WSR 00-06-084

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 1, 2000, 11:27 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-02-083.

Title of Rule: Automated recreational licenses.

Purpose: The implementation of an automated licensing system.

Statutory Authority for Adoption: RCW 77.12.040, 77.32.050.

Statute Being Implemented: RCW 77.32.050.

Summary: Amends rules for issuance of licenses to provide for automated license system, and providing for the phasing out of the current hand processed licenses.

Reasons Supporting Proposal: The automated licensing system will provide faster issuance of recreational licenses, will reduce the dealer workload, will provide better tracking or license sales by type, will prevent unauthorized issuance of licenses, and will allow better accounting of sales and receipt of license revenue.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: James Lux, 1111 Washington Street, Olympia, 902-2444; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.

Name of Proponent: Washington State Department of Fish and Wildlife, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Provides for a more accurate licensing system and a more rapid return to the state for revenue collected.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The department is preparing to implement a new automated licensing system that will be simpler and more convenient to our customers. Current administrative rules were not designed for an automated system. Therefore a number of changes are proposed to meet this need. The new automated licensing system will be operated on a trial basis at WDFW regional offices and certain selected dealerships in July or August of 2000. Therefore, it is timely and appropriate that these rule changes are made at this time. This proposed new rule clarifies the licensing requirements for hunting migratory birds and for using the new automated licensing system of the department. Provides for attaching a validation sticker to catch record cards issued through an automated license vendor. Modifies the rule to require all money collected from dealers using automated licensing equipment to be received weekly by the department through electronic fund transfers (EFT) rather than monthly.

Proposal Changes the Following Existing Rules: 1. Changes the time license dealers are allowed to remit payments to the Department of Fish and Wildlife from monthly to weekly.

2. Provides for the use of a validation sticker for migratory bird hunters rather than the traditional stamp when using the automated license system.

3. Provides for the placement of computer generated license validation stickers upon licenses and catch record cards to identify the licensee rather than relying upon hand entry by the license dealer.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Measures Required by the Proposed Rule: No new records or reporting requirements are necessary.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: No professional services are required.

3. Costs of Compliance for Business, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: License dealers will be required to deposit license sales into an account approved by the Public Deposit Protection Commission (PDPC) for electronic transference to the state treasury. If license dealership already banks with a PDPC bank, they have the option of allowing an electronic "sweep" of that account. Otherwise, based on a survey of three banks (Bank of America, Washington Mutual Bank, and First Community Bank) the cost of a separate business account is $8.00 per month.

4. Will Compliance with the Rule Cause Business to Lose Sales or Revenue? No.

5. Cost of Compliance for the 10% 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: a. Cost per employee; b. Cost per hour of labor; or c. Cost per one hundred dollars of sales. There are no costs associate with items A, B, or C for complying with proposed rules.

6. Steps Taken by Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: Deposit of state monies from the sale of recreational licenses into an account held by a PDPC approved bank is a Office of the State Treasurer requirement. In this case, we are not able to minimize the cost.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: Majority of proposed rules have been reviewed by members of the Dealer Advisory Action Team. Two public meetings are scheduled; all license dealers have been mailed notice of the meetings. Notification of the proposed rule changes will be made in the Fish and Wildlife Commission published agenda.

8. A List of Industries That Will Be Required to Comply with this Rule: WDFW recreational license dealerships.

A copy of the statement may be obtained by writing to Evan Jacoby, 600 Capitol Way North, Olympia, WA 98504-1091, phone (360) 902-2930, fax (360) 902-2944.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Yakima Convention Center, 10 North 8th Street, Yakima, WA, on April 7-8, 2000, at 12:00 noon.

Assistance for Persons with Disabilities: Contact Debbie Nelson by March 31, 2000, TDD (360) 902-2295, or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98504-1091, fax (360) 902-2944, by April 6, 2000.

Date of Intended Adoption: April 7, 2000.

March 1, 2000

Evan Jacoby

Rules Coordinator


AMENDATORY SECTION(Amending Order 99-02, filed 1/13/99, effective 2/13/99)

WAC 220-55-005
Recreational license.

A recreational license is a license document or a valid internet or telephone authorization number issued by the department ((and in the case of a shellfish-seaweed license consists of the license and shellfish validation tag)). The license document is invalid unless the personal identification information on the license has been completed and the licensee has signed the license except that a temporary fishing license is issued either as a license document requiring personal identification information or as a stamp, which is invalid unless the two-consecutive days for which it is valid are entered, in permanent ink, on the stamp.

[Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), 220-55-005, filed 1/13/99, effective 2/13/99. Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), 220-55-005, filed 2/9/96, effective 3/11/96; 94-01-001, 220-55-005, filed 12/1/93, effective 1/1/94.]


