WSR 97-22-067

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Filed November 4, 1997, 8:00 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-19-093.

Title of Rule: License suspension and reinstatement.

Purpose: Establish uniform suspension rules.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.21.020, 77.21.030, 77.21.060.

Summary: Establishes two-year recreational suspensions and one-year commercial suspensions with automatic reinstatement for multiple violations. Three- and ten-year suspensions for injury to livestock or another person.

Reasons Supporting Proposal: License suspensions need to be codified as a regulation of general applicability. Failor's Pharmacy v. DSHS, 125 Wn.2d 488, P.2d (1994).

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Betty Buckley, 1111 Washington Street, Olympia, 902-2233; and Enforcement: Ron Swatfigure, 1111 Washington Street, Olympia, 902-2927.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: Currently license suspension is by policy. This has lead to unequal application. Additionally, reinstatement is, by policy, automatic for big game violations and by application for all other suspensions. The effect of this is to have persons who have served out the time of suspension fail to get reinstated, and be technically hunting while revoked. This rule will establish uniform suspension, automatic reinstatement, and equal application to all persons. It also conforms with the proposed RCW reconciliation of the fisheries and wildlife codes.

Proposal does not change existing rules: Suspension is changed from three convictions in ten years to three convictions in five years.

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

1. Description of reporting, recordkeeping, and other compliance measures required by proposal: None.

2. Professional services required for compliance: None.

3. Costs of compliance, including costs of equipment, supplies, labor and increased administrative costs: None.

4. Will compliance cause businesses to lose sales or revenue? Suspension of commercial licensing privileges will eliminate sales or revenue during the suspension period.

5. Comparison of costs for the 10% of businesses that are the largest business required to comply with the proposed rule. Unable to determine, as it is unknown if any businesses will violate commercial rules twice within five years.

6. Steps taken by agency to reduce the costs of the rule on small businesses: Suspension of commercial licensing privileges is set at one year, rather than the two years for recreational licenses.

7. Description of how the agency will involve small businesses in the development of the rule: Public comment period and public hearing on rule adoption.

8. List of industries required to comply with this rule: Trappers, taxidermists, fur dealers, fishing guides, game farmers, anadromous game fish buyers.

A copy of the statement may be obtained by writing to Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, phone (360) 902-2930, or FAX (360) 902-2940.

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

Hearing Location: Red Lion Inn, Spokane, on December 12-13, 1997, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Robin Ayers by November 30, 1997, TDD (360) 902-2295, or (902) [(360)] 902-2933.

Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501, FAX (360) 902-2940, by December 12, 1997.

Date of Intended Adoption: December 13, 1997.

November 3, 1997

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION (Amending Order 439, filed 5/11/90, effective 6/11/90)

WAC 232-12-191 ((Three convictions forfeits)) Suspension of licensing privileges--Reinstatement. The department will suspend licensing privileges for the period stated in the following instances:

(1) A person who has been convicted ((of)) three ((violations of the wildlife code of the state of Washington (Title 77 RCW) or rules adopted under that title, within a ten year period,)) times in five years of any violation involving recreational fishing or hunting laws under Title 77 RCW shall not be issued another recreational license, permit, tag, stamp or ((punchcard)) catch record card for any activity described in chapter 77.32 RCW ((until those privileges are restored by the director)) for a period of two years beginning on the January 1st following the third conviction. The person will be automatically eligible to purchase a license, permit, tag, stamp or catch record card on the second January 1st following. Should the person be convicted of any violation involving recreational fishing or hunting laws under Title 77 during the period of suspension, for each conviction an additional two year suspension of privileges will be added at the end of the original suspension. For purposes of this subsection, all offenses charged as a result of a single incident count as a single conviction, except that if more than one big game, protected or endangered animal is killed, each animal counts as a separate conviction.

(2) A person who has been convicted two times in five years of any violation involving commercial fishing or hunting laws, including taxidermy, shall not be issued another commercial license for any activity described in Chapter 77.32 RCW for a period of one year beginning on the January 1st following the second conviction. Should the person be convicted of any violation involving commercial fishing or hunting laws under Title 77 during the period of suspension, for each conviction an additional one year suspension of privileges will be added at the end of the original suspension. For purposes of this subsection, all offenses charged as a result of a single incident count as a single conviction, except that if more than one big game, protected or endangered animal is killed or involved in the violation, each animal counts as a separate conviction.

(3) A person who shoots another person or livestock while hunting and causes injury shall not be issued a hunting license for a period of three years beginning on the January 1st following the shooting if the injury was the result of negligence, or shall not be issued for ten years beginning on the January 1st following the shooting if the injury was the result of criminal negligence, or reckless or intentional behavior, or if the shooting resulted in the death of a person, and will not be issued unless the damages caused by the shooting have been paid. The person will be automatically eligible to purchase a license, permit, tag, or stamp on the fourth or eleventh January 1st following, respectively, if the damages have been paid.. Should the person shoot another person or livestock while hunting privileges are suspended under this subsection, the person will not be issued a hunting license for life.

(4) A person whose hunting privileges are suspended under RCW 77.21.020 shall not be issued a hunting license for a period of two years beginning thirty days after the notice of hunting license revocation and hunting privilege suspension is posted in the United States mail to the person's last known address of record. The person will be automatically eligible to purchase a license, permit, tag, or stamp two years and thirty-one days after the mailing date of the notice. Should the person be convicted of any violation involving hunting laws under Title 77 after the notice of revocation is mailed or during the period of suspension, an additional two year suspension of privileges will be added at the end of the original suspension.

(5) All revocations provided for in chapter 77.21 RCW and suspensions provided for in this section are appealable under chapter 34.05 RCW, and, if appealed, the revocations and suspension periods will begin thirty days after the entry of a final order.

[Statutory Authority: RCW 77.21.060. 90-11-051 (Order 439), 232-12-191, filed 5/11/90, effective 6/11/90. Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), 232-12-191, filed 6/1/81. Formerly WAC 232-12-430.]

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.

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 232-12-194 Procedure--Petitions for reissuance of hunting license--Time period for petition--Juvenile applicants. (Order 165)

WAC 232-12-197 Procedures to review administrative license decisions.