AN ACT Relating to the powers and duties of the director of the department of game; amending RCW 77.04.020, 77.04.030, 77.04.040, 77.04.060, 77.04.080, 77.04.090, 77.08.010, 77.08.020, 77.08.030, 77.12.010, 77.12.020, 77.12.030, 77.12.040, 77.12.055, 77.12.060, 77.12.070, 77.12.080, 77.12.090, 77.12.100, 77.12.105, 77.12.140, 77.12.150, 77.12.170, 77.12.200, 77.12.210, 77.12.220, 77.12.260, 77.12.265, 77.12.270, 77.12.280, 77.12.290, 77.12.300, 77.12.315, 77.12.320, 77.12.323, 77.12.325, 77.12.330, 77.12.370, 77.12.420, 77.12.450, 77.12.530, 77.12.560, 77.12.570, 77.12.580, 77.12.590, 77.16.010, 77.16.020, 77.16.040, 77.16.060, 77.16.080, 77.16.095, 77.16.110, 77.16.120, 77.16.130, 77.16.150, 77.16.180, 77.16.310, 77.16.320, 77.21.010, 77.21.020, 77.21.030, 77.21.040, 77.21.060, 77.21.070, 77.32.007, 77.32.010, 77.32.050, 77.32.070, 77.32.090, 77.32.155, 77.32.197, 77.32.211, 77.32.220, 77.32.256, 77.32.320, 77.32.350, 77.32.360, 77.32.370, 9.41.098, 42.17.2401, 43.17.020, 43.51.675, 43.51.955, 75.08.055, 90.03.247, 90.22.010, and 90.22.020; reenacting and amending RCW 77.12.201; creating a new section; providing an effective date; and declaring an emergency.

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

Sec. 1. Section 77.04.020, chapter 36, Laws of 1955 as amended by section 3, chapter 78, Laws of 1980 and RCW 77.04.020 are each amended to read as follows:

((~~The department of game consists of the state game commission and the director of game.~~)) The director is responsible for the administration and operation of the department. ((~~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 the commission~~)).

Sec. 2. Section 77.04.030, chapter 36, Laws of 1955 as last amended by section 11, chapter 338, Laws of 1981 and RCW 77.04.030 are each amended to read as follows:

The state game ((~~commission~~)) advisory council consists of six ((voters of the state. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate two 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 voter within sixty days to complete the term)) members appointed by the director. Terms shall be for two years. 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~~)) advisory council is at the administrative office of the department in Olympia.

Sec. 3. Section 77.04.040, chapter 36, Laws of 1955 as amended by section 5, chapter 78, Laws of 1980 and RCW 77.04.040 are each amended to read as follows:

The game advisory council is an advisory board to advise the director of game on wildlife policy for the state of Washington.

Persons eligible for appointment as members of the ((~~commission~~)) advisory council shall have general knowledge of the habits and distribution of wildlife and shall not hold another state, county, or municipal elective or appointive office.

Sec. 4. Section 77.04.060, chapter 36, Laws of 1955 as last amended by section 110, chapter 287, Laws of 1984 and RCW 77.04.060 are each amended to read as follows:

The ((~~commission~~)) game advisory council shall hold four regular meetings ((~~within the first ten days of January, April, July, and October of~~)) each year, and special meetings when called by the ((~~chairman or by four members. Four members constitute a quorum for the transaction of business~~)) director.

The ((~~commission~~)) advisory council at a meeting in each odd-numbered year shall elect one of its members as chairman and another member as vice chairman, each of whom shall serve for a term of two years or until a successor is elected and qualified.

((~~When a vacancy in the office of the director has occurred, the commission shall elect a director by approval of four members. The director shall hold office at the pleasure of the commission.~~))

Members of the ((~~commission~~)) advisory council shall be compensated in accordance with RCW 43.03.250. In addition, members are allowed their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060.

Sec. 5. Section 77.04.080, chapter 36, Laws of 1955 as amended by section 8, chapter 78, Laws of 1980 and RCW 77.04.080 are each amended to read as follows:

Persons eligible for appointment as director shall have practical knowledge of the habits and distribution of wildlife. The director shall receive the salary fixed by the governor under RCW 43.03.040.

((~~The director is the ex officio secretary of the commission and shall attend its meetings and keep a record of its business.~~))

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.

Sec. 6. Section 77.12.050, chapter 36, Laws of 1955 as last amended by section 1, chapter 240, Laws of 1984 and RCW 77.04.090 are each amended to read as follows:

The ((~~commission~~)) director shall adopt permanent rules and amendments to or repeals of existing rules ((~~by approval of four members by resolution, entered and recorded in the minutes of the commission. The commission shall adopt emergency rules by approval of four members~~)). The ((~~commission or the~~)) director, when adopting emergency rules under RCW 77.12.150, shall adopt rules in conformance with chapter 34.04 RCW. Judicial notice shall be taken of the rules filed and published as provided in RCW 34.04.040 and 34.04.050.

A copy of an emergency rule, certified as a true copy by ((~~a member of the commission,~~)) the director((,)) or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.

Sec. 7. 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~~)) director, unless the context clearly requires otherwise:

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

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

(3) "((~~Commission~~)) Council" means the state game ((~~commission~~)) advisory council.

(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~~)) director, 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~~)) director 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~~)) director 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~~)) director has prohibited by rule fishing for game fish.

(14) "Game reserve" means a closed area where the ((~~commission~~)) director 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~~)) director 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~~)) director that shall not be hunted or fished.

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

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

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

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

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

(25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated by rule of the ((~~commission~~)) director 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.

Sec. 8. Section 77.08.020, chapter 36, Laws of 1955 as last amended by section 10, chapter 78, Laws of 1980 and RCW 77.08.020 are each amended to read as follows:

As used in this title or rules of the ((~~commission~~)) director, "game fish" means those species of the class Osteichthyes that shall not be fished for except as authorized by rule of the ((~~commission~~)) director and includes:

@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 !gsxxAmbloplites rupestris!gsyyrock bass

!gsxxCoregonus clupeaformis!gsyylake white fish

!gsxxIctalurus furcatus!gsyyblue catfish

!gsxxIctalurus melas!gsyyblack bullhead

!gsxxIctalurus natalis!gsyyyellow bullhead

!gsxxIctalurus nebulosus!gsyybrown bullhead

!gsxxIctalurus punctatus!gsyychannel catfish

!gsxxLepomis cyanellus!gsyygreen sunfish

!gsxxLepomis gibbosus!gsyypumpkinseed

!gsxxLepomis gulosus!gsyywarmouth

!gsxxLepomis macrochirus!gsyybluegill

!gsxxLota lota!gsyyburbot or fresh water ling

!gsxxMicropterus dolomieui!gsyysmallmouth bass

!gsxxMicropterus salmoides!gsyylargemouth bass

!gsxxOncorhynchus nerka (in its!gsyykokanee or silver trout

!gsxx!sc ,002landlocked form)

!gsxxPerca flavescens!gsyyyellow perch

!gsxxPomixis annularis!gsyywhite crappie

!gsxxPomixis nigromaculatus!gsyyblack crappie

!gsxxProsopium williamsoni!gsyymountain white fish

!gsxxSalmo aquabonita!gsyygolden trout

!gsxxSalmo clarkii!gsyycutthroat trout

!gsxxSalmo gairdnerii!gsyyrainbow or steelhead trout

!gsxxSalmo salar!gsyyAtlantic salmon

!gsxxSalmo trutta!gsyybrown trout

!gsxxSalvelinus fontinalis!gsyyeastern brook trout

!gsxxSalvelinus malma!gsyyDolly Varden trout

!gsxxSalvelinus namaycush!gsyylake trout

!gsxxStizostedion vitreum!gsyyWalleye

!gsxxThymallus articus!gsyyarctic grayling

!te!ix

@h3!dsxx!ed!dsyy!ed

Sec. 9. 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~~)) director, "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

!ix

@h3

Sec. 10. Section 77.12.010, chapter 36, Laws of 1955 as last amended by section 12, chapter 78, Laws of 1980 and RCW 77.12.010 are each amended to read as follows:

Wildlife is the property of the state. The department shall preserve, protect, and perpetuate wildlife. Game animals, game birds, and game fish may be taken only at times or places, or in manners or quantities as in the judgment of the ((~~commission~~)) director maximizes public recreational opportunities without impairing the supply of wildlife.

