S-2923

AN ACT Relating to fisheries patrol officers and wildlife agents; amending RCW 4.24.350, 10.93.020, 46.09.200, 46.10.200, 69.30.110, 69.30.120, 70.93.050, 75.08.160, 75.10.020, 75.10.030, 75.10.040, 75.10.160, 75.25.140, 75.25.170, 76.04.045, 76.48.040, 77.08.010, 77.12.055, 77.12.060, 77.12.620, 77.16.610, 77.32.250, 77.32.380, and 91.14.100; reenacting and amending RCW 75.08.011; adding new sections to chapter 43.43 RCW; adding a new section to Title 75 RCW; adding a new section to Title 77 RCW; creating new sections; repealing RCW 75.08.206, 75.08.208, and 75.10.010; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that a consolidation of fisheries patrol officers and wildlife agents into the Washington state patrol would be beneficial to the fish and wildlife resources, the public, and the individual enforcement officers. Many opportunities to improve enforcement of fish and wildlife laws will result from consolidation. The public will benefit from improved resource protection and from increased efficiency. The officers will benefit from improved morale, increased compensation, greater advancement opportunity, improved equipment, and increased training.

The goal of sections 1 through 6 of this act is a consolidated fish and wildlife enforcement division that will function as a well equipped and highly professional unit, that will produce increased public support, and be an important part of the Washington state patrol.

NEW SECTION. Sec. 2. The Washington state patrol has the authority and duty to enforce Titles 75 and 77 RCW, and the rules adopted under those titles, relating to the time, place and manner of taking food fish, shellfish, game fish, game animals, fur-bearing animals, protected wildlife, predatory animals, predatory birds, and game birds. All personnel directly engaged in the enforcement of Titles 75 and 77 RCW shall be transferred to and become employees of the state patrol. The chief of the state patrol shall establish a special program for commissioning enforcement officers transferred to the patrol from the fisheries and wildlife departments. Transferred enforcement officers shall enforce Titles 75 and 77 RCW until and after such time as they become commissioned officers.

NEW SECTION. Sec. 3. The chief of the state patrol may purchase, construct, lease, and operate such equipment, vehicles, aircraft, boats, and supplies as are necessary to carry out the duties of the state patrol under section 2 of this act.

NEW SECTION. Sec. 4. A new section is added to Title 75 RCW to read as follows:

All personnel engaged in the enforcement of this title and the rules adopted under this title shall be employed, supervised, and controlled by the chief of the state patrol, who shall be the sole official charged with enforcement of this title.

NEW SECTION. Sec. 5. A new section is added to Title 77 RCW to read as follows:

NEW SECTION. Sec. 6. Employees of the department of fisheries and the department of wildlife transferred to the state patrol shall have the option to retain membership in the retirement system in which they were members prior to the transfer, or to become members of the state patrol retirement system upon being commissioned.

NEW SECTION. Sec. 7. All powers, duties, and functions of the departments of fisheries and wildlife pertaining to enforcement of Titles 75 and 77 RCW are transferred to the Washington state patrol. All references to the director or the department of fisheries or department of wildlife in the Revised Code of Washington shall be construed to mean the chief of the state patrol or when referring to the functions transferred in this section.

NEW SECTION. Sec. 8. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the departments of fisheries and wildlife pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington state patrol. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the departments of fisheries and wildlife in carrying out the powers, functions, and duties transferred shall be made available to the Washington state patrol. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the Washington state patrol.

Any appropriations made to the departments of fisheries and wildlife for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the Washington state patrol.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 9. All employees of the departments of fisheries and wildlife engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the Washington state patrol. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state patrol to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 10. All rules and all pending business before the departments of fisheries and wildlife pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the Washington state patrol. All existing contracts and obligations shall remain in full force and shall be performed by the Washington state patrol.

