BP BHEAD INT S

AN ACT Relating to fish and wildlife; amending RCW 43.17.010, 43.17.020, 42.17.2401, 43.51.955, 75.08.014, 75.08.055, 77.04.020, 77.04.030, 77.04.055, 77.08.010, 77.12.103, and 77.12.710; reenacting and amending RCW 75.08.011; adding a new section to chapter 75.08 RCW; adding a new section to chapter 77.04 RCW; adding a new section to chapter 77.12 RCW; creating new sections; repealing RCW 75.08.014, 77.04.020, and 77.04.080; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Perpetuation of fish and wildlife in Washington requires clear, efficient, streamlined, scientific management from a single state fish and wildlife agency. Combining the existing departments of fisheries and of wildlife into that one unified agency will save money. It will focus existing funds for the greatest protection of species and stocks. It will bring combined resources to bear on securing, managing, and enhancing habitats. It will simplify licensing. It will amplify research. It will increase field staff. It will magnify enforcement of laws and regulations. It will provide all fishers, hunters, and observers of fish and wildlife with a single source of consistent policies, procedures, and access.

NEW SECTION. Sec. 2. A new section is added to chapter 75.08 RCW to read as follows:

The department of fisheries is hereby abolished and its powers, duties, and functions are hereby transferred to the department of fish and wildlife. All references to the director or department of fisheries in the Revised Code of Washington shall be construed to mean the director or department of fish and wildlife.

NEW SECTION. Sec. 3. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of fisheries shall be delivered to the custody of the department of fish and wildlife. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of fisheries shall be made available to the department of fish and wildlife. All funds, credits, or other assets held by the department of fisheries shall be assigned to the department of fish and wildlife.

Any appropriations made to the department of fisheries shall, on the effective date of this section, be transferred and credited to the department of fish and wildlife.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 4. All employees of the department of fisheries are transferred to the jurisdiction of the department of fish and wildlife. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of fish and wildlife to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 5. All rules and all pending business before the department of fisheries shall be continued and acted upon by the department of fish and wildlife. All existing contracts and obligations shall remain in full force and shall be performed by the department of fish and wildlife.

NEW SECTION. Sec. 6. The transfer of the powers, duties, functions, and personnel of the department of fisheries shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 7. A new section is added to chapter 77.04 RCW to read as follows:

The department of wildlife is hereby abolished and its powers, duties, and functions are hereby transferred to the department of fish and wildlife. All references to the director or department of wildlife in the Revised Code of Washington shall be construed to mean the director or department of fish and wildlife.

NEW SECTION. Sec. 8. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of wildlife shall be delivered to the custody of the department of fish and wildlife. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of wildlife shall be made available to the department of fish and wildlife. All funds, credits, or other assets held by the department of wildlife shall be assigned to the department of fish and wildlife.

Any appropriations made to the department of wildlife shall, on the effective date of this section, be transferred and credited to the department of fish and wildlife.

NEW SECTION. Sec. 9. All employees of the department of wildlife are transferred to the jurisdiction of the department of fish and wildlife. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of fish and wildlife to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 10. All rules and all pending business before the department of wildlife shall be continued and acted upon by the department of fish and wildlife. All existing contracts and obligations shall remain in full force and shall be performed by the department of fish and wildlife.

NEW SECTION. Sec. 11. The transfer of the powers, duties, functions, and personnel of the department of wildlife shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 12. If apportionments of budgeted funds are required because of the transfers directed by sections 3 through 6 and 8 through 11 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 13. Nothing contained in sections 2 through 12 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

Sec. 14. RCW 43.17.010 and 1989 1st ex.s. c 9 s 810 are each amended to read as follows:

There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of ((~~fisheries, (6) the department of wildlife, (7)~~)) fish and wildlife, (6) the department of transportation, ((~~(8)~~)) (7) the department of licensing, ((~~(9)~~)) (8) the department of general administration, ((~~(10)~~)) (9) the department of trade and economic development, ((~~(11)~~)) (10) the department of veterans affairs, ((~~(12)~~)) (11) the department of revenue, ((~~(13)~~)) (12) the department of retirement systems, ((~~(14)~~)) (13) the department of corrections, ((~~(15)~~)) (14) the department of community development, and ((~~(16)~~)) (15) the department of health, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.

