AN ACT Relating to fisheries; amending RCW 75.08.011, 75.08.012, 75.08.014, 75.08.020, 75.08.025, 75.08.040, 75.08.045, 75.08.055, 75.08.065, 75.08.070, 75.08.080, 75.08.090, 75.08.110, 75.08.160, 75.08.206, 75.08.230, 75.08.265, 75.08.285, 75.10.010, 75.10.020, 75.10.030, 75.10.040, 75.10.050, 75.10.080, 75.10.100, 75.10.110, 75.10.120, 75.10.130, 75.10.140, 75.12.010, 75.12.015, 75.12.020, 75.12.070, 75.12.100, 75.12.115, 75.12.132, 75.12.410, 75.12.420, 75.12.650, 75.20.060, 75.20.061, 75.20.090, 75.24.030, 75.24.050, 75.24.060, 75.24.070, 75.24.080, 75.24.090, 75.24.100, 75.24.110, 75.24.120, 75.24.130, 75.25.080, 75.25.130, 75.28.030, 75.28.035, 75.28.110, 75.28.113, 75.28.255, 75.28.265, 75.28.280, 75.28.690, 75.30.050, 75.30.130, 75.30.140, 75.40.020, 75.40.040, 75.40.060, 75.44.110, 75.44.120, 75.44.130, 75.44.140, 75.48.090, 75.48.120, 43.220.140, 77.08.010, 77.12.020, 77.16.060, 79.96.030, 79.96.100, and 79.96.110; adding new sections to chapter 75.08 RCW; and creating a new section.

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

Sec. 1. Section 75.04.010, chapter 12, Laws of 1955 as last amended by section 4, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.011 are each amended to read as follows:

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

(1) "Commission" means the state fisheries commission.

(2) "Director" means the director of fisheries.

((~~(2)~~)) (3) "Department" means the department of fisheries.

((~~(3)~~)) (4) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations.

((~~(4)~~)) (5) "Fisheries patrol officer" means a person appointed and commissioned by the director, with authority to enforce this title, rules of the ((~~director~~)) commission, and other statutes as prescribed by the legislature. Fisheries patrol officers are peace officers.

((~~(5)~~)) (6) "Ex officio fisheries patrol officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fisheries patrol officer" also includes wildlife agents, special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

((~~(6)~~)) (7) "To fish" and "to take" and their derivatives mean an effort to kill, injure, harass, or catch food fish or shellfish.

((~~(7)~~)) (8) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

((~~(8)~~)) (9) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

((~~(9)~~)) (10) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

((~~(10)~~)) (11) "Resident" means a person who has for the preceding ninety days maintained a permanent abode within the state, has established by formal evidence an intent to continue residing within the state, and is not licensed to fish as a resident in another state.

((~~(11)~~)) (12) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

((~~(12)~~)) (13) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that shall not be fished for except as authorized by rule of the ((~~director~~)) commission. The term "food fish" includes all stages of development and the bodily parts of food fish species.

((~~(13)~~)) (14) "Shellfish" means those species of marine and freshwater invertebrates that shall not be taken except as authorized by rule of the ((~~director~~)) commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

((~~(14)~~)) (15) "Salmon" means species of the genus Oncorhynchus and includes:

!tp1,1,1 !tcScientific Name!tc!sc ,001Common Name

!trOncorhynchus tshawytscha!tlChinook salmon

!trOncorhynchus kisutch!tlCoho salmon

!trOncorhynchus keta!tlChum salmon

!trOncorhynchus gorbuscha!tlPink salmon

!trOncorhynchus nerka!tlSockeye salmon

((~~(15)~~)) (16) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.

((~~(16)~~)) (17) "To process" and its derivatives mean preparing or preserving food fish or shellfish.

((~~(17)~~)) (18) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.

((~~(18)~~)) (19) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel to which are attached no more than two single hooks or one artificial bait with no more than four multiple hooks.

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

The state fisheries commission shall consist of seven voters of the state with at least one member being from eastern Washington. No two members may be from the same county. The initial members shall be appointed by the governor, with the advice and consent of the senate, as follows: Three members for terms ending in January, 1987, two members for terms ending in January, 1989, and two members for terms ending in January, 1991. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate two or three voters, as appropriate, to the vacancies on 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 before the expiration of a term, the governor shall appoint a voter within sixty days to complete the term. The legal office of the commission is at the administrative office of the department in Olympia.

NEW SECTION. Sec. 3. A new section is added to chapter 75.08 RCW to read as follows:

Persons eligible for appointment as members of the commission shall have general knowledge of the fisheries resources and commercial and recreational fishing industry in this state and shall not hold another state, county, or municipal elective or appointive office.

NEW SECTION. Sec. 4. A new section is added to chapter 75.08 RCW to read as follows:

The commission shall hold regular meetings within the first ten days of January, April, July, and October of each year, and special meetings when called by the chairperson or by four members. Meetings shall be held throughout the state. Four members constitute a quorum for the transaction of business.

The commission at a meeting in each odd-numbered year shall elect one of its members as chairperson and another member as vice chairperson, 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 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 3, chapter 112, Laws of 1949 as last amended by section 5, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.012 are each amended to read as follows:

The department under the authority of the commission shall preserve, protect, perpetuate and manage the food fish and shellfish in state waters and offshore waters.

The department shall conserve the food fish and shellfish resources in a manner that does not impair the resource, as determined by the commission. In a manner consistent with this goal, the ((~~department~~)) commission shall seek to maintain the economic well-being and stability of the fishing industry in the state. The ((~~department~~)) commission shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state.

Sec. 6. Section 10, chapter 207, Laws of 1953 as amended by section 6, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.014 are each amended to read as follows:

The department of fisheries consists of the state fisheries commission and the director of fisheries. The director ((~~of fisheries~~)) shall supervise the administration and operation of the department of fisheries and perform the duties prescribed by law and the commission. The commission may delegate to the director additional duties and powers necessary and appropriate to carry out this title. 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.

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

Sec. 7. Section 75.08.020, chapter 12, Laws of 1955 as last amended by section 7, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.020 are each amended to read as follows:

(1) The ((~~director~~)) commission shall investigate the habits, supply, and economic use of food fish and shellfish in state and offshore waters.

(2) The ((~~director~~)) commission shall make an annual report to the governor on the operation of the department and the statistics of the fishing industry.

Sec. 8. Section 75.08.025, chapter 12, Laws of 1955 as amended by section 8, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.025 are each amended to read as follows:

The ((~~director~~)) commission may negotiate agreements with the United States department of defense to coordinate fishing in state waters over which the department of defense has assumed control.

Sec. 9. Section 75.08.040, chapter 12, Laws of 1955 as last amended by section 9, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.040 are each amended to read as follows:

The ((~~director~~)) commission may acquire by gift, easement, purchase, lease, or condemnation lands, water rights, and rights of way, and construct and maintain necessary facilities for purposes consistent with this title.

The ((~~director~~)) commission may sell, lease, convey, or grant concessions upon real or personal property under the control of the department.

Sec. 10. Section 75.16.050, chapter 12, Laws of 1955 as amended by section 11, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.045 are each amended to read as follows:

The ((~~director~~)) commission may accept money or real property from ((~~persons~~)) public or private sources under conditions requiring the use of the property or money for a specific purpose, or unrestricted as to use for the protection, rehabilitation, preservation, or conservation of the state food fish and shellfish resources, or in settlement of claims for damages to food fish and shellfish resources. Gifts received under conditions which require use for a specific purpose, and any income therefrom, may be expended by the commission according to the terms of the gifts. The ((~~director~~)) commission shall only accept real property useful for the protection, rehabilitation, preservation, or conservation of these fisheries resources.

