S-0081.1          _______________________________________________

                                 SENATE BILL 5112

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senator Madsen

Read first time 01/21/91.  Referred to Committee on Environment & Natural Resources.Requiring that fisheries patrol officers and their watercraft be clearly marked.

     AN ACT Relating to fisheries patrol officers; and amending RCW 75.10.010.

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

     Sec. 1.  RCW 75.10.010 and 1985 c 155 s 1 are each amended to read as follows:

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

     (2) When acting within the scope of subsection (1) of this section and when an offense occurs in the presence of the fisheries patrol officer who is not an ex officio fisheries patrol officer, the fisheries patrol officer may enforce all criminal laws of the state.  The fisheries patrol officer must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a supplemental course in criminal law enforcement as approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.

     (3) Fisheries patrol officers and ex officio fisheries patrol officers may not enforce this title or rules of the director that apply to recreational fishing unless the officers are wearing official uniforms that are clearly and conspicuously marked to indicate to the public their official capacity. Watercraft used to enforce recreational fishing statutes or rules of the director shall be clearly and conspicuously marked to indicate that they are official patrol boats.

(4) Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by a fisheries patrol officer rests with the department of fisheries unless the fisheries patrol officer acts under the direction and control of another agency or unless the liability is otherwise assumed under a written agreement between the department of fisheries and another agency.

     (((4))) (5) Fisheries patrol officers may serve and execute warrants and processes issued by the courts.