Sec. 15. RCW 43.17.020 and 1989 1st ex.s. c 9 s 811 are each amended to read as follows:

There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of ((~~fisheries, (6) the director of wildlife, (7)~~)) fish and wildlife, (6) the secretary of transportation, ((~~(8)~~)) (7) the director of licensing, ((~~(9)~~)) (8) the director of general administration, ((~~(10)~~)) (9) the director of trade and economic development, ((~~(11)~~)) (10) the director of veterans affairs, ((~~(12)~~)) (11) the director of revenue, ((~~(13)~~)) (12) the director of retirement systems, ((~~(14)~~)) (13) the secretary of corrections, ((~~(15)~~)) (14) the director of community development, and ((~~(16)~~)) (15) the secretary of health.

Such officers, except the secretary of transportation, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. ((~~The director of wildlife, however, shall be appointed according to the provisions of RCW 77.04.080.~~)) If a vacancy occurs while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate. A temporary director of fish and wildlife shall not serve more than one year. The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.

Sec. 16. RCW 42.17.2401 and 1991 c 200 s 404 are each amended to read as follows:

For the purposes of RCW 42.17.240, the term "executive state officer" includes:

(1) The chief administrative law judge, the director of agriculture, the administrator of the office of marine safety, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community development, the secretary of corrections, the director of ecology, the commissioner of employment security, the chairman of the energy facility site evaluation council, the director of the energy office, the secretary of the state finance committee, the director of financial management, the director of fisheries, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the director of the higher education personnel board, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the director of trade and economic development, the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the director of wildlife, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;

(2) Each professional staff member of the office of the governor;

(3) Each professional staff member of the legislature; and

(4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges ((~~education~~)), state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, higher education coordinating board, higher education facilities authority, higher education personnel board, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, liquor control board, lottery commission, marine oversight board, oil and gas conservation committee, Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, personnel board, board of pilotage [commissioners], pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, state employees' benefits board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.

Sec. 17. RCW 43.51.955 and 1987 c 506 s 93 are each amended to read as follows:

Nothing in RCW 43.51.946 through 43.51.956 shall be construed to interfere with the powers, duties, and authority of the state department of fish and wildlife or the state fish and wildlife commission to regulate, manage, conserve, and provide for the harvest of wildlife within such area: PROVIDED, HOWEVER, That no hunting shall be permitted in any state park.

Sec. 18. RCW 75.08.011 and 1990 c 63 s 6 and 1990 c 35 s 3 are each reenacted and amended to read as follows:

As used in this title or rules of the director, unless the context clearly requires otherwise:

(1) "Director" means the director of ((~~fisheries~~)) fish and wildlife.

(2) "Department" means the department of ((~~fisheries~~)) fish and wildlife.

(3) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations.

(4) "Fisheries patrol officer" means a person appointed and commissioned by the director, with authority to enforce this title, rules of the director, and other statutes as prescribed by the legislature. Fisheries patrol officers are peace officers.

(5) "Ex officio fisheries patrol officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fisheries patrol officer" also includes wildlife agents, special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

(6) "To fish" and "to take" and their derivatives mean an effort to kill, injure, harass, or catch food fish or shellfish.

(7) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

(8) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

(9) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

(10) "Resident" means a person who has for the preceding ninety days maintained a permanent abode within the state, has established by formal evidence an intent to continue residing within the state, and is not licensed to fish as a resident in another state.

(11) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

(12) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that shall not be fished for except as authorized by rule of the director. The term "food fish" includes all stages of development and the bodily parts of food fish species.

(13) "Shellfish" means those species of marine and freshwater invertebrates that shall not be taken except as authorized by rule of the director. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

(14) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:

Scientific Name Common Name

Oncorhynchus tshawytscha Chinook salmon

Oncorhynchus kisutch Coho salmon

Oncorhynchus keta Chum salmon

Oncorhynchus gorbuscha Pink salmon

Oncorhynchus nerka Sockeye salmon

(15) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.

(16) "To process" and its derivatives mean preparing or preserving food fish or shellfish.

(17) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.

(18) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel to which are attached no more than two single hooks or one artificial bait with no more than four multiple hooks.