Sec. 11. 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~~)) state fisheries commission and the state game commission, jointly or separately, 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~~)) state fisheries commission and the state game commission, jointly or separately, 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. 12. Section 75.16.070, chapter 12, Laws of 1955 as amended by section 13, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.065 are each amended to read as follows:

Upon authorization by the commission, the director may enter into contracts and agreements with a person to secure food fish or shellfish or for the construction, operation, and maintenance of facilities for the propagation of food fish or shellfish.

Sec. 13. Section 75.08.070, chapter 12, Laws of 1955 as amended by section 14, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.070 are each amended to read as follows:

Consistent with federal law, the ((~~director's~~)) commission's authority extends to all areas and waters within the territorial boundaries of the state, to the offshore waters, and to the concurrent waters of the Columbia river.

Consistent with federal law, the ((~~director's~~)) commission's authority extends to fishing in offshore waters by residents of this state.

The ((~~director~~)) commission may adopt rules consistent with the regulations adopted by the United States department of commerce for the offshore waters and other federal regulations relating to fish under the commission's jurisdiction. The ((~~director~~)) commission may adopt rules consistent with the recommendations or regulations of the Pacific marine fisheries commission, Columbia river compact, or international Pacific salmon fisheries commission as provided in chapter 75.40 RCW.

Sec. 14. Section 75.08.080, chapter 12, Laws of 1955 as last amended by section 15, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.080 are each amended to read as follows:

(1) The ((~~director~~)) commission may adopt, amend, or repeal rules as follows:

(a) Specifying the times when the taking of food fish or shellfish is lawful or unlawful.

(b) Specifying the areas and waters in which the taking and possession of food fish or shellfish is lawful or unlawful.

(c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take food fish or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed.

(d) Regulating the possession, disposal, landing, and sale of food fish or to take food fish or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed.

(d) Regulating the possession, disposal, landing, and sale of food fish or shellfish within the state, whether acquired within or without the state.

(e) Regulating the prevention and suppression of diseases and pests affecting food fish or shellfish.

(f) Regulating the size, sex, species, and quantities of food fish or shellfish that may be taken, possessed, sold, or disposed of.

(g) Specifying the statistical and biological reports required from fishermen, dealers, boathouses, or processors of food fish or shellfish.

(h) Classifying species of marine and freshwater life as food fish or shellfish.

(i) Classifying the species of food fish and shellfish that may be used for purposes other than human consumption.

(j) Rules consistent with federal regulations relating to fish under the commission's jurisdiction.

(k) Other rules necessary to carry out this title and the purposes and duties of the department.

(2) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to:

(a) Licensed oyster farms or oysters produced thereon; or

(b) Private tideland owners and lessees of state tidelands, when they take or possess oysters, clams, cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use.

Sec. 15. Section 75.08.090, chapter 12, Laws of 1955 as last amended by section 16, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.090 are each amended to read as follows:

(1) The commission 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. Rules of the commission, and emergency rules of the director under section 16 of this 1985 act, shall be adopted ((~~by the director or a designee~~)) in accordance with chapter 34.04 RCW.

(2) Rules of the commission and emergency rules of the director shall be admitted as evidence in the courts of the state when accompanied by an affidavit from the commission, director, or a designee certifying that the rule has been lawfully adopted and the affidavit is prima facie evidence of the adoption of the rule.

(3) The ((~~director~~)) commission may designate department employees to act on the commission's or the director's behalf in the adoption and certification of rules.

NEW SECTION. Sec. 16. A new section is added to chapter 75.08 RCW to read as follows:

By emergency rule adopted solely in response to exigent biological circumstances, and in accordance with the rules of the commission, the director may close or shorten, and may thereafter reopen, a season during which food fish or shellfish may be taken. After a season has been closed or shortened, the director may reopen it and reestablish limits on the size, sex, species, or quantities of food fish or shellfish that may be taken, possessed, sold, or disposed of, and may designate the areas and waters in which food fish or shellfish may be taken or possessed. For the purposes of this title, rules adopted under this section shall be considered rules of the commission.

Sec. 17. Section 75.08.110, chapter 12, Laws of 1955 as amended by section 17, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.110 are each amended to read as follows:

Provisions of this title or rules of the ((~~director~~)) commission shall not be printed in a pamphlet unless the pamphlet is clearly marked as an unofficial version. This section does not apply to printings approved by the ((~~director~~)) commission.

Sec. 18. Section 75.08.160, chapter 12, Laws of 1955 as amended by section 19, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.160 are each amended to read as follows:

The members of the commission, the director, fisheries patrol officers, ex officio fisheries patrol officers, and department employees may enter upon any land or waters and remain there while performing their duties without liability for trespass.

It is lawful for aircraft, as defined by the commission, which are operated by the department to land and take off from the beaches or waters of the state unless otherwise prohibited by law. It is unlawful for a person to interfere with the operation of these aircraft.

Sec. 19. Section 14, chapter 207, Laws of 1953 as last amended by section 20, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.206 are each amended to read as follows:

The ((~~director~~)) commission shall provide compensation insurance for fisheries patrol officers, insuring these employees against injury or death in the performance of enforcement duties not covered under the workers' compensation act of the state. The beneficiaries and the compensation and benefits under the compensation insurance shall be the same as provided in chapter 51.32 RCW, and the compensation insurance also shall provide for medical aid and hospitalization to the extent and amount as provided in RCW 51.36.010 and 51.36.020.

Sec. 20. Section 75.08.230, chapter 12, Laws of 1955 as last amended by section 332, chapter 258, Laws of 1984 and RCW 75.08.230 are each amended to read as follows:

(1) Except as provided in this section, state and county officers receiving the following moneys shall deposit them in the state general fund:

(a) The sale of licenses required under this title;

(b) The sale of property seized or confiscated under this title;

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

(e) Rentals or concessions of the department;

(f) Moneys received for damages to food fish, shellfish or department property; and

(g) Gifts, the use of which has not been restricted to a specific purpose by the donors.

(2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.

(3) All fines and forfeitures collected or assessed by a justice court for a violation of this title or rule of the ((~~director~~)) commission shall be remitted as provided in chapter 3.62 RCW.

(4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.

(5) Proceeds from the sale of salmon and salmon eggs by the department, to the extent these proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for hatchery operations partially or wholly financed by sources other than state general revenues or for purposes of processing human consumable salmon for disposal.

(6) Moneys received by the ((~~director~~)) commission under RCW 75.08.045, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.

Sec. 21. Section 2, chapter 251, Laws of 1981 as amended by section 27, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.265 are each amended to read as follows:

The director may issue permits to members of the Wanapum band of Indians to take salmon for ceremonial and subsistence purposes. The ((~~department~~)) commission shall establish the areas in which the permits are valid and shall regulate the times for and manner of taking the salmon. This section does not create a right to fish commercially.

Sec. 22. Section 75.16.030, chapter 12, Laws of 1955 as amended by section 29, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.285 are each amended to read as follows:

The ((~~director~~)) commission may prohibit the introduction, transportation or transplanting of food fish, shellfish, organisms, material, or other equipment which in the ((~~director's~~)) commission's judgment may transmit any disease or pests affecting food fish or shellfish.

Sec. 23. Section 75.08.150, chapter 12, Laws of 1955 as last amended by section 32, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.010 are each amended to read as follows:

Fisheries patrol officers and ex officio fisheries patrol officers within their respective jurisdictions, shall enforce this title, rules of the ((~~director~~)) commission, and other statutes as prescribed by the legislature.

Sec. 24. Section 75.08.170, chapter 12, Laws of 1955 as amended by section 33, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.020 are each amended to read as follows:

(1) Fisheries patrol officers may inspect and search without warrant a person, boat, fishing equipment, vehicle, conveyance, container, or property used in catching, processing, storing, or marketing food fish or shellfish which they have reason to believe contain evidence of violations of this title or rules of the ((~~director~~)) commission. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile.