AMENDATORY SECTION(Amending Order 99-99-02 [99-02], filed 1/13/99, effective 2/13/99)

WAC 220-55-010
Recreational shellfish and seaweed ((validation tag)) license.

The recreational ((personal use shellfish and seaweed validation tag)) license shall be provided with an opening for attachment or display on outer clothing. The ((validation)) license must be displayed on outer clothing while harvesting or transporting shellfish and seaweed in the field.

[Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), 220-55-010, filed 1/13/99, effective 2/13/99. Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), 220-55-010, filed 2/9/96, effective 3/11/96; 94-01-001, 220-55-010, filed 12/1/93, effective 1/1/94; 93-08-034 (Order 93-20), 220-55-010, filed 3/31/93, effective 5/1/93; 89-07-071 (Order 89-05), 220-55-010, filed 3/20/89; 79-09-021 (Order 79-58), 220-55-010, filed 8/10/79.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending Order 99-99-02 [99-02], filed 1/13/99, effective 2/13/99)

WAC 220-55-015
Valid recreational license required.

(((1))) It is unlawful for any person required to have a recreational license to take or possess fish, shellfish, seaweed, or wildlife for personal use without having in possession a valid license, or a valid internet or telephone authorization number.

[Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), 220-55-015, filed 1/13/99, effective 2/13/99. Statutory Authority: RCW 75.08.080. 94-23-059 (Order 94-162), 220-55-015, filed 11/14/94, effective 12/15/94; 94-01-001, 220-55-015, filed 12/1/93, effective 1/1/94; 89-07-071 (Order 89-05), 220-55-015, filed 3/20/89; 79-09-021 (Order 79-58), 220-55-015, filed 8/10/79.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 99-99-02 [99-02], filed 1/13/99, effective 2/13/99)

WAC 220-55-070
Valid catch record card.

A catch record card ((required while fishing for halibut in Catch Record Card Areas 5 through 13, sturgeon in Grays Harbor, Willapa Bay or the Columbia River and tributaries to these three systems, or anadromous salmon anywhere in the state (see WAC 220-56-175))) shall be invalid unless:

(1) The angler possesses the appropriate recreational license for the area in which the angler is participating, if a license is required.

(2) The catch record card number is written in ink in the appropriate space on the back of the recreational license, if a license is required, and the personal information has been entered on the catch record card as required under WAC 220-56-175, or, if an automated license is issued, the catch record card has attached to it a validation sticker containing the name and license number.

(3) The license issuance date is legible and not altered, and the license has not been mutilated.

[Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), 220-55-070, filed 1/13/99, effective 2/13/99. Statutory Authority: RCW 75.08.080. 94-01-001, 220-55-070, filed 12/1/93, effective 1/1/94; 91-08-054 (Order 91-13), 220-55-070, filed 4/2/91, effective 5/3/91; 89-07-071 (Order 89-05), 220-55-070, filed 3/20/89; 88-05-002 (Order 88-03), 220-55-070, filed 2/4/88; 80-03-064 (Order 80-12), 220-55-070, filed 2/27/80, effective 4/1/80. Formerly WAC 220-105-010.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 99-02, filed 1/13/99, effective 2/13/99)

WAC 220-55-105
Requirements of recreational license dealers.

(1) The director ((or his/her designee)) may ((deputize)) contract with persons, firms or corporations as license dealers in such numbers as deemed necessary for the purpose of issuing licenses, permits, tags, stamps and ((punch)) catch record cards.

(2) License dealers must ((sell a minimum of two hundred fifty licenses per year,)) have a permanent place of business with regular business hours, and have a type of business that supports hunting and fishing activities. Exceptions to this rule may be granted by the director ((or his/her designee upon written appeal)).

(3) An Internet or Interactive Voice Response (IVR) telephone firm or corporation may be designated by the director as a license dealer. Internet or IVR dealers are not required to have a type of business that supports hunting and fishing activities.

(((3))) (4) All moneys collected from the sale of hand processed licenses, stamps, and other department property must be received in the department by the 10th day of the following month in which they were sold. High volume license dealers or dealers with a history of late payments may be required to remit moneys on a more frequent basis.

(5) All moneys collected from the sale of automated licenses, and other automated department property must be deposited into an electronic funds transfer account (EFT) of a type approved by the State Treasurer's Office where they shall be collected on a weekly basis on a schedule set by the department and the State Treasurer's Office.

(((4))) (6) All records held pursuant to the statutes and regulations dealing with license dealers must be open to inspection by a fish and wildlife officer or department designee at reasonable times.