Nothing contained herein shall be construed to infringe on the right of a private property owner to control the owner's private property.

Sec. 11. Section 77.12.020, chapter 36, Laws of 1955 as last amended by section 13, chapter 78, Laws of 1980 and RCW 77.12.020 are each amended to read as follows:

(1) The ((~~commission~~)) director shall investigate the habits and distribution of the various species of wildlife native to or adaptable to the habitats of the state. The ((~~commission~~)) director shall determine whether a species should be managed by the department and, if so, classify it under this section.

(2) The ((~~commission~~)) director may classify by rule wild animals as game animals and game animals as fur-bearing animals.

(3) The ((~~commission~~)) director may classify by rule wild birds as game birds or predatory birds. All wild birds not otherwise classified are protected wildlife.

(4) In addition to those species listed in RCW 77.08.020, the ((~~commission~~)) director may classify by rule as game fish other species of the class Osteichthyes that are commonly found in fresh water except those classified as food fish by the director of fisheries.

(5) If the ((~~commission~~)) director determines that a species of wildlife should not be hunted or fished, the ((~~commission~~)) director may designate it protected wildlife by rule.

(6) If the ((~~commission~~)) director determines that a species of wildlife is seriously threatened with extinction in the state of Washington, the ((~~commission~~)) director may designate it an endangered species by rule.

(7) If the ((~~commission~~)) director determines that a species of the animal kingdom not native to Washington is dangerous to the environment or wildlife of the state, the ((~~commission~~)) director may designate it deleterious exotic wildlife by rule.

Sec. 12. 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:

The ((~~commission~~)) director may regulate the taking, possession, collection, distribution, importation, transportation, and sale of wildlife and deleterious exotic wildlife species.

Sec. 13. Section 77.12.040, chapter 36, Laws of 1955 as last amended by section 3, chapter 240, Laws of 1984 and RCW 77.12.040 are each amended to read as follows:

The ((~~commission~~)) director shall adopt, amend, or repeal, and enforce reasonable rules prohibiting or governing the time, place, and manner of taking or possessing game animals, game birds, or game fish. The ((~~commission~~)) director may specify the quantities, species, sex, and size of game animals, game birds, or game fish that may be taken or possessed. The director may adopt emergency rules under RCW 77.12.150.

The ((~~commission~~)) director may establish by rule game reserves and closed areas where hunting for wild animals or wild birds may be prohibited and closed waters where fishing for game fish may be prohibited.

Sec. 14. Section 17, chapter 78, Laws of 1980 and RCW 77.12.055 are each amended to read as follows:

Jurisdiction and authority granted under RCW 77.12.060, 77.12.070, and 77.12.080 to the director, wildlife agents, and ex officio wildlife agents is limited to the laws and rules of the ((~~commission~~)) director pertaining to wildlife or to the management, operation, maintenance, or use of or conduct on real property used, owned, leased, or controlled by the department and other statutes as prescribed by the legislature.

Sec. 15. Section 77.12.060, chapter 36, Laws of 1955 as last amended by section 18, chapter 78, Laws of 1980 and RCW 77.12.060 are each amended to read as follows:

The director, wildlife agents, and ex officio wildlife agents may serve and execute warrants and process issued by the courts to enforce the law and rules of the ((~~commission~~)) director.

To enforce these laws or rules, they may call to their aid any ex officio wildlife agent or citizen and that person shall render aid.

Sec. 16. Section 77.12.070, chapter 36, Laws of 1955 as last amended by section 19, chapter 78, Laws of 1980 and RCW 77.12.070 are each amended to read as follows:

Wildlife agents and ex officio wildlife agents within their respective jurisdictions shall enforce the law and rules of the ((~~commission~~)) director.

Sec. 17. Section 77.12.080, chapter 36, Laws of 1955 as last amended by section 20, chapter 78, Laws of 1980 and RCW 77.12.080 are each amended to read as follows:

Wildlife agents and ex officio wildlife agents may arrest without warrant persons found violating the law or rules of the ((~~commission~~)) director.

Sec. 18. Section 77.12.090, chapter 36, Laws of 1955 as amended by section 21, chapter 78, Laws of 1980 and RCW 77.12.090 are each amended to read as follows:

Wildlife agents, and ex officio wildlife agents may make a reasonable search without warrant of conveyances, vehicles, packages, game baskets, game coats, or other receptacles for wildlife, or tents, camps, or similar places which they have reason to believe contain evidence of a violation of law or rules of the ((~~commission~~)) director.

Sec. 19. Section 77.12.100, chapter 36, Laws of 1955 as amended by section 23, chapter 78, Laws of 1980 and RCW 77.12.100 are each amended to read as follows:

Wildlife agents and ex officio wildlife agents may seize without warrant wildlife believed to have been unlawfully taken, killed, transported, or possessed, and articles or devices believed to have been unlawfully used or held with intent to unlawfully use in hunting or fishing. "Articles or devices," as used in this title or rules of the ((~~commission~~)) director, means things used to hunt, fish for, possess, or transport wildlife and includes boats, other vehicles, and fishing and hunting equipment.

Sec. 20. Section 77.16.030, chapter 36, Laws of 1955 as last amended by section 71, chapter 78, Laws of 1980 and RCW 77.12.105 are each amended to read as follows:

Except as otherwise provided in this title, a person who has lawfully acquired possession of wildlife and who desires to retain or transfer it may do so in accordance with the rules of the ((~~commission~~)) director.

Sec. 21. Section 77.12.140, chapter 36, Laws of 1955 as amended by section 28, chapter 78, Laws of 1980 and RCW 77.12.140 are each amended to read as follows:

The ((~~commission~~)) director may obtain by purchase, gift, or exchange and may sell or transfer wildlife and their eggs for stocking, research, or propagation.

Sec. 22. Section 77.12.150, chapter 36, Laws of 1955 as last amended by section 4, chapter 240, Laws of 1984 and RCW 77.12.150 are each amended to read as follows:

By emergency rule only, ((~~and in accordance with rules of the commission,~~)) the director may close or shorten a season for game animals, game birds, or game fish, and after a season has been closed or shortened, may reopen it and reestablish bag limits on game animals, game birds, or game fish during that season.