NEW SECTION. Sec. 11. The transfer of the powers, duties, functions, and personnel of the departments of fisheries and wildlife shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 12. If apportionments of budgeted funds are required because of the transfers directed by sections 8 through 11 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 13. Nothing contained in sections 7 through 12 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

Sec. 14. RCW 4.24.350 and 1984 c 133 s 2 are each amended to read as follows:

(1) In any action for damages, whether based on tort or contract or otherwise, a claim or counterclaim for damages may be litigated in the principal action for malicious prosecution on the ground that the action was instituted with knowledge that the same was false, and unfounded, malicious and without probable cause in the filing of such action, or that the same was filed as a part of a conspiracy to misuse judicial process by filing an action known to be false and unfounded.

(2) In any action, claim, or counterclaim brought by a judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution arising out of the performance or purported performance of the public duty of such officer, an arrest or seizure of property need not be an element of the claim, nor do special damages need to be proved. A judicial officer, prosecuting authority, or law enforcement officer prevailing in such an action may be allowed an amount up to one thousand dollars as liquidated damages, together with a reasonable attorneys' fee, and other costs of suit. A government entity which has provided legal services to the prevailing judicial officer, prosecuting authority, or law enforcement officer has reimbursement rights to any award for reasonable attorneys' fees and other costs, but shall have no such rights to any liquidated damages allowed.

(3) No action may be brought against an attorney under this section solely because of that attorney's representation of a party in a lawsuit.

(4) As used in this section:

(a) "Judicial officer" means a justice, judge, magistrate, or other judicial officer of the state or a city, town, or county.

(b) "Prosecuting authority" means any officer or employee of the state or a city, town, or county who is authorized by law to initiate a criminal or civil proceeding on behalf of the public.

(c) "Law enforcement officer" means a member of the state patrol, a sheriff or deputy sheriff, or a member of the police force of a city, town, university, or state college((~~, or a "wildlife agent" or "ex officio wildlife agent" as defined in RCW 77.08.010~~)).

Sec. 15. RCW 10.93.020 and 1988 c 36 s 5 are each amended to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "General authority Washington law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, as distinguished from a limited authority Washington law enforcement agency, and any other unit of government expressly designated by statute as a general authority Washington law enforcement agency. The Washington state patrol is a general authority Washington law enforcement agency.

(2) "Limited authority Washington law enforcement agency" means any agency, political subdivision, or unit of local government of this state, and any agency, department, or division of state government, having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including but not limited to, the state departments of natural resources((~~, fisheries, wildlife,~~)) and social and health services, the state gambling commission, the state lottery commission, the state parks and recreation commission, the state utilities and transportation commission, the state liquor control board, and the state department of corrections.

(3) "General authority Washington peace officer" means any full-time, fully compensated and elected, appointed, or employed officer of a general authority Washington law enforcement agency who is commissioned to enforce the criminal laws of the state of Washington generally.

(4) "Limited authority Washington peace officer" means any full-time, fully compensated officer of a limited authority Washington law enforcement agency empowered by that agency to detect or apprehend violators of the laws in some or all of the limited subject areas for which that agency is responsible. A limited authority Washington peace officer may be a specially commissioned Washington peace officer if otherwise qualified for such status under this chapter.

(5) "Specially commissioned Washington peace officer", for the purposes of this chapter, means any officer, whether part-time or full-time, compensated or not, commissioned by a general authority Washington law enforcement agency to enforce some or all of the criminal laws of the state of Washington, who does not qualify under this chapter as a general authority Washington peace officer for that commissioning agency, specifically including reserve peace officers, and specially commissioned full-time, fully compensated peace officers duly commissioned by the states of Oregon or Idaho or any such peace officer commissioned by a unit of local government of Oregon or Idaho. A reserve peace officer is an individual who is an officer of a Washington law enforcement agency who does not serve such agency on a full-time basis but who, when called by the agency into active service, is fully commissioned on the same basis as full-time peace officers to enforce the criminal laws of the state.

(6) "Federal peace officer" means any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of criminal laws of the United States.

(7) "Agency with primary territorial jurisdiction" means a city or town police agency which has responsibility for police activity within its boundaries; or a county police or sheriff's department which has responsibility with regard to police activity in the unincorporated areas within the county boundaries; or a statutorily authorized port district police agency or four-year state college or university police agency which has responsibility for police activity within the statutorily authorized enforcement boundaries of the port district, state college, or university.