(((5))) (7) License dealers who remit payments for hand processed licenses and other documents after the 10th of the month on more than two occasions in one year will be required to obtain a bond equal to the value of their license stock or make electronic fund transfer payment arrangements. "One year" is defined as beginning on the first month in which the license dealer is late making a payment due by the 10th of that month. A dealer who is late a third time, or sporadically thereafter, may lose their license dealership. No license dealer may receive additional license inventory if they are in arrears on license payments.

(8) For licenses sold via an automated system, license dealers must have sufficient funds in their EFT account to cover all licenses and other department property sold during the previous business week (12:01 a.m. Sunday until 11:59 p.m. Saturday) when funds are collected electronically per the announces schedule. If the amount due has not been paid on the date of the next scheduled collection from the account, the automated license terminal will be disabled and authorization to sell licenses will be withheld until all balances due have been paid. If there are insufficient funds in the account on more than three occasions in one license year, the dealer may lose their license dealership. "One license year" is defined as beginning on April 1 and ending on March 31 of the following year.

(9) License dealers using an automated licensing system are required to maintain and deposit license revenue into accounts established in banks designated as public depositories by the Public Deposit Protection Commission.

[Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), 220-55-105, filed 1/13/99, effective 2/13/99. Statutory Authority: RCW 75.08.080. 94-01-001, 220-55-105, filed 12/1/93, effective 1/1/94; 89-07-071 (Order 89-05), 220-55-105, filed 3/20/89; 88-05-002 (Order 88-03), 220-55-105, filed 2/4/88; 80-03-064 (Order 80-12), 220-55-105, filed 2/27/80, effective 4/1/80. Formerly WAC 220-105-045.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 99-02, filed 1/13/99, effective 2/13/99)

WAC 220-55-110
Temporary ((fishing)) fish-shellfish-seaweed license and temporary hunting license ((and catch record card)) -- License dealer issuance duties.

(((1))) A recreational license dealer must, at the time of sale of a ((temporary)) two-consecutive-day combination fishing or three-consecutive-day small game license, write the validation date in ink on the license document, or for automated licenses, attach the validation sticker containing the validation date(s) onto the license document. The validation date is the first day on which a licensee may fish for, harvest or possess fish, shellfish, seaweed, or wildlife.

(((2) A recreational license dealer must, at the time of distribution of a catch record card, record in ink the number of the catch record card in the appropriate space on the personal use food fish license, if a personal use food fish license is required for the fisher.))

[Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), 220-55-110, filed 1/13/99, effective 2/13/99. Statutory Authority: RCW 75.08.080. 96-05-004 (Order 96-13), 220-55-110, filed 2/9/96, effective 3/11/96; 94-01-001, 220-55-110, filed 12/1/93, effective 1/1/94; 89-07-071 (Order 89-05), 220-55-110, filed 3/20/89; 88-05-002 (Order 88-03), 220-55-110, filed 2/4/88; 80-03-064 (Order 80-12), 220-55-110, filed 2/27/80, effective 4/1/80. Formerly WAC 220-105-046.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 99-129, filed 8/17/99, effective 9/17/99)

WAC 220-55-115
Recreational license dealer's fees.

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 temporary fishing license ((when issued in the form of a standard recreational fishing license document)).

(e) A family fishing weekend license.

(((f) A personal use shellfish and seaweed license when issued in the form of a standard recreational fishing license document.

(g) Notwithstanding the provisions of this subsection, if any two or more licenses are issued on the same standard recreational fishing license document, the license issuance fee for the document is two dollars.))

(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.

(((d) Notwithstanding the provisions of this subsection, if any two or more licenses are issued on the same standard recreational hunting license document, the license issuance fee for the document is two dollars.))

(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. ((Notwithstanding the provisions of this subsection, if the fish and wildlife lands vehicle use permit is issued with any other license issued in the form of a standard recreational hunting or fishing license document, the license issuance fee for the document is two dollars.))

(4) One dollar for the issuance of ((any of the following shellfish and seaweed licenses or tags:

(a))) A personal use shellfish and seaweed license ((when issued in the form of a wearable license.

(b) A wearable shellfish tag issued with a combination fishing license.

(c) A wearable shellfish tag issued with a personal use shellfish and seaweed license when the license is issued in the form of a standard recreational fishing license document.

(d) A two-day personal use shellfish and seaweed license)).

(5) 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 is issued with any recreational license, the license issuance fee for the document is two dollars.

(6) 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 temporary fishing license when issued as a charter stamp.

(c) A state of Washington migratory bird stamp.

(d) A Western Washington pheasant permit.

(e) An application for a special permit hunt.

[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.]


AMENDATORY SECTION(Amending Order 99-125, filed 8/13/99, effective 4/1/00)

WAC 220-56-175
Catch record cards. (((Effective April 1, 2000.)))

