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AGO 1956 No. 333 - October 23, 1956
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Don Eastvold | 1953-1956 | Attorney General of Washington

LOG PATROL LICENSE

Log patrol licenses may be issued only to those persons operating floating equipment.

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                                                                October 23, 1956

Honorable L. T. Webster
Supervisor of Forestry
Department of Conservation & Development
Olympia, Washington                                                                                      Cite as:  AGO 55-57 No. 333

Dear Sir:

            By letter previously acknowledged you have requested an official opinion from this office on the following question:

            May the supervisor of forestry issue a log patrol license to a person operating land equipment in the recovery of logs?

            Our answer to this question is in the negative.

                                                                     ANALYSIS

            RCW 76.40.030 provides in substance that before any person may engage in log patrol activities he must have an existing license from the state therefor.  This section further provides that the application for such a license must contain the name and address of the applicant; the name, type and size offloating equipment to be used, etc.

            Further along in the section it is stated that each application shall be accompanied by a remittance of one hundred dollars for each boat to be used or operated in such activities by the licensee or his agent.

            Unfortunately our supreme court has not yet interpreted this statute, so we have nothing to guide us from our own state court.  However, since the statute in one part refers to floating equipment and later prescribes the fees that shall accompany the application for each boat, we think it  [[Orig. Op. Page 2]] is clear that the statute authorizes the issuance of a log patrol license only to those persons using floating equipment, and that there is no authority contained in the law as presently written that would authorize the supervisor of forestry to issue a log patrol license to a person operating only land equipment.

            We trust the foregoing will be of assistance to you.

Very truly yours,

DON EASTVOLD
Attorney General


ROY C. FOX
Assistant Attorney General

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