WSR 02-13-084

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 18, 2002, 8:11 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-10-061.

     Title of Rule: Lands vehicle use permit rules.

     Purpose: Clarify issuance and display of lands vehicle use permits.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Permit issued with first license. Permit to be displayed as readable.

     Reasons Supporting Proposal: Clarification of issuance and use.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Jim Lux, 1111 Washington Street, Olympia, (360) 902-2444; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

     Name of Proponent: 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: The fish and wildlife lands vehicle use permit is issued with the first recreational license, other than shellfish. Additional permits may be purchased. The license is required to be displayed, and this rule identifies that the definition of "display" is different depending on whether the licensee wants the permit to be transferable between vehicles or used on only one vehicle. This rule will help motorists understand what is required and will allow enforcement of the permit requirement.

     Proposal Changes the Following Existing Rules: Adds a new definition. Clarifies permit issuance.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules affect recreational permit holders, not small businesses.

     RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Pearsall Multi-Services Center, 2109 Sumner Avenue, Aberdeen, WA, on August 2-3, 2002, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Debbie Nelson by July 19, 2002, TDD (360) 902-2207, or (360) 902-2267.

     Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by July 26, 2002.

     Date of Intended Adoption: August 2, 2002.

June 17, 2002

Evan Jacoby

Rules Coordinator

OTS-5714.1


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

WAC 220-55-001   Definitions.   Unless otherwise provided, the following definitions apply to this chapter:

     (1) "Blind" means no vision or vision with corrective lenses so defective as to prevent the performance of ordinary activities for which eyesight is essential.

     (2) "License year" is defined as April 1st through the following March 31st.

     (3) "Personal use license" and "recreational license" have the same meaning, and refer to all licenses issued under RCW 77.32.450 through 77.32.490.

     (4) "Veteran" means a veteran of the United States Armed Forces.

     (5) "Display" of a fish and wildlife lands vehicle use permit means either:

     (a) Nontransferable: Affixing the permit to the rear window of the vehicle, in which case the vehicle license number need not be entered on the permit; or

     (b) Transferable: Writing, in ink, in the provided space on the permit the license number of the two vehicles between which the permit is to be transferred, and placing the permit in either vehicle in such a place that the permit can be observed and the license number read from outside the vehicle. Placing the permit on the dashboard or hanging it from the rear view mirror complies with the display requirement for a transferrable vehicle use permit.

[Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), § 220-55-001, filed 1/13/99, effective 2/13/99.]


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

WAC 220-55-100   Fish and wildlife lands vehicle use permit.   Recreational license dealers are to issue a fish and wildlife lands vehicle use permit with ((each)) the first annual recreational or trapping license sold, except for shellfish-seaweed licenses((, and with each trapping license sold)). If the fish and wildlife lands vehicle use permit is not issued because the license is voided or canceled, it is to be returned to the department with the department's copy of the license, and is due by the 10th of the month following the sale of the license.

[Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), § 220-55-100, filed 1/13/99, effective 2/13/99. Statutory Authority: RCW 75.08.080. 94-01-001, § 220-55-100, filed 12/1/93, effective 1/1/94; 80-03-064 (Order 80-12), § 220-55-100, filed 2/27/80, effective 4/1/80. Formerly WAC 220-105-040.]

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