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Chapter 220-101 WAC

Last Update: 8/12/19

DEPARTMENT PURPOSEFISH AND WILDLIFE COMMISSIONOPERATIONS

WAC Sections

HTMLPDF220-101-010Introduction.
HTMLPDF220-101-020Department description and authority.
HTMLPDF220-101-030Description of department organization.
HTMLPDF220-101-040Fish and wildlife commission members' recusal requirements for commissioners with beneficial interests in certain commission decisions and transactions.
HTMLPDF220-101-050Fish and wildlife enforcement officer relief from active duty procedure.
HTMLPDF220-101-060Petitions—Form—Scheduling—Ruling.


PDF220-101-010

Introduction.

The Washington department of fish and wildlife's (department) primary responsibility is to preserve, protect, perpetuate, and manage the fish and wildlife species of the state (RCW 77.04.012). The department promotes conservation of fish and wildlife, while providing fishing, hunting, fish and wildlife viewing, and other outdoor recreational opportunities compatible with healthy, diverse, and sustainable fish and wildlife populations. (RCW 77.04.012, 77.04.020, and 77.04.055.)
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-101-010, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.04.012, 77.04.020, and 77.04.055. WSR 10-13-182 (Order 10-156), § 232-36-010, filed 6/23/10, effective 7/24/10.]



PDF220-101-020

Department description and authority.

(1) Throughout this chapter, "department" is used to mean the Washington fish and wildlife commission and the Washington department of fish and wildlife. The term department may also include the staff and employees of the department of fish and wildlife, where indicated by context.
(2) The department of fish and wildlife is the agency to which the legislature has delegated responsibility for preserving, protecting, perpetuating, and managing fish and wildlife in the lands and waters of the state, including offshore waters.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-101-020, filed 2/15/17, effective 3/18/17. Statutory Authority: Chapter 42.56 RCW, RCW 42.56.040, 77.04.013, and 77.12.047. WSR 12-15-001 (Order 12-139), § 220-80-020, filed 7/6/12, effective 8/6/12; Order 1104, § 220-80-020, filed 11/26/73.]



PDF220-101-030

Description of department organization.

The department's central office is located at 1111 Washington Street S.E., Olympia, WA 98501-1091. The mailing address of the department's central office is P.O. Box 43200, Olympia, WA 98504-3200. The department's telephone number is 360-902-2200. The fax number is 360-902-2156.
The department has other offices, including six regional offices, as follows:
Eastern Washington - Region 1 Office
2315 North Discovery Place
Spokane Valley, WA 99216-1566
Telephone: 509-892-1001
North Central Washington - Region 2 Office
1550 Alder Street N.W.
Ephrata, WA 98823-9699
Telephone: 509-754-4624
South Central Washington - Region 3 Office
1701 South 24th Avenue
Yakima, WA 98902-5720
Telephone: 509-575-2740
North Puget Sound - Region 4 Office
16018 Mill Creek Boulevard
Mill Creek, WA 98012-1541
Telephone: 425-775-1311
Southwest Washington - Region 5 Office
5525 S. 11th Street
Ridgefield, WA 98642
Telephone: 360-696-6211
Coastal Washington - Region 6 Office
48 Devonshire Road
Montesano, WA 98563
Telephone: 360-249-4628
Current contact information is also available at the department's web site at http://wdfw.wa.gov.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 19-17-016 (Order 19-188), § 220-101-030, filed 8/12/19, effective 9/12/19; WSR 17-05-112 (Order 17-04), recodified as § 220-101-030, filed 2/15/17, effective 3/18/17. Statutory Authority: Chapter 42.56 RCW, RCW 42.56.040, 77.04.013, and 77.12.047. WSR 12-15-001 (Order 12-139), § 220-80-030, filed 7/6/12, effective 8/6/12; Order 1104, § 220-80-030, filed 11/26/73.]



PDF220-101-040

Fish and wildlife commission members' recusal requirements for commissioners with beneficial interests in certain commission decisions and transactions.

