PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-12-081.
Title of Rule: Commercial fish licensing rules.
Purpose: Provide for renewal of licenses upon death of license holder.
Statutory Authority for Adoption: Chapter 244, Laws of 2001, RCW 77.12.047.
Statute Being Implemented: Chapter 244, Laws of 2001.
Summary: The department is proposing to allow a decedent's representatives to renew a license year following the licensee's death. This will constitute the "reasonable opportunity" in chapter 244, Laws of 2001.
Reasons Supporting Proposal: Chapter 244, Laws of 2001, provided for a reasonable period for a decedent's representatives to renew a license without defining a reasonable period. This provides clarification.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 600 Capitol Way North, Olympia, 902-2930; Implementation: Jim Lux, 600 Capitol Way North, Olympia, 902-2444; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, 902-2373.
Name of Proponent: Washington State 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 legislature did not identify the "reasonable opportunity" for a decedent's representative to renew a license which would otherwise not be renewable because the license must be renewed each year. The department is proposing the following licensing year as the period when the license could be renewed. This means the personal representative, surviving spouse, estate or estate beneficiary would have a minimum of a full year to renew. The proposal clarifies that renewal requires payment of both the license year fees that were missed as well as the current license fees.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The small business at issue and that is impacted is the decedent as a licensee. This rule has no effect on the decedent, it has an effect on a subsequent licensee, who is unknown to the department at the time the license is not renewed by year's end.
RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Natural Resources Building, Room 172, 1111 Washington Street, Olympia, on September 14, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by September 1, 2001, 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 September 13, 2001.
Date of Intended Adoption: September 14, 2001.
August 1, 2001
Evan Jacoby
Rules Coordinator
OTS-5063.1
NEW SECTION
WAC 220-20-056
Commercial fishing license renewal upon the
death of the holder.
Upon the death of a commercial fishing
license holder or commercial fishing permit holder, any license
or permit that requires annual renewal in order to be renewed in
a subsequent year, and which was not renewed in the licensing
year of the license or permit holder's death, may be renewed by
the license or permit holder's personal representative, surviving
spouse, estate, or estate beneficiary during the next licensing
year after the licensing year in which the death occurred, by
payment of the license fees for both the year in which the death
occurred and the current licensing year. If the license is not
renewed in the licensing year after the licensing year in which
the death occurred, the license may not be renewed thereafter.
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