(2) Fisheries patrol officers and ex officio fisheries patrol officers may arrest without warrant a person they have reason to believe is in violation of this title or rules of the ((~~director~~)) commission.

Sec. 25. Section 75.36.010, chapter 12, Laws of 1955 as amended by section 34, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.030 are each amended to read as follows:

Fisheries patrol officers and ex officio fisheries patrol officers may seize without warrant food fish or shellfish they have reason to believe have been taken, killed, transported, or possessed in violation of this title or rule of the ((~~director~~)) commission and may seize without warrant a boat, vehicle, gear, appliance, or other article they have reason to believe is held with intent to violate or has been used in violation of this title or rule of the ((~~director~~)) commission. The articles seized shall be subject to forfeiture to the state, regardless of ownership. Articles seized may be recovered by their owner by depositing into court a cash bond equal to the value of the seized articles but not more than five thousand dollars. The cash bond is subject to forfeiture to the state in lieu of the seized article.

Sec. 26. Section 75.08.200, chapter 12, Laws of 1955 as last amended by section 35, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.040 are each amended to read as follows:

(1) Fisheries patrol officers and ex officio fisheries patrol officers may serve and execute warrants and processes issued by the courts to enforce this title and rules of the ((~~director~~)) commission.

(2) To enforce this title or rules of the ((~~director~~)) commission, fisheries patrol officers may call to their aid any equipment, boat, vehicle, or airplane, or ex officio fisheries patrol officer.

(3) It is unlawful to knowingly or wilfully resist or obstruct a fisheries patrol officer in the discharge of the officer's duties.

Sec. 27. Section 75.08.280, chapter 12, Laws of 1955 as amended by section 36, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.050 are each amended to read as follows:

Violations of this title or rules of the ((~~director~~)) commission occurring in the offshore waters may be prosecuted in a county bordering on the Pacific Ocean, or a county in which the food fish or shellfish are landed.

Sec. 28. Section 75.36.050, chapter 12, Laws of 1955 as amended by section 39, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.080 are each amended to read as follows:

Upon authorization by the commission, the director may sell at public auction or destroy articles forfeited under this chapter. The time, place, and manner of sale shall be determined by the director. Notice of the time and place of sale shall be published 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.

Sec. 29. Section 24, chapter 112, Laws of 1949 as amended by section 41, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.100 are each amended to read as follows:

If the prosecuting attorney of the county in which a violation of this title or rule of the ((~~director~~)) commission occurs fails to file an information against the alleged violator, the attorney general upon request of the ((~~director~~)) commission may file an information in the superior court of the county and prosecute the case in place of the prosecuting attorney. The ((~~director~~)) commission may request prosecution by the attorney general if thirty days have passed since the ((~~director~~)) commission informed the county prosecuting attorney of the alleged violation.

Sec. 30. Section 75.08.260, chapter 12, Laws of 1955 as last amended by section 42, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.110 are each amended to read as follows:

(1) Unless otherwise provided for in this title, a person who violates this title or rules of the ((~~director~~)) commission or who aids or abets in the violation is guilty of a gross misdemeanor, and upon a conviction thereof shall be punished by imprisonment in the county jail of the county in which the offense is committed for not less than thirty days or more than one year, or by a fine of not less than twenty-five dollars or more than one thousand dollars, or by both such fine and imprisonment. Food fish or shellfish involved in the violation shall be forfeited to the state. The court may forfeit seized articles involved in the violation.

(2) A person taking or possessing salmon in violation of this title or rules of the ((~~director~~)) commission shall be punished by a fine in an amount not more than five thousand dollars if the salmon involved in the violation have a market value greater than two hundred fifty dollars. This fine is in addition to the punishment resulting under subsection (1) of this section.

Sec. 31. Section 75.28.380, chapter 12, Laws of 1955 as last amended by section 43, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.120 are each amended to read as follows:

(1) Upon conviction of a person for a violation of this title or rule ((~~of the director~~)) adopted under this title, in addition to the penalty imposed by law, the court may forfeit the person's license.

(2) The court shall forfeit the license: (a) Upon conviction for a violation of this title or rule ((~~of the director~~)) adopted under this title prescribing the length, depth, or construction of fishing gear, or (b) upon two or more convictions in a five-year period of any violation of this title or rule ((~~of the director~~)) adopted under this title. The license shall remain forfeited pending appeal.

(3) The ((~~director may~~)) commission shall prohibit the issuance of a license to a person convicted of two or more violations of this title or rule ((~~of the director~~)) adopted under this title in a five-year period or prescribe the conditions under which the license may be issued. The commission may revoke, suspend, or prohibit the issuance of any license under this title if it determines that a licensee or applicant intentionally violated this title or a rule adopted under this title. These licenses shall not be issued or reinstated without the approval of a majority of the commission after a hearing.

Sec. 32. Section 3, chapter 99, Laws of 1979 ex. sess. as amended by section 44, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.130 are each amended to read as follows:

Upon two or more convictions of a person in a five-year period for violating salmon fishing rules ((~~of the director~~)) adopted under this title which restrict fishing times or areas, the director shall deny all salmon fishing privileges and suspend all salmon fishing licenses of that person for a minimum of one year. A person may not avoid this penalty by transferring a commercial salmon fishing license.

For the purposes of this section, the term "conviction" means a final conviction in a state or municipal court. An unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt on a violation of this title is equivalent to a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.

Sec. 33. Section 7, chapter 141, Laws of 1979 ex. sess. as last amended by section 4, chapter 80, Laws of 1984 and RCW 75.10.140 are each amended to read as follows:

(1) In addition to the penalties prescribed in RCW 75.10.110 and 75.10.120, the director may revoke geoduck diver licenses or geoduck tract licenses held by a person if:

(a) Within a five-year period that person is convicted or has an unvacated bail forfeiture for two or more violations of this title or rules ((~~of the director~~)) adopted under this title relating to geoduck licensing or harvesting; or

(b) The department of natural resources suspended or canceled the lease or harvesting agreement under RCW 79.96.080.

(2) When a geoduck tract licensee permits a person to harvest geoducks on that tract, each violation by that person of this title or rules ((~~of the director~~)) adopted under this title relating to geoduck licensing or harvesting resulting in: (a) Conviction or unvacated forfeiture of bail; or (b) suspension or cancellation of the lease or harvesting agreement by the department of natural resources under RCW 79.96.080; shall be imputed to the tract licensee for the purpose of computing the number of violations by the tract licensee under subsection (1) of this section.

(3) Except as provided in subsection (4) of this section, the director shall not issue a geoduck diver license or geoduck tract license to a person who has had a license revoked. This prohibition is effective for a minimum of one year after the revocation.

(4) Appeals of revocations under this section may be taken under the judicial review provisions of chapter 34.04 RCW. If the license revocation is determined to be invalid, the director shall reissue the license to that person.

Sec. 34. Section 75.12.010, chapter 12, Laws of 1955 as last amended by section 46, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.010 are each amended to read as follows:

(1) Except as provided in this section, it is unlawful to fish commercially for salmon within the waters described in subsection (2) of this section.

(2) All waters east and south of a line commencing at a concrete monument on Angeles Point in Clallam county near the mouth of the Elwha River on which is inscribed "Angeles Point Monument" (latitude 48° 9'3" north, longitude 123° 33'01" west of Greenwich Meridian); thence running east on a line 81° 30' true across the flashlight and bell buoy off Partridge Point and thence continued to longitude 122° 40' west; thence north to the southerly shore of Sinclair Island; thence along the southerly shore of the island to the most easterly point of the island; thence 46° true to Carter Point, the most southerly point of Lummi Island; thence northwesterly along the westerly shore line of Lummi Island to where the shore line intersects line of longitude 122° 40' west; thence north to the mainland, including: The southerly portion of Hale Passage, Bellingham Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, Similk Bay, Saratoga Passage, Holmes Harbor, Possession Sound, Admiralty Inlet, Hood Canal, Puget Sound, and their inlets, passages, waters, waterways, and tributaries.