(8) "Primary commissioning agency" means (a) the employing agency in the case of a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer, and (b) the commissioning agency in the case of a specially commissioned Washington peace officer (i) who is performing functions within the course and scope of the special commission and (ii) who is not also a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer.

(9) "Primary function of an agency" means that function to which greater than fifty percent of the agency's resources are allocated.

(10) "Mutual law enforcement assistance" includes, but is not limited to, one or more law enforcement agencies aiding or assisting one or more other such agencies through loans or exchanges of personnel or of material resources, for law enforcement purposes.

Sec. 16. RCW 46.09.200 and 1986 c 100 s 52 are each amended to read as follows:

The provisions of this chapter shall be enforced by all persons having the authority to enforce any of the laws of this state, including, without limitation, officers of the state patrol, county sheriffs and their deputies, all municipal law enforcement officers within their respective jurisdictions, ((~~state wildlife agents and deputy wildlife agents,~~)) state park rangers, ((~~state fisheries patrolmen,~~)) and those employees of the department of natural resources designated by the commissioner of public lands under RCW 43.30.310, 76.04.035, and 76.04.045.

Sec. 17. RCW 46.10.200 and 1980 c 78 s 131 are each amended to read as follows:

The provisions of this chapter shall be enforced by all persons having the authority to enforce any of the laws of this state, including, without limitation, officers of the state patrol, county sheriffs and their deputies, all municipal law enforcement officers within their respective jurisdictions, ((~~wildlife agents,~~)) state park rangers, ((~~state fisheries patrol officers,~~)) and those employees of the department of natural resources designated by the commissioner of public lands under RCW 43.30.310, as having police powers to enforce the laws of this state.

Sec. 18. RCW 69.30.110 and 1985 c 51 s 4 are each amended to read as follows:

It is unlawful to possess a commercial quantity of shellfish or to sell or offer to sell for human consumption shellfish in the state which have not been grown, shucked, packed, or shipped in accordance with the provisions of this chapter. Failure of a shellfish grower to display immediately a certificate of approval issued under RCW 69.30.050 to an authorized representative of the department((~~, a fisheries patrol officer, or an ex officio fisheries~~)) or a Washington state patrol officer subjects the grower to the penalty provisions of this chapter, as well as immediate seizure of the shellfish by the representative or officer.

Failure of a shellfish processor to display a certificate of approval issued under RCW 69.30.060 to an authorized representative of the department((~~, a fisheries patrol officer, or an ex officio fisheries~~)) or a Washington state patrol officer subjects the processor to the penalty provisions of this chapter, as well as immediate seizure of the shellfish by the representative or officer.

Shellfish seized under this section shall be subject to prompt disposal by the representative or officer and may not be used for human consumption. The state board of health shall develop by rule procedures for the disposal of the seized shellfish.

Sec. 19. RCW 69.30.120 and 1985 c 51 s 5 are each amended to read as follows:

The department may enter and inspect any shellfish growing area or establishment for the purposes of determining compliance with this chapter. The department may inspect all certificates of approval and all shellfish, and take for inspection such samples of shellfish as may reasonably be necessary to carry out the provisions of this chapter. For purposes of this chapter, ((~~fisheries patrol officers or ex officio fisheries~~)) Washington state patrol officers are limited to entry, inspection, and destruction of shellfish to achieve compliance with RCW 69.30.110 and to taking for inspection samples of shellfish as may reasonably be necessary to carry out this chapter.

