WSR 18-03-142 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed January 22, 2018, 11:56 a.m.] Supplemental Notice to WSR 17-17-106 on August 18, 2017. Preproposal statement of inquiry was filed as WSR 17-13-085 on June 17, 2017. Title of Rule and Other Identifying Information: The department is amending WAC 220-340-070 to better clarify the application process for geoduck diver licenses. Hearing Location(s): On April 13-14, 2018, at 8:00 a.m., at the Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501. Date of Intended Adoption: April 14, 2018. Submit Written Comments to: Scott Bird, Washington Department of Fish and Wildlife (WDFW), Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, email Rules.Coordinator@dfw.wa.gov, fax 360-902-2155, by April 12, 2018. Assistance for Persons with Disabilities: Contact Delores Noyes, phone 360-902-2349, TTY 360-902-2207, email Delores.Noyes@dfw.wa.gov, by April 12, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is amending WAC 220-340-070 to better clarify the application process for geoduck diver licenses. Reasons Supporting Proposal: The current process described in WAC 220-340-070 for applying for new geoduck divers licenses is ambiguous and requires modification. Statute Being Implemented: None. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: WDFW, governmental. Name of Agency Personnel Responsible for Drafting: Trisha Anderson, 1111 Washington Street, Olympia, WA 98501, 360-902-2211; Implementation: Peter Vernie, 1111 Washington Street, Olympia, WA 98501, 360-902-2302; and Enforcement: Chief Steve Bear, 1111 Washington Street, Olympia, WA 98501, 360-902-2373. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. The proposed rule changes do not affect hydraulics. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit. January 22, 2018 Scott Bird Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-340-070 Commercial geoduck harvest—Geoduck diver license application and issuance process.
(1) ((The department will not consider incomplete applications for a geoduck diver license.)) The following information is required to apply for or renew a geoduck diver license:
(a) A complete, legible, and signed application form;
(b) The application and license fees as provided in RCW 77.65.440;
(i) Applicants renewing a geoduck diver license must submit the completed application, application fee and license fee by December 31st;
(ii) New geoduck diver license applicants and renewing applicants who missed the December 31st deadline must submit the completed application and only the application fee by January 10th. The license fee will be required within forty-eight hours if the individual is selected.
(c) ((Proof of)) Completion of the department of natural resources (DNR) geoduck diver safety program to be verified by the department of fish and wildlife (DFW) with DNR; ((and))
(d) ((For applications to renew only, a copy of a)) All applicants must be on a DNR geoduck harvest agreement plan of operation ((that lists the applicant on the agreement)) during the applicable current calendar year and be verified by the department with DNR on an annual basis; and
(e) The department will not consider incomplete applications for a geoduck diver license.
(2) No more than 77 geoduck diver licenses may be issued per calendar year.
(3) Applicants may submit applications to the department:
(a) By mailing to ((600 Capitol Way N., Olympia, WA 98501-1091)) P.O. Box 43154, Olympia, WA 98504-1091;
(b) By faxing to 360-902-2945; or
(c) In person at the ((WDFW)) DFW licensing front desk, first floor, natural resources building at 1111 Washington St. S.E., Olympia, WA 98501 during licensing window hours.
(4) The department ((must receive applications to renew a geoduck diver license by December 31st of the year the licensee's current geoduck diver license expires)) will renew any geoduck diver license if all requirements listed in subsection (1) of this section are met by December 31st. If less than 77 geoduck diver licenses have been issued after the department approves all qualifying applications to renew a geoduck diver license, then the department will issue additional licenses, up to the 77 geoduck diver license limit, to ((qualified)) new geoduck diver license applicants ((in the order they are received. If the department receives more than one application for a geoduck diver license in a calendar day, and issuing licenses to all applicants received in that calendar day would exceed 77 geoduck diver licenses, the department will conduct a random drawing among the applications received that calendar day to determine which of the applications received in that calendar day will be issued a geoduck diver license)) and renewing applicants who missed the December 31st deadline. The department will complete the following process for issuing licenses to new geoduck diver license qualified applicants and renewing applicants who missed the December 31st deadline:
(a) New geoduck diver license applicants and renewing applicants who missed the December 31st deadline will be eligible if all requirements listed in subsection (1) of this section are met by January 10th. A drawing will be held ten business days after January 10th for all eligible new applicants.
(b) After the initial drawing, if there are remaining licenses available up to the 77 geoduck diver license limit, then the department will issue licenses to new geoduck diver applicants and renewing applicants who missed the December 31st deadline based on the calendar date the application is received on a first-come first-serve basis. In the event there are multiple applications received on the same calendar day that exceed the quantity of remaining licenses, a drawing will be held to issue the remaining licenses.
|