BILL REQ. #: Z-0098.5
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/18/11. Referred to Committee on Natural Resources & Marine Waters.
AN ACT Relating to fish and wildlife management; amending RCW 77.15.650, 77.15.110, 77.15.280, 77.08.010, 77.65.110, 77.65.130, 77.15.720, 77.15.130, 77.15.160, 77.95.090, 69.50.320, 77.04.080, 77.12.071, 77.12.154, 77.15.070, 77.15.075, 77.15.080, 77.15.085, 77.15.092, 77.15.094, 77.15.480, 77.15.710, 77.32.014, 77.75.110, and 77.75.120; adding new sections to chapter 77.15 RCW; adding a new section to chapter 77.12 RCW; adding a new section to chapter 77.08 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 77.15 RCW
to read as follows:
(1) It is unlawful to willfully start a fire on lands owned or
controlled by the department that are not forest lands as that term is
defined in RCW 76.04.005.
(2) Nothing in this section prohibits the use of campfires as
defined by rule of the commission, fires in stoves, lanterns and
barbeques, and fire used by the department or other federal, state, or
local agencies for habitat management or firefighting efforts.
(3) A violation of this section is a gross misdemeanor.
NEW SECTION. Sec. 2 A new section is added to chapter 77.12 RCW
to read as follows:
(1) Any person whose negligence is responsible for the starting of
a fire on land owned or controlled by the department or whose
negligence is responsible for starting or allowing an existing fire to
spread onto land owned or controlled by the department is liable for
any reasonable expenses incurred by the state, a municipality, or any
fire protection agency of the United States.
(2) The department or agency incurring any reasonable expenses has
a lien for the same against any property of the person, firm, or
corporation liable under subsection (1) of this section by filing a
claim of lien naming the person, firm, or corporation describing the
property against which the lien is claimed, specifying the amount
expended on the lands on which the firefighting took place and the
period during which the reasonable expenses were incurred, and signing
the claim with a post office address. No claim of lien is valid unless
filed, with the county auditor of the county in which the property
sought to be charged is located, within a period of one hundred twenty
days after the reasonable expenses of the claimant are incurred. The
lien may be foreclosed in the same manner as a mechanic's lien is
foreclosed under chapter 60.04 RCW.
(3) For the purposes of this section:
(a) "Reasonable expenses" includes the costs associated with
fighting the fire, together with the costs of investigation and
litigation including reasonable attorneys' fees and court costs.
(b) "Land owned or controlled by the department" means lands that
are not included within the definition of forest land as that term is
defined in RCW 76.04.005.
(4) This section does not apply in any case where recovery is
provided under RCW 76.04.495.
Sec. 3 RCW 77.15.650 and 2008 c 10 s 2 are each amended to read
as follows:
(1) A person is guilty of unlawful purchase or use of a license in
the second degree if the person buys, holds, uses, displays, transfers,
or obtains any license, tag, permit, or approval required by this title
and the person:
(a) Uses false information to buy, hold, use, display, or obtain a
license, permit, tag, or approval;
(b) Acquires, holds, or buys in excess of one license, permit, or
tag for a license year if only one license, permit, or tag is allowed
per license year;
(c) Except as authorized under RCW 77.32.565, uses or displays a
license, permit, tag, or approval that was issued to another person;
(d) Except as authorized under RCW 77.32.565, permits or allows a
license, permit, tag, or approval to be used or displayed by another
person not named on the license, permit, tag, or approval;
(e) Acquires or holds a license while privileges for the license
are revoked or suspended;
(f) Holds a resident license from another state or country. This
subsection (1)(f) only applies if the Washington license, tag, permit,
or approval that the person buys, holds, uses, displays, transfers, or
obtains is a resident license. It is prima facie evidence of a
violation of this section if any person who has a resident license from
another state or country purchases a resident license, tag, permit, or
approval in Washington. This subsection does not apply to individuals
who meet the definition of "resident" in section 8 (2) and (3) of this
act.
(2) A person is guilty of unlawful purchase or use of a license in
the first degree if the person commits the act described by subsection
(1) of this section and the person was acting with intent that the
license, permit, tag, or approval be used for any commercial purpose.
A person is presumed to be acting with such intent if the violation
involved obtaining, holding, displaying, or using a license or permit
for participation in any commercial fishery issued under this title or
a license authorizing fish or wildlife buying, trafficking, or
wholesaling.
(3)(a) Unlawful purchase or use of a license in the second degree
is a gross misdemeanor. Upon conviction, the department shall revoke
any unlawfully used or held licenses and order a two-year suspension of
participation in the activities for which the person unlawfully
obtained, held, or used a license, permit, tag, or approval.
(b) Unlawful purchase or use of a license in the first degree is a
class C felony. Upon conviction, the department shall revoke any
unlawfully used or held licenses and order a five-year suspension of
participation in any activities for which the person unlawfully
obtained, held, or used a license, permit, tag, or approval.
(4) For purposes of this section, a person "uses" a license,
permit, tag, or approval if the person engages in any activity
authorized by the license, permit, tag, or approval held or possessed
by the person. Such uses include but are not limited to fishing,
hunting, taking, trapping, delivery or landing fish or wildlife, and
selling, buying, or wholesaling of fish or wildlife.
(5) Any license obtained in violation of this section is void upon
issuance and is of no legal effect.
NEW SECTION. Sec. 4 A new section is added to chapter 77.15 RCW
to read as follows:
(1) A taxidermist, fur dealer, or wildlife meat cutter is guilty of
failing to maintain business records and report if the person acts for
commercial purposes, processes, holds, or stores wildlife; and:
(a) Fails to maintain records as required under subsections (2)
through (5) of this section; or
(b) Violates any rule of the department by failing to report
information from these records.
(2) A taxidermist, fur dealer, or wildlife meat cutter who
processes, holds, or stores wildlife must keep a record of each
wildlife carcass or part received.
(3) All records of receipt of wildlife must be maintained at the
location where the wildlife is being processed, held, or stored, or at
the principal place of business of the wildlife meat cutter,
taxidermist, or fur dealer.
