S-3445               _______________________________________________

                                                   SENATE BILL NO. 4579

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Halsan, Owen, Warnke, Peterson and Vognild

Read first time 1/16/86 and referred to Committee on Natural Resources.

AN ACT Relating to game fish; amending RCW 77.12.010; and prescribing penalties.

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

        Sec. 1.  Section 77.12.010, chapter 36, Laws of 1955 as last amended by section 1, chapter 438, Laws of 1985 and RCW 77.12.010 are each amended to read as follows:

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

(2) The commission shall not adopt rules that categorically prohibit fishing with bait or artificial lures in streams, rivers, beaver ponds, and lakes except that the commission may adopt rules and regulations restricting fishing methods upon a determination by the director that an individual body of water or part thereof clearly requires a fishing method prohibition to conserve or enhance the fisheries resource or to provide selected fishing alternatives.  The commission shall attempt to maximize the public recreational fishing opportunities of all citizens, particularly juvenile, handicapped, and senior citizens.  The rules adopted under this subsection do not apply to persons who, under RCW 77.32.230, are issued a free fishing license or are not required to obtain a fishing license.

A violation of the rules adopted under this subsection is a civil infraction and is not an offense under RCW 77.21.010.  Such an infraction shall be punished by a fine not to exceed ten dollars.

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