If the director finds that game animals have increased in numbers in an area of the state so that they are damaging public or private property or over-utilizing their habitat, the ((~~commission~~)) director may establish by rule a special hunting season and designate the time, area, and manner of taking and the number and sex of the animals that may be killed or possessed by a licensed hunter. The director shall determine by random selection the identity of hunters who may hunt within the area and shall determine the conditions and requirements of the selection process. The ((~~commission~~)) director shall include notice of the special season in the rules establishing open seasons.

Sec. 23. Section 334, chapter 258, Laws of 1984 and RCW 77.12.170 are each amended to read as follows:

(1) There is established in the state treasury the state game fund which consists of moneys received from:

(a) Rentals or concessions of the department;

(b) The sale of real or personal property held for department purposes;

(d) Fees for informational materials published by the department;

(e) Fees for personalized vehicle license plates as provided in chapter 46.16 RCW;

(f) Articles or wildlife sold by the ((~~commission~~)) department under this title;

(g) Compensation for wildlife losses or gifts or grants received under RCW 77.12.320; and

(h) Excise tax on anadromous game fish collected under chapter 82.27 RCW.

(2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state game fund.

Sec. 24. Section 77.12.200, chapter 36, Laws of 1955 as last amended by section 35, chapter 78, Laws of 1980 and RCW 77.12.200 are each amended to read as follows:

The ((~~commission~~)) director may acquire by gift, purchase, lease, or condemnation lands, buildings, waters, or other necessary property for purposes consistent with this title, together with rights of way for access to the property so acquired. Except to clear title and acquire access rights of way, the power of condemnation may be exercised by the ((~~commission~~)) director only when an appropriation has been made by the legislature for the acquisition of a specific property.

Sec. 25. Section 2, chapter 97, Laws of 1965 ex. sess. as last amended by section 1, chapter 214, Laws of 1984 and by section 335, chapter 258, Laws of 1984 and RCW 77.12.201 are each reenacted and amended to read as follows:

The legislative authority of a county may elect, by giving written notice to the director and the treasurer prior to January 1st of any year, to obtain for the following year an amount in lieu of real property taxes on game lands as provided in RCW 77.12.203. Upon the election, the county shall keep a record of all fines, forfeitures, reimbursements, and costs assessed and collected, in whole or in part, under this title for violations of law or rules of the ((~~commission~~)) director and shall monthly remit an amount equal to the amount collected to the state treasurer for deposit in the public safety and education account established under RCW 43.08.250. The election shall continue until the department is notified differently prior to January 1st of any year.

Sec. 26. Section 77.12.210, chapter 36, Laws of 1955 as last amended by section 38, chapter 78, Laws of 1980 and RCW 77.12.210 are each amended to read as follows:

The ((~~commission~~)) director shall maintain and manage real or personal property owned, leased, or held by the department and shall control the construction of buildings, structures, and improvements in or on the property. The ((~~commission~~)) director may adopt rules for the operation, maintenance, and use of and conduct on the property.

The ((~~commission~~)) director may sell timber, gravel, sand, and other materials or products from real property held by the department. The ((~~commission~~)) director may sell or lease the departments' real or personal property or grant concessions or rights of way for roads or utilities in the property.

If the ((~~commission~~)) director determines that real or personal property held by the department cannot be used advantageously by the department, the ((~~commission~~)) director may dispose of that property if it is in the public interest.

If the state acquired real property with use limited to specific purposes, the director may negotiate terms for the return of the property to the donor or grantor. Other real property shall be sold to the highest bidder at public auction. After appraisal, notice of the auction shall be published at least once a week for two successive weeks in a newspaper of general circulation within the county where the property is located at least twenty days prior to sale.

Proceeds from the sales shall be deposited in the ((~~state treasury to be credited to the~~)) state game fund.

Sec. 27. Section 77.12.220, chapter 36, Laws of 1955 as amended by section 39, chapter 78, Laws of 1980 and RCW 77.12.220 are each amended to read as follows:

For purposes of this title, the ((~~commission~~)) director may make agreements to obtain real or personal property or to transfer or convey property held by the state to the United States or its agencies or instrumentalities, political subdivisions of this state, public service companies, or other persons, if in the judgment of the ((~~commission~~)) director and the attorney general the transfer and conveyance is consistent with public interest.

If the ((~~commission~~)) director agrees to a transfer or conveyance under this section or to a sale or return of real property under RCW 77.12.210, it shall certify, with the attorney general, to the governor that the agreement has been made. The certification shall describe the real property. The governor then may execute and the secretary of state attest and deliver to the appropriate entity or person the instrument necessary to fulfill the agreement.

Sec. 28. Section 77.12.260, chapter 36, Laws of 1955 as amended by section 43, chapter 78, Laws of 1980 and RCW 77.12.260 are each amended to read as follows:

The ((~~commission~~)) director may make written agreements to prevent damage to private property by wildlife. The department may furnish money, material, or labor under these agreements.

Sec. 29. Section 77.16.230, chapter 36, Laws of 1955 as amended by section 91, chapter 78, Laws of 1980 and RCW 77.12.265 are each amended to read as follows:

The owner or tenant of real property may trap or kill on that property wild animals or wild birds, other than an endangered species, that is damaging crops, domestic animals, fowl, or other property. Except in emergency situations, deer, elk, and protected wildlife shall not be killed without a permit issued and conditioned by the director.

Wildlife trapped or killed under this section remains the property of the state, and the person trapping or killing the wildlife shall notify the department immediately. The ((~~commission~~)) director may specify by rule the disposition of wildlife so taken.

For purposes of this section, "crop" means an agricultural or horticultural product growing or harvested and excludes wild shrubs and range land vegetation.

Sec. 30. Section 77.12.270, chapter 36, Laws of 1955 as last amended by section 45, chapter 78, Laws of 1980 and RCW 77.12.270 are each amended to read as follows:

The ((~~commission~~)) director may compromise, adjust, settle, and pay claims for damages caused by deer or elk in accordance with RCW 77.12.280 through 77.12.300. Payments for claims shall not exceed one thousand dollars. The payment of a claim by the ((~~commission~~)) director constitutes full and final payment for the claim.

Sec. 31. Section 77.12.280, chapter 36, Laws of 1955 as last amended by section 46, chapter 78, Laws of 1980 and RCW 77.12.280 are each amended to read as follows:

(1) Claims under RCW 77.12.270 not exceeding one thousand dollars may be filed with the director of financial management if within one year of filing with the ((~~commission~~)) director of game the claim is not settled and paid. Claims shall conform to the tort claim filing requirements in RCW 4.92.100 as now or hereafter amended. The director of financial management shall recommend to the legislature whether the claim should be approved. If the legislature approves the claim, the department shall pay it from moneys appropriated for that purpose.

(2) If a claim for damages under RCW 77.12.270 has been refused or has not been settled and paid by the ((~~commission~~)) director within one hundred twenty days of the filing of the claim, either the claimant or the ((~~commission~~)) director may serve upon the other personally or by registered mail a notice of intent to arbitrate. The notice shall contain the name of an arbitrator. Within ten days of receiving the notice, the person served shall serve the name of an arbitrator personally or by registered mail upon the other party. The two arbitrators, within seven days of the naming of the second arbitrator, shall select a third arbitrator who shall not be an employee of the department ((~~or member of the commission~~)). If the two arbitrators cannot agree upon a third arbitrator, either party may petition the superior court in the county in which the claim arose to select the third arbitrator. Upon receiving the petition, the court shall appoint a third arbitrator. Filing fees or court costs arising from the petition shall be shared equally by the claimant and the department.