Sec. 20. RCW 70.93.050 and 1980 c 78 s 132 are each amended to read as follows:

The ((~~director shall designate trained employees of the department to be vested with police powers to~~)) chief of the Washington state patrol shall enforce and administer the provisions of this chapter and all rules ((~~and regulations~~)) adopted ((~~thereunder~~)) under this chapter. The ((~~director~~)) chief of the Washington state patrol shall also have authority to contract with other state and local governmental agencies having law enforcement capabilities for services and personnel reasonably necessary to carry out the enforcement provisions of this chapter. ((In addition, state patrol officers, wildlife agents, fire wardens, deputy fire wardens and forest rangers, sheriffs and marshals and their deputies, and police officers, and those employees of the department of ecology and the parks and recreation commission vested with police powers all shall enforce the provisions of this chapter and all rules and regulations adopted thereunder and are hereby empowered to issue citations to and/or arrest without warrant, persons violating any provision of this chapter or any of the rules and regulations adopted hereunder. All of the foregoing enforcement officers may serve and execute all warrants, citations, and other process issued by the courts in enforcing the provisions of this chapter and rules and regulations adopted hereunder. In addition, mailing by registered mail of such warrant, citation, or other process to his last known place of residence shall be deemed as personal service upon the person charged.))

Sec. 21. RCW 75.08.011 and 1990 c 63 s 6 and 1990 c 35 s 3 are each reenacted and amended to read as follows:

As used in this title or rules of the director, unless the context clearly requires otherwise:

(1) "Director" means the director of fisheries.

(2) "Department" means the department of fisheries.

(3) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations.

(4) (("Fisheries patrol officer" means a person appointed and commissioned by the director, with authority to enforce this title, rules of the director, and other statutes as prescribed by the legislature. Fisheries patrol officers are peace officers.

(5) "Ex officio fisheries patrol 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 fisheries patrol officer" also includes wildlife agents, special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

~~(6)~~)) "To fish" and "to take" and their derivatives mean an effort to kill, injure, harass, or catch food fish or shellfish.

((~~(7)~~)) (5) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

((~~(8)~~)) (6) "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.

((~~(9)~~)) (7) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

((~~(10)~~)) (8) "Resident" means a person who has for the preceding ninety days maintained a permanent abode within the state, has established by formal evidence an intent to continue residing within the state, and is not licensed to fish as a resident in another state.

((~~(11)~~)) (9) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

((~~(12)~~)) (10) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that shall not be fished for except as authorized by rule of the director. The term "food fish" includes all stages of development and the bodily parts of food fish species.

((~~(13)~~)) (11) "Shellfish" means those species of marine and freshwater invertebrates that shall not be taken except as authorized by rule of the director. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

((~~(14)~~)) (12) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:

Scientific Name Common Name

Oncorhynchus tshawytscha Chinook salmon

Oncorhynchus kisutch Coho salmon

Oncorhynchus keta Chum salmon

Oncorhynchus gorbuscha Pink salmon

Oncorhynchus nerka Sockeye salmon

((~~(15)~~)) (13) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.

((~~(16)~~)) (14) "To process" and its derivatives mean preparing or preserving food fish or shellfish.

((~~(17)~~)) (15) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.

((~~(18)~~)) (16) "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 to which are attached no more than two single hooks or one artificial bait with no more than ((~~four~~)) two multiple hooks.

((~~(19)~~)) (17) "Open season" means those times, manners of taking, and places or waters established by rule of the director for the lawful fishing, taking, or possession of food fish or shellfish. "Open season" includes the first and last days of the established time.

((~~(20)~~)) (18) "Emerging commercial fishery" means any commercial fishery:

(a) For food fish or shellfish so designated by rule of the director, except that no species harvested under a license limitation program contained in chapter 75.30 RCW may be designated as a species in an emerging commercial fishery.

(b) Which will include, subject to the limitation in (a) of this subsection, all species harvested for commercial purposes as of June 7, 1990, and the future commercial harvest of all other species in the waters of the state of Washington.

((~~(21)~~)) (19) "Experimental fishery permit" means a permit issued by the director to allow the recipient to engage in an emerging commercial fishery.

Sec. 22. RCW 75.08.160 and 1983 1st ex.s. c 46 s 19 are each amended to read as follows:

The director, ((~~fisheries patrol officers, ex officio fisheries patrol officers, and~~)) department employees, and Washington state patrol officers 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 or by the Washington state patrol to land and take off from the beaches or waters of the state. It is unlawful for a person to interfere with the operation of these aircraft.