(3) The ((~~director~~)) commission may authorize commercial fishing for sockeye salmon within the waters described in subsection (2) of this section during the period June 10 to July 25 and for other salmon from the second Monday of September through November 30, except during the hours between 4:00 p.m. of Friday and 4:00 p.m. of the following Sunday.

(4) The ((~~director~~)) commission may authorize commercial fishing for salmon with gill net gear prior to the second Monday in September within the waters of Hale Passage, Bellingham Bay, Samish Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, and Similk Bay, to wit: Those waters northerly and easterly of a line commencing at Stanwood, thence along the south shore of Skagit Bay to Rocky Point on Camano Island; thence northerly to Polnell Point on Whidbey Island.

(5) Whenever the ((~~director~~)) commission determines that a stock or run of salmon cannot be harvested in the usual manner, and that the stock or run of salmon may be in danger of being wasted and surplus to natural or artificial spawning requirements, the ((~~director~~)) commission may authorize units of gill net and purse seine gear in any number or equivalents, by time and area, to fully utilize the harvestable portions of these salmon runs for the economic well being of the citizens of this state. Gill net and purse seine gear other than emergency and test gear authorized by the ((~~director~~)) commission shall not be used in Lake Washington.

(6) The ((~~director~~)) commission may authorize commercial fishing for pink salmon in each odd-numbered year from August 1 through September 1 in the waters lying inside of a line commencing at the most easterly point of Dungeness Spit and thence projected to Point Partridge on Whidbey Island and a line commencing at Olele Point and thence projected easterly to Bush Point on Whidbey Island.

Sec. 35. Section 75.18.020, chapter 12, Laws of 1955 as amended by section 48, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.015 are each amended to read as follows:

Except as provided in this section, it is unlawful to fish commercially for chinook or coho salmon in the Pacific Ocean and the Straits of Juan de Fuca.

(1) The ((~~director~~)) commission may authorize commercial fishing for coho salmon from June 16 through October 31.

(2) The ((~~director~~)) commission may authorize commercial fishing for chinook salmon from March 15 through October 31.

Sec. 36. Section 75.12.020, chapter 12, Laws of 1955 as amended by section 49, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.020 are each amended to read as follows:

It is unlawful to fish for or take food fish at a rack, dam, or other obstruction or in the waters and on the beaches within one mile below a rack, dam, or other obstruction except as provided by rule of the ((~~director~~)) commission.

Sec. 37. Section 75.12.070, chapter 12, Laws of 1955 as amended by section 53, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.070 are each amended to read as follows:

(1) Except as provided by rule of the ((~~director~~)) commission, it is unlawful to shoot, gaff, snag, snare, spear, stone, or otherwise molest food fish or shellfish in state waters.

(2) It is unlawful to use or discharge an explosive substance in state waters, except by permit of the director issued in accordance with commission rules.

Sec. 38. Section 75.12.100, chapter 12, Laws of 1955 as amended by section 55, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.100 are each amended to read as follows:

It is unlawful to purchase, handle, deal in, sell, or possess food fish or shellfish contrary to this title or the rules of the ((~~director~~)) commission.

Sec. 39. Section 1, chapter 106, Laws of 1971 ex. sess. as amended by section 56, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.115 are each amended to read as follows:

It is unlawful to fish commercially for crayfish in state waters except where crayfish have been commercially cultured or as permitted by rules of the ((~~director~~)) commission.

Sec. 40. Section 1, chapter 245, Laws of 1983 as amended by section 5, chapter 80, Laws of 1984 and RCW 75.12.132 are each amended to read as follows:

(1) It is unlawful to fish for or take salmon commercially with a net within the waters of the tributaries and sloughs described in subsection (2) of this section which flow into or are connected with the Columbia river.

(2) The ((~~director~~)) commission shall adopt rules defining geographical boundaries of the following Columbia river tributaries and sloughs:

(a) Washougal river;

(b) Camas slough;

(d) Kalama river;

(e) Cowlitz river;

(f) Elokomin river;

(g) Elokomin sloughs;

(h) Skamokawa sloughs;

(i) Grays river;

(j) Deep river;

(k) Grays bay.

(3) The ((~~director~~)) commission may authorize by rule commercial net fishing for salmon in the tributaries and sloughs ((~~from September 1 to November 30~~)) for specified periods if the time, areas and level of effort are regulated in order to maximize the recreational fishing opportunity while minimizing excess returns of fish to hatcheries. The ((~~director~~)) commission shall not authorize commercial net fishing if a significant catch of steelhead would occur.

Sec. 41. Section 75.08.130, chapter 12, Laws of 1955 as amended by section 66, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.410 are each amended to read as follows:

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

Sec. 42. Section 75.08.210, chapter 12, Laws of 1955 as amended by section 67, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.420 are each amended to read as follows:

It is unlawful for a fisherman, dealer, or processor of food fish or shellfish to fail to make a report or return as required by this title or rule of the ((~~director~~)) commission.

Sec. 43. Section 1, chapter 23, Laws of 1969 ex. sess. as amended by section 69, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.650 are each amended to read as follows:

It is unlawful to fish commercially for salmon using fishing gear not authorized for commercial salmon fishing by rule of the ((~~director~~)) commission. The ((~~director~~)) commission shall not authorize angling gear or other personal use gear for commercial salmon fishing.

Sec. 44. Section 75.20.060, chapter 12, Laws of 1955 as amended by section 72, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.20.060 are each amended to read as follows:

A dam or other obstruction across or in a stream shall be provided with a durable and efficient fishway approved by the director in accordance with commission rules. Plans and specifications shall be provided to the department prior to the director's approval. The fishway shall be maintained in an effective condition and continuously supplied with sufficient water to freely pass fish. It is unlawful for the owner, manager, agent, or person in charge of the dam or obstruction to fail to comply with this section.

If a person fails to construct and maintain a fishway or to remove the dam or obstruction in a manner satisfactory to the director, then within thirty days after written notice to comply has been served upon the owner, his agent, or the person in charge, the director may construct a fishway or remove the dam or obstruction. Expenses incurred by the department constitute the value of a lien upon the dam and upon the personal property of the person owning the dam. Notice of the lien shall be filed and recorded in the office of the county auditor of the county in which the dam or obstruction is situated. The lien may be foreclosed in an action brought in the name of the state.

If, within thirty days after notice to construct a fishway or remove a dam or obstruction, the owner, his agent, or the person in charge fails to do so, the dam or obstruction is a public nuisance and the director may take possession of the dam or obstruction and destroy it. No liability shall attach for the destruction.

Sec. 45. Section 1, chapter 153, Laws of 1963 as amended by section 73, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.20.061 are each amended to read as follows:

If the director determines in accordance with commission rules that a fishway or fish guard described in RCW 75.20.040 and 75.20.060 and in existence on September 1, 1963, is inadequate, in addition to other authority granted in this chapter, the director may remove, relocate, reconstruct, or modify the device, without cost to the owner. The director shall not materially modify the amount of flow of water through the device. After the department has completed the improvements, the fishways and fish guards shall be operated and maintained at the expense of the owner in accordance with RCW 75.20.040 and 75.20.060.

Sec. 46. Section 75.20.090, chapter 12, Laws of 1955 as amended by section 74, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.20.090 are each amended to read as follows:

Before a person commences construction on a dam or other hydraulic project for which the director determines in accordance with commission rules that a fishway is impractical, the person shall at the option of the ((~~director~~)) commission:

(1) Convey to the state a fish cultural facility on a site satisfactory to the ((~~director~~)) commission and constructed according to plans and specifications approved by the ((~~director~~)) commission, and enter into an agreement with the ((~~director~~)) commission secured by sufficient bond, to furnish water and electricity, without expense, and funds necessary to operate and maintain the facilities; or

(2) Enter into an agreement with the ((~~director~~)) commission secured by sufficient bond to make payments to the state as the ((~~director~~)) commission determines are necessary to expand, maintain, and operate additional facilities at existing hatcheries within a reasonable distance of the dam or other hydraulic work to compensate for the damages caused by the dam or other hydraulic work.