(3) The award of the arbitrators is advisory only and shall be filed with the department within ninety days following the naming of the third arbitrator. Payment shall not be made by the ((~~commission~~)) director until the arbitrators have made their advisory award.

Sec. 32. Section 77.12.290, chapter 36, Laws of 1955 as last amended by section 47, chapter 78, Laws of 1980 and RCW 77.12.290 are each amended to read as follows:

Claims for damages under RCW 77.12.270 shall be filed in writing with the ((~~commission~~)) department in its office within ninety days following the discovery of the claimed damage. Failure to file the claim within the ninety-day period shall bar payment of damages. Payments shall not be made for damages occurring on lands leased by the claimant from a public agency.

Sec. 33. Section 77.12.300, chapter 36, Laws of 1955 as last amended by section 48, chapter 78, Laws of 1980 and RCW 77.12.300 are each amended to read as follows:

The ((~~commission~~)) director may adopt rules requiring and prescribing the form of affidavits to be furnished in proof of claims and specifying the time for examining and appraising the damages. The ((~~commission~~)) director may refuse to consider and pay claims of persons who have posted the property on which the claimed damages occurred against hunting during the season prior to the occurrence of the damages.

Sec. 34. Section 1, chapter 183, Laws of 1971 ex. sess. as amended by section 49, chapter 78, Laws of 1980 and RCW 77.12.315 are each amended to read as follows:

If the director determines that a severe problem exists in an area of the state because deer and elk are being pursued, harassed, attacked or killed by dogs, the ((~~commission~~)) director may declare by emergency rule that an emergency exists and specify the area where it is lawful for wildlife agents to take into custody or destroy the dogs if necessary. Wildlife agents who take into custody or destroy a dog pursuant to this section are immune from civil or criminal liability arising from their actions.

Sec. 35. Section 77.12.320, chapter 36, Laws of 1955 as last amended by section 50, chapter 78, Laws of 1980 and RCW 77.12.320 are each amended to read as follows:

(1) The ((~~commission~~)) director may make agreements with persons, political subdivisions of this state, or the United States or its agencies or instrumentalities, regarding wildlife-oriented recreation and the propagation, protection, conservation, and control of wildlife.

(2) The ((~~commission~~)) director may make written agreements with the owners or lessees of real or personal property to provide for the use of the property for wildlife-oriented recreation. The ((~~commission~~)) director may adopt rules governing the conduct of persons in or on the real property.

(3) The ((~~commission~~)) director may accept compensation for wildlife losses or gifts or grants of personal property for use by the department.

Sec. 36. Section 15, chapter 10, Laws of 1982 and RCW 77.12.323 are each amended to read as follows:

(1) There is established in the state game fund a special wildlife account. Moneys received under RCW 77.12.320 as now or hereafter amended as compensation for wildlife losses shall be deposited in the state treasury to be credited to the special wildlife account.

(2) The ((~~commission~~)) director may advise the state treasurer and the state investment board of a surplus in the special wildlife account above the current needs. The state investment board may invest and reinvest the surplus, as the ((~~commission~~)) director deems appropriate, in an investment authorized by RCW 43.84.150 or in securities issued by the United States government as defined by RCW 43.84.080 (1) and (4). Income received from the investments shall be deposited to the credit of the special wildlife account.

Sec. 37. Section 2, chapter 315, Laws of 1959 as amended by section 52, chapter 78, Laws of 1980 and RCW 77.12.325 are each amended to read as follows:

The ((~~commission~~)) director may cooperate with the Oregon fish and wildlife commission in the adoption of rules to assure an annual yield of wildlife on the Columbia river and to prevent the taking of wildlife at places or times that might endanger wildlife.

Sec. 38. Section 77.12.330, chapter 36, Laws of 1955 as amended by section 53, chapter 78, Laws of 1980 and RCW 77.12.330 are each amended to read as follows:

The ((~~commission~~)) director may establish by rule exclusive fishing waters for minors within specified ages.

Sec. 39. Section 77.12.370, chapter 36, Laws of 1955 as amended by section 55, chapter 78, Laws of 1980 and RCW 77.12.370 are each amended to read as follows:

Prior to the forwarding of a request needing endorsement under RCW 77.12.360, the ((~~commission~~)) department shall present the request to the legislative authority of the county in which the lands are located for its approval. The legislative authority, before acting on the request, may call a public hearing. The hearing shall take place within thirty days after presentation of the request to the legislative authority.

The ((~~commission~~)) department shall publish notice of the public hearing called by the legislative authority in a newspaper of general circulation within the county at least once a week for two successive weeks prior to the hearing. The notice shall contain a copy of the request and the time and place of the hearing.

The chairman of the county legislative authority shall preside at the public hearing. The proceedings shall be informal and all persons shall have a reasonable opportunity to be heard.

Within ten days after the hearing, the county legislative authority shall endorse its decision on the request for withdrawal. The decision is final and not subject to appeal.

Sec. 40. Section 77.12.420, chapter 36, Laws of 1955 as amended by section 59, chapter 78, Laws of 1980 and RCW 77.12.420 are each amended to read as follows:

The ((~~commission~~)) department may spend moneys to improve natural growing conditions for fish by constructing fishways, installing screens, removing obstructions to migratory fish, and eradicating undesirable fish. The ((~~commission~~)) director may enter into cooperative agreements with state, county, municipal, and federal agencies, and with private individuals for these purposes.

Sec. 41. Section 1, chapter 62, Laws of 1967 as amended by section 62, chapter 78, Laws of 1980 and RCW 77.12.450 are each amended to read as follows:

The ((~~commission~~)) director may cooperate with the Idaho fish and game commission in the adoption and enforcement of rules regarding wildlife on that portion of the Snake river forming the boundary between Washington and Idaho.

Sec. 42. Section 67, chapter 78, Laws of 1980 and RCW 77.12.530 are each amended to read as follows:

The ((~~commission~~)) director shall adopt rules governing the time, place, and manner of holding hunting and fishing contests and competitive field trials involving live wildlife for hunting dogs. The ((~~commission~~)) director shall prohibit contests and field trials that are not in the best interests of wildlife.

Sec. 43. Section 77.40.060, chapter 36, Laws of 1955 as amended by section 127, chapter 78, Laws of 1980 and RCW 77.12.560 are each amended to read as follows:

The ((~~commission~~)) director may adopt rules regarding the use of the tidelands as shooting grounds.

Sec. 44. Section 77.28.020, chapter 36, Laws of 1955 as last amended by section 98, chapter 78, Laws of 1980 and RCW 77.12.570 are each amended to read as follows:

The ((~~commission~~)) director shall adopt rules specifying the procedures, qualifications, and conditions for issuing a game farm license and governing the operation of game farms.

Sec. 45. Section 77.28.070, chapter 36, Laws of 1955 as amended by section 99, chapter 78, Laws of 1980 and RCW 77.12.580 are each amended to read as follows:

A licensed game farmer may purchase, sell, give away, or dispose of the eggs of game birds or game fish lawfully possessed as provided by rule of the ((~~commission~~)) director.