(4) Records of the receipt of wildlife that are required to be kept
under this section must be in the English language and be maintained
for three years from the date the wildlife is processed, held, or
stored.
(5) The form and content of records maintained by taxidermists, fur
dealers, and wildlife meat cutters who process, hold, or store wildlife
must be determined by the commission by rule. However, the records
must include:
(a) The name, address, and phone number of the person or company
from whom each carcass or part was received;
(b) The date of receipt; and
(c) The number and species of wildlife carcasses or parts received.
(6) Taxidermists, fur dealers, and wildlife meat cutters who fail
to maintain business records in accordance with this section or fail to
report information from the records as required by rule of the
department are guilty of a misdemeanor.
Sec. 5 RCW 77.15.110 and 2002 c 127 s 2 are each amended to read
as follows:
(1) For purposes of this chapter, a person acts for commercial
purposes if the person engages in conduct that relates to commerce in
fish, seaweed, shellfish, or wildlife or any parts thereof. Commercial
conduct may include taking, delivering, selling, buying, or trading
fish, seaweed, shellfish, or wildlife where there is present or future
exchange of money, goods, or any valuable consideration. Evidence that
a person acts for commercial purposes includes, but is not limited to,
the following conduct:
(a) Using gear typical of that used in commercial fisheries;
(b) Exceeding the bag or possession limits for personal use by
taking or possessing more than three times the amount of fish, seaweed,
shellfish, or wildlife allowed;
(c) Delivering or attempting to deliver fish, seaweed, shellfish,
or wildlife to a person who sells or resells fish, seaweed, shellfish,
or wildlife including any licensed or unlicensed wholesaler;
(d) Taking fish or shellfish using a vessel designated on a
commercial fishery license or using gear not authorized in a personal
use fishery;
(e) Using a commercial fishery license;
(f) Selling or dealing in raw furs; ((or))
(g) Performing taxidermy service on fish, shellfish, or wildlife
belonging to another person for a fee or receipt of goods or services;
or
(h) Packs, cuts, processes, or stores the meat of wildlife for
consumption, for a fee or in exchange for goods or services.
(2) For purposes of this chapter, the value of any fish, seaweed,
shellfish, or wildlife may be proved based on evidence of legal or
illegal sales involving the person charged or any other person, of
offers to sell or solicitation of offers to sell by the person charged
or by any other person, or of any market price for the fish, seaweed,
shellfish, or wildlife including market price for farm-raised game
animals. The value assigned to specific fish, seaweed, shellfish, or
wildlife by RCW 77.15.420 may be presumed to be the value of such fish,
seaweed, shellfish, or wildlife. It is not relevant to proof of value
that the person charged misrepresented that the fish, seaweed,
shellfish, or wildlife was taken in compliance with law if the fish,
seaweed, shellfish, or wildlife was unlawfully taken and had no lawful
market value.
Sec. 6 RCW 77.15.280 and 2008 c 244 s 2 are each amended to read
as follows:
(1) A person is guilty of violating rules requiring reporting of
fish or wildlife harvest if the person:
(a) Fails to make a harvest log report of a commercial fish or
shellfish catch in violation of any rule of the commission or the
director;
(b) Fails to maintain a trapper's report ((or taxidermist ledger))
in violation of any rule of the commission or the director;
(c) Fails to submit any portion of a big game animal for a required
inspection required by rule of the commission or the director; or
(d) Fails to return a catch record card to the department as
required by rule of the commission or director, except for catch record
cards officially endorsed for Puget Sound Dungeness crab.
(2) Violating rules requiring reporting of fish or wildlife harvest
is a misdemeanor.
Sec. 7 RCW 77.08.010 and 2009 c 333 s 12 are each amended to read
as follows:
The definitions in this section apply throughout this title or
rules adopted under this title unless the context clearly requires
otherwise.
(1) "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.
(2) "Aquatic invasive species" means any invasive, prohibited,
regulated, unregulated, or unlisted aquatic animal or plant species as
defined under subsections (3), (((28), (40), (44), (58), and (59)))
(26), (38), (42), (56), and (57) of this section, aquatic noxious weeds
as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as
defined under RCW 77.60.130(1).
(3) "Aquatic plant species" means an emergent, submersed, partially
submersed, free-floating, or floating-leaving plant species that grows
in or near a body of water or wetland.
(4) "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.
(5) "Closed area" means a place where the hunting of some or all
species of wild animals or wild birds is prohibited.
(6) "Closed season" means all times, manners of taking, and places
or waters other than those established by rule of the commission as an
open season. "Closed season" also means all hunting, fishing, taking,
or possession of game animals, game birds, game fish, food fish, or
shellfish that do not conform to the special restrictions or physical
descriptions established by rule of the commission as an open season or
that have not otherwise been deemed legal to hunt, fish, take, harvest,
or possess by rule of the commission as an open season.
(7) "Closed waters" means all or part of a lake, river, stream, or
other body of water, where fishing or harvesting is prohibited.
(8) "Commercial" means related to or connected with buying,
selling, or bartering.
(9) "Commission" means the state fish and wildlife commission.
(10) "Concurrent waters of the Columbia river" means those waters
of the Columbia river that coincide with the Washington-Oregon state
boundary.
(11) "Contraband" means any property that is unlawful to produce or
possess.
(12) "Deleterious exotic wildlife" means species of the animal
kingdom not native to Washington and designated as dangerous to the
environment or wildlife of the state.
(13) "Department" means the department of fish and wildlife.
(14) "Director" means the director of fish and wildlife.
(15) "Endangered species" means wildlife designated by the
commission as seriously threatened with extinction.
(16) (("Ex officio fish and wildlife 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 fish
and wildlife officer" includes special agents of the national marine
fisheries service, 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.)) "Fish" includes all species classified as game fish or food
fish by statute or rule, as well as all fin fish not currently
classified as food fish or game fish if such species exist in state
waters. The term "fish" includes all stages of development and the
bodily parts of fish species.