(19) "Open season" means those times, manners of taking, and places or waters established by rule of the director for the lawful fishing, taking, or possession of food fish or shellfish. "Open season" includes the first and last days of the established time.

(20) "Emerging commercial fishery" means any commercial fishery:

(a) For food fish or shellfish so designated by rule of the director, except that no species harvested under a license limitation program contained in chapter 75.30 RCW may be designated as a species in an emerging commercial fishery.

(b) Which will include, subject to the limitation in (a) of this subsection, all species harvested for commercial purposes as of June 7, 1990, and the future commercial harvest of all other species in the waters of the state of Washington.

(21) "Experimental fishery permit" means a permit issued by the director to allow the recipient to engage in an emerging commercial fishery.

Sec. 19. RCW 75.08.014 and 1983 1st ex.s. c 46 s 6 are each amended to read as follows:

The director ((~~of fisheries~~)) shall supervise the administration and operation of the department ((~~of fisheries~~)) and perform the duties prescribed by law. The director may appoint and employ necessary personnel. The director may delegate, in writing, to department personnel the duties and powers necessary for efficient operation and administration of the department. The director may appoint advisory committees as the director deems appropriate to advise the director and assist in the effective administration of the department.

Only persons having general knowledge of the ((~~fisheries~~)) fish and wildlife resources and commercial and recreational fishing industry in this state are eligible for appointment as director. The director shall not have a financial interest in the fishing industry or a directly related industry.

Sec. 20. RCW 75.08.055 and 1987 c 506 s 94 are each amended to read as follows:

(1) The director, ((~~and the director of wildlife~~)) with the concurrence of the fish and wildlife commission, may enter into agreements with and receive funds from the United States for the construction, maintenance, and operation of fish cultural stations, laboratories, and devices in the Columbia River basin for improvement of feeding and spawning conditions for fish, for the protection of migratory fish from irrigation projects and for facilitating free migration of fish over obstructions.

(2) The director and the fish and wildlife commission may acquire by gift, purchase, lease, easement, or condemnation the use of lands where the construction or improvement is to be carried on by the United States.

Sec. 21. RCW 77.04.020 and 1987 c 506 s 4 are each amended to read as follows:

The department of fish and wildlife consists of the state fish and wildlife commission and the director of fish and wildlife. The director is responsible for the administration and operation of the department, subject to the provisions of this title. The commission may delegate to the director additional duties and powers necessary and appropriate to carry out this title. The director shall perform the duties prescribed by law and shall carry out the basic goals and objectives prescribed pursuant to RCW 77.04.055.

Sec. 22. RCW 77.04.030 and 1987 c 506 s 5 are each amended to read as follows:

The state fish and wildlife commission consists of six registered voters of the state. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate two registered voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a registered voter within sixty days to complete the term. Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. No two members may be residents of the same county. The legal office of the commission is at the administrative office of the department in Olympia.

Sec. 23. RCW 77.04.055 and 1990 c 84 s 2 are each amended to read as follows:

(1) In addition to any other duties and responsibilities, the commission shall establish, and periodically review with the governor and the legislature, the department's basic goals and objectives to preserve, protect, and perpetuate wildlife and wildlife habitat. The commission shall maximize hunting and fishing recreational opportunities.

(2) The commission shall establish hunting, trapping, and fishing seasons for game fish and prescribe the time, place, manner, and methods that may be used to harvest or enjoy wildlife and game fish.

Sec. 24. RCW 77.08.010 and 1989 c 297 s 7 are each amended to read as follows:

As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:

(1) "Director" means the director of fish and wildlife.

(2) "Department" means the department of fish and wildlife.

(3) "Commission" means the state fish and wildlife commission.

(4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

(5) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.

(6) "Ex officio wildlife agent" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries commission, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

(7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

(8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

(9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.

(10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish. "Open season" includes the first and last days of the established time.

(11) "Closed season" means all times, manners of taking, and places or waters other than those established as an open season.

(12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.

(13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

(14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

(15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

(16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified by the director ((~~of fisheries~~)) under Title 75 RCW. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

(17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

(18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

(19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

(20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

(21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

(22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

(23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

(24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

(25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

(26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

(27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

Sec. 25. RCW 77.12.103 and 1989 c 314 s 3 are each amended to read as follows:

(1) The burden of proof of any exemption or exception to seizure or forfeiture of personal property involved with wildlife offenses is upon the person claiming it.

