WSR 03-21-146

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 22, 2003, 8:08 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-13-031.

     Title of Rule: Personal use licensing.

     Purpose: Establish permanent personal use license.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Establishes a permanent personal use license for all hunting and fishing activities to be issued by random draw.

     Reasons Supporting Proposal: Generate sales.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation: Jim Lux, 1111 Washington Street, Olympia, 902-2444; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 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 department is proposing to issue a permanent license to individuals chosen by random draw from persons who apply through a special license application process. The license is good for all recreational activities that a person could purchase if that person made application for all licensing activities. There is a differential cost of application for residents and nonresidents, and the director will determine the number of special licenses issued.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects personal use licensing, not small businesses. A secondary impact will be additional revenues to WILD dealers. There will be no affect on dealers who issue the permanent annual license, as the department will cover the license dealer fees.

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

     Hearing Location: Fort Worden State Park Conference Center, Port Townsend, Washington, on December 5-6, 2003, begins 8:00 a.m. on December 5, 2003.

     Assistance for Persons with Disabilities: Contact Susan Yeager by November 24, 2003, 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 November 28, 2003.

     Date of Intended Adoption: December 5, 2003.

October 21, 2003

Evan Jacoby

Rules Coordinator

OTS-6461.3


NEW SECTION
WAC 220-55-175   Special license application for permanent annual combination licenses.   (1) There is hereby created a special license application for permanent combination license packages. Each package awarded will contain: A big game combination number one license allowing the holder to take deer, elk, bear, and cougar during the general season for each species; a small game license allowing the holder to take wild animals and wild birds during the open general season for each, including a single turkey tag; a Western Washington pheasant permit; a migratory bird validation; a combination fishing license and catch record card allowing the holder to take fish, shellfish, and seaweed during the general seasons for each; and a vehicle access permit. Special hunt applications, raffles or auction hunts, juvenile fishing, or fishing set aside for persons of disability (unless the holder qualifies as a fisher with a disability) are not included in this package. If a fee is established for transport tags, fish marking tags, additional access permits, additional catch record cards, or other restrictions on fishing or hunting, the holder will be responsible for payment of these fees prior to engaging in the restricted activities.

     (2) The fee for a resident special license application ticket is $6.50, and the fee for a nonresident special license application ticket is $12.50. The fee for the ticket includes both the transaction and dealer fees. The selection of a successful special license application ticket holder will be by random draw. Only a natural person may be issued a permanent annual combination license. The successful special license application ticket holder may not sell the opportunity to be issued a permanent annual combination license, but may designate a natural person other than the successful special license application ticket holder to receive the permanent annual combination license. The designation of another individual to be issued the permanent annual combination license must be made in writing to the department license manager. If the successful special license application ticket holder is an individual, the designation must be made within fifteen days of notification of being selected. If the successful special license application ticket holder is a business or organization, the designation must be made within ninety days of notification of being selected. Notification is complete upon posting a letter in the United States mail to the successful special license application ticket holder. The licensee, once designated, may not transfer the license. The permanent annual combination license package shall be issued on an annual basis to the licensee upon request of the licensee.

     (3) The director will determine the number of special license applications to be conducted each year, the date of the drawing for each special license application to be conducted, and the number of permanent annual combination licenses to be awarded for each special license application conducted.

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