AN ACT Relating to game farms; amending RCW 77.08.010, 77.08.030, 77.12.030, 77.16.020, 77.32.010, 77.32.211, 82.08.0294, and 82.12.0294; adding a new section to chapter 46.16 RCW; adding a new chapter to Title 15 RCW; repealing RCW 77.12.570, 77.12.580, 77.12.590, and 77.12.600; and prescribing penalties.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Director" means the director of agriculture.

(2) "Department" means the department of agriculture.

(3) "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 or facilities required to be registered under RCW 75.58.040.

NEW SECTION. Sec. 2. (1) A person who owns a game farm or who has a present right of possession of a game farm shall register with the department. The director shall develop and maintain a registration list of game farms. Registered game farms shall provide the department with production statistical data annually. The department shall provide the department of game with game farm registration and statistical data.

(2) The director shall establish by rule a disease control and inspection program for controlling diseases, parasites, and other maladies on game farms. The objective of the program shall be preventing, controlling, and eradicating the maladies that threaten the operation of game farms, wildlife not on game farms, or the public health.

The director shall adopt rules establishing an inspection fee. The fee shall be in an amount that will generate revenues equivalent to the costs incurred by the department in administering the program. All receipts from the fees shall be deposited in the general fund.

(3) The director shall adopt rules prohibiting the importation or possession of deleterious exotic species by owners or operators of game farms.

(4) A violation of the requirements of this section, the rules adopted by the director under this section, or the rules of the director adopted under section 3 of this act constitutes a misdemeanor.

NEW SECTION. Sec. 3. The director shall adopt rules establishing the identification requirements for the transporting of game farm products as are necessary to permit the department of game to administer Title 77 RCW effectively.

Sec. 4. Section 77.08.010, chapter 36, Laws of 1955 as amended by section 9, chapter 78, Laws of 1980 and RCW 77.08.010 are each amended to read as follows:

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

(1) "Director" means the director of game.

(2) "Department" means the department of game.

(3) "Commission" means the state game 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 of this title, rules of the commission, 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 areas 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 areas or waters other than those established as an open season.

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

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

(14) "Game reserve" means a closed area where the commission has prohibited by rule hunting for all wild animals and wild birds.

(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. 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 rule of the commission that shall not be hunted or fished.

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

(21) "Game animals" means wild animals that shall not be hunted except as authorized by rule of the commission. "Game animals" does not mean animals held or raised on a game farm.

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

(23) "Game birds" means wild birds that shall not be hunted except as authorized by rule of the commission. "Game birds" does not mean birds held or raised on a game farm.

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

(25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated by rule of the commission 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, and the operation of which is registered with the department of agriculture under section 2 of this 1986 act. The term "game farm" does not include publicly owned facilities.

Sec. 5. Section 1, chapter 166, Laws of 1971 ex. sess. as amended by section 11, chapter 78, Laws of 1980 and RCW 77.08.030 are each amended to read as follows:

As used in this title or rules of the commission, "big game" means the following species:

@h0!tp1,1@56Scientific Name !tl@56Common Name

@h2!l !dsxx!ix!tr!ss1!ir*,1!ir3,2!ih2,3

!ae0!ed!dsyy

!ae0!ix!tl!ss1!il*,1!ih2,2!ed !gsxxCervus canadensis!gsyyelk or wapiti

!gsxxOdocoileus hemionus!gsyyblacktail deer or mule deer

!gsxxOdocoileus virginianus!gsyywhitetail deer

!gsxxAlces americana!gsyymoose

!gsxxOreamnos americanus!gsyymountain goat

!gsxxRangifer caribou!gsyycaribou

!gsxxOvis canadensis!gsyymountain sheep

!gsxxAntilocapra americana!gsyypronghorn antelope

!gsxxFelis concolor!gsyycougar or mountain lion

!gsxxEuarctos americana!gsyyblack bear

!gsxxUrsus horribilis!gsyygrizzly bear

"Big game" does not include animals held or raised on a game farm.

!ix

@h3

Sec. 6. Section 77.12.030, chapter 36, Laws of 1955 as last amended by section 2, chapter 240, Laws of 1984 and RCW 77.12.030 are each amended to read as follows:

(1) The commission may regulate the taking, possession, collection, distribution, importation, transportation, and sale of wildlife and deleterious exotic wildlife species except as provided in subsection (2) of this section.

(2) The provisions of this section do not authorize the regulation of game farms, game farm operations, or the sale or transportation of game farm products.

Sec. 7. Section 77.16.020, chapter 36, Laws of 1955 as last amended by section 196, chapter 3, Laws of 1983 and RCW 77.16.020 are each amended to read as follows:

(1) It is unlawful to hunt, fish, possess, or control a species of game bird, game animal, or game fish during the closed season for that species except as provided in RCW 77.12.105.

(2) It is unlawful to kill, take, catch, possess, or control these species in excess of the number fixed as the bag limit for each species.

(3) It is unlawful to hunt within a game reserve or to fish for game fish within closed waters.