(3) A decision of the director under this section is subject to review in the superior court of the state for Thurston county. Each day that a person carries on construction work or operates a dam or hydraulic project without complying with this section is a separate offense.

Sec. 47. Section 75.24.030, chapter 12, Laws of 1955 as amended by section 79, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.24.030 are each amended to read as follows:

Only upon recommendation of the ((~~director~~)) commission may the state oyster reserves be sold, leased, or otherwise disposed of by the department of natural resources.

Sec. 48. Section 75.24.050, chapter 12, Laws of 1955 as amended by section 80, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.24.050 are each amended to read as follows:

It is unlawful to take shellfish from state oyster reserves or tidelands under the jurisdiction of the state contrary to this title or rules of the ((~~director~~)) commission.

Sec. 49. Section 75.24.060, chapter 12, Laws of 1955 as last amended by section 81, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.24.060 are each amended to read as follows:

It is the policy of the state to improve state oyster reserves so that they are productive and yield a revenue sufficient for their maintenance. In fixing the price of oysters and other shellfish sold from the reserves, the ((~~director~~)) commission shall take into consideration this policy. It is also the policy of the state to maintain the oyster reserves to furnish shellfish to growers and processors and to stock public beaches.

Shellfish may be harvested from state oyster reserves for personal use as prescribed by rule of the ((~~director~~)) commission.

The director shall protect, reseed, and replant state oyster reserves and issue cultch permits.

Sec. 50. Section 75.24.070, chapter 12, Laws of 1955 as amended by section 82, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.24.070 are each amended to read as follows:

The ((~~director~~)) commission shall determine the time, place, and method of sale of oysters and other shellfish from state oyster reserves.

To maintain local communities and industries and to restrain the formation of monopolies in the industry, the ((~~director~~)) commission shall determine the number of bushels which shall be sold to a person. When the shellfish are sold at public auction, the ((~~director~~)) commission may reject any and all bids.

Sec. 51. Section 75.24.080, chapter 12, Laws of 1955 as amended by section 83, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.24.080 are each amended to read as follows:

The ((~~director~~)) commission may designate as "restricted shellfish areas" those areas in which infection or infestation of shellfish is present. Except by permit of the director issued in accordance with commission rules, it is unlawful to transplant or transport into or out of a restricted area shellfish or equipment used in culturing, taking, handling, or processing shellfish.

Sec. 52. Section 75.24.090, chapter 12, Laws of 1955 as last amended by section 84, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.24.090 are each amended to read as follows:

It is unlawful to destroy oysters or clams by culling them on land or shore and leaving the culled oysters or clams there to die. The culled oysters or clams must be returned to the harvest area, except as provided by rule of the ((~~director~~)) commission.

Sec. 53. Section 2, chapter 80, Laws of 1984 and RCW 75.24.100 are each amended to read as follows:

(1) The director may issue licenses in accordance with commission rules, with the approval of the commissioner of public lands, for the commercial harvesting of geoduck clams from specific tracts of beds of navigable waters for which harvest rights have been granted by the department of natural resources. The ((~~director~~)) commission shall not authorize commercial harvesting on bottoms which are shallower than eighteen feet below mean lower low water (0.0. ft.), or which lie in an area bounded by the line of ordinary high tide (mean high tide) and a line two hundred yards seaward from and parallel to the line of ordinary high tide. If the director determines that the number of units of gear is sufficient to harvest the known available crop and that additional units of gear might prove damaging to the resource or its habitat, the director under authority of the commission may suspend the issuance of additional licenses until the director determines there is need for additional units of gear to achieve a sustained harvest.

(2) Commercial geoduck harvesting shall be done with a hand-held, manually operated water jet or suction device guided and controlled from under water by a diver. Periodically, the director shall determine the effect of each type or unit of gear upon the geoduck population or the substrate they inhabit. The director may require modification of the gear or stop its use if it is being operated in a wasteful or destructive manner or if its operation may cause permanent damage to the bottom or adjacent shellfish populations.

(3) A person, including the person's agents or representatives, who holds a license under subsection (1) of this section shall comply with all applicable commercial diving safety regulations adopted by the federal occupational safety and health administration established under the federal occupational safety and health act of 1970 as such law exists on May 8, 1979 (84 Stat. 1590 et seq.; 29 U.S.C. Sec. 651 et seq.). A violation of these regulations is a violation of this subsection. For the purposes of this section, persons who dive for geoducks are "employees" as defined by the federal occupational safety and health act. A violation of this subsection is grounds for suspension or revocation of the license following a hearing as provided for in chapter 34.04 RCW. A license shall not be suspended or revoked if the violation has been corrected within ten days of receipt of written notice of the violation. If there is a substantial probability that a violation of the commercial diving standards could result in death or serious physical harm to a person engaged in harvesting geoduck clams, the department shall suspend the license immediately until the violation has been corrected. If the licensee is the holder of a tract license and contracts with another person for the harvesting of geoducks, the license shall not be suspended or canceled if the licensee terminates its business relationship with such entity until compliance with this subsection is secured.

Sec. 54. Section 75.08.054, chapter 12, Laws of 1955 as amended by section 87, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.24.110 are each amended to read as follows:

It is unlawful for a person to import oysters or oyster seed into this state for the purpose of planting them in state waters without a permit from the director. The director shall issue a permit in accordance with commission rules only after an adequate inspection has been made and the oysters or oyster seed are found to be free of disease, pests, and other substances which might endanger oysters in state waters.

Sec. 55. Section 75.08.056, chapter 12, Laws of 1955 as last amended by section 88, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.24.120 are each amended to read as follows:

The ((~~director~~)) commission may require imported oyster seed to be inspected for diseases and pests. The director may specify the place of inspection. Persons importing oyster seed shall pay for the inspection costs excluding the inspector's salary. The cost shall be determined by the ((~~director~~)) commission and prorated among the importers according to the number of cases of oyster seeds each imports. The director shall specify the time and manner of payment.

Sec. 56. Section 75.08.060, chapter 12, Laws of 1955 as amended by section 89, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.24.130 are each amended to read as follows:

The director may examine the clam, mussel, and oyster beds located on aquatic lands belonging to the state and, upon authorization by the commission, request the commissioner of public lands to withdraw these lands from sale and lease for the purpose of establishing reserves or public beaches. The ((~~director~~)) commission shall conserve, protect, and develop these reserves and the oyster, shrimp, clam, and mussel beds on state lands.

Sec. 57. Section 2, chapter 81, Laws of 1980 as amended by section 92, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.25.080 are each amended to read as follows:

It is lawful to dig the personal-use daily bag limit of razor clams for another person if that person has in possession a physical disability permit issued by the director in accordance with commission rules.

Sec. 58. Section 12, chapter 327, Laws of 1977 ex. sess. as last amended by section 7, chapter 80, Laws of 1984 and RCW 75.25.130 are each amended to read as follows:

Salmon angling licenses, Hood Canal shrimp licenses, and razor clam licenses shall be issued only under authority of the ((~~director~~)) commission. The director may authorize license dealers to issue the licenses and collect the license fees in accordance with commission rules. In addition to the license fee, license dealers may charge a dealer's fee of twenty-five cents for salmon angling licenses and fifty cents for Hood Canal shrimp licenses and razor clam licenses. The dealer's fee may be retained by the license dealer.

