WSR 17-17-106
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed August 18, 2017, 4:51 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-13-085 on June 17, 2017.
Title of Rule and Other Identifying Information: WAC 220-340-070 needs clarification regarding the application process for geoduck diver licenses. Specifically, the department is advancing the due date for applications to renew licenses to November 30 on an annual basis and clarifying the process for how the department would issue any remaining geoduck divers licenses for any of the seventy-seven licenses that are not renewed by November 30 on an annual basis.
Hearing Location(s): On October 27, 2017, at 10:30 a.m., at the Natural Resources Building, 630, 1111 Washington Street S.E., Olympia, WA 98504.
Date of Intended Adoption: On or after October 27, 2017.
Submit Written Comments to: Scott Bird, Washington Department of Fish and Wildlife (WDFW), Rules Coordinator, 600 Capitol Way North, email Rules.Coordinator@dfw.wa.gov, fax 360-902-2155, by October 27, 2017.
Assistance for Persons with Disabilities: Contact Dolores Noyes, phone 360-902-2349, TTY 360-902-2207, by October 26, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to update the process described in WAC 220-340-070 for new geoduck divers licenses. Specifically, the department is advancing the due date for applications to renew licenses to November 30 each year and clarifying the process for how the department issues new geoduck divers licenses for any of the seventy-seven licenses that are not renewed by November 30.
This update would affect both new geoduck divers license applicants and department staff by clarifying the process and alleviating uncertainty related to the process.
This update would specifically alter WAC 220-340-070 (1), (3), and (4). Subsection (1) updates include: (1) That new applicants are not required to submit the license fee unless selected to receive a geoduck divers license; and (2) a department email for inquiries on incomplete applications to be used prior to the November 30 deadline. Subsection (3) includes updates to department contact information. Subsection (4) updates include: (1) The specific application submittal dates of October 1 to November 30 each year for new geoduck divers license applicants; (2) the process of holding a drawing for all new applications received between October 1 to November 30 each year in the event that any of the seventy-seven licenses are available to be issued; and (3) the process of receiving new applications after November 30 each year and issuing licenses in the event that any of the seventy-seven licenses still are available to be issued.
Reasons Supporting Proposal: The current process described in WAC 220-340-070 for new geoduck divers licenses is ambiguous. The proposed update will clarify the application process and how the department issues new geoduck divers licenses for any of the seventy-seven licenses that are not renewed by November 30 each year. The department changed the deadline from December 31 to November 30 each year to give the agency time to process licenses before January 1.
Statutory Authority for Adoption: RCW 77.04.090 and 77.04.130.
Statute Being Implemented: RCW 77.65.410.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [WDFW], governmental.
Name of Agency Personnel Responsible for Drafting: Trisha Anderson, 1111 Washington Street, Olympia, WA 98501, 360-902-2211; Implementation: Peter Vernie, 1111 Washington Street, Olympia, WA 98501, 360-902-2302; and Enforcement: Chief Chris Anderson, 1111 Washington Street, Olympia, WA 98501, 360-902-2936.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule does not affect hydraulics. Further, the proposed rule clarifies the current process used by the department, and there are no substantive changes that impact the costs or benefits associated to the process.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 34.05.328, subsection (5)(b)(iv).
August 18, 2017
Scott Bird
Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-070 Commercial geoduck harvestGeoduck diver license application and issuance process.
(1) The department will not consider incomplete applications for a geoduck diver license. The following information is required to apply for or renew a geoduck diver license:
(a) A complete, legible, and signed application form;
(b) The application and license fees as provided in RCW 77.65.440;
(i) Applicants renewing a geoduck diver license must submit the completed application, application fee and license fee during the renewal time frame of October 1st to 11:59 p.m. on November 30th;
(ii) New geoduck diver license applicants must submit the completed application and only the application fee during the open enrollment time frame of October 1st to 11:59 p.m. on November 30th. The license fee will only be required if the individual is selected, through the drawing process outlined in subsection (4)(b) of this section to receive a geoduck diver license.
(c) ((Proof of)) Completion of the department of natural resources (DNR) geoduck diver safety program to be verified by the department of fish and wildlife (DFW) with DNR; and
(d) For applications ((to renew only, a copy of a)) who are only renewing, completion of the DNR geoduck harvest agreement plan of operation that lists the applicant on the agreement during the applicable current calendar year. This is to be verified by DFW with DNR.
(2) No more than 77 geoduck diver licenses may be issued per calendar year.
(3) Applicants may submit applications to the department during the renewal or open enrollment time frame of October 1st to 11:59 p.m. on November 30th:
(a) By mailing to ((600 Capitol Way N., Olympia, WA 98501-1091)) P.O. Box 43200, Olympia, WA 98504-3200;
(b) By faxing to 360-902-2945; or
(c) In person at the ((WDFW)) DFW licensing front desk, first floor, natural resources building at 1111 Washington St. S.E., Olympia, WA 98501 during normal business hours.
(4) The department ((must receive applications to renew a geoduck diver license by December 31st of the year the licensee's current geoduck diver license expires)) will renew any geoduck diver license if all requirements listed in subsection (1) of this section are met prior to 11:59 p.m. on November 30th. If less than 77 geoduck diver licenses have been issued after the department approves all qualifying applications to renew a geoduck diver license, then the department will issue additional licenses, up to the 77 geoduck diver license limit, to ((qualified)) new geoduck diver license applicants ((in the order they are received. If the department receives more than one application for a geoduck diver license in a calendar day, and issuing licenses to all applicants received in that calendar day would exceed 77 geoduck diver licenses, the department will conduct a random drawing among the applications received that calendar day to determine which of the applications received in that calendar day will be issued a geoduck diver license)). The department will complete the following process for issuing nonrenewed licenses to new geoduck diver license qualified applicants:
(a) New geoduck diver license applications must be received between October 1st and November 30th. If the department receives more new applications by November 30th than there are available geoduck licenses to issue, then the department will conduct a random drawing among the applications received by November 30th to determine which of the applicants will be issued a geoduck diver license.
(b) After the initial deadline of November 30th, if there are remaining licenses available up to the 77 geoduck diver license limit, then the department will issue licenses to new geoduck diver applicants based on the calendar date the application is received on a first-come first-serve basis. In the event there are multiple applications received on the same calendar day that exceed the quantity of remaining licenses, a drawing will be held to issue the remaining licenses.