(17)
(((18) "Fish and wildlife officer" means a person appointed and
commissioned by the director, with authority to enforce this title and
rules adopted pursuant to this title, and other statutes as prescribed
by the legislature. Fish and wildlife officer includes a person
commissioned before June 11, 1998, as a wildlife agent or a fisheries
patrol officer.)) (17) "Fish broker" means a person whose business it is to
bring a seller of fish and shellfish and a purchaser of those fish and
shellfish together.
(19)
(((20))) (18) "Fishery" means the taking of one or more particular
species of fish or shellfish with particular gear in a particular
geographical area.
(((21))) (19) "Freshwater" means all waters not defined as
saltwater including, but not limited to, rivers upstream of the river
mouth, lakes, ponds, and reservoirs.
(((22))) (20) "Fur-bearing animals" means game animals that shall
not be trapped except as authorized by the commission.
(((23))) (21) "Game animals" means wild animals that shall not be
hunted except as authorized by the commission.
(((24))) (22) "Game birds" means wild birds that shall not be
hunted except as authorized by the commission.
(((25))) (23) "Game farm" means property on which wildlife is held
((or)), confined, propagated, hatched, fed, or otherwise raised for
commercial purposes, trade, or gift. The term "game farm" does not
include publicly owned facilities.
(((26))) (24) "Game reserve" means a closed area where hunting for
all wild animals and wild birds is prohibited.
(((27))) (25) "Illegal items" means those items unlawful to be
possessed.
(((28))) (26) "Invasive species" means a plant species or a
nonnative animal species that either:
(a) Causes or may cause displacement of, or otherwise threatens,
native species in their natural communities;
(b) Threatens or may threaten natural resources or their use in the
state;
(c) Causes or may cause economic damage to commercial or
recreational activities that are dependent upon state waters; or
(d) Threatens or harms human health.
(((29))) (27) "License year" means the period of time for which a
recreational license is valid. The license year begins April 1st, and
ends March 31st.
(((30))) (28) "Limited-entry license" means a license subject to a
license limitation program established in chapter 77.70 RCW.
(((31))) (29) "Money" means all currency, script, personal checks,
money orders, or other negotiable instruments.
(((32))) (30) "Nonresident" means a person who has not fulfilled
the qualifications of a resident.
(((33))) (31) "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.
(((34))) (32) "Open season" means those times, manners of taking,
and places or waters established by rule of the commission for the
lawful hunting, fishing, taking, or possession of game animals, game
birds, game fish, food fish, or shellfish that conform to the special
restrictions or physical descriptions established by rule of the
commission or that have otherwise been deemed legal to hunt, fish,
take, harvest, or possess by rule of the commission. "Open season"
includes the first and last days of the established time.
(((35))) (33) "Owner" means the person in whom is vested the
ownership dominion, or title of the property.
(((36))) (34) "Person" means and includes an individual; a
corporation; a public or private entity or organization; a local,
state, or federal agency; all business organizations, including
corporations and partnerships; or a group of two or more individuals
acting with a common purpose whether acting in an individual,
representative, or official capacity.
(((37))) (35) "Personal property" or "property" includes both
corporeal and incorporeal personal property and includes, among other
property, contraband and money.
(((38))) (36) "Personal use" means for the private use of the
individual taking the fish or shellfish and not for sale or barter.
(((39))) (37) "Predatory birds" means wild birds that may be hunted
throughout the year as authorized by the commission.
(((40))) (38) "Prohibited aquatic animal species" means an invasive
species of the animal kingdom that has been classified as a prohibited
aquatic animal species by the commission.
(((41))) (39) "Protected wildlife" means wildlife designated by the
commission that shall not be hunted or fished.
(((42))) (40) "Raffle" means an activity in which tickets bearing
an individual number are sold for not more than twenty-five dollars
each and in which a permit or permits are awarded to hunt or for access
to hunt big game animals or wild turkeys on the basis of a drawing from
the tickets by the person or persons conducting the raffle.
(((43))) (41) "Recreational and commercial watercraft" includes the
boat, as well as equipment used to transport the boat, and any
auxiliary equipment such as attached or detached outboard motors.
(((44))) (42) "Regulated aquatic animal species" means a
potentially invasive species of the animal kingdom that has been
classified as a regulated aquatic animal species by the commission.
(((45))) (43) "Resident" ((means:)) has the same
meaning as defined in section 8 of this act.
(a) A person who has maintained a permanent place of abode within
the state for at least ninety days immediately preceding an application
for a license, has established by formal evidence an intent to continue
residing within the state, and who is not licensed to hunt or fish as
a resident in another state; and
(b) A person age eighteen or younger who does not qualify as a
resident under (a) of this subsection, but who has a parent that
qualifies as a resident under (a) of this subsection
(((46))) (44) "Retail-eligible species" means commercially
harvested salmon, crab, and sturgeon.
(((47))) (45) "Saltwater" means those marine waters seaward of
river mouths.
(((48))) (46) "Seaweed" means marine aquatic plant species that are
dependent upon the marine aquatic or tidal environment, and exist in
either an attached or free floating form, and includes but is not
limited to marine aquatic plants in the classes Chlorophyta,
Phaeophyta, and Rhodophyta.
(((49))) (47) "Senior" means a person seventy years old or older.
(((50))) (48) "Shellfish" means those species of marine and
freshwater invertebrates that have been classified and that shall not
be taken except as authorized by rule of the commission. The term
"shellfish" includes all stages of development and the bodily parts of
shellfish species.
(((51))) (49) "State waters" means all marine waters and fresh
waters within ordinary high water lines and within the territorial
boundaries of the state.
(((52))) (50) "To fish," "to harvest," and "to take," and their
derivatives means an effort to kill, injure, harass, or catch a fish or
shellfish.
(((53))) (51) "To hunt" and its derivatives means an effort to
kill, injure, capture, or harass a wild animal or wild bird.
(((54))) (52) "To process" and its derivatives mean preparing or
preserving fish, wildlife, or shellfish.
(((55))) (53) "To trap" and its derivatives means a method of
hunting using devices to capture wild animals or wild birds.