Sec. 46. Section 77.28.080, chapter 36, Laws of 1955 as amended by section 100, chapter 78, Laws of 1980 and RCW 77.12.590 are each amended to read as follows:

Wildlife given away, sold, or transferred by a licensed game farmer shall have attached to each wildlife member, package, or container, a tag, seal, or invoice as required by rule of the ((~~commission~~)) director.

Sec. 47. Section 77.16.010, chapter 36, Laws of 1955 as amended by section 69, chapter 78, Laws of 1980 and RCW 77.16.010 are each amended to read as follows:

It is unlawful to promote, conduct, hold, or sponsor a contest for the hunting or fishing of wildlife or a competitive field trial involving live wildlife for hunting dogs without first obtaining a hunting or fishing contest permit. Contests and field trials shall be held in accordance with rules of the ((~~commission~~)) director.

Sec. 48. 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~~)) director.

(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~~)) director. The activities described in this subsection shall be conducted in accordance with rules of the ((~~commission~~)) director.

Sec. 49. Section 77.16.040, chapter 36, Laws of 1955 as last amended by section 72, chapter 78, Laws of 1980 and RCW 77.16.040 are each amended to read as follows:

Except as authorized by law or rule of the ((~~commission~~)) director, it is unlawful to bring into this state, offer for sale, sell, possess, exchange, buy, transport, or ship wildlife or articles made from an endangered species. It is unlawful for a common or contract carrier knowingly to ship or receive for shipment wildlife or articles made from an endangered species.

Sec. 50. Section 77.16.060, chapter 36, Laws of 1955 as amended by section 74, chapter 78, Laws of 1980 and RCW 77.16.060 are each amended to read as follows:

It is unlawful to lay, set, or use a net or other device capable of taking game fish in the waters of this state except as authorized by rule of the ((~~commission~~)) director of game or director of fisheries. Game fish taken incidental to a lawful season established by the director of fisheries shall be returned immediately to the water.

A landing net may be used to land fish otherwise legally hooked.

Sec. 51. Section 77.16.080, chapter 36, Laws of 1955 as amended by section 76, chapter 78, Laws of 1980 and RCW 77.16.080 are each amended to read as follows:

It is unlawful to lay, set, or use a drug, explosive, poison, or other deleterious substance that may endanger, injure, or kill wildlife except as authorized by law or rule of the ((~~commission~~)) director.

Sec. 52. Section 78, chapter 78, Laws of 1980 and RCW 77.16.095 are each amended to read as follows:

It is unlawful to mutilate wildlife so that the size, species, or sex cannot be determined visually in the field or while being transported. The ((~~commission~~)) director may prescribe specific criteria for field identification to satisfy this section.

Sec. 53. Section 77.16.110, chapter 36, Laws of 1955 as amended by section 80, chapter 78, Laws of 1980 and RCW 77.16.110 are each amended to read as follows:

It is unlawful to carry firearms, other hunting weapons, or traps or to allow directly or negligently a dog upon a game reserve, except on public highways or as authorized by rule of the ((~~commission~~)) director.

Sec. 54. Section 77.16.120, chapter 36, Laws of 1955 as amended by section 81, chapter 78, Laws of 1980 and RCW 77.16.120 are each amended to read as follows:

Except as authorized by rule of the ((~~commission~~)) director, it is unlawful to hunt, fish for, possess, or control protected wildlife, or endangered species or to destroy or possess the nests or eggs of game birds or protected wildlife.

Sec. 55. Section 77.16.130, chapter 36, Laws of 1955 as amended by section 82, chapter 78, Laws of 1980 and RCW 77.16.130 are each amended to read as follows:

It is unlawful to resist or obstruct wildlife agents or ex officio wildlife agents in the discharge of their duties while enforcing the law or rules of the ((~~commission~~)) director.

Sec. 56. Section 77.16.150, chapter 36, Laws of 1955 as amended by section 83, chapter 78, Laws of 1980 and RCW 77.16.150 are each amended to read as follows:

Except as authorized by rule of the ((~~commission~~)) director, it is unlawful to release wildlife or to plant aquatic plants or their seeds within the state.

Sec. 57. Section 77.16.180, chapter 36, Laws of 1955 as amended by section 86, chapter 78, Laws of 1980 and RCW 77.16.180 are each amended to read as follows:

It is unlawful to remove, possess, or damage printed matter or signs placed by authority of the ((~~commission~~)) director.

Sec. 58. Section 1, chapter 127, Laws of 1979 ex. sess. as last amended by section 4, chapter 310, Laws of 1981 and RCW 77.16.310 are each amended to read as follows:

It is unlawful to purchase, obtain, or possess or to attempt to purchase or obtain a license, permit, or tag required by this title:

(1) By using false information; or

(2) After notice of the revocation or forfeiture of an existing license, permit, or tag, except that a person may purchase a license that does not grant the privilege that was revoked; or

(3) In excess of one license, permit, tag, stamp, or punchcard for a license year except as authorized by RCW 77.32.256 or other law or rule of the ((~~commission~~)) director.

Sec. 59. Section 1, chapter 44, Laws of 1980 as amended by section 5, chapter 310, Laws of 1981 and RCW 77.16.320 are each amended to read as follows:

Except as authorized by law or rule of the ((~~commission~~)) director, it is unlawful to hunt, offer for sale, sell((~~[,]~~)), possess, exchange, buy, transport, or ship an albino wild animal.

Sec. 60. Section 77.16.240, chapter 36, Laws of 1955 as last amended by section 1, chapter 31, Laws of 1982 and RCW 77.21.010 are each amended to read as follows:

(1) A person violating RCW 77.16.040, 77.16.050, 77.16.060, 77.16.080, 77.16.210, 77.16.220, 77.16.310, 77.16.320, or 77.32.211, or committing a violation of RCW 77.16.020 or 77.16.120 involving big game or an endangered species is guilty of a gross misdemeanor and shall be punished by a fine of not less than two hundred fifty dollars and not more than one thousand dollars or by imprisonment in the county jail for not less than thirty days and not more than one year or by both the fine and imprisonment. Each subsequent violation within a five-year period of RCW 77.16.040, 77.16.050, or 77.16.060, or of RCW 77.16.020 or 77.16.120 involving big game or an endangered species, as defined by the ((~~Washington state~~)) director of game ((~~commission~~)) under the authority of RCW 77.04.090, shall be prosecuted and punished as a class C felony as defined in RCW 9A.20.020. In connection with each such felony prosecution, the director shall provide the court with an inventory of all articles or devices seized under this title in connection with the violation. Inventoried articles or devices shall be disposed of pursuant to RCW 77.21.040.

(2) A person violating or failing to comply with this title or a rule of the ((~~commission~~)) director for which no penalty is otherwise provided is guilty of a misdemeanor and shall be punished for each offense by a fine of not less than twenty-five dollars or by imprisonment for not more than ninety days in the county jail or by both the fine and imprisonment.

(3) Persons convicted of a violation shall pay the costs of prosecution and the penalty assessment in addition to the fine or imprisonment.

(4) The unlawful killing, taking, or possession of each wildlife member constitutes a separate offense.

(5) District courts have jurisdiction concurrent with the superior courts of misdemeanors and gross misdemeanors committed in violation of this title or rules of the ((~~commission~~)) director and may impose the punishment provided for these offenses. Superior courts have jurisdiction over felonies committed in violation of this title.

