Z-429 _______________________________________________
SENATE BILL NO. 4231
_______________________________________________
State of Washington 49th Legislature 1985 Regular Session
By Senators Owen, Conner, McDonald and Zimmerman; by Department of Game request
Read first time 2/8/85 and referred to Committee on Natural Resources.
AN ACT Relating to game license and permit fees; amending RCW 77.32.005, 77.32.050, 77.32.060, 77.32.070, 77.32.090, 77.32.101, 77.32.161, 77.32.191, 77.32.211, 77.32.220, 77.32.230, 77.32.250, 77.32.256, 77.32.320, 77.32.340, 77.32.350, 77.32.360, and 77.32.380; adding new sections to chapter 77.32 RCW; repealing RCW 77.32.310; declaring an emergency; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 14, chapter 176, Laws of 1957 as last amended by section 102, chapter 78, Laws of 1980 and RCW 77.32.005 are each amended to read as follows:
For the purposes of this chapter:
A
"resident" means a ((citizen of the United States or)) person
who ((has in good faith declared the intent to become a citizen of the
United States,)) has maintained a permanent place of abode within this
state for at least ninety days immediately preceding an application for a
license((, and has established by formal evidence an intent to continue
residing within this state)).
A "nonresident" means a person who has not fulfilled the qualifications of a resident.
Sec. 2. 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, transport tags, and stamps((, and punchcards))
required by this chapter shall be issued under the authority of the
commission. The commission may authorize department personnel, county
auditors, or other reputable citizens to issue licenses, permits, transport
tags, and 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. The commission may adopt rules for issuing licenses, permits, transport
tags, and stamps((, and punchcards,)) collecting and paying fees,
and making reports.
Sec. 3. Section 77.32.060, chapter 36, Laws of 1955 as last amended by section 17, chapter 310, Laws of 1981 and RCW 77.32.060 are each amended to read as follows:
Persons
authorized to issue licenses, permits, transport tags, and stamps((,
and punchcards)) may charge and keep ((up to fifty cents)) an
agent's fee for each license ((issued, and up to twenty-five cents for
each)) document, transport tag, permit, or stamp((, or
punchcard)) issued.
Sec. 4. 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, transport tag, or stamp((, or punchcard))
shall furnish the information required by rule of the commission. The
commission may adopt rules requiring licensees or permittees to keep records
and make reports concerning the taking of wildlife.
Sec. 5. 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 may adopt rules pertaining to the form, period of validity, use,
possession, and display of licenses, permits, transport tags, and
stamps((, and punchcards)) required by this chapter.
Sec. 6. Section 20, chapter 15, Laws of 1975 1st ex. sess. as last amended by section 20, chapter 310, Laws of 1981 and RCW 77.32.101 are each amended to read as follows:
(1) A hunting and fishing license allows a resident holder to hunt and fish throughout the state. The fee for this license is twenty-four dollars.
(2) A
hunting license allows the holder to hunt throughout the state. The fee for
this license is ((ten)) twelve dollars ((and fifty cents))
for residents and one hundred twenty-five dollars for nonresidents.
(3) A
fishing license allows the holder to fish throughout the state. The fee for
this license is ((twelve)) fourteen dollars for residents and ((thirty))
forty dollars for nonresidents.
Sec. 7. Section 27, chapter 15, Laws of 1975 1st ex. sess. as last amended by section 22, chapter 310, Laws of 1981 and RCW 77.32.161 are each amended to read as follows:
A
nonresident may obtain a temporary fishing license, which allows the holder to
fish throughout the state for three consecutive days. The fee for this license
is ((nine)) twelve dollars ((and fifty cents)).
Sec. 8. Section 23, chapter 310, Laws of 1981 and RCW 77.32.191 are each amended to read as follows:
A state
trapping license allows the holder to trap fur-bearing animals throughout the
state. A state trapping license is void on ((April 1st)) December
31st following the date of issuance. The fee for this license is ((twenty-five))
thirty dollars for residents sixteen years of age or older, twelve
dollars for residents under sixteen years of age, and ((one)) two
hundred ((twenty-five)) fifty dollars for nonresidents.
Sec. 9. 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 fifty dollars.
(2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs for profit. The fee for this license is one hundred fifty dollars.
(3) A
fishing guide license allows the holder to offer or perform the services of a
professional guide in the taking of game fish. The fee for this license is one
hundred fifty dollars for a resident and ((two hundred fifty)) five
hundred dollars for a nonresident.
