WSR 23-11-102

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 23-78—Filed May 19, 2023, 10:58 a.m., effective May 19, 2023, 10:58 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The legislature adopted ESSB 5371 in April of 2023. This bill changes the fees for licensing of commercial whale watching and sea paddle tour businesses, operators, and guides. These fees go into effect for 2023; yet, many businesses, operators, and guides have already purchased 2023 licenses. Most of the remaining businesses, operators, or guides will purchase licenses in the coming months, between now and when the bill goes into effect July 23, 2023. This will create a substantial administrative burden requiring agency staff to process a large volume of reimbursements all at once and requiring avoidable reimbursements for those who purchase licenses between now and July 23, 2023. In sum, this creates a situation that will require more people to pay higher fees and wait for reimbursements, and require the many individuals and small businesses who already purchased licenses to wait longer for their reimbursement, potentially contributing to financial strain.

The purpose of this emergency rule is to proactively adopt the updated commercial whale watching and sea paddle tour fees in ESSB 5371 so that the Washington department of fish and wildlife (WDFW) can begin charging the reduced 2023 fees and begin refunding businesses and individuals and correcting the licenses for those who bought licenses under the outgoing fee structure. In addition, this emergency rule defines how the department will interpret chapter 220-460 WAC in relation to ESSB 5371 and clarifies commercial whale watching and sea paddle tour business, operator, and guide license documentation requirements for calendar year 2023 in recognition of the transition to implement the bill.

Citation of Rules Affected by this Order: New WAC 220-460-170.

Statutory Authority for Adoption: RCW 77.65.620.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Immediate adoption supports the general welfare of affected individuals while reducing the immediate administrative burden and cost that would be borne by continuing to charge outdated fees between the bill signing and effective date. Beginning to use the new fees sooner, and beginning to issue refunds to those who already purchased more expensive licenses, will alleviate administrative and financial burden on affected individuals and small businesses. This emergency action is necessary to protect the public's interest in efficient implementation of state licensing programs.

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 1, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, 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.

Date Adopted: May 19, 2023.

Kelly Susewind

Director