Sec. 61. Section 1, chapter 6, Laws of 1975 1st ex. sess. as amended by section 124, chapter 78, Laws of 1980 and RCW 77.21.020 are each amended to read as follows:

In addition to other penalties provided by law, the director shall revoke the hunting license of a person who is convicted of a violation of RCW 77.16.020 involving big game or RCW 77.16.050. Forfeiture of bail twice during a five-year period for these violations constitutes the basis for a revocation under this section.

A hunting license shall not be issued to the person for two years from the revocation ((~~unless the commission authorizes the issuance~~)).

A person who has had a license revoked or has been denied issuance pursuant to this section or RCW 77.21.030, may appeal the decision as provided in chapter 34.04 RCW.

Sec. 62. Section 77.32.280, chapter 36, Laws of 1955 as amended by section 123, chapter 78, Laws of 1980 and RCW 77.21.030 are each amended to read as follows:

The director shall revoke the hunting license of a person who shoots another person or domestic livestock while hunting. A hunting license shall not be issued to that person unless the ((~~commission~~)) director authorizes the issuance of a license, and damages caused by the wrongful shooting have been paid.

Sec. 63. Section 77.12.110, chapter 36, Laws of 1955 as amended by section 25, chapter 78, Laws of 1980 and RCW 77.21.040 are each amended to read as follows:

(1) In addition to other penalties provided by law, a court may forfeit, for the use of the ((~~commission~~)) department, wildlife seized under this title and proven, in either a criminal or civil action, to have been unlawfully taken, killed, transported, or possessed and articles or devices seized under this title and proven, in either a criminal or civil action, to have been unlawfully used or held with intent to unlawfully use. Unless forfeited by the court, the department shall return an item seized under this title to its owner after the completion of the case and all fines have been paid. If the owner of a seized item cannot be found, the court may forfeit that item after summons has been served by publication as in civil actions and a hearing has been held.

(2) Wildlife unlawfully taken or possessed remains the property of the state.

(3) The ((~~commission~~)) department may sell articles or devices seized and forfeited under this title by the court at public auction. The time, place, and manner of holding the sale ((~~is within the discretion of the commission~~)) shall be determined by the director. The director shall publish notice of the sale once a week for at least two consecutive weeks prior to the sale in at least one newspaper of general circulation in the county in which the sale is to be held. Proceeds from the sales shall be deposited in the state treasury to be credited to the state game fund.

Sec. 64. Section 77.32.260, chapter 36, Laws of 1955 as amended by section 122, chapter 78, Laws of 1980 and RCW 77.21.060 are each amended to read as follows:

Upon conviction of a violation of this title or rule of the ((~~commission~~)) director, the court may forfeit a license, in addition to other penalties provided by law. Upon subsequent conviction, the forfeiture of the license is mandatory. The ((~~commission~~)) director may prohibit by rule issuance of a license to a person convicted two or more times or prescribe the conditions for subsequent issuance of a license.

Sec. 65. Section 3, chapter 8, Laws of 1983 1st ex. sess. as amended by section 336, chapter 258, Laws of 1984 and RCW 77.21.070 are each amended to read as follows:

(1) Whenever a person is convicted of illegal hunting or possession of wildlife listed in this subsection, the convicting court shall order the person to reimburse the state in the following amounts for each animal killed or possessed:

!tp1 @i2!sc ,4(a) Moose, antelope, mountain sheep, mountain goat, and all wildlife species classified as endangered by rule of the ((~~commission~~)) director!w×!tr$1,000

@i2!sc ,4(b) Elk, deer, black bear, and cougar!w×!tr$500

(2) For the purpose of this section, the term "convicted" includes a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, and the payment of a fine.

(3) If two or more persons are convicted of illegally hunting or possessing wildlife listed in this section, the reimbursement amount shall be imposed upon them jointly and separately.

(4) The reimbursement amount provided in this section shall be imposed in addition to and regardless of any penalty, including fines, or costs, that is provided for violating any provision of Title 77 RCW. The reimbursement required by this section shall be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect. Nothing in this section may be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.

(5) A defaulted reimbursement or any installment payment thereof may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including vacation of a deferral of sentencing or of a suspension of sentence.

Sec. 66. Section 8, chapter 240, Laws of 1984 and RCW 77.32.007 are each amended to read as follows:

For the purposes of this chapter "special hunting season" means a hunting season established by rule of the ((~~commission~~)) director for the purpose of taking specified wildlife under a special hunting permit.

Sec. 67. Section 77.32.010, chapter 36, Laws of 1955 as last amended by section 2, chapter 284, Laws of 1983 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~~)) department 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) Use department-managed lands or facilities as provided by rule of the ((~~commission~~)) director.

(2) A permit issued by the ((~~director~~)) department 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

Sec. 68. Section 77.32.050, chapter 36, Laws of 1955 as last amended by section 16, chapter 310, Laws of 1981 and RCW 77.32.050 are each amended to read as follows:

Licenses, permits, tags, stamps, and punchcards required by this chapter shall be issued under the authority of the ((~~commission~~)) department. The ((~~commission~~)) director may authorize department personnel, county auditors, or other reputable citizens to issue licenses, permits, tags, stamps, and punchcards and collect the appropriate fees. The authorized persons shall pay on demand or before the tenth day of the following month the fees collected and shall make reports as required by the ((~~commission~~)) director. The ((~~commission~~)) director may adopt rules for issuing licenses, permits, tags, stamps, and punchcards, collecting and paying fees, and making reports.

Sec. 69. Section 77.32.070, chapter 36, Laws of 1955 as last amended by section 18, chapter 310, Laws of 1981 and RCW 77.32.070 are each amended to read as follows:

Applicants for a license, permit, tag, stamp, or punchcard shall furnish the information required by rule of the ((~~commission~~)) director. The ((~~commission~~)) director may adopt rules requiring licensees or permittees to keep records and make reports concerning the taking of wildlife.

Sec. 70. Section 77.32.090, chapter 36, Laws of 1955 as last amended by section 19, chapter 310, Laws of 1981 and RCW 77.32.090 are each amended to read as follows:

The ((~~commission~~)) director may adopt rules pertaining to the form, period of validity, use, possession, and display of licenses, permits, tags, stamps, and punchcards required by this chapter.

Sec. 71. Section 1, chapter 17, Laws of 1957 as last amended by section 21, chapter 310, Laws of 1981 and RCW 77.32.155 are each amended to read as follows:

When purchasing a hunting license, persons under the age of eighteen shall present certification of completion of a course of instruction of at least six hours in the safe handling of firearms, safety, conservation, and sportsmanship.

The ((~~commission~~)) director may establish a program for training persons in the safe handling of firearms, conservation, and sportsmanship and may cooperate with the National Rifle Association, organized sportsmen's groups, or other public or private organizations.

The ((~~commission~~)) director shall prescribe the type of instruction and the qualifications of the instructors.

Upon successful completion of the course, a trainee shall receive a hunter education certificate signed by an authorized instructor. The certificate is evidence of compliance with this section.

The director may accept certificates from other states that persons have successfully completed firearm safety, hunter education, or similar courses as evidence of compliance with this section.

Sec. 72. Section 1, chapter 43, Laws of 1977 as last amended by section 24, chapter 310, Laws of 1981 and RCW 77.32.197 are each amended to read as follows:

Persons purchasing a state trapping license for the first time shall present certification of completion of a course of instruction in safe, humane, and proper trapping techniques or pass an examination to establish that the applicant has the requisite knowledge.