(1) Commission members must comply with subsection (2) of this section when the following circumstances apply or it is reasonably foreseeable that they will apply:
(a) The member is beneficially interested, directly or indirectly, in a contract, sale, lease, purchase, or grant that may be made by, through, or under the supervision of the commission, in whole or in part; or
(b) The member accepts, directly or indirectly, any compensation, gratuity or reward from any other person beneficially interested in a contract, sale, lease, purchase, or grant that may be made by, through, or under the supervision of the commission, in whole or in part; or
(c) The member either owns a beneficial interest in, or is an officer, agent, employee or member of, an entity which is engaged in a transaction involving the commission.
(2) If required by subsection (1) of this section, the member must:
(a) Recuse himself or herself from discussions by the commission, regarding the specific contract, sale, lease, purchase, grant, or transaction; and
(b) Recuse himself or herself from any vote by the commission on the specific contract, sale, lease, purchase, grant, or transaction; and
(c) Refrain from attempting to influence any other member or employee in any discussion or vote regarding the specific contract, sale, lease, purchase, grant, or transaction.
(3) Definitions. The following definitions apply to this section:
(a) "Transaction involving the commission" means a proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other similar matter that the commission member in question believes, or has reason to believe:
(i) Is, or will be, the subject of commission action; or
(ii) Is one to which the commission is or will be a party; or
(iii) Is one in which the commission has a direct and substantial proprietary interest.
(b) "Transaction involving the commission" does not include the following: preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by a commission member; or a claim, case, lawsuit, or similar matter if the commission member did not participate in the underlying transaction involving the commission that is the basis for the claim, case, or lawsuit. Rule making is not a transaction involving the commission.
(c) "Commission action" means any action on the part of the commission, including, but not limited to:
(i) A decision, determination, finding, ruling, or order; and
(ii) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order.
(4) Under subsection (1)(b), "any other person" has a beneficial interest in a contract, sale, lease, purchase, or grant when the other person bids or otherwise seeks to be awarded the contract, sale, lease, purchase, or grant.
(5) The prohibitions contained in subsection (2) do not prohibit the member from using his or her general expertise to educate and provide general information on the subject area to other commission members.
(6) If recusal occurs pursuant to the State Ethics law, chapter 42.52 RCW, or rules adopted pursuant to the State Ethics law, the commission member must disclose to the public the reasons for his or her recusal from any commission action whenever recusal occurs. The commission staff must record each such recusal and basis for the recusal.
examples:
example one: The commission is composed of individuals who often are employed in the private sector. The governor appoints members of the commission. In making these appointments, the governor is required to seek to maintain a balance reflecting all aspects of fish and wildlife. Commission members are appointed because they have general knowledge of the habit and distribution of fish and wildlife and are often recommended by interest groups, such as sport fishers, commercial fishers, hunters, private landowners, and environmentalists. A commission member is employed by a company that provides contract facilitation services. The commission is in the process of selecting a contractor to conduct a series of public meetings on fishing in Washington. The company which employs the member of the commission has bid for the contract. The commission member may use his or her general expertise to educate commissioners about desirable public meeting design elements for a successful public involvement project like the one the commission wants to conduct. The commission member is prohibited from participating in the commission discussion and analysis establishing criteria for selecting a contractor and is prohibited from participating in the commission vote to select a contractor (see WAC 220-101-040 (1)(c)). The commission member would publicly announce his or her recusal and the reasons for it, and the commission staff would record this information as part of the public record.
example two: The commission contracts with King Software (hypothetical company) to provide computer systems for tracking recreational license purchases. King Software's contract with the commission is almost expired, and the commission must seek bids from software companies for the next contract period. The commission issues a request for bids to various software companies who offer suitable software, including Fishsoft, Inc. (hypothetical company). Approximately nine months ago, one commission member worked for Fishsoft, Inc. and received compensation from that company. The commission member subsequently left Fishsoft, Inc. The commission member is not required to recuse himself or herself from selecting a contractor for the commission's computer license system. Fishsoft, Inc. did not have a beneficial interest in the commission's contract until it bid on the contract. Therefore, Fishsoft, Inc. was not a person beneficially interested in the contract when the commission member received the compensation (see WAC 220-101-040(4)). However, if the commission member received compensation from Fishsoft, Inc. after it bid on the contract, the commission member would be required to disclose the fact that he or she received the compensation from a bidder and recuse himself or herself from the commission's specific discussion and the vote awarding the contract (see WAC 220-101-040 (1)(b)). The commission staff would record this information into the public record. Again, the commission member could participate in discussions using his or her general expertise to educate and provide general information on the subject area to the other commission members.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), amended and recodified as § 220-101-040, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 42.52.200 and 77.04.055. WSR 98-14-013 (Order 98-107), § 232-12-002, filed 6/19/98, effective 7/20/98.]



PDF220-101-050

Fish and wildlife enforcement officer relief from active duty procedure.

