WSR 07-18-093

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed September 5, 2007, 11:36 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-11-169.

Title of Rule and Other Identifying Information: WAC 232-12-228 Hunter education deferral.

Hearing Location(s): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98504, on October 12 and 13, 2007, at 8 a.m.

Date of Intended Adoption: On or after November 2-3, 2007.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail preuslmp@dfw.wa.gov, fax (360) 902-2155, by October 11, 2007.

Assistance for Persons with Disabilities: Contact Susan Yeager, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To implement the provisions of ESHB 1249 relating to a once in a lifetime, one-license-year deferral of hunter education classes for people who are accompanied by a nondeferred, Washington licensed hunter.

Reasons Supporting Proposal: A new law, ESHB 1249, became effective on July 22, 2007. The law requires the Washington fish and wildlife commission to adopt rules for the implementation of the hunter-deferral program to avoid potential fraud and abuse. This rule is needed to comply with the legislature's mandate and goals.

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: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Mik Mikitik, 1111 Washington Street S.E., Olympia, (360) 902-8113; and Enforcement: Bruce Bjork, 1111 Washington Street S.E., Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This new rule does not impact small businesses. Hunter education is taught by volunteers, so allowing a once in a lifetime, one-license-year deferral of hunter education is not depriving small businesses of classes they would otherwise have.

A cost-benefit analysis is not required under RCW 34.05.328. This new rule does not affect hydraulics.

September 5, 2007

Loreva M. Preuss

Rules Coordinator

OTS-9801.3


NEW SECTION

WAC 232-12-228   Hunter education deferral.   (1) Pursuant to RCW 77.32.155, individuals may apply for a director-authorized, once in a lifetime, one-license-year deferral of hunter education training. To qualify, the applicant for deferral and his or her accompanying, licensed hunter must comply with the following requirements:

(a) The applicant for deferral must be at least eight years of age when applying for the deferral.

(b) The accompanying, licensed hunter, as defined in RCW 77.32.155, must:

(i) Be over eighteen years of age; and

(ii) Provide proof that he or she had a Washington hunting license for the three years prior to being an accompanying, licensed hunter.

(c) To provide maximum supervision and to enhance safety afield, an accompanying, licensed hunter must supervise only one deferred hunter while afield.

(2) Application procedures.

(a) Applicants for deferral must submit their applications to the department's hunter education division office in Olympia, Washington.

(b) Applicants for deferral must submit with each deferral application a twenty-dollar application fee payable via personal or cashier's check written to WDFW. Applications submitted without the required fee or information will not be processed and will be returned to the applicant.

(c) Deferral applications will be on forms prescribed by the department and may be made available to the public in both printed and electronic formats.

(3) License purchases.

(a) Individuals granted a deferral under this section will receive a special WILD identification number and a special authorization card that allow the applicant to purchase hunting licenses and tags for the license year during which the applicant requested a deferral. An applicant may not use his or her special WILD identification number and special authorization card for future hunting license purchases in Washington state.

(b) Individuals deferred under this administrative regulation:

(i) May purchase hunting licenses and tags in accordance with current licensing procedures; and

(ii) Must pay all hunting license and tag fees established under current law.

(4) Possession of deferral authorization.

(a) Individuals hunting with a deferral under this administrative regulation must carry their department-issued deferral card at all times while hunting.

(b) Request for replacement of deferral cards must be made by the licensee. A duplicate deferral card may be issued at department offices.

(5) If either the deferred education licensee or the required nondeferred accompanying person, hunting under the authority of RCW 77.32.155(2), is convicted of a violation of this title, except for a violation of RCW 77.15.400 (1) through (3), the department may revoke all hunting licenses and tags and may order a suspension of one or both the deferred education licensee and the nondeferred accompanying person's hunting privileges for one year.

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Washington State Code Reviser's Office