The ((~~director~~)) commission shall adopt rules for the issuance of salmon angling licenses, Hood Canal shrimp licenses, and razor clam licenses and for the collection, payment, and handling of license fees and dealers fees.

Sec. 59. Section 75.28.030, chapter 12, Laws of 1955 as last amended by section 105, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.030 are each amended to read as follows:

Except as otherwise provided in this title, the director, under authority of the commission, shall issue commercial licenses and permits to a qualified person, upon the receipt of an application accompanied by the required fee. Applications shall be submitted on forms provided by the department. Applicants for commercial licenses and permits shall indicate at the time of application the species of food fish or shellfish they intend to take and the type of gear they intend to use.

Sec. 60. Section 75.28.100, chapter 12, Laws of 1955 as last amended by section 107, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.035 are each amended to read as follows:

An application for issuance or renewal of a commercial fishing license or permit shall contain the name and address of the vessel owner, the name and address of the vessel operator, the name and number of the vessel, a description of the vessel and fishing gear to be carried on the vessel, and other information required by the department.

At the time of issuance of a commercial fishing license or permit the director shall furnish the licensee with a vessel registration and two license decals.

Vessel registrations and license and permit decals issued by the director shall be displayed as provided by rule of the ((~~director~~)) commission.

A commercial fishing license or permit is not valid if the vessel is operated by a person other than the operator listed on the license or permit. The director may authorize additional operators for the license or permit. The fee for an additional operator is ten dollars.

The vessel owner shall notify the director on forms provided by the department of changes of ownership or operator and a new license or permit shall be issued upon payment of a fee of ten dollars.

A defaced, mutilated, or lost license or license decal shall be replaced immediately. The replacement fee is two dollars.

Sec. 61. Section 75.28.110, chapter 12, Laws of 1955 as last amended by section 113, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.110 are each amended to read as follows:

(1) The following commercial salmon fishing licenses are required for the licensee to use the specified gear to fish for salmon and other food fish in state waters. The annual license fees are:

!tm1,1,1 !tcGear!tcResident!tcNonresident

!tj1!tcFee!tcFee

(a)!sc ,1Purse seine!tj1!tc$300!tc$600

(b)!sc ,1Gill net!tj1!tc$200!tc$400

(c)!sc ,1Troll!tj1!tc$200!tc$400

(d)!sc ,1Reef net!tj1!tc$200!tc$400

(2) Holders of commercial salmon fishing licenses may retain incidentally caught food fish other than salmon, subject to rules of the ((~~director~~)) commission.

(3) A salmon troll license includes a salmon delivery permit.

(4) A separate gill net license is required to fish for salmon in each of the licensing districts established in RCW 75.28.012.

Sec. 62. Section 75.18.080, chapter 12, Laws of 1955 as last amended by section 115, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.113 are each amended to read as follows:

(1) A person operating a commercial fishing vessel used in taking salmon in offshore waters and delivering the salmon to a place or port in the state shall obtain a salmon delivery permit from the director. The annual fee for a salmon delivery permit is two hundred dollars. Persons operating fishing vessels licensed under RCW 75.28.125 may apply the delivery permit fee of ten dollars against the salmon delivery permit fee.

(2) If the director determines in accordance with commission rules that the operation of a vessel under a salmon delivery permit results in the depletion or destruction of the state's salmon resource or the delivery into this state of salmon products prohibited by law, the director may revoke the permit.

Sec. 63. Section 5, chapter 212, Laws of 1955 as amended by section 122, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.255 are each amended to read as follows:

The following commercial fishing licenses are required for the licensee to fish for the specified species in state waters with gear authorized by rule of the ((~~director~~)) commission. The annual license fees are:

!tm1,1,1 !tcSpecies!tcResident!tcNonresident

!tj1!tcFee!tcFee

(1)!sc ,1Columbia River smelt!tj1!tr!tt$200!tr!tt$200

(2)!sc ,1Carp!tl$5!tl$5

!te!ix

Sec. 64. Section 2, chapter 35, Laws of 1971 as amended by section 124, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.265 are each amended to read as follows:

(1) The director may authorize by an aquaculture permit the commercial cultivation of food fish or shellfish, subject to rules of the ((~~director~~)) commission. Cultivation includes all aspects of breeding, obtaining eggs or young of, raising, preparing for consumption or for market, and marketing of the food fish or shellfish.

(2) In addition to an aquaculture permit, a license is required to operate an aquaculture farm. The annual fee for an aquaculture license is one hundred dollars. A separate license is required for each county in which commercial cultivation is undertaken by the same person.

(3) Licensed clam farms, oyster farms, and geoduck tracts are exempt from this section.

Sec. 65. Section 75.28.280, chapter 12, Laws of 1955 as last amended by section 125, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.280 are each amended to read as follows:

(1) A clam farm license is required for the licensee to operate a commercial clam farm of one or more tracts of lands on tidelands or beds of navigable waters. The annual license fee is fifteen dollars for residents and nonresidents.

A clam farm license is not required for subtidal geoduck tracts for which licenses have been obtained under RCW 75.28.287.

(2) An oyster farm license is required for the licensee to operate a commercial oyster farm on tidelands or beds of navigable waters. The annual license fee is fifteen dollars for residents and nonresidents.

(3) Separate clam farm and oyster farm licenses are required for each of the following districts as defined by rule of the ((~~director~~)) commission: Northern Puget Sound district, southern Puget Sound district, Grays Harbor district, and Willapa Harbor district.

(4) A mechanical harvester license is required to operate a mechanical or hydraulic device for commercially harvesting clams, other than geoduck clams, on a clam farm. The annual license fee is three hundred dollars for residents and nonresidents.

Sec. 66. Section 2, chapter 227, Laws of 1981 as amended by section 137, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.690 are each amended to read as follows:

(1) A deckhand license is required for a crew member on a licensed salmon charter boat to sell salmon roe as provided in subsection (2) of this section. The annual license fee is ten dollars.

(2) A deckhand on a licensed salmon charter boat may sell salmon roe taken from fish caught for personal use, subject to rules of the ((~~director~~)) commission and the following conditions:

(a) The salmon is taken while fishing on the charter boat;

(b) The roe is the property of the angler until the roe is given to the deckhand. The charter boat's passengers are notified of this fact by the deckhand;

(d) The deckhand is licensed as provided in subsection (1) of this section and has the license in possession whenever salmon roe is sold.

Sec. 67. Section 5, chapter 106, Laws of 1977 ex. sess. as amended by section 138, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.30.050 are each amended to read as follows:

(1) The ((~~director~~)) commission shall appoint three-member advisory review boards to hear cases as provided in RCW 75.30.060. Members shall be from:

(a) The salmon charter boat fishing industry in cases involving salmon charter boat licenses or angler permits;

(b) The commercial salmon fishing industry in cases involving commercial salmon licenses;

(d) The commercial herring fishery in cases involving herring validations.

(2) Members shall serve at the discretion of the ((~~director~~)) commission and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

Sec. 68. Section 4, chapter 133, Laws of 1980 as last amended by section 147, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.30.130 are each amended to read as follows:

(1) It is unlawful to take dungeness crab (Cancer magister) in the Puget Sound licensing district without first obtaining a Puget Sound crab license endorsement. A license endorsement is not required to take other species of crab, including red rock crab (Cancer productus).

(2) Commercial crab licenses issued under RCW 75.28.130(3) endorsed for the Puget Sound licensing district may be issued only to vessels:

(a) Which held a commercial crab license endorsed for the Puget Sound licensing district during the previous year or had transferred to the vessel such a license, and has not subsequently transferred the endorsed license to another vessel; and

(b) From which one thousand pounds of dungeness crab were caught and landed in this state during the previous two-year period ending on December 31st of an odd-numbered year, as documented by a valid shellfish receiving ticket. This requirement shall apply to licenses for which application is made after January 1, 1984.