(2) An authorized state, county, or municipal officer may be subject to civil liability under RCW 77.12.101 for willful misconduct or gross negligence in the performance of his or her duties.

(3) The director of fish and wildlife, the fish and wildlife commission, or the department of fish and wildlife may be subject to civil liability for their willful or reckless misconduct in matters involving the seizure and forfeiture of personal property involved with wildlife offenses.

Sec. 26. RCW 77.12.710 and 1990 c 110 s 2 are each amended to read as follows:

The legislature hereby directs the department of fish and wildlife to determine the feasibility and cost of doubling the state-wide game fish production by the year 2000. The department shall seek to equalize the effort and investment expended on anadromous and resident game fish programs. The department of fish and wildlife shall provide the legislature with a specific plan for legislative approval that will outline the feasibility of increasing game fish production by one hundred percent over current levels by the year 2000. The plan shall contain specific provisions to increase both hatchery and naturally spawning game fish to a level that will support the production goal established in this section consistent with fish and wildlife commission policies. Steelhead trout, searun cutthroat trout, resident trout, and warmwater fish producing areas of the state shall be included in the plan. The department of fish and wildlife shall provide the plan to the house of representatives and senate ways and means, environment and natural resources, environmental affairs, fisheries and wildlife, and natural resources committees by December 31, 1990.

The plan shall include the following critical elements:

(1) Methods of determining current catch and production, and catch and production in the year 2000;

(2) Methods of involving fishing groups, including Indian tribes, in a cooperative manner;

(3) Methods for using low capital cost projects to produce game fish as inexpensively as possible;

(4) Methods for renovating and modernizing all existing hatcheries and rearing ponds to maximize production capability;

(5) Methods for increasing the productivity of natural spawning game fish;

(6) Application of new technology to increase hatchery and natural productivity;

(7) Analysis of the potential for private contractors to produce game fish for public fisheries;

(8) Methods to optimize public volunteer efforts and cooperative projects for maximum efficiency;

(9) Methods for development of trophy game fish fisheries;

(10) Elements of coordination with the Pacific Northwest Power Council programs to ensure maximum Columbia river benefits;

(11) The role that should be played by private consulting companies in developing and implementing the plan;

(12) Coordination with federal fish and wildlife agencies, Indian tribes, and department of fisheries fish production programs;

(13) Future needs for game fish predator control measures;

(14) Development of disease control measures;

(15) Methods for obtaining access to waters currently not available to anglers; and

(16) Development of research programs to support game fish management and enhancement programs.

The department of fish and wildlife, in cooperation with the department of revenue, shall assess various funding mechanisms and make recommendations to the legislature in the plan. The department of fish and wildlife, in cooperation with the department of trade and economic development, shall prepare an analysis of the economic benefits to the state that will occur when the game fish production is increased by one hundred percent in the year 2000.

NEW SECTION. Sec. 27. A new section is added to chapter 77.12 RCW to read as follows:

Steelhead trout shall be managed solely as a recreational fishery for non-Indian fishermen under the rule setting authority of the fish and wildlife commission.

Commercial non-Indian steelhead fisheries are not authorized.

NEW SECTION. Sec. 28. The following acts or parts of acts are each repealed:

(1) RCW 75.08.014 and 1983 1st ex.s. c 46 s 6 & 1953 c 207 s 10;

(2) RCW 77.04.020 and 1987 c 506 s 4, 1980 c 78 s 3, & 1955 c 36 s 77.04.020; and

(3) RCW 77.04.080 and 1987 c 506 s 9, 1980 c 78 s 8, & 1955 c 36 s 77.04.080.

NEW SECTION. Sec. 29. On July 1, 1993, the state treasurer shall follow the recommendations of the director of financial management on the disbursement of funds from the state wildlife fund to the department of fish and wildlife for the purposes of funding programs for wildlife and game fish. Funds from the state wildlife fund shall be used only for the department of fish and wildlife after June 30, 1993.

NEW SECTION. Sec. 30. The department of fish and wildlife shall submit to the legislature before January 1, 1994, legislation necessary to carry out the purposes of this act.

NEW SECTION. Sec. 31. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 32. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.