Sec. 23. RCW 75.10.020 and 1983 1st ex.s. c 46 s 33 are each amended to read as follows:

(1) ((~~Fisheries~~)) Washington state patrol officers may inspect and search without warrant a person, boat, fishing equipment, vehicle, conveyance, container, or property used in catching, processing, storing, or marketing food fish or shellfish which they have reason to believe contain evidence of violations of this title or rules of the director. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile.

(2) ((~~Fisheries patrol officers and ex officio fisheries~~)) Washington state patrol officers may arrest without warrant a person they have reason to believe is in violation of this title or rules of the director.

Sec. 24. RCW 75.10.030 and 1990 c 144 s 5 are each amended to read as follows:

(1) ((~~Fisheries patrol officers and ex officio fisheries~~)) Washington state patrol officers may seize without warrant food fish or shellfish they have reason to believe have been taken, killed, transported, or possessed in violation of this title or rule of the director and may seize without warrant boats, vehicles, gear, appliances, or other articles they have reason to believe ((~~is [are]~~)) are held with intent to violate or ((~~has [have]~~)) have been used in violation of this title or rule of the director. The articles seized shall be subject to forfeiture to the state, regardless of ownership. Articles seized may be recovered by their owner by depositing into court a cash bond equal to the value of the seized articles but not more than twenty-five thousand dollars. The cash bond is subject to forfeiture to the state in lieu of the seized article.

(2)(a) In the event of a seizure of an article under subsection (1) of this section, proceedings for forfeiture shall be deemed commenced by the seizure. Within fifteen days following the seizure, the seizing authority shall serve notice 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 shall be deemed complete upon mailing within the fifteen-day period following the seizure.

(b) If no person notifies the department in writing of the person's claim of ownership or right to possession of the articles seized under subsection (1) of this section within forty-five days of the seizure, the articles shall be deemed forfeited.

(c) If any person notifies the department in writing within forty-five days of the seizure, the person shall be afforded an opportunity to be heard as to the claim or right. The hearing shall be before the director or the 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 articles seized is more than five thousand dollars. The department hearing and any subsequent appeal shall be as provided for in Title 34 RCW. The burden of producing evidence shall be upon the person claiming to be the lawful owner or person claiming lawful right of possession of the articles seized. The department shall promptly return the seized articles to the claimant upon a determination by the director or the director's designee, an administrative law judge, or a court that the claimant is the present lawful owner or is lawfully entitled to possession of the articles seized, and that the seized articles were improperly seized.

(d)(i) No conveyance, including vessels, vehicles, or aircraft, is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent.

(ii) 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 nor consented to the act or omission.

(e) When 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 state general fund, as provided for in RCW 75.08.230.

Sec. 25. RCW 75.10.040 and 1983 1st ex.s. c 46 s 35 are each amended to read as follows:

(1) ((~~Fisheries patrol officers and ex officio fisheries~~)) Washington state patrol officers may serve and execute warrants and processes issued by the courts to enforce this title and rules of the director.

(2) To enforce this title or rules of the director, ((~~fisheries~~)) Washington state patrol officers may call to their aid any equipment, boat, vehicle, or airplane((~~, or ex officio fisheries patrol officer~~)).

(3) It is unlawful to knowingly or willfully resist or obstruct a ((~~fisheries~~)) Washington state patrol officer in the discharge of the officer's duties.

Sec. 26. RCW 75.10.160 and 1989 c 393 s 16 are each amended to read as follows:

((~~Fisheries~~)) Washington state patrol officers are authorized to enforce all provisions of chapter 88.02 RCW and any rules adopted thereunder, and the provisions of RCW 43.51.400 and any rules adopted thereunder.

Sec. 27. RCW 75.25.140 and 1989 c 305 s 12 are each amended to read as follows:

(1) Recreational licenses are not transferable. Upon request of a ((~~fisheries patrol officer, ex officio fisheries~~)) Washington state patrol officer, or authorized fisheries employee, a person digging for or possessing razor clams or fishing for or possessing Hood Canal shrimp or food fish for personal use shall exhibit the required recreational license and 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 does not have a license or is not the person named on the license.

(2) The razor clam license shall be visible on the licensee while digging for razor clams.