Where the failure to obtain the license during the previous year was the result of a license suspension, the vessel may qualify for a license by establishing that the vessel held such a license during the last year in which the license was not suspended.

(3) The director may reduce or waive the landing requirement established under subsection (2)(b) of this section ((~~upon the recommendation of a review board established under RCW 75.30.050~~)). ((The review board may recommend a reduction or waiver of the landing requirement in individual cases if, in the board's judgment, extenuating circumstances prevent achievement of the landing requirement. The director shall adopt rules governing the operation of the review boards and defining "extenuating circumstances."))

(4) The issuance of commercial crab licenses for areas other than the Puget Sound licensing district is not restricted by this section.

(5) License endorsements issued under this section are not transferable from one owner to another owner, except from parent to child or upon the death of the owner, before July 1, 1986. This restriction applies to all changes in the vessel owner named on the license, including (a) changes during the license year, and (b) changes during the license renewal process between years. This restriction does not prevent changes in vessel operator or transfers between vessels when the vessel owner remains unchanged. Upon request of a vessel owner, the director may issue a temporary permit to allow the vessel owner to use the license endorsement on a leased or rented vessel.

(6) If less than two hundred vessels are eligible for Puget Sound license endorsements, the director may accept applications for new endorsements. The director shall determine by random selection the successful applicants for the additional endorsements. The number of additional endorsements issued shall be sufficient to maintain two hundred vessels in the Puget Sound crab fishery. The ((~~director~~)) commission shall adopt rules governing the application, selection, and issuance procedures for new Puget Sound crab license endorsements, based upon recommendations of a board of review established under RCW 75.30.050.

Sec. 69. Section 4, chapter 173, Laws of 1973 1st ex. sess. as last amended by section 148, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.30.140 are each amended to read as follows:

(1) In addition to a commercial fishing license, a herring validation is required to fish commercially for herring in state waters. Herring validations shall be issued without charge.

(2) Except as provided in this section, permanent herring validations may be issued only to a person who:

(a) Established eligibility for a permanent herring validation as provided in subsection (3) of this section or had transferred to the person a permanent herring validation; and

(b) Has not subsequently transferred the validation to another person.

(3) A person may establish eligibility for a permanent herring validation by:

(a) Documenting to the department that the person landed herring during the period January 1, 1971, through April 15, 1973;

(b) Documenting to the department that the person landed herring during the period January 1, 1969, through December 31, 1970, if the person was in the armed forces of the United States during the period January 1, 1971, through April 15, 1973; or

(c) Applying to the department and qualifying for a permanent herring validation under hardship criteria established by rule of the ((~~director~~)) commission.

Landings may be documented only by a department fish receiving ticket.

(4) A permanent herring validation may be used only with the type of fishing gear originally used to establish eligibility for the validation.

(5) The ((~~director~~)) commission may establish rules governing the administration of this section based upon recommendations of a board of review established under RCW 75.30.050.

(6) Additional permanent and temporary validations may be granted by the department if the stocks of herring will not be jeopardized by granting additional validations. Herring validations are transferable.

Sec. 70. Section 75.40.020, chapter 12, Laws of 1955 as amended by section 150, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.40.020 are each amended to read as follows:

The ((~~director~~)) commission may give to the state of Oregon such consent and approbation of the state of Washington as is necessary under the compact set out in RCW 75.40.010. For the purposes of RCW 75.40.010, the states of Washington and Oregon have concurrent jurisdiction in the concurrent waters of the Columbia river as defined in RCW 75.08.011.

Sec. 71. Section 75.40.040, chapter 12, Laws of 1955 as last amended by section 152, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.40.040 are each amended to read as follows:

((~~The director, ex officio,~~)) A member of the commission, or its designee, and two appointees of the governor representing the fishing industry shall act as the representatives of this state on the Pacific Marine Fisheries Commission. The appointees of the governor are subject to confirmation by the state senate.

Sec. 72. Section 75.40.060, chapter 12, Laws of 1955 as amended by section 153, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.40.060 are each amended to read as follows:

The ((~~director~~)) commission may adopt and enforce the provisions of the convention between the United States and Canada for the protection, preservation and extension of the sockeye salmon fishery of the Fraser River system, signed at Washington, District of Columbia, on May 26, 1930, as amended by the protocol signed at Ottawa, December 28, 1956, and the protocol signed at Washington, February 24, 1977 and the regulations of the commission adopted under authority of the convention.

Sec. 73. Section 4, chapter 183, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 67, Laws of 1984 and RCW 75.44.110 are each amended to read as follows:

The ((~~department~~)) commission may purchase commercial fishing vessels and appurtenant gear, and the current state commercial fishing licenses, delivery permits, and charter boat licenses if the license or permit holder was substantially restricted in fishing as a result of compliance with United States of America et al. v. State of Washington et al., Civil No. 9213, United States District Court for Western District of Washington, February 12, 1974, and Sohappy v. Smith, 302 F. Supp. 899 (D. Oregon, 1969), as amended, affirmed, and remanded 529 F. 2d 570 (9th Cir., 1976).

The ((~~department~~)) commission shall not purchase a vessel without also purchasing all current Washington commercial fishing licenses and delivery permits and charter boat licenses issued to the vessel or its owner. The ((~~department~~)) commission may purchase current licenses and delivery permits without purchasing the vessel.

Sec. 74. Section 5, chapter 183, Laws of 1975 1st ex. sess. as amended by section 157, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.44.120 are each amended to read as follows:

The purchase price of a vessel and appurtenant gear shall be based on a survey conducted by a qualified marine surveyor. A license or delivery permit shall be valued separately.

In accordance with commission rules, the director may specify a maximum price to be paid for a vessel, gear, license, or delivery permit purchased under RCW 75.44.110. A license or delivery permit purchased under RCW 75.44.110 shall be permanently retired by the department.

Sec. 75. Section 6, chapter 183, Laws of 1975 1st ex. sess. as last amended by section 158, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.44.130 are each amended to read as follows:

The ((~~department~~)) commission may arrange for the insurance, storage, and resale or other disposition of vessels and gear purchased under RCW 75.44.110. Vessels shall not be resold by the department to the seller or the seller's immediate family. The vessels shall not be used by any owner or operator: (1) As a commercial fishing or charter vessel in state waters; or (2) to deliver fish to a place or port in the state. The ((~~department~~)) commission shall require that the purchasers and other users of vessels sold by the ((~~department~~)) commission execute suitable instruments to insure compliance with the requirements of this section. The ((~~director~~)) commission may commence suit or be sued on such an instrument in a state court of record or United States district court having jurisdiction.

Sec. 76. Section 8, chapter 183, Laws of 1975 1st ex. sess. as last amended by section 159, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.44.140 are each amended to read as follows:

The ((~~director~~)) commission shall adopt rules for the administration of the program. To assist the department in the administration of the program, the director may contract with persons not employed by the state and may enlist the aid of other state agencies.

The ((~~director~~)) commission shall appoint an advisory board composed of five individuals who are knowledgeable of the commercial fishing industry to advise the director concerning the values of licenses and permits. Advisory board members shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.

Sec. 77. Section 9, chapter 308, Laws of 1977 ex. sess. as amended by section 169, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.48.090 are each amended to read as follows:

The ((~~director~~)) commission shall report to the legislature on or before January 1 of each year on the revenues received from the sport and commercial salmon license sales and from salmon privilege taxes for the previous fiscal year and estimates of the revenues to be received for the current and ensuing fiscal years.

The report shall also include the estimates of the amounts required from these revenues for the payment of principal and interest on the bonds authorized by this chapter and proposals for the use of any remaining revenues for salmon enhancement purposes. The report shall also include a progress report on the current salmon enhancement programs.

The report shall be given to the following standing committees: the house committee on appropriations, the senate committee on ways and means, and the house and senate committees on natural resources.

