H-2494.1          _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 1850

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By House Committee on Revenue (originally sponsored by Representatives Wang and Holland; by request of Department of Wildlife and Office of Financial Management).

 

Read first time March 11, 1991.  Raising various hunting and fishing fees.


     AN ACT Relating to hunting and fishing licenses; amending RCW 77.32.101, 77.32.161, 77.32.191, 77.32.211, 77.32.230, 77.32.240, 77.32.256, 77.32.340, 77.32.350, 77.32.360, 77.32.370, and 77.32.380; adding a new section to chapter 77.32 RCW; creating a new section; providing an effective date; and declaring an emergency.

 

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

 

     NEW SECTION.  Sec. 1.      The department of wildlife is facing serious budget shortfalls in the 1991-93 biennium ending June 30, 1993.  The legislature finds that an increase in the license fees for hunting and fishing related licenses is necessary to ensure appropriate funding for the operations of the department.

 

     Sec. 2.  RCW 77.32.101 and 1985 c 464 s 2 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)) thirty dollars.

     (2) A hunting license allows the holder to hunt throughout the state.  The fee for this license is ((twelve)) fifteen dollars for residents and one hundred ((twenty-five)) fifty-seven dollars for nonresidents.

     (3) A fishing license allows the holder to fish throughout the state.  The fee for this license is ((fourteen)) eighteen dollars for residents fifteen years of age or older and under seventy years of age, three dollars for residents seventy years of age or older, and ((forty)) fifty dollars for nonresidents.

 

     Sec. 3.  RCW 77.32.161 and 1985 c 464 s 3 are each amended to read as follows:

     A nonresident or resident 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 ((seven)) nine dollars for residents and ((fourteen)) eighteen dollars for nonresidents.  The resident temporary fishing license is not valid for an eight consecutive day period beginning on the opening day of the lowland lake fishing season.

 

     Sec. 4.  RCW 77.32.191 and 1987 c 372 s 3 are each amended to read as follows:

     A state trapping license allows the holder to trap fur-bearing animals throughout the state; however, a trapper may not place traps on private property without permission of the owner, lessee, or tenant where the land is improved and apparently used, or where the land is fenced or enclosed in a manner designed to exclude intruders or to indicate a property boundary line, or where notice is given by posting in a conspicuous manner.  A state trapping license is void on April 1st following the date of issuance.  The fee for this license is ((thirty)) thirty-eight dollars for residents sixteen years of age or older, ((twelve)) fifteen dollars for residents under sixteen years of age, and one hundred ((fifty)) eighty-eight dollars for nonresidents.

 

     Sec. 5.  RCW 77.32.211 and 1987 c 506 s 83 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)) eighty-eight 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)) eighty-eight 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)) eighty-eight dollars for a resident and ((five)) six hundred twenty-five 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 rules adopted pursuant to this title.  The fee for this license is ((sixty)) seventy-five dollars for the first year and ((forty)) fifty dollars for each following year.

     (5)  A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the commission.  The fee for this permit is ((twenty)) twenty-five 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)) a fishing contest permit is ((twenty)) twenty-five dollars.  The fee for a field trial contest permit is twenty-five 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 director.  The fee for this license is one hundred ((fifty)) eighty-eight dollars.

 

     Sec. 6.  RCW 77.32.230 and 1988 c 176 s 914 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 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 a resident for ten years may receive, upon application, a fishing license free of charge.

     (3))) A blind person, or a person with a developmental disability as defined in RCW 71A.10.020 with documentation of the disability from the department of social and health services, or a physically handicapped person confined to a wheelchair may receive upon application a fishing license free of charge.

     (((4))) (3) A blind person or a physically handicapped person confined to a wheelchair who has been issued a card for a permanent disability under RCW 46.16.381 may use that card in place of a fishing license unless tags, permits, stamps, or punchcards are required by this chapter.

     (((5))) (4) A fishing license is not required for persons under the age of fifteen.

     (((6))) (5) Tags, permits, stamps, and punchcards required by this chapter shall be purchased separately by persons receiving a free or reduced-fee license.

 

     Sec. 7.  RCW 77.32.240 and 1981 c 310 s 28 are each amended to read as follows:

     A scientific permit allows the holder to collect for research or display wildlife or their nests and eggs as required in RCW 77.32.010 under conditions prescribed by the director.  Before a permit is issued, the applicant shall demonstrate to the director their qualifications and establish the need for the permit.  The director may require a bond of up to one thousand dollars to insure compliance with the permit.  Permits are valid for the time specified, unless sooner revoked.

     Holders of permits may exchange specimens with the approval of the director.

     A permit holder who violates this section shall forfeit the permit and bond and shall not receive a similar permit for one year.  The fee for a scientific permit is ((ten)) thirteen dollars.

 

     Sec. 8.  RCW 77.32.256 and 1987 c 506 s 86 are each amended to read as follows:

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

 

     Sec. 9.  RCW 77.32.340 and 1990 c 84 s 5 are each amended to read as follows:

     Fees for transport tags shall be as follows:

     (1) The fee for a resident deer tag is ((fifteen)) nineteen dollars.  The fee for a nonresident deer tag is ((fifty)) sixty-three dollars.