(4) A game
farm license allows the holder to operate a game farm to acquire, breed, grow,
keep, and sell wildlife under conditions prescribed by the commission. The fee
for this license is ((fifty)) sixty dollars for the first year
and ((thirty)) forty dollars for each following year.
(5) A game
fish ((stocking)) planting permit allows the holder to release
game fish into the waters of the state as prescribed by rule of the
commission. The fee for this permit is ((ten)) twenty 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. The fee for this permit is ((ten)) twenty
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. The fee for this license is one hundred fifty dollars.
Sec. 10. 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)) planting game fish or
conducting a hunting, fishing, or field trial contest shall make reports as
required by rules of the commission.
Sec. 11. Section 77.32.230, chapter 36, Laws of 1955 as last amended by section 1, chapter 280, Laws of 1983 and RCW 77.32.230 are each amended to read as follows:
(1) A
person sixty-five years of age or older who is an honorably discharged veteran
of the United States armed forces having a service-connected disability and who
((has been)) is a resident ((for five years)) may receive
upon application a state hunting and fishing license free of charge.
(2) A
person seventy years of age or older who ((has been)) is a
resident ((for ten years)) or a blind person or a physically handicapped
person confined to a wheelchair may receive upon application a fishing license
free of charge.
(3) A fishing license is not required for persons under the age of sixteen to fish in this state.
(4) Transport
tags, permits, and stamps((, and punchcards)) required by
this chapter shall be purchased separately by persons receiving a free license.
Sec. 12. Section 77.32.250, chapter 36, Laws of 1955 as last amended by section 29, chapter 310, Laws of 1981 and RCW 77.32.250 are each amended to read as follows:
Licenses,
permits, transport tags, and stamps((, and punchcards))
required by this chapter shall not be transferred and, unless otherwise
provided in this chapter, are void on January 1st following the year in which
the license, permit, transport tag, or stamp((, or punchcard))
was issued.
Upon
request of a wildlife agent or ex officio wildlife agent, persons licensed,
operating under a permit, or possessing wildlife under the authority of this
chapter shall produce required licenses, permits, transport tags, or
stamps((, or punchcards)) for inspection, and must either
produce valid photo identification or write their signatures for comparison
and in addition display their wildlife. Failure to comply with the request is
prima facie evidence that the person has no license or is not the person named.
Sec. 13. 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 shall by rule establish the conditions for issuance of duplicate
licenses, permits, transport tags, and stamps((, and
punchcards)) required by this chapter. The fee for a duplicate provided
under this section is ((five)) eight dollars.
Sec. 14. 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, moose, 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.
(4) Transport tags required by this section expire on March 31st following the date of issuance.
Sec. 15. Section 11, chapter 310, Laws of 1981 as amended by section 5, chapter 240, Laws of 1984 and RCW 77.32.340 are each amended to read as follows:
((A
supplemental stamp is required to hunt deer, elk, bear, cougar, sheep, mountain
goat, moose, or wild turkey.))
(1) The fee
for a resident deer ((stamp)) transport tag is ((ten))
fifteen dollars. The fee for a nonresident deer transport tag is
fifty dollars.
(2) The fee
for a resident elk ((stamp)) transport tag is ((fifteen)) twenty
dollars. The fee for a nonresident elk ((stamp)) transport tag
is ((seventy-five)) one hundred dollars.
(3) The fee
for a resident bear ((stamp)) transport tag is ((ten)) fifteen
dollars. The fee for a nonresident bear ((stamp)) transport tag
is ((seventy-five)) one hundred fifty dollars.
(4) The fee
for a resident cougar ((stamp)) transport tag is ((ten)) twenty
dollars. The fee for a nonresident cougar ((stamp)) transport tag
is ((one)) three hundred ((fifty)) dollars.
(5) The fee
for a mountain goat ((stamp)) transport tag is ((thirty-five))
fifty dollars ((which)) for residents and one hundred fifty
dollars for nonresidents. The fee shall be paid at the time of
application. Applicants who are not selected for a mountain goat special
season permit shall receive a refund of this fee, less five dollars.
(6) The fee
for a sheep ((stamp)) transport tag is seventy-five dollars for
residents and three hundred dollars for nonresidents and shall be paid at the
time of application. Applicants who are not selected for a sheep special
season permit shall receive a refund of this fee, less five dollars.
(7) The fee
for a moose ((stamp)) transport tag is one hundred fifty
dollars for residents and three hundred dollars for nonresidents and shall be
paid at the time of application. Applicants who are not selected for a moose
special season permit shall receive a refund of this fee, less five dollars.
