WSR 18-09-058 PERMANENT RULES DEPARTMENT OF FISH AND WILDLIFE [Filed April 16, 2018, 8:24 a.m., effective May 17, 2018] Effective Date of Rule: Thirty-one days after filing. Purpose: The department is amending WAC 220-340-070 to better clarify the application process for obtaining geoduck diver licenses. Citation of Rules Affected by this Order: Amending WAC 220-340-070. Adopted under notice filed as WSR 18-03-142 on January 22, 2018. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Date Adopted: April 14, 2018. Brad Smith, Chair Fish and Wildlife Commission
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 31;
(ii) New geoduck diver license applicants and renewing applicants who missed the December 31 deadline must submit the completed application and only the application fee by January 10. 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 98504-3154;
(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 31. 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 31 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 31 deadline:
(a) New geoduck diver license applicants and renewing applicants who missed the December 31 deadline will be eligible if all requirements listed in subsection (1) of this section are met by January 10. A drawing will be held ten business days after January 10 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 31 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.
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