     (2) The fee for a resident elk tag is ((twenty)) twenty-five dollars.  The fee for a nonresident elk tag is one hundred twenty-five dollars.

     (3) The fee for a resident bear tag is ((fifteen)) nineteen dollars.  The fee for a nonresident bear tag is one hundred ((fifty)) eighty-eight dollars.

     (4) The fee for a resident cougar tag is ((twenty)) twenty-five dollars.  The fee for a nonresident cougar tag is three hundred seventy-five dollars.

     (5) The fee for a mountain goat tag is ((fifty)) sixty-three dollars for residents and one hundred ((fifty)) eighty-eight 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 tag is ((seventy-five)) ninety-four dollars for residents and three hundred seventy-five 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 tag is one hundred ((fifty)) eighty-eight dollars for residents and three hundred seventy-five 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 tag is ((fifteen)) nineteen dollars for residents and sixty-three dollars for nonresidents.

     (9) The fee for a lynx tag is twenty-five dollars for residents and three hundred seventy-five dollars for nonresidents and shall be paid at the time of application.  Applicants who are not selected for a lynx special season permit shall receive a refund of this fee, less five dollars.

 

     Sec. 10.  RCW 77.32.350 and 1990 c 84 s 6 are each amended to read as follows:

     In addition to a basic hunting license, a supplemental license, permit, or stamp is required to hunt for quail, partridge, pheasant, or migratory waterfowl, to hunt with a raptor, or to hunt wild animals with a dog.

     (1) A hound permit is required to hunt wild animals, except rabbits and hares, with a dog.  The fee for this permit is ((ten)) thirteen dollars.

     (2) An eastern Washington upland game bird permit is required to hunt for quail, partridge, and pheasant in eastern Washington.  The fee for this permit is ((eight)) ten dollars.

     (3) A western Washington upland game bird permit is required to hunt for quail, partridge, and pheasant in western Washington.  The fee for this permit is ((fifteen)) nineteen dollars.

     (4) A falconry license is required to possess or hunt with a raptor, including seasons established exclusively for hunting in that manner.  The fee for this license is ((thirty)) thirty-eight dollars.

     (5) A migratory waterfowl stamp affixed to a basic hunting license is required for all persons sixteen years of age or older to hunt migratory waterfowl.  The fee for the stamp is ((five)) seven dollars.

     (6) The migratory waterfowl stamp shall be validated by the signature of the licensee written across the face of the stamp.

     (7) The migratory waterfowl stamps required by this section expire on March 31st following the date of issuance.

 

     Sec. 11.  RCW 77.32.360 and 1990 c 84 s 7 are each amended to read as follows:

     (1) A steelhead catch record card is required to fish for steelhead trout.  The fee for this catch record card is ((fifteen)) nineteen dollars.

     (2) Persons possessing steelhead trout shall immediately validate their catch record card as provided by rule.

     (3) The steelhead catch record card required under this section expires April 30th following the date of issuance.

     (4) Each person who returns a steelhead catch record card 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, catch record card, or stamp required by this chapter.  This subsection does not apply to annual steelhead catch record cards for persons under the age of fifteen.

     (5) Persons under the age of fifteen may purchase an annual steelhead catch record card for ((five)) six dollars.  The ((five-dollar)) six-dollar catch record card entitles the holder to retain no more than five steelhead. After retaining five steelhead, a new catch record card may be purchased.

 

     Sec. 12.  RCW 77.32.370 and 1987 c 506 s 89 are each amended to read as follows:

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

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

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

 

     Sec. 13.  RCW 77.32.380 and 1988 c 36 s 52 are each amended to read as follows:

     Persons sixteen years of age or older who use clearly identified 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 ((eight)) ten dollars annually.

     The spouse, all children under eighteen years of age, and guests under eighteen years of age of the holder of a valid conservation license may use department lands and access facilities when accompanied by the license holder.

     Youth groups may use department lands and game access facilities without possessing a conservation license when accompanied by a license holder.

     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 department of wildlife lands shall exhibit the required license.

 

     NEW SECTION.  Sec. 14.  A new section is added to chapter 77.32 RCW to read as follows:

     (1) The director shall adjust all fees under this chapter annually commencing with licenses purchased after December 31, 1992.  The annual adjustment shall be the lesser of a five percent increase, or the annual percentage change in the implicit price deflator for personal consumption expenditures published by the United States department of commerce.

     (2) Any increase or decrease in the fees for licenses, fees, stamps, or tags shall be rounded up to the nearest dollar.

     (3) The department shall analyze all fees for permits, licenses, stamps, and tags issued by it to ensure the appropriate fee amount is charged.  This analysis shall occur at least every six years.  Where appropriate, the department shall recommend to the legislature that fees be adjusted to ensure that those fees are appropriate.

 

     NEW SECTION.  Sec. 15.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.  Unless both this act and chapter ...., Laws of 1991 (SHB 1250), are referenced by bill number in an omnibus appropriations act enacted before July 1, 1991, this act shall be null and void.