WSR 06-06-090

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 1, 2006, 11:26 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-01-032.

Title of Rule and Other Identifying Information: Recreational license, tag, permit, and stamp refunds and exchanges.

Hearing Location(s): Comfort Inn and Conference Center, 1620 74th Avenue S.W., Tumwater, WA, on April 7-8, 2006, starts at 8:00 a.m. on April 7, 2006.

Date of Intended Adoption: April 7, 2006.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way, Olympia, WA 98501-1091, e-mail jacobesj@dfw.wa.gov, fax (360) 902-2155, by March 31, 2006.

Assistance for Persons with Disabilities: Contact Nancy Burkhart by March 24, 2006, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarify rules on refund and exchange of recreational documents. Consolidate rules into one section.

Reasons Supporting Proposal: Current rules on refunds and exchanges are found in multiple WACs, and are unclear.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

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

Name of Proponent: Department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Ron McQueen, 1111 Washington Street, Olympia, (360) 902-2204; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects the ability of a recreational fisher or hunter to obtain a refund or exchange a transport tag. It has no monetary or workload effect on a small business.

A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulics.

March 1, 2006

Evan Jacoby

Rules Coordinator


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

WAC 220-55-040   Recreational license, tag, permit, and stamp refunds and exchanges.   (1) For purposes of this section:

(a) "Refund" means the return of money received for a license, stamp, tag, or permit purchase. Refunds may be made by license dealers or the department licensing office in Olympia.

(b) "Exchange" means the surrendering of a transport tag (such as archery deer or Eastern Washington elk archery) and the reissuing of a different transport tag (such as muzzleloader deer or Western Washington muzzleloader elk).

(2) Refunds will be made for the following:

(a) A license purchaser can obtain a refund from a license dealer for sixty (60) minutes after the purchase of the license if a clerical error is made or the dealer issues the wrong license. License dealers can correct clerical errors after sixty minutes, but may not refund license purchases.

(b) A license purchaser can obtain a refund from Olympia at any time during the licensing year if a document has been issued in error, and the error was not caused by the purchaser.

(c) A license purchaser can obtain a refund from Olympia if the purchase of a second license was made on behalf of the licensee by someone other than the licensee.

(d) A license purchaser can obtain a refund from Olympia if the licensee qualifies for a reduced fee license, but the refund amount will be the difference between the license purchased and the reduced fee license.

(e) A license purchaser who is active duty military and is transferred or otherwise obligated and unable to use a license can obtain a refund from Olympia after providing documentation, provided that the request for refund is made prior to the opening of the applicable general hunting season.

(f) A license purchaser who is hospitalized or severely injured and provides a physician's statement that the person was incapable of participating in hunting can obtain a refund from Olympia after providing documentation, provided that the request for refund is made prior to the opening of the applicable general hunting season.

(g) The personal representative of a deceased license purchaser, who dies prior to the opening of the applicable general hunting season can obtain a refund from Olympia after providing documentation of the death of the purchaser.

(3) Except as otherwise provided, refunds will not be made for the following:

(a) The department will not refund any recreational license or ((transport tag)) permit purchase for which a season or hunt has been scheduled, and the licensee could have participated in the season or hunt, regardless of whether the licensee did in fact participate, or a permit could have been used, regardless of whether the person used the permit.

(((2))) (b) The department will not refund ((migratory bird stamp)) purchases of raffle tickets, special hunt permit applications, or collector bird stamps.

(((3) The department will refund the purchase of a second license when such purchase was made on behalf of the licensee by someone other than the licensee.))

(4) Transport tag exchanges will be allowed for the following:

(a) The season for which the tag was issued has not opened, and the hunter wishes to exchange the tag for a different area or a different weapon type.

(b) The hunter has killed an animal that is unfit for human consumption and the department has authorized issuance of an exchange tag.

(c) The tag was issued in error, and the error was not caused by the person applying for the tag.

(5) Transport tag exchanges will not be allowed for the following:

(a) It is unlawful to exchange a big game transport tag during or after a drawing for a special hunting season permit has occurred, if the drawing requires the hunter to have the big game transport tag.

(b) It is unlawful to exchange a big game transport tag after the opening of the season for the tag is valid.

(c) Violation of this subsection is punishable under RCW 77.15.410 Unlawful hunting of big game.

[Statutory Authority: 1998 c 191 and RCW 75.08.080. 99-03-029 (Order 99-02), 220-55-040, filed 1/13/99, effective 2/13/99. Statutory Authority: RCW 75.08.080. 94-01-001, 220-55-040, filed 12/1/93, effective 1/1/94; 89-07-071 (Order 89-05), 220-55-040, filed 3/20/89; 88-05-002 (Order 88-03), 220-55-040, filed 2/4/88; 86-24-047 (Order 86-191), 220-55-040, filed 11/26/86; 79-09-021 (Order 79-58), 220-55-040, filed 8/10/79.]

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.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office