(((56))) (54) "Trafficking" means offering, attempting to engage,
or engaging in sale, barter, or purchase of fish, shellfish, wildlife,
or deleterious exotic wildlife.
(((57))) (55) "Unclaimed" means that no owner of the property has
been identified or has requested, in writing, the release of the
property to themselves nor has the owner of the property designated an
individual to receive the property or paid the required postage to
effect delivery of the property.
(((58))) (56) "Unlisted aquatic animal species" means a nonnative
animal species that has not been classified as a prohibited aquatic
animal species, a regulated aquatic animal species, or an unregulated
aquatic animal species by the commission.
(((59))) (57) "Unregulated aquatic animal species" means a
nonnative animal species that has been classified as an unregulated
aquatic animal species by the commission.
(((60))) (58) "Wholesale fish dealer" means a person who, acting
for commercial purposes, takes possession or ownership of fish or
shellfish and sells, barters, or exchanges or attempts to sell, barter,
or exchange fish or shellfish that have been landed into the state of
Washington or entered the state of Washington in interstate or foreign
commerce.
(((61))) (59) "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 old world rats and mice of the family
Muridae of the order Rodentia.
(((62))) (60) "Wild birds" means those species of the class Aves
whose members exist in Washington in a wild state.
(((63))) (61) "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, old world rats and mice of the family Muridae of the order
Rodentia, or those fish, shellfish, and marine invertebrates classified
as food fish or shellfish by the director. The term "wildlife"
includes all stages of development and the bodily parts of wildlife
members.
(((64))) (62) "Youth" means a person fifteen years old for fishing
and under sixteen years old for hunting.
(63) "Fur dealer" means a person who purchases, receives, or
resells raw furs.
(64) "Natural person" means a human being.
(65) "Taxidermist" means a person who, for a fee or in exchange for
goods or services, creates lifelike representations of fish and
wildlife using fish and wildlife parts and various supporting
structures.
(66) "Wildlife meat cutter" means a person who packs, cuts,
processes, or stores wildlife for consumption for another for a fee.
NEW SECTION. Sec. 8 A new section is added to chapter 77.08 RCW
to read as follows:
For the purposes of this title or rules adopted under this title,
"resident" means:
(1) A natural person who has maintained a permanent place of abode
within the state for at least ninety days immediately preceding an
application for a license, has established by formal evidence an intent
to continue residing within the state, is not licensed to hunt or fish
as a resident in another state or country, and is not receiving
resident benefits of another state or country.
(a) For purposes of this section, "permanent place of abode" means
a residence in this state that a person maintains for personal use.
(b) A natural person can demonstrate that he or she has maintained
a permanent place of abode in Washington by showing that he or she:
(i) Uses a Washington state address for federal income tax or state
tax purposes;
(ii) Designates this state as his or her residence for obtaining
eligibility to hold a public office or for judicial actions;
(iii) Is a registered voter in the state of Washington; or
(iv) Is a custodial parent with a child attending prekindergarten,
kindergarten, elementary school, middle school, or high school in this
state.
(c) A natural person can demonstrate the intent to continue
residing within the state by showing that he or she:
(i) Has a valid Washington state driver's license; or
(ii) Has a valid Washington state identification card, if he or she
is not eligible for a Washington state driver's license; and
(iii) Has registered his or her vehicle or vehicles in Washington
state.
(2) The spouse of a member of the United States armed forces if the
member qualifies as a resident under subsection (1), (3), or (4) of
this section, or a natural person age eighteen or younger who does not
qualify as a resident under subsection (1) of this section, but who has
a parent or legal guardian who qualifies as a resident under subsection
(1), (3), or (4) of this section.
(3) A member of the United States armed forces temporarily
stationed in Washington state on predeployment orders. A copy of the
person's military orders is required to meet this condition.
(4) A member of the United States armed forces who is permanently
stationed in Washington state or who designates Washington state on
their military "state of legal residence certificate" or enlistment or
re-enlistment documents, and who does not have a license to hunt or
fish as a resident in another state or country. A copy of the person's
"state of legal residence certificate" or enlistment or re-enlistment
documents is required to meet the conditions of this subsection.
Sec. 9 RCW 77.65.110 and 2001 c 105 s 4 are each amended to read
as follows:
This section applies to all commercial fishery licenses((, charter
boat license[s],)) and delivery licenses.
(1) A person designated as an alternate operator must possess an
alternate operator license issued under RCW 77.65.130, and be
designated on the license prior to engaging in the activities
authorized by the license. The holder of the commercial fishery
license((, charter boat license,)) or delivery license may designate up
to two alternate operators for the license, except:
(a) Whiting -- Puget Sound fishery licensees may not designate
alternate operators;
(b) Emergency salmon delivery licensees may not designate alternate
operators;
(c) Shrimp pot-Puget Sound fishery licensees may designate no more
than one alternate operator at a time; and
(d) Shrimp trawl-Puget Sound fishery licensees may designate no
more than one alternate operator at a time.
(2) The fee to change the alternate operator designation is twenty-two dollars.
Sec. 10 RCW 77.65.130 and 2005 c 82 s 2 are each amended to read
as follows:
(1) A person who holds a commercial fishery license or a delivery
license may operate the vessel designated on the license. A person who
is not the license holder may operate the vessel designated on the
license only if:
(a) The person is operating a charter boat; or
(b) The person holds an alternate operator license issued by the
director; and
(((b))) (c) The person is designated as an alternate operator on
the underlying commercial fishery license or delivery license under RCW
77.65.110.
(2) Only an individual at least sixteen years of age may hold an
alternate operator license.
(3) No individual may hold more than one alternate operator
license. An individual who holds an alternate operator license may be
designated as an alternate operator on an unlimited number of
commercial fishery licenses or delivery licenses under RCW 77.65.110.
(4) An individual who holds two Dungeness crab -- Puget Sound fishery
licenses may operate the licenses on one vessel if the license holder
or alternate operator is on the vessel. The department shall allow a
license holder to operate up to one hundred crab pots for each license.