Sec. 28. RCW 75.25.170 and 1989 c 305 s 16 are each amended to read as follows:

Fees received for recreational licenses required under this chapter shall be deposited in the general fund and shall be appropriated for (1) management, enhancement, and research((~~, and enforcement~~)) purposes of the shellfish, salmon, and marine fish programs of the department of fisheries and (2) enforcement purposes of the Washington state patrol regarding department of fisheries programs.

Sec. 29. RCW 76.04.045 and 1986 c 100 s 5 are each amended to read as follows:

(1) All Washington state patrol officers, ((~~wildlife agents, fisheries patrol officers,~~)) deputy state fire marshals, and state park rangers, while in their respective jurisdictions, shall be ex officio rangers.

(2) Employees of the United States forest service, when recommended by their forest supervisor, and citizens of the state advantageously located may, at the discretion of the department, be commissioned as rangers and vested with the certain powers and duties of wardens as specified in this chapter and as directed by the department.

(3) Rangers shall receive no compensation for their services except when employed in cooperation with the state and under the provisions of this chapter and shall not create any indebtedness or incur any liability on behalf of the state: PROVIDED, That rangers actually engaged in extinguishing or preventing the spread of fire on forest land or elsewhere that may endanger forest land shall, when their accounts for such service have been approved by the department, be entitled to receive compensation for such services at a rate to be fixed by the department.

(4) The department may cancel the commission of any ranger or authority granted to any ex officio ranger who may be incompetent or unwilling to discharge properly the duties of the office.

Sec. 30. RCW 76.48.040 and 1988 c 36 s 49 are each amended to read as follows:

Agencies charged with the enforcement of this chapter shall include, but not be limited to, the Washington state patrol, county sheriffs and their deputies, county or municipal police forces, authorized personnel of the United States forest service, and authorized personnel of the department((s)) of natural resources((~~, fisheries, and wildlife~~)). Primary enforcement responsibility lies in the county sheriffs and their deputies.

Sec. 31. RCW 77.08.010 and 1989 c 297 s 7 are each amended to read as follows:

As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:

(1) "Director" means the director of wildlife.

(2) "Department" means the department of wildlife.

(3) "Commission" means the state wildlife commission.

(4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

(5) (("Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.

(6) "Ex officio wildlife agent" 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 wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries commission, 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.

~~(7)~~)) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

((~~(8)~~)) (6) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

((~~(9)~~)) (7) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.

((~~(10)~~)) (8) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish. "Open season" includes the first and last days of the established time.

((~~(11)~~)) (9) "Closed season" means all times, manners of taking, and places or waters other than those established as an open season.

((~~(12)~~)) (10) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.

((~~(13)~~)) (11) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

((~~(14)~~)) (12) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

((~~(15)~~)) (13) "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.

((~~(16)~~)) (14) "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, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified by the director of fisheries. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

((~~(17)~~)) (15) "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 the family Muridae of the order Rodentia (old world rats and mice).

((~~(18)~~)) (16) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

((~~(19)~~)) (17) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

((~~(20)~~)) (18) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

((~~(21)~~)) (19) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

((~~(22)~~)) (20) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

((~~(23)~~)) (21) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

((~~(24)~~)) (22) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

((~~(25)~~)) (23) "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.

((~~(26)~~)) (24) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

((~~(27)~~)) (25) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

Sec. 32. RCW 77.12.055 and 1988 c 36 s 50 are each amended to read as follows:

((~~(1)~~)) Jurisdiction and authority granted under RCW 77.12.060, 77.12.070, and 77.12.080 to the ((~~director, wildlife agents, and ex officio wildlife agents~~)) Washington state patrol is limited to the laws and rules adopted pursuant to this title pertaining to wildlife or to the management, operation, maintenance, or use of or conduct on real property used, owned, leased, or controlled by the department and other statutes as prescribed by the legislature. ((However, when acting within the scope of these duties and when an offense occurs in the presence of the wildlife agent who is not an ex officio wildlife agent, the wildlife agent may enforce all criminal laws of the state. The wildlife agent 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.