(8) The fee
for a wild turkey ((stamp)) transport tag is ((ten)) fifteen
dollars.
(9) To be
valid, ((supplemental stamps required under this section shall be
permanently affixed to the transport tag at the time of purchase and)) the
((stamp)) transport tag numbers shall be legibly
transferred to the hunting license.
(10) ((Supplemental
stamps)) Transport tags required under this section expire on March
31st following the date of issuance.
Sec. 16. 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)) license is required to hunt wild animals with a dog.
The fee for this ((stamp)) license is ((six)) ten
dollars.
(2) An
upland game bird ((stamp)) license is required to hunt for quail,
partridge, and pheasant in areas designated by rule of the commission. The fee
for this ((stamp)) license is ((six)) eight
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)) license is required
to hunt with a falcon during seasons established exclusively for hunting in
that manner. The fee for this ((stamp)) license is ((fifteen))
thirty 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)) (4) Licenses 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. 17. Section 13, chapter 310, Laws of 1981 and RCW 77.32.360 are each amended to read as follows:
(1) A
steelhead ((punchcard)) permit is required to fish for steelhead
trout. The fee for this ((punchcard)) permit is ((five)) fifteen
dollars.
(2) Persons
possessing steelhead trout shall immediately validate in ink their ((punchcard))
permit as provided by rule of the commission.
(3)
Steelhead ((punchcards)) permits required under this section
expire April 30th following the date of issuance.
(4) Each person who returns a steelhead permit to an authorized license dealer by June 1 following the period for which it was issued shall be given a credit equal to five dollars towards that day's purchase of any license, permit, transport tag, or stamp required by this chapter.
(5)
An upland bird ((punchcard)) permit is required to hunt for
quail, partridge, and pheasant in areas designated by rule of the commission.
The fee for this ((punchcard)) permit is ((twelve)) fifteen
dollars ((and fifty cents)).
(((5)))
(6) Persons killing quail, partridge, and pheasant shall immediately
validate in ink their ((punchcard)) permits as provided by
rule of the commission.
(((6)))
(7) Upland bird ((punchcard)) permits required under this
section expire ((March)) December 31st following the date of
issuance.
Sec. 18. Section 15, chapter 310, Laws of 1981 and RCW 77.32.380 are each amended to read as follows:
((A
conservation license is required to be displayed on all vehicles parked on game
department lands or using game department access facilities which shall be clearly
identified.)) Persons sixteen years of age or older who use clearly
identified game department lands and access facilities are required to possess
a conservation license or a hunting, fishing, trapping, or free license on
their person while using the facilities. The fee for this license is ((five))
eight dollars annually. ((The license shall be issued to the
registered owner of the vehicle and is nontransferable.
A
conservation license shall be issued without charge to persons possessing a
hunting, fishing, trapping , or free license.))
The conservation license is nontransferable and must be validated by the signature of the holder. Upon request of a wildlife agent or ex officio wildlife agent a person using clearly identified game department lands shall exhibit the required license. The holder of the conservation license must either carry valid photo identification or write his or her signature for comparison with the signature on the conservation license. Failure to comply with the request is prima facie evidence that the person does not have a license or is not the person named on the license.
NEW SECTION. Sec. 19. A new section is added to chapter 77.32 RCW to read as follows:
Fees established by this chapter shall be adjusted biennially under the provisions of this chapter, beginning January 1, 1987. Fees shall be adjusted according to a formula that reflects the department's operating and capital costs.
NEW SECTION. Sec. 20. A new section is added to chapter 77.32 RCW to read as follows:
No later than December 31, 1985, and at each two-year interval thereafter, the natural resources committees of the state senate and the house of representatives shall develop, in cooperation with the commission, the respective fiscal committees of the house of representatives and senate, and the office of financial management, definitions, criteria, and procedures for determining the formula upon which an adjustment of fees will be based. If agreement is reached among all committees, the definitions, criteria, and procedures developed by them shall be transmitted to the commission to be used in determining the next biennial adjustment in license fees. If no action is taken or disagreement exists between the committees as of that date, the recommendations of the commission shall be deemed to be approved.
NEW SECTION. Sec. 21. A new section is added to chapter 77.32 RCW to read as follows:
The commission shall determine the amounts constituting approved adjustments to fees by March 1st of each even-numbered year. Fees established by this chapter shall be based on such fee adjustments in accordance with the provisions of this chapter.
NEW SECTION. Sec. 22. Section 118, chapter 78, Laws of 1980 and RCW 77.32.310 are each repealed.
NEW SECTION. Sec. 23. 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.