It is unlawful for any person to fail to comply with the catch record requirements as provided for in this section:

(1) In order to fish for or possess for personal use any crab, anadromous salmon, ((Columbia River, Grays Harbor, or Willapa Bay)) sturgeon (((including sturgeon taken from any tributary))), halibut taken from Catch Record Card Areas 5 through 13 or steelhead, an angler must obtain and have in personal possession ((the)) a valid, appropriate catch record card as described in WAC 220-69-236 except for commercially caught salmon retained for personal use as provided for in WAC 220-20-016 and commercially caught sturgeon retained for personal use as provided for in WAC 220-20-021.

(2) Any angler, ((when)) after obtaining a catch record card shall validate the catch record card by completely, accurately, and legibly ((complete)) completing all personal identification information in ink on the catch record card prior to detaching the catch record card from the underlying copy of the catch record card, or, for automated licenses, affixing the appropriate validation sticker to the catch record card.

(3) Immediately upon catching and possessing a salmon, steelhead, sturgeon or halibut, the angler shall enter in ink in the appropriate space the place, date of catch, species (catch type), for sturgeon, length and, for halibut, vessel type.

(4) Immediately upon retaining a Dungeness crab aboard a vessel or on the shore, the fisher must enter in ink in the appropriate space the place and date of catch, fishery type and enter a tally mark for each Dungeness crab retained from each catch record card area fished. At the end of the fishing day, the fisher shall enter the total number of crab tally marks for each fishery type.

(5) Every person possessing a catch record card shall by April 30 of the year following the year printed on the card return such card to the department of fish and wildlife.

(6) Any person possessing a catch record card shall, upon demand of any law enforcement officer or authorized department employee, exhibit said card to such officer or employee for inspection.

(7) A catch record card shall not be transferred, borrowed, altered, or loaned to another person

[Statutory Authority: RCW 75.08.080 and 77.12.040. 99-17-066 (Order 99-125), 220-56-175, filed 8/13/99, effective 4/1/00. Statutory Authority: RCW 75.08.080. 91-08-054 (Order 91-13), 220-56-175, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-175, filed 2/28/90, effective 3/31/90; 89-07-071 (Order 89-05), 220-56-175, filed 3/20/89; 88-05-002 (Order 88-03), 220-56-175, filed 2/4/88; 85-11-020 (Order 85-43), 220-56-175, filed 5/10/85; 80-03-064 (Order 80-12), 220-56-175, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-023.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 99-125, filed 8/13/99, effective 4/1/00)

WAC 220-69-236
Description of catch record cards and required information.

(1) The department shall prepare and distribute catch record cards for the following:

(a) Anadromous salmon (salmon);

(b) Dungeness crab;

(c) Halibut taken from catch record card areas 5 through 13;

(d) Steelhead;

(e) Sturgeon taken from the Columbia River, Grays Harbor, and Willapa Bay (including sturgeon taken from any tributary).

(2) Each catch record card shall contain space for the following information, which must be recorded prior to the catch record card being separated from the underlying copy of the catch record card:

(a) Name of fisher;

(b) Home address;

(c) City, state, and zip code;

(d) Date of issuance.

(e) Or, for automated licenses, a the catch record card shall contain space for the appropriate validation sticker.

(3) Each halibut, salmon, steelhead, and sturgeon catch record card shall contain space for the following information:

(a) Month of catch;

(b) Day of catch;

(c) Catch record card area, river code, or stream: Location of catch.

(4) Each salmon and sturgeon catch record card shall contain space for a species code.

(5) Each halibut catch record card shall contain space for designating the type of vessel from which the halibut was taken, either charter (c) or personal/kicker (k) boat.

(6) Each sturgeon catch record card shall contain space for the length of fish.

(7) Each Dungeness crab catch record card shall contain space for the following information:

(a) Month of catch;

(b) Date of catch;

(c) Catch record card area;

(d) Type of crab fishery as described on the Dungeness crab catch record card;

(e) Total crab retained by fishery type;

(f) Tally mark for each crab retained.

[Statutory Authority: RCW 75.08.080 and 77.12.040. 99-17-066 (Order 99-125), 220-69-236, filed 8/13/99, effective 4/1/00.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 220-55-132
Migratory bird validations and stamps.

(1) When using an automated licensing system, the migratory bird stamp required by the RCW 77.32.350(1) shall be considered as part of the license validation sticker attached to the generic license document. A person who obtains a migratory bird stamp in the form of a validation may obtain a state migratory bird stamp free of charge upon request at the time of purchase.

(2) Collectors and other persons may purchase one or more migratory bird stamps without purchasing a small game hunting license.

(3) When issued a validation sticker, the signature of the hunter on the license document shall validate the license.

[]

Washington State Code Reviser's Office