(5) Two persons owning separate Dungeness crab -- Puget Sound fishery
licenses may operate both licenses on one vessel if the license holders
or their alternate operators are on the vessel.
(6) As used in this section, to "operate" means to control the
deployment or removal of fishing gear from state waters while aboard a
vessel or to operate a vessel delivering food fish or shellfish taken
in offshore waters to a port within the state.
Sec. 11 RCW 77.15.720 and 2000 c 107 s 258 are each amended to
read as follows:
(1) If a person ((shoots)) discharges a firearm, bow, or crossbow
while hunting and in a manner that is likely to injure or does injure
another person or domestic livestock ((while hunting)) or kills
domestic livestock, the director shall revoke all of the shooter's
hunting licenses and suspend all hunting privileges for three years.
If the shooting ((of another person or livestock is the result of
criminal negligence or reckless or intentional conduct, then the
person's)) kills or results in the death of another person, then the
director shall revoke all of the shooter's hunting licenses and suspend
all of the person's hunting privileges ((shall be suspended)) for ten
years. The suspension shall be continued beyond these periods if
damages owed to the victim or livestock owner have not been paid by the
suspended person. ((A)) In such a case, no hunting license shall
((not)) be reissued to the suspended person unless authorized by the
director.
(2) ((Within twenty days of service of an order suspending
privileges or imposing conditions under this section or RCW 77.15.710,
a person may petition for administrative review under chapter 34.05 RCW
by serving the director with a petition for review. The order is final
and unappealable if there is no timely petition for administrative
review.)) A person who is notified of a license revocation under this
section may request an appeal hearing under chapter 34.05 RCW.
(3) The commission may by rule authorize petitions for
reinstatement of administrative suspensions and define circumstances
under which such a reinstatement will be allowed.
Sec. 12 RCW 77.15.130 and 1998 c 190 s 14 are each amended to
read as follows:
(1) A person is guilty of unlawful taking of protected fish or
wildlife if:
(a) The person hunts, fishes, possesses, or maliciously kills
protected fish or wildlife, or the person possesses or maliciously
destroys the eggs or nests of protected fish or wildlife, and the
taking has not been authorized by rule of the commission; or
(b) The person violates any rule of the commission regarding the
taking, harming, harassment, possession, or transport of protected fish
or wildlife.
(2) Unlawful taking of protected fish or wildlife is a misdemeanor.
(3) In addition to the penalties set forth in subsections (1) and
(2) of this section, if a person is convicted of violating this section
and the violation results in the death of wildlife listed in this
subsection, the court shall require payment of the following amounts
for each animal killed or possessed. This is a criminal wildlife
penalty assessment that must be paid to the clerk of the court and
distributed each month to the state treasurer for deposit in the fish
and wildlife enforcement reward account created in RCW 77.15.425.
(a) Ferruginous hawk. . . . . . . . $2,000
(b) Common loon. . . . . . . . . . $2,000
(c) Bald eagle. . . . . . . . . . . $2,000
(d) Peregrine falcon. . . . . . . . $2,000
(e) Tundra swan. . . . . . . . . . $2,000
(f) Trumpeter swan. . . . . . . . . $2,000
(4) If two or more persons are convicted of illegally possessing
wildlife in subsection (1) of this section, the criminal wildlife
penalty assessment must be imposed against them jointly and separately.
(5)(a) The criminal wildlife penalty assessment must be imposed
regardless of and in addition to any sentence, fines, or costs
otherwise provided for violating any provision of this section. The
criminal wildlife penalty assessment must be included by the court in
any pronouncement of sentence and may not be suspended, waived,
modified, or deferred in any respect.
(b) This subsection may not be construed to abridge or alter
alternative rights of action or remedies in equity or under common law
or statutory law, criminal or civil.
(6) A defaulted criminal wildlife penalty assessment may be
collected by any means authorized by law for the enforcement of orders
of the court or collection of a fine or costs, including but not
limited to vacation of a deferral of sentencing or vacation of a
suspension of sentence.
(7) The department shall revoke any licenses or tags used in
connection with a violation of this section and order the person's
privileges to hunt, fish, trap, and obtain licenses under this title to
be suspended for two years.
NEW SECTION. Sec. 13 It is the intent of the legislature to
prevent predatory wildlife from becoming habituated to humans and to
protect the public against the serious health and safety risk posed by
predatory wildlife who are drawn into contact with humans and related
infrastructure by individuals who feed predatory wildlife negligently
or intentionally.
NEW SECTION. Sec. 14 A new section is added to chapter 77.15 RCW
to read as follows:
(1) A person may not negligently feed or attempt to feed predatory
wildlife or negligently attract predatory wildlife to land or a
building.
(2) If a fish and wildlife officer or animal control authority as
defined in RCW 16.30.010, has probable cause to believe that a person
is negligently feeding, attempting to feed, or attracting predatory
wildlife to a land or building by placing or locating food, food waste,
or another substance in, upon, or about any land or building, and the
food, food waste, or other substance poses a risk to the safety of any
person because it is attracting or could attract predatory wildlife to
the land or building, the officer may issue an infraction under RCW
77.15.160.
(3) This section does not apply to:
(a) A person who is engaging in forest practices in accordance with
chapter 76.09 RCW or in hunting or trapping wildlife in accordance with
all other applicable provisions of this title or rules of the
commission or the director;
(b) A person who is engaging in a farming operation that is using
generally accepted farming practices;
(c) Waste disposal facilities that are operating in accordance with
applicable federal, state, and municipal laws; or
(d) Zoos and lawfully operated wildlife refuges.
(4) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Building" means a private domicile or home or public or
commercial building.
(b) "Predatory wildlife" means bear, cougar, and wolf.
(c) "Food, food waste, or other substance" means human and pet
food, or other waste or garbage that could attract wildlife.
(d) "Negligently feed, attempt to feed, or attract" means to
provide, leave, or place in, upon, or about any land or building any
food, food waste, or other substance that attracts or could attract
predatory wildlife to that land or building, without the awareness that
a reasonable person in the same situation would have with regard to the
likelihood that such food, food waste, or other substance could attract
predatory wildlife to the land or building.