Sec. 78. Section 2, chapter 327, Laws of 1977 ex. sess. as last amended by section 173, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.48.120 are each amended to read as follows:

((~~(1)~~)) The ((~~department~~)) commission shall not acquire, construct, or substantially improve a salmon enhancement facility unless the requirements of this section are met.

((~~(a)~~)) (1) The productivity of a salmon propagation facility is very dependent on water quantity and quality. Due to the limited number of water sources which meet the critical needs of a facility, it is imperative that these sources are acquired. Therefore, site acquisitions and preliminary design shall be considered by the ((~~department~~)) commission as generally having priority over project development.

((~~(b)~~)) (2) Prior to expending moneys for the construction and development of a particular salmon propagation facility, except for site acquisition and preliminary design, the ((~~department~~)) commission shall((~~, with the advice of the advisory council created in subsection (2) of this section,~~)) give consideration to the following factors with respect to that facility:

((~~(i)~~)) (a) The ((~~department's~~)) commission's management authority over propagated salmon;

((~~(ii)~~)) (b) The level of expected Canadian interception on the propagated salmon and whether this would be acceptable;

((~~(iii)~~)) (c) Whether an acceptable agreement has been reached on the status of treaty Indian salmon harvest; and

((~~(iv)~~)) (d) Whether there can be a maximum harvest of propagated salmon with a tolerable impact on other salmonid stocks, both natural and artificial, and on their environment. The department shall consult on this matter with the department of game.

(((2) To aid and advise the department in the performance of its functions with regard to the salmon enhancement program, a salmon advisory council is created. The advisory council consists of thirteen members appointed by the governor; the director, who shall be chairman; the director of the department of game, or the director's designee; one member of the senate to be appointed by the president of the senate; and one member of the house of representatives to be appointed by the speaker of the house of representatives. Of the members appointed by the governor, two shall represent troll fishermen; two shall represent gill net fishermen, of which one shall be from the Puget Sound area and one from the southwest Washington area; one shall represent purse seine fishermen; one shall represent owners of charter boats; three shall represent sportsmen; two shall be members of Indian tribes of this state who shall be appointed from a list submitted by the Northwest Indian Fisheries Commission; and two shall represent fish processors, of which one shall represent fresh or frozen fish processors and one shall represent canneries.

~~All members appointed by the governor shall serve terms of two years. Vacancies shall be filled in the same manner as original appointments.~~

The advisory council shall be convened by the director prior to the decision to expend funds for construction and development of any salmon propagation facility. The council shall advise the director with regard to the considerations listed in subsection (1)(b) of this section and other factors the council deems relevant with respect to the proposed facility.

Except for the director of the department of game and legislative members, members shall receive reimbursement through the department of fisheries for travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060.

The director of the department of game, or the director's designee, shall receive reimbursement through the department of game for travel expenses incurred in the performance of his or her duties in accordance with RCW 43.03.050 and 43.03.060. The legislative members shall be deemed engaged in legislative business while in attendance upon the business of the council and shall be limited to such allowances therefor as otherwise provided in RCW 44.04.120.

~~The salmon advisory council shall cease to exist on December 31, 1989. This section expires on December 31, 1989.~~))

Sec. 79. Section 14, chapter 40, Laws of 1983 1st ex. sess. and RCW 43.220.140 are each amended to read as follows:

(1) There is established a conservation corps within the department of fisheries.

(2) Specific work project areas of the fisheries conservation corps may include the following:

(a) Stream rehabilitation;

(b) Fish hatchery operation and maintenance;

(d) Such other projects as the director of fisheries, by authority of the commission, may determine. If appropriate facilities are available, the director of fisheries may authorize carrying out projects which involve overnight stays.

Sec. 80. 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 commission. 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.

(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.

(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. The term "game farm" does not include publicly owned facilities.

Sec. 81. 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 shall investigate the habits and distribution of the various species of wildlife native to or adaptable to the habitats of the state. The commission shall determine whether a species should be managed by the department and, if so, classify it under this section.

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

(3) The commission 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 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 commission.

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

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

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

Sec. 82. 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 game commission or ((~~director of~~)) the fisheries commission. Game fish taken incidental to a lawful season established by rule by the ((~~director of~~)) fisheries commission shall be returned immediately to the water.

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

Sec. 83. Section 136, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.96.030 are each amended to read as follows:

The department of natural resources, upon the receipt of an application for a lease for the purpose of planting and cultivating oyster beds or for the purpose of cultivating clams or other edible shellfish, shall notify the director of fisheries of the filing of the application describing the tidelands or beds of navigable waters applied for. The director of fisheries shall cause an inspection of the lands applied for to be made and shall make a full report to the department of natural resources of ((~~his~~)) the fisheries commission's findings as to whether it is necessary, in order to protect existing natural oyster beds, and to secure adequate seeding thereof, to retain the lands described in the application for lease or any part thereof((~~, and in the event~~)). If the ((~~director~~)) commission deems it advisable to retain the lands or any part thereof for the protection of existing natural oyster beds or to guarantee the continuance of an adequate seed stock for existing natural oyster beds, the same shall not be subject to lease. However, if the ((~~director~~)) commission determines that the lands applied for or any part thereof may be leased, ((he)) the director of fisheries shall so notify the department of natural resources and the director shall cause an examination of the lands to be made to determine the presence, if any, of natural oysters, clams, or other edible shellfish on said lands, and to fix the rental value of the lands for use for oyster, clam, or other edible shellfish cultivation. In ((~~his~~)) the report to the department, the ((~~director~~)) commission shall recommend a minimum rental for ((~~said~~)) the lands and an estimation of the value of the oysters, clams, or other edible shellfish, if any, then present on the lands applied for. The lands approved by the ((~~director~~)) fisheries commission for lease may then be leased to the applicant for a period of not less than five years nor more than ten years at a rental not less than the minimum rental recommended by the ((~~director of~~)) fisheries commission. In addition, before entering upon possession of the land, the applicant shall pay the value of the oysters, clams, or other edible shellfish, if any, then present on the land as determined by the ((~~director~~)) commission, plus the expense incurred by the ((~~director~~)) department in investigating the quantity of oysters, clams, or other edible shellfish, present on the land applied for.

Sec. 84. Section 143, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.96.100 are each amended to read as follows:

The department of natural resources, upon the receipt of an application for the lease of any first or second class tidelands owned by the state which have heretofore or which may hereafter be set aside as state oyster reserves, shall notify the director of fisheries of the filing of the application describing the lands applied for. It shall be the duty of the director of fisheries to cause an inspection of the reserve to be made for the purpose of ((~~determining~~)) a determination by the fisheries commission of whether ((~~said~~)) the reserve or any part thereof should be retained as a state oyster reserve or vacated.

Sec. 85. Section 144, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.96.110 are each amended to read as follows:

In case the ((~~director of~~)) fisheries commission approves the vacation of the whole or any part of ((~~said~~)) the reserve, the department of natural resources may vacate and offer for lease such parts or all of ((~~said~~)) the reserve as it deems to be for the best interest of the state, and all moneys received for the lease of such lands shall be paid to the department of natural resources in accordance with RCW 79.94.190: PROVIDED, That nothing in RCW 79.96.090 through 79.96.110 shall be construed as authorizing the lease of any tidelands which have heretofore, or which may hereafter, be set aside as state oyster reserves in Eld Inlet, Hammersley Inlet, or Totten Inlet, situated in Mason or Thurston counties: PROVIDED FURTHER, That any portion of Plat 138, Clifton's Oyster Reserve, which has already been vacated, may be leased by the department.

NEW SECTION. Sec. 86. This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections amended in this act or under any rule, regulation, or order adopted under those sections, nor as affecting any proceeding instituted under those sections.

NEW SECTION. Sec. 87. 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.