(1) This section governs the actions required for granting relief from active duty and payment of relief from active duty benefits under RCW 77.12.264. Compliance with the procedural steps of this section is mandatory, and failure to comply with these procedures will result in a denial of benefits if payment has not begun, or a termination of payments if payments have begun.
(2) A request for relief from active duty must be filed in writing with the director, and may be filed by either the officer or the officer's representative. For purposes of this section, the officer is the "claimant."
(3) Upon receipt of the relief from active duty request, the director's office will notify the department's personnel office (the personnel office). The personnel office will review the claimant's personnel file to ascertain employment status. The personnel office will determine if a labor and industries on duty injury claim was filed and the status of that claim. If a claim was filed but was disallowed, the department will notify the claimant that the department will not further process a request for relief from active duty until all appeal efforts on the labor and industries on duty injury claim are completed.
(4) The personnel office will respond to the claimant's request for relief from active duty and provide an information request and medical release form to be completed by the claimant and returned to the personnel office. The claimant is required to provide all information and documentation requested by the department specific to the claim. If any requested information is missing, the department will send a second request to the claimant.
(5) Upon receipt of the medical release form and required documentation, the department's labor and industries claims manager, the department's reasonable accommodation program manager, and the senior human resources consultant assigned to the enforcement program will review the information provided by the claimant. From that review, the personnel manager, or designee, will identify one or more licensed medical specialist(s) as appropriate to the independent medical examination. The medical specialist will provide to the personnel manager a current medical analysis with careful consideration of the essential mental, physical and sensory functions of a fish and wildlife officer. The department will pay for the independent medical examination, and will give due consideration for the location of the claimant's current residence. If the claimant fails to attend any scheduled medical examination or fails to comply with department directions, the request for relief from active duty may be denied.
(6) Within sixty days after the receipt of the results of the independent medical examination, the department will arrange for a panel to review the request for relief from active duty. This panel may consist of one or more licensed, qualified medical professionals, representatives of the department of labor and industries or the department of retirement systems, the department's personnel manager or designee, the assistant director for the enforcement program or designee and, at the claimant's expense, a licensed, qualified medical professional of the claimant's choosing. The department will bear the cost of convening this panel with the exception of any costs associated with the medical professional chosen by the claimant. The panel will provide a written recommendation to the director of the department. The director will make a final decision to either grant or not grant relief from active duty. The director's written decision will be provided to the claimant.
(7) If relief from active duty is granted, the department may require periodic reviews of the claimant's medical condition. Such review may include an independent medical examination. Notice of a scheduled examination will be provided via certified mail to the claimant at least thirty days prior to the scheduled exam. It is the claimant's responsibility to provide the department with the claimant's current address at all times that relief from active duty benefits are being paid. If the certified letter is returned, the claimant fails to attend any scheduled medical examination, or the claimant fails at any point to comply with department directions, the relief from active duty benefits may be discontinued. If a medical examination shows that the claimant is able to perform the essential functions of a fish and wildlife officer position, the claimant will be returned to active service and the relief from active duty benefits will be discontinued.
(8) If the relief from active duty request is denied or the benefits are discontinued for any reason, the claimant may file a written appeal with the director. An appeal must include a copy of any written communication from the department regarding the discontinuance, and must describe in detail the reason the relief from active duty benefits should again be provided. In making a decision on whether to renew payment of relief from active duty benefits, the director may review any information related to the on duty injury claim and may require an independent medical examination. The director's decision is final.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-101-050, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047. WSR 04-01-056 (Order 03-302), § 220-20-110, filed 12/11/03, effective 1/11/04.]



PDF220-101-060

Petitions—Form—Scheduling—Ruling.

Petitioners for declaratory rulings by the commission shall set forth the rule or statute brought into issue by the petition, the facts relied upon by the applicant, the prayer of the petitioner and shall generally conform to the form of complaints at law.
The petition shall be submitted to the director who may in his discretion place the petition on the agenda of the commission at one of its regular meetings and shall give reasonable notice to the petitioner of the time and place for hearing by the commission. Petitioner may appear and present argument to the commission at any such hearing.
The commission after hearing, shall issue a binding declaratory rule, a nonbinding declaratory rule or notify the petitioner that no declaratory rule is to be issued.
The director shall notify the petitioner of action taken with reference to the petition.
[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-101-060, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.040. WSR 81-12-029 (Order 165), § 232-12-221, filed 6/1/81. Formerly WAC 232-12-480.]