NEW SECTION. Sec. 15 A new section is added to chapter 77.15 RCW
to read as follows:
(1) A person may not intentionally feed or attempt to feed
predatory wildlife or intentionally attract predatory wildlife to land
or a building.
(2) A person who intentionally feeds, attempts to feed, or attracts
predatory wildlife to land or a building is guilty of a misdemeanor.
(3) A person who is issued an infraction under section 14 of this
act for negligently feeding, attempting to feed, or attracting
predatory wildlife to land or a building, and who fails to contain,
move, or remove the food, food waste, or other substance within twenty-four hours of being issued the citation, is guilty of a misdemeanor.
(4) This section does not apply to:
(a) A person who is engaging in forest practices in accordance with
chapter 76.09 RCW or in hunting or trapping wildlife in accordance with
all other applicable provisions of this title or rules of the
commission or the director;
(b) A person who is engaging in a farming operation that is using
generally accepted farming practices;
(c) Waste disposal facilities that are operating in accordance with
applicable federal, state, and municipal laws; or
(d) Zoos and lawfully operated wildlife refuges.
(5) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Building" means a private domicile or home or public or
commercial building.
(b) "Predatory wildlife" means bear, cougar, and wolf.
(c) "Food, food waste, or other substance" means human and pet
food, or other waste or garbage that could attract wildlife.
(d) "Intentionally feed, attempt to feed, or attract" means to
purposefully or knowingly provide, leave, or place in, upon, or about
any land or building any food, food waste, or other substance that
attracts or could attract predatory wildlife to that land or building.
Sec. 16 RCW 77.15.160 and 2000 c 107 s 237 are each amended to
read as follows:
A person is guilty of an infraction, which shall be cited and
punished as provided under chapter 7.84 RCW, if the person:
(1) Fails to immediately record a catch of fish or shellfish on a
catch record card required by RCW 77.32.430, or required by rule of the
commission under this title; or
(2) Fishes for personal use using barbed hooks in violation of any
rule; ((or))
(3) Negligently feeds, attempts to feed, or attract predatory
wildlife in violation of section 14 of this act; or
(4) Violates any other rule of the commission or director that is
designated by rule as an infraction.
Sec. 17 RCW 77.95.090 and 2009 c 340 s 4 are each amended to read
as follows:
The dedicated regional fisheries enhancement group account is
created in the custody of the state treasurer. Only the commission or
the commission's designee may authorize expenditures from the account.
The account is subject to allotment procedures under chapter 43.88 RCW,
but no appropriation is required for expenditures.
A portion of each recreational fishing license fee shall be used as
provided in RCW 77.32.440. A surcharge of one hundred dollars shall be
collected on each commercial salmon fishery license, each salmon
delivery license, and each salmon charter license sold in the state.
All receipts shall be placed in the regional fisheries enhancement
group account and shall be used exclusively for regional fisheries
enhancement group projects ((for the purposes of RCW 77.95.110)) except
that the department may use up to twenty-percent of the account funds
to provide agency assistance to the groups for professional,
administrative and technical assistance and training, project proposal
compatibility review, contract management, financial management of
regional fisheries enhancement group funds, and provide direction and
training in Washington state budgeting and accounting procedures.
Except as provided in RCW 77.95.320, funds from the regional fisheries
enhancement group account shall not serve as replacement funding for
department operated salmon projects that exist on January 1, 1991.
All revenue from the department's sale of salmon carcasses and eggs
that return to group facilities shall be deposited in the regional
fisheries enhancement group account for use by the regional fisheries
enhancement group that produced the surplus. The commission shall
adopt rules to implement this section pursuant to chapter 34.05 RCW.
Sec. 18 RCW 69.50.320 and 2003 c 175 s 2 are each amended to read
as follows:
The department of fish and wildlife may apply to the department of
health for registration pursuant to the applicable provisions of this
chapter to purchase, possess, and administer controlled substances for
use in chemical capture programs and to euthanize injured, sick, or
unwanted wildlife. The department of fish and wildlife must not permit
a person to administer controlled substances unless the person has
demonstrated adequate knowledge of the potential hazards and proper
techniques to be used in administering controlled substances.
The department of health ((may)) must issue a limited registration
to carry out the provisions of this section. The board may adopt rules
to ensure strict compliance with the provisions of this section. The
board, in consultation with the department of fish and wildlife, must
by rule add or remove additional controlled substances for use in
chemical capture programs. The board shall suspend or revoke
registration upon determination that the person administering
controlled substances has not demonstrated adequate knowledge as
required by this section. This authority is granted in addition to any
other power to suspend or revoke registration as provided by law.
Sec. 19 RCW 77.04.080 and 2000 c 107 s 205 are each amended to
read as follows:
(1)(a) Persons eligible for appointment as director shall have
practical knowledge of the habits and distribution of fish and
wildlife. The director shall supervise the administration and
operation of the department and perform the duties prescribed by law
and delegated by the commission. The director shall carry out the
basic goals and objectives prescribed under RCW 77.04.055. 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.
(b) Only persons having general knowledge of the fisheries and
wildlife resources and of the 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. The director shall receive the salary
fixed by the governor under RCW 43.03.040.
(c) The director is the ex officio secretary of the commission and
shall attend its meetings and keep a record of its business.
(2)(a) The director may appoint and commission fish and wildlife
officers to serve as general authority Washington peace officers, as
defined in RCW 10.93.020. Under the interlocal cooperation act,
chapter 39.34 RCW, the director may contract with general authority law
enforcement agencies, federal law enforcement agencies, and limited
authority law enforcement agencies to enforce this title and the rules
of the department to provide mutual law enforcement assistance as
defined in chapter 10.93 RCW.
(b) Any liability or claimed liability that arises out of the
exercise of authority by an officer acting under the mutual aid
contract is the responsibility of the primary commissioning agency
unless the officer acts under the direction and control of the
department or unless the liability is otherwise allocated under a
written agreement between the primary commissioning agency and the
department.