The ((~~commission~~)) director shall establish a program for training persons in trapping techniques and responsibilities, including the use of trapping devices designed to painlessly capture or instantly kill. The ((~~commission~~)) director shall cooperate with national and state animal, humane, hunter education, and trapping organizations in the development of a curriculum. Upon successful completion of the course, trainees shall receive a trapper's training certificate signed by an authorized instructor. This certificate is evidence of compliance with this section.

Sec. 73. Section 30, chapter 15, Laws of 1975 1st ex. sess. as last amended by section 3, chapter 284, Laws of 1983 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 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 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 dollars for a resident and two hundred fifty 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~~)) director. The fee for this license is fifty dollars for the first year and thirty 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~~)) director. The fee for this permit is ten dollars.

(6) 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~~)) director. The fee for this permit is ten dollars.

(7) 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~~)) director. The fee for this license is one hundred dollars.

Sec. 74. Section 77.32.220, chapter 36, Laws of 1955 as last amended by section 4, chapter 284, Laws of 1983 and RCW 77.32.220 are each amended to read as follows:

Licensed taxidermists, fur dealers, anadromous game fish buyers, fishing guides, game farmers, and persons stocking game fish or conducting a hunting, fishing, or field trial contest shall make reports as required by rules of the ((~~commission~~)) director.

Sec. 75. Section 32, chapter 15, Laws of 1975 1st ex. sess. as last amended by section 30, chapter 310, Laws of 1981 and RCW 77.32.256 are each amended to read as follows:

The ((~~commission~~)) director shall by rule establish the conditions for issuance of duplicate licenses, permits, tags, stamps, and punchcards required by this chapter. The fee for a duplicate provided under this section is five dollars.

Sec. 76. Section 8, chapter 310, Laws of 1981 and RCW 77.32.320 are each amended to read as follows:

(1) A separate transport tag is required to hunt deer, elk, bear, cougar, sheep, mountain goat, or wild turkey.

(2) A transport tag may only be obtained subsequent to the purchase of a valid hunting license and must have permanently affixed to it the hunting license number and the supplemental stamp appropriate for the species being hunted.

(3) Persons who kill deer, elk, bear, cougar, mountain goat, sheep, moose, or wild turkey shall immediately validate and attach their own transport tag to the carcass as provided by rule of the ((~~commission~~)) director.

(4) Transport tags required by this section expire on March 31st following the date of issuance.

Sec. 77. Section 12, chapter 310, Laws of 1981 as amended by section 6, chapter 240, Laws of 1984 and RCW 77.32.350 are each amended to read as follows:

(1) A hound stamp is required to hunt wild animals with a dog. The fee for this stamp is six dollars.

(2) An upland game bird stamp is required to hunt for quail, partridge, and pheasant in areas designated by rule of the ((~~commission~~)) director. The fee for this stamp is six dollars.

(3) An archery stamp is required to hunt with a bow and arrow during seasons established exclusively for hunting in that manner. The fee for this stamp is six dollars.

(4) A muzzleloading firearm stamp is required to hunt with a muzzleloading firearm during seasons established exclusively for hunting in that manner. The fee for this stamp is six dollars.

(5) A falconry stamp is required to hunt with a falcon during seasons established exclusively for hunting in that manner. The fee for this stamp is fifteen dollars.

(6) To be valid, stamps required under this section shall be permanently affixed to the licensee's appropriate hunting or fishing license.

(7) Stamps required by this section expire on March 31st following the date of issuance except for hound stamps, which expire December 31st following the date of issuance.

Sec. 78. Section 13, chapter 310, Laws of 1981 and RCW 77.32.360 are each amended to read as follows:

(1) A steelhead punchcard is required to fish for steelhead trout. The fee for this punchcard is five dollars.

(2) Persons possessing steelhead trout shall immediately validate their punchcard as provided by rule of the ((~~commission~~)) director.

(3) Steelhead punchcards required under this section expire April 30th following the date of issuance.

(4) An upland bird punchcard is required to hunt for quail, partridge, and pheasant in areas designated by rule of the ((~~commission~~)) director. The fee for this punchcard is twelve dollars and fifty cents.

(5) Persons killing quail, partridge, and pheasant shall immediately validate their punchcard as provided by rule of the ((~~commission~~)) director.

(6) Upland bird punchcards required under this section expire March 31st following the date of issuance.

Sec. 79. Section 14, chapter 310, Laws of 1981 as amended by section 7, chapter 240, Laws of 1984 and RCW 77.32.370 are each amended to read as follows:

(1) A special hunting season permit is required to hunt in each special season established under chapter 77.12 RCW.

(2) Persons may apply for special hunting season permits as provided by rule of the ((~~commission~~)) director.

(3) The application fee to participate in a special hunting season is two dollars.

Sec. 80. Section 6, chapter 232, Laws of 1983 and RCW 9.41.098 are each amended to read as follows:

(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:

(a) Found concealed on a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute defense to forfeiture if the person possessed a valid Washington concealed pistol license within the preceding two years and has not become ineligible for a concealed pistol license in the interim. Before the firearm may be returned, the person must pay the past due renewal fee and the current renewal fee;

(b) Commercially sold to any person without an application as required by RCW 9.41.090;

(c) Found in the possession or under the control of a person at the time the person committed or was arrested for committing a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the uniform controlled substances act, chapter 69.50 RCW;

(d) Found concealed on a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, having 0.10 percent or more by weight of alcohol in his blood, as shown by chemical analysis of his breath, blood, or other bodily substance;

(e) Found in the possession of a person prohibited from possessing the firearm under RCW 9.41.040;

(f) Found in the possession of a person free on bail or personal recognizance pending trial, appeal, or sentencing for a crime of violence or a crime in which a firearm was used or displayed, except that violations of Title 77 RCW shall not result in forfeiture under this section;

(g) Found in the possession of a person found to have been mentally incompetent while in possession of a firearm when apprehended or who is thereafter committed pursuant to chapter 10.77 or 71.05 RCW;

(h) Known to have been used or displayed by a person in the violation of a proper written order of a court of general jurisdiction; or

(i) Known to have been used in the commission of a crime of violence or a crime in which a firearm was used or displayed or a felony violation of the uniformed controlled substances act, chapter 69.50 RCW.

(2) Upon order of forfeiture, the court in its discretion shall order destruction of any firearm that is illegal for any person to possess, retention of the firearm as evidence, appropriate use by a law enforcement agency in the state, donation to a historical museum, or sale at a public auction to a commercial seller. The proceeds from any sale shall be divided as follows: The local jurisdiction shall retain its costs, including actual costs of storage and sale, and shall forward the remainder to the state department of game ((~~commission~~)) for use in its firearms training program pursuant to RCW 77.32.155. If the court orders delivery to a law enforcement agency and the agency no longer requires use of the firearm, the agency shall dispose of the firearm in a manner which is consistent with this subsection.

(3) The court shall order the firearm returned to the owner upon a showing that there is no probable cause to believe a violation of subsection (1) of this section existed or the firearm was stolen from the owner or the owner neither had knowledge of nor consented to the act or omission involving the firearm which resulted in its forfeiture.