(4) It is unlawful to hunt wild birds or wild animals within a closed area except as authorized by rule of the commission.

(5) It is unlawful to hunt or fish for wildlife, practice taxidermy for profit, deal in raw furs for profit, act as a fishing guide, ((~~or operate a game farm,~~)) stock game fish, or collect wildlife for research or display, without having in possession the license, permit, tag, stamp, or punchcard required by chapter 77.32 RCW or rule of the commission. The activities described in this subsection shall be conducted in accordance with rules of the commission.

Sec. 8. Section 77.32.010, chapter 36, Laws of 1955 as last amended by section 25, chapter 457, Laws of 1985 and RCW 77.32.010 are each amended to read as follows:

(1) Except as otherwise provided in this chapter, a license issued by the commission is required to:

(a) Hunt for wild animals or wild birds or fish for game fish;

(b) Practice taxidermy for profit;

(d) Act as a fishing guide;

(e) ((~~Operate a game farm;~~

~~(f)~~)) Purchase or sell anadromous game fish; or

((~~(g)~~)) (f) Use department-managed lands or facilities as provided by rule of the commission.

(2) A permit issued by the director is required to:

(a) Conduct, hold, or sponsor hunting or fishing contests or competitive field trials using live wildlife;

(b) Collect wild animals, wild birds, game fish, or protected wildlife for research or display; or

(3) Aquaculture as defined in RCW 15.85.020 is exempt from the requirements of this section, except when being stocked in public waters under contract with the department of game. The operation of a game farm as defined in RCW 77.08.010(26) is also exempt from the requirements of this section.

Sec. 9. Section 30, chapter 15, Laws of 1975 1st ex. sess. as last amended by section 5, chapter 464, Laws of 1985 and RCW 77.32.211 are each amended to read as follows:

(1) A taxidermy license allows the holder to practice taxidermy for profit. The fee for this license is one hundred fifty dollars.

(2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs for profit. The fee for this license is one hundred fifty dollars.

(3) A fishing guide license allows the holder to offer or perform the services of a professional guide in the taking of game fish. The fee for this license is one hundred fifty dollars for a resident and five hundred dollars for a nonresident.

(4) ((A game farm license allows the holder to operate a game farm to acquire, breed, grow, keep, and sell wildlife under conditions prescribed by the commission. The fee for this license is sixty dollars for the first year and forty dollars for each following year.

~~(5)~~)) A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the commission. The fee for this permit is twenty dollars.

((~~(6)~~)) (5) A hunting, fishing, or field trial permit allows the holder to promote, conduct, hold, or sponsor a hunting, fishing, or field trial contest in accordance with rules of the commission. The fee for this permit is twenty dollars.

((~~(7)~~)) (6) An anadromous game fish buyer's license allows the holder to purchase or sell steelhead trout and other anadromous game fish harvested by Indian fishermen lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the commission. The fee for this license is one hundred fifty dollars.

NEW SECTION. Sec. 10. A new section is added to chapter 46.16 RCW to read as follows:

The term "farm" as used in RCW 46.16.090 includes, but is not limited to, a game farm licensed under section 2 of this act. The term "farmer" as used in RCW 46.16.090 includes, but is not limited to, the owner or operator of a game farm.

Sec. 11. Section 3, chapter 148, Laws of 1985 and RCW 82.08.0294 are each amended to read as follows:

The tax levied by RCW 82.08.020 shall not apply to sales of feed to persons for use in the cultivating or raising for sale of fish entirely within confined rearing areas on the person's own land or on land in which the person has a present right of possession; or animals entirely within a game farm registered under section 2 of this 1986 act.

Sec. 12. Section 4, chapter 148, Laws of 1985 and RCW 82.12.0294 are each amended to read as follows:

The provisions of this chapter shall not apply in respect to the use of feed by persons for the cultivating or raising for sale of: (1) Fish entirely within confined rearing areas on the person's own land or on land in which the person has a present right of possession, or (2) animals entirely within a game farm registered under section 2 of this 1986 act.

NEW SECTION. Sec. 13. Sections 1 through 3 of this act shall constitute a new chapter in Title 15 RCW.

NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:

(1) Section 77.28.020, chapter 36, Laws of 1955, section 14, chapter 29, Laws of 1970 ex. sess., section 2, chapter 15, Laws of 1975 1st ex. sess., section 98, chapter 78, Laws of 1980, section 22, chapter 457, Laws of 1985 and RCW 77.12.570;

(2) Section 77.28.070, chapter 36, Laws of 1955, section 99, chapter 78, Laws of 1980 and RCW 77.12.580;

(3) Section 77.28.080, chapter 36, Laws of 1955, section 100, chapter 78, Laws of 1980, section 23, chapter 457, Laws of 1985 and RCW 77.12.590; and

(4) Section 77.28.090, chapter 36, Laws of 1955, section 101, chapter 78, Laws of 1980, section 24, chapter 457, Laws of 1985 and RCW 77.12.600.

NEW SECTION. Sec. 15. 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.