Sec. 20 RCW 77.12.071 and 2007 c 337 s 2 are each amended to read
as follows:
(1) Department employees, in carrying out their duties under this
title on public lands or state waters, may:
(a) Collect samples of tissue, fluids, or other bodily parts of
fish, wildlife, or shellfish; or
(b) Board vessels in state waters engaged in commercial and
recreational harvest activities to collect samples of fish, wildlife,
or shellfish.
(i) Department employees shall ask permission from the owner or his
or her agent before boarding vessels in state waters.
(ii) If an employee of the department is denied access to any
vessel where access was sought for the purposes of (b) of this
subsection, the department employee may contact an enforcement officer
for assistance in applying for a search warrant authorizing access to
the vessel in order to carry out the department employee's duties under
this section.
(2) Department employees must have official identification,
announce their presence and intent, and perform their duties in a safe
and professional manner while carrying out the activities in this
section.
(3) This section does not apply to the harvest of private sector
cultured aquatic products as defined in RCW 15.85.020.
(4) This section does not apply to fish and wildlife officers ((and
ex officio fish and wildlife officers)) carrying out their duties under
this title.
Sec. 21 RCW 77.12.154 and 1998 c 190 s 71 are each amended to
read as follows:
The director, fish and wildlife officers, ((ex officio fish and
wildlife 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 operated by the department to land and
take off from the beaches or waters of the state.
Sec. 22 RCW 77.15.070 and 2005 c 406 s 2 are each amended to read
as follows:
(1) Fish and wildlife officers ((and ex officio fish and wildlife
officers)) may seize without warrant boats, airplanes, vehicles,
motorized implements, conveyances, gear, appliances, or other articles
they have probable cause to believe have been held with intent to
violate or used in violation of this title or rule of the commission or
director. However, fish and wildlife officers ((or ex officio fish and
wildlife officers)) may not seize any item or article, other than for
evidence, if under the circumstances, it is reasonable to conclude that
the violation was inadvertent. The property seized is subject to
forfeiture to the state under this section regardless of ownership.
Property seized may be recovered by its owner by depositing with the
department or into court a cash bond or equivalent security equal to
the value of the seized property but not more than one hundred thousand
dollars. Such cash bond or security is subject to forfeiture in lieu
of the property. Forfeiture of property seized under this section is
a civil forfeiture against property and is intended to be a remedial
civil sanction.
(2) In the event of a seizure of property under this section,
jurisdiction to begin the forfeiture proceedings shall commence upon
seizure. Within fifteen days following the seizure, the seizing
authority shall serve a written notice of intent to forfeit property on
the owner of the property seized and on any person having any known
right or interest in the property seized. Notice may be served by any
method authorized by law or court rule, including service by certified
mail with return receipt requested. Service by mail is deemed complete
upon mailing within the fifteen-day period following the seizure.
(3) Persons claiming a right of ownership or right to possession of
property are entitled to a hearing to contest forfeiture. Such a claim
shall specify the claim of ownership or possession and shall be made in
writing and served on the director within forty-five days of the
seizure. If the seizing authority has complied with notice
requirements and there is no claim made within forty-five days, then
the property shall be forfeited to the state.
(4) If any person timely serves the director with a claim to
property, the person shall be afforded an opportunity to be heard as to
the person's claim or right. The hearing shall be before the director
or director's designee, or before an administrative law judge appointed
under chapter 34.12 RCW, except that a person asserting a claim or
right may remove the matter to a court of competent jurisdiction if the
aggregate value of the property seized is more than five thousand
dollars. The department may settle a person's claim of ownership prior
to the administrative hearing.
(5) The hearing to contest forfeiture and any subsequent appeal
shall be as provided for in chapter 34.05 RCW, the administrative
procedure act. The seizing authority has the burden to demonstrate
that it had reason to believe the property was held with intent to
violate or was used in violation of this title or rule of the
commission or director. The person contesting forfeiture has the
burden of production and proof by a preponderance of evidence that the
person owns or has a right to possess the property and:
(a) That the property was not held with intent to violate or used
in violation of this title; or
(b) If the property is a boat, airplane, or vehicle, that the
illegal use or planned illegal use of the boat, airplane, or vehicle
occurred without the owner's knowledge or consent, and that the owner
acted reasonably to prevent illegal uses of such boat, airplane, or
vehicle.
(6) A forfeiture of a conveyance encumbered by a perfected security
interest is subject to the interest of the secured party if the secured
party neither had knowledge of nor consented to the act or omission.
No security interest in seized property may be perfected after seizure.
(7) If seized property is forfeited under this section the
department may retain it for official use unless the property is
required to be destroyed, or upon application by any law enforcement
agency of the state, release such property to the agency for the use of
enforcing this title, or sell such property, and deposit the proceeds
to the fish and wildlife enforcement reward account created in RCW
77.15.425.
Sec. 23 RCW 77.15.075 and 2009 c 204 s 1 are each amended to read
as follows:
(1) Fish and wildlife officers ((and ex officio fish and wildlife
officers shall enforce this title, rules of the department, and other
statutes as prescribed by the legislature. Fish and wildlife officers
who are not ex officio officers)) shall have and exercise, throughout
the state, such police powers and duties as are vested in sheriffs and
peace officers generally. Fish and wildlife officers are general
authority Washington peace officers.
(2) An applicant for a fish and wildlife officer position must be
a citizen of the United States of America who can read and write the
English language. ((All fish and wildlife officers employed after June
13, 2002, must successfully complete the basic law enforcement academy
course, known as the basic course, sponsored by the criminal justice
training commission, or the basic law enforcement equivalency
certification, known as the equivalency course, provided by the
criminal justice training commission. All officers employed on June
13, 2002, must have successfully completed the basic course, the
equivalency course, or the supplemental course in criminal law
enforcement, known as the supplemental course, offered under chapter
155, Laws of 1985. Any officer who has not successfully completed the
basic course, the equivalency course, or the supplemental course must
complete the basic course or the equivalency course within fifteen
months of June 13, 2002.))
(2) Fish and wildlife officers are peace officers.