(4) A law enforcement officer of the state or of any county or municipality may confiscate a firearm found to be in the possession of a person under circumstances specified in subsection (1) of this section. After confiscation, the firearm shall not be surrendered except: (a) To the prosecuting attorney for use in subsequent legal proceedings; (b) for disposition according to an order of a court having jurisdiction as provided in subsection (1) of this section; or (c) to the owner if the proceedings are dismissed or as directed in subsection (3) of this section.

Sec. 81. Section 2, chapter 34, Laws of 1984 and RCW 42.17.2401 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 financial management, the director of personnel, the director of ((~~the planning and community affairs agency~~)) community development, the director of the state system of community colleges, the executive director of the data processing authority, the executive secretary of the forest ((~~practice[s]~~)) practices appeals board, the director of the gambling commission, the director of the higher education personnel board, the secretary of transportation, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the administrator of the interagency committee for outdoor recreation, the director of parks and recreation, the executive secretary of the board of prison terms and paroles, the administrator of the public disclosure commission, the director of retirement systems, the secretary of the utilities and transportation commission, the executive secretary of the board of tax appeals, the secretary of the state finance committee, 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) Each member of the state board for community college education, data processing authority, forest practices board, forest practices appeals board, gambling commission, game ((~~commission~~)) advisory council, higher education personnel board, transportation commission, horse racing commission, human rights commission, board of industrial insurance appeals, liquor control board, interagency committee for outdoor recreation, parks and recreation commission, personnel board, personnel appeals board, board of prison terms and paroles, public disclosure commission, public employees' retirement system board, public pension commission, University of Washington board of regents, Washington State University board of regents, board of tax appeals, teachers' retirement system board of trustees, Central Washington University board of trustees, Eastern Washington University board of trustees, The Evergreen State College board of trustees, Western Washington University board of trustees, board of trustees of each community college, state housing finance commission, and the utilities and transportation commission.

Sec. 82. Section 2, chapter 10, Laws of 1979 as last amended by section 13, chapter 125, Laws of 1984 and RCW 43.17.020 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 game, (7) the secretary of transportation, (8) the director of licensing, (9) the director of general administration, (10) the director of commerce and economic development, (11) the director of veterans affairs, (12) the director of revenue, (13) the director of retirement systems, (14) the secretary of corrections, and (15) the director of community development.

Such officers, except the secretary of transportation ((~~and the director of game~~)), shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. 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. The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041((~~, and the director of game shall be appointed by the game commission~~)).

Sec. 83. Section 6, chapter 120, Laws of 1967 as last amended by section 109, chapter 3, Laws of 1983 and RCW 43.51.675 are each amended to read as follows:

Nothing in RCW 43.51.650 through 43.51.685 shall be construed to interfere with the powers, duties and authority of the department of fisheries to regulate the conservation or taking of food fish and shellfish. Nor shall anything in RCW 43.51.650 through 43.51.685 be construed to interfere with the powers, duties and authority of the state department of game ((~~or the state game 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. 84. Section 10, chapter 75, Laws of 1977 ex. sess. and RCW 43.51.955 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 game ((~~or the state game 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. 85. Section 75.16.060, chapter 12, Laws of 1955 as amended by section 12, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.055 are each amended to read as follows:

(1) The director and the ((~~state~~)) director of game ((~~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 ((~~state~~)) director of game ((~~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. 86. Section 1, chapter 166, Laws of 1979 ex. sess. as amended by section 46, chapter 87, Laws of 1980 and RCW 90.03.247 are each amended to read as follows:

Whenever an application for a permit to make beneficial use of public waters is approved relating to a stream or other water body for which minimum flows or levels have been adopted and are in effect at the time of approval, the permit shall be conditioned to protect the levels or flows. No agency may establish minimum flows and levels or similar water flow or level restrictions for any stream or lake of the state other than the department of ecology whose authority to establish is exclusive, as provided in chapter 90.03 RCW and RCW 90.22.010 and 90.54.040. The provisions of other statutes, including but not limited to RCW 75.20.100 and chapter 43.21C RCW, may not be interpreted in a manner that is inconsistent with this section. In establishing such minimum flows, levels, or similar restrictions, the department shall, during all stages of development by the department of ecology of minimum flow proposals, consult with, and carefully consider the recommendations of, the department of fisheries, the ((~~state~~)) department of game ((~~commission~~)), the state energy office, the department of agriculture, and representatives of the affected Indian tribes. Nothing herein shall preclude the department of fisheries, the department of game ((~~commission~~)), the energy office, or the department of agriculture from presenting its views on minimum flow needs at any public hearing or to any person or agency, and the department of fisheries, the department of game ((~~commission~~)), the energy office, and the department of agriculture are each empowered to participate in proceedings of the federal energy regulatory commission and other agencies to present its views on minimum flow needs. The department of ecology shall file with the speaker of the house of representatives and the president of the senate on the first day of each regular session of the legislature during an odd-numbered year a report as to the implementation of its minimum flow setting program.

Sec. 87. Section 3, chapter 284, Laws of 1969 ex. sess. and RCW 90.22.010 are each amended to read as follows:

The department of water resources may establish minimum water flows or levels for streams, lakes or other public waters for the purposes of protecting fish, game, birds or other wildlife resources, or recreational or aesthetic values of said public waters whenever it appears to be in the public interest to establish the same. In addition, the department of water resources shall, when requested by the department of fisheries or the department of game ((~~commission~~)) to protect fish, game or other wildlife resources under the jurisdiction of the requesting state agency, or by the water pollution control commission to preserve water quality, establish such minimum flows or levels as are required to protect the resource or preserve the water quality described in the request. Any request submitted by the department of fisheries, department of game ((~~commission~~)), or ((~~water pollution control commission~~)) department of ecology shall include a statement setting forth the need for establishing a minimum flow or level. This section shall not apply to waters artificially stored in reservoirs, provided that in the granting of storage permits by the department of ((~~water resources~~)) ecology in the future, full recognition shall be given to downstream minimum flows, if any there may be, which have theretofore been established hereunder.

Sec. 88. Section 4, chapter 284, Laws of 1969 ex. sess. as amended by section 384, chapter 7, Laws of 1984 and RCW 90.22.020 are each amended to read as follows:

Flows or levels authorized for establishment under RCW 90.22.010, or subsequent modification thereof by the department shall be provided for through the adoption of rules. Before the establishment or modification of a water flow or level for any stream or lake or other public water, the department shall hold a public hearing in the county in which the stream, lake, or other public water is located. If it is located in more than one county the department shall determine the location or locations therein and the number of hearings to be conducted. Notice of the hearings shall be given by publication in a newspaper of general circulation in the county or counties in which the stream, lake, or other public waters is located, once a week for three consecutive weeks before the hearing. The notice shall include the following:

(1) The name of the stream, lake, or other water source under consideration;

(2) The proposed levels or flows to be established, if the department has made a determination before the hearing;

(3) The place and time of the hearing;

(4) A statement that any person, including any private citizen or public official, may present his views either orally or in writing.

Notice of the hearing shall also be served upon the administrators of the departments of fisheries, social and health services, ((~~and~~)) natural resources, ((~~the~~)) game ((~~commission~~)), and ((~~the department of~~)) transportation.

NEW SECTION. Sec. 89. All rules and all pending business before the game commission shall be continued and acted upon by the department of game.

NEW SECTION. Sec. 90. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985.