clarify for fishing guides and charter-boat operators their obligations in the use of charter stamps. Specifically, the department needs to provide a clear process for fishing guides and charter-boat operators to follow when they validate charter stamps for clients before fishing commences as well as the penalties for not properly doing so.
Reasons Supporting Proposal: In the past, some members in the fishing guide and charter-boat operator industry have reused charter stamps rather than issue new charter stamps to clients as required under RCW 77.32.430. This practice is illegal. As a result, the department needs to provide a clear process for the validation of charter stamps and to ensure that any violations of validating charter stamps are appropriately penalized.
Statutory Authority for Adoption: RCW 77.12.047 [77.04.012], 77.04.020, 77.05.055 [77.04.055], 77.12.047, 77.12.150, 77.12.240, and 77.12.800.
Statute Being Implemented: RCW 77.04.012, 77.04.020, 77.04.055, 77.12.047, 77.12.150, 77.12.240, and 77.12.800.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WDFW, governmental.
Name of Agency Personnel Responsible for Drafting and Enforcement: Mike Cenci, 1111 Washington Street, Olympia, WA 98501, (360) 902-2329; and Implementation: Scott Bird, 1111 Washington Street, Olympia, WA 98501, (360) 902-2403.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule proposal only clarifies an existing legal obligation.
A cost-benefit analysis is not required under RCW 34.05.328. This rule proposal does not affect hydraulics.
August 8, 2016
Scott Bird
Rules Coordinator
NEW SECTION
WAC 220-69-23801 Charter stamps—Charter boat and guide operator issuance duties.
It is unlawful for a charter boat or guide operator to fail to comply with the charter stamp validation requirements as provided for in this section.
(1) Before any fishing commences, the charter boat or guide operator shall write the validation date across every charter stamp issued to a client in ink. The validation date is the first day on which a client may fish for, harvest or possess fish, shellfish, or seaweed.
(2)(a) Each failure to validate a charter boat stamp is punishable as an infraction under RCW 77.15.160, so long as the charter boat or guide operator has not committed prior infractions under this subsection in the same calendar year involving a cumulative stamp value of more than one hundred fifty dollars.
(b) Each failure to validate a charter boat stamp is punishable as a gross misdemeanor under RCW 77.15.813 when the charter boat or guide operator has previously committed infractions under (a) of this subsection in the same calendar year involving a cumulative value of more than one hundred fifty dollars.
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