(3) Any liability or claim of liability under chapter 4.92 RCW that
arises out of the exercise or alleged exercise of authority by a fish
and wildlife officer rests with the department unless the fish and
wildlife officer acts under the direction and control of another agency
or unless the liability is otherwise assumed under an agreement between
the department and another agency.
(4) ((Fish and wildlife officers may serve and execute warrants and
processes issued by the courts.)) The department may utilize the services of a volunteer
chaplain as provided under chapter 41.22 RCW.
(5)
Sec. 24 RCW 77.15.080 and 2002 c 281 s 8 are each amended to read
as follows:
(1) Based upon articulable facts that a person is engaged in
fishing, harvesting, or hunting activities, fish and wildlife officers
have the authority to temporarily stop the person and check for valid
licenses, tags, permits, stamps, or catch record cards, and to inspect
all fish, shellfish, seaweed, and wildlife in possession as well as the
equipment being used to ensure compliance with the requirements of this
title, and may request the person to write his or her signature for
comparison with the signature on the license. Failure to comply with
the request is prima facie evidence that the person is not the person
named on the license. For licenses purchased over the internet or
telephone, fish and wildlife officers may require the person, if age
eighteen or older, to exhibit a driver's license or other photo
identification.
(2) Based upon articulable facts that a person is transporting a
prohibited aquatic animal species or any aquatic plant, fish and
wildlife officers ((and ex officio fish and wildlife officers)) have
the authority to temporarily stop the person and inspect the watercraft
to ensure that the watercraft and associated equipment are not
transporting prohibited aquatic animal species or aquatic plants.
Sec. 25 RCW 77.15.085 and 2000 c 107 s 232 are each amended to
read as follows:
Fish and wildlife officers ((and ex officio fish and wildlife
officers)) may seize without a warrant wildlife, fish, and shellfish
they have probable cause to believe have been taken, transported, or
possessed in violation of this title or rule of the commission or
director.
Sec. 26 RCW 77.15.092 and 2000 c 107 s 213 are each amended to
read as follows:
Fish and wildlife officers ((and ex officio fish and wildlife
officers)) may arrest without warrant persons found violating the law
or rules adopted pursuant to this title.
Sec. 27 RCW 77.15.094 and 2001 c 253 s 25 are each amended to
read as follows:
Fish and wildlife officers ((and ex officio fish and wildlife
officers)) may make a reasonable search without warrant of a vessel,
conveyances, vehicles, containers, packages, or other receptacles for
fish, seaweed, shellfish, and wildlife which they have reason to
believe contain evidence of a violation of law or rules adopted
pursuant to this title and seize evidence as needed for law
enforcement. This authority does not extend to quarters in a boat,
building, or other property used exclusively as a private domicile,
does not extend to transitory residences in which a person has a
reasonable expectation of privacy, and does not allow search and
seizure without a warrant if the thing or place is protected from
search without warrant within the meaning of Article I, section 7 of
the state Constitution. Seizure of property as evidence of a crime
does not preclude seizure of the property for forfeiture as authorized
by law.
Sec. 28 RCW 77.15.480 and 2001 c 253 s 42 are each amended to
read as follows:
Articles or devices unlawfully used, possessed, or maintained for
catching, taking, killing, attracting, or decoying wildlife, fish, and
shellfish are public nuisances. If necessary, fish and wildlife
officers ((and ex officio fish and wildlife officers)) may seize,
abate, or destroy these public nuisances without warrant or process.
Sec. 29 RCW 77.15.710 and 2000 c 107 s 257 are each amended to
read as follows:
(1) The commission shall revoke all hunting, fishing, or other
licenses issued under this title and order a ten-year suspension of all
privileges extended under the authority of the department of a person
convicted of assault on a fish and wildlife officer, ((ex officio
officer,)) employee, agent, or personnel acting for the department, if
the employee assaulted was on duty at the time of the assault and
carrying out the provisions of this title. The suspension shall be
continued beyond this period if any damages to the victim have not been
paid by the suspended person.
(2) For the purposes of this section, the definition of assault
includes:
(a) RCW 9A.32.030; murder in the first degree;
(b) RCW 9A.32.050; murder in the second degree;
(c) RCW 9A.32.060; manslaughter in the first degree;
(d) RCW 9A.32.070; manslaughter in the second degree;
(e) RCW 9A.36.011; assault in the first degree;
(f) RCW 9A.36.021; assault in the second degree; and
(g) RCW 9A.36.031; assault in the third degree.
Sec. 30 RCW 77.32.014 and 2001 c 253 s 50 are each amended to
read as follows:
Licenses, tags, and stamps issued pursuant to this chapter shall be
revoked and the privileges suspended for any period in which a person
is certified by the department of social and health services or a court
of competent jurisdiction as a person in noncompliance with a support
order. Fish and wildlife officers ((and ex officio fish and wildlife
officers)) shall enforce this section through checks of the department
of licensing's computer database. A listing on the department of
licensing's database that an individual's license is currently
suspended pursuant to RCW 46.20.291(8) shall be prima facie evidence
that the individual is in noncompliance with a support order.
Presentation of a written release issued by the department of social
and health services stating that the person is in compliance with an
order shall serve as prima facie proof of compliance with a support
order.
Sec. 31 RCW 77.75.110 and 2000 c 107 s 222 are each amended to
read as follows:
To enforce RCW 77.75.120 and 77.75.130, courts in the counties
contiguous to the boundary waters((,)) and fish and wildlife
officers((, and ex officio fish and wildlife officers)) have
jurisdiction over the boundary waters to the furthermost shoreline.
This jurisdiction is concurrent with the courts and law enforcement
officers of Idaho.
Sec. 32 RCW 77.75.120 and 2000 c 107 s 223 are each amended to
read as follows:
The taking of wildlife from the boundary waters or islands of the
Snake river shall be in accordance with the wildlife laws of the
respective states. Fish and wildlife officers ((and ex officio fish
and wildlife officers)) shall honor the license of either state and the
right of the holder to take wildlife from the boundary waters and
islands in accordance with the laws of the state issuing the license.
NEW SECTION. Sec. 33 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.