WSR 98-02-018

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 97-255--Filed December 30, 1997, 2:26 p.m.]

Date of Adoption: December 13, 1997.

Purpose: Amend license suspension and reinstatement rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-12-194, 232-12-197 and 232-12-207; and amending WAC 232-12-191.

Statutory Authority for Adoption: RCW 77.12.040.

Adopted under notice filed as WSR 97-22-067 on November 4, 1997.

Changes Other than Editing from Proposed to Adopted Version: (1) Change "convicted three times in five years" to convicted three times in ten years."

(2) Add "offenses charged as a result of a single incident that result in a conviction."

(3) Add "convicted two times in five years of any gross misdemeanors or felonies for violations involving commercial fishing or hunting laws."

(4) Add "shoots another person or livestock while hunting and causes injury."

(5) Change "gross negligence" to "criminal negligence."

(6) In big game suspensions (subsection (4), change "two years and one day" to "two years and thirty-one days."

(7) In subsection (4), add, "Should the person be convicted of any violation involving hunting laws under Title 77 RCW after the notice of revocation is mailed or during the period of suspension."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 3.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

December 30, 1997

Lisa Pelly, Chairperson

Fish and Wildlife Commission

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 ten 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 the beginning of the suspension of licensing privileges. Should the person be convicted of any violation involving recreational fishing or hunting laws under Title 77 RCW 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 that result in a conviction 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 gross misdemeanors or felonies for violations 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. The person will be automatically eligible to purchase a license on the January 1st following the beginning of the suspension of licensing privileges. Should the person be convicted of any violation involving commercial fishing or hunting laws under Title 77 RCW 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 that result in a conviction 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 have his or her hunting license revoked, and shall not be issued a hunting license for a period of three years beginning on the January 1st following the shooting if the shooting was the result of negligence, or shall not be issued a hunting license for ten years beginning on the January 1st following the shooting if the shooting 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 a hunting license 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 the beginning of the suspension of hunting privileges, 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 RCW 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.]

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.

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