~~(2) Wildlife agents are peace officers.~~

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

~~(4) Wildlife agents may serve and execute warrants and processes issued by the courts.~~))

Sec. 33. RCW 77.12.060 and 1987 c 506 s 17 are each amended to read as follows:

The ((~~director, wildlife agents, and ex officio wildlife agents~~)) chief of the Washington state patrol and Washington state patrol officers may serve and execute warrants and process issued by the courts to enforce the law and rules adopted pursuant to this title.

To enforce these laws or rules, they may call to their aid any ((~~ex officio wildlife agent or~~)) citizen and that person shall render aid.

Sec. 34. RCW 77.12.620 and 1982 c 155 s 2 are each amended to read as follows:

The ((~~department~~)) chief of the Washington state patrol is authorized to require hunters and ((~~fishermen~~)) fishers occupying a motor vehicle approaching or entering a check station to stop and produce for inspection: (1) Any wildlife in their possession; (2) licenses, permits, tags, stamps, or punchcards required under Title 77 RCW, or rules adopted thereunder. For these purposes, the department is authorized to operate check stations which shall be plainly marked by signs, operated by at least one ((~~uniformed wildlife agent~~)) Washington state patrol officer, and operated in a safe manner.

Sec. 35. RCW 77.16.610 and 1982 c 155 s 3 are each amended to read as follows:

It is unlawful for any hunter or ((~~fisherman~~)) fisher approaching or entering a check station to fail to:

(1) Obey check station signs;

(2) Stop and report at a check station, when directed to do so by a uniformed wildlife agent; or

(3) Produce for inspection, when requested to do so by a ((~~wildlife agent~~)) Washington state patrol officer: (a) Wildlife; or (b) licenses, permits, tags, stamps, or punchcards required under Title 77 RCW, or rules adopted thereunder.

Sec. 36. RCW 77.32.250 and 1981 c 310 s 29 are each amended to read as follows:

Licenses, permits, tags, 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, tag, stamp, or punchcard was issued.

Upon request of a ((~~wildlife agent or ex officio wildlife agent~~)) Washington state patrol officer, persons licensed, operating under a permit, or possessing wildlife under the authority of this chapter shall produce required licenses, permits, tags, stamps, or punchcards for inspection and 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. 37. RCW 77.32.380 and 1991 1st sp.s. c 7 s 12 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 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~~)) Washington state patrol officer a person using clearly identified department of wildlife lands shall exhibit the required license.

Sec. 38. RCW 91.14.100 and 1988 c 36 s 73 are each amended to read as follows:

(1) Every peace officer of this state and its political subdivisions has the authority to enforce this chapter. ((~~Wildlife agents of the department of wildlife and fisheries patrol officers of the department of fisheries, through their directors,~~)) The state patrol, through its chief, county sheriffs, and other local law enforcement bodies, shall assist in the enforcement. In the exercise of this responsibility, all such officers may stop any watercraft and direct it to a suitable pier or anchorage for boarding.

(2) A person, while operating a watercraft on any waters of this state, shall not knowingly flee or attempt to elude a law enforcement officer after having received a signal from the law enforcement officer to bring the boat to a stop.

(3) This chapter shall be construed to supplement federal laws and regulations. To the extent this chapter is inconsistent with federal laws and regulations, the federal laws and regulations shall control.

NEW SECTION. Sec. 39. The following acts or parts of acts are each repealed:

(1) RCW 75.08.206 and 1983 1st ex.s. c 46 s 20, 1971 ex.s. c 289 s 73, & 1953 c 207 s 14;

(2) RCW 75.08.208 and 1983 1st ex.s. c 46 s 22 & 1957 c 216 s 1; and

(3) RCW 75.10.010 and 1985 c 155 s 1, 1983 1st ex.s. c 46 s 32, 1980 c 78 s 133, & 1955 c 12 s 75.08.150.

NEW SECTION. Sec. 40. Sections 1, 2, 3, and 6 of this act are each added to chapter 43.43 RCW.

NEW SECTION. Sec. 41. This act shall take effect July 1, 1993.