AN ACT Relating to
obsolete references; amending RCW 9.41.090, 9.41.310, 10.93.020, 15.85.010,
15.85.060, 16.68.190, 17.21.230, 19.02.050, 36.61.040, 36.61.050, 38.52.420,
39.04.150, 43.19.450, 43.21A.170, 43.21J.030, 43.51.340, 43.51.432, 43.51.456,
43.51.675, 43.51.943, 43.52.350, 43.63A.247, 43.63A.260, 43.81.010, 43.82.010,
43.83I.188, 43.98B.030, 43.99.110, 43.220.020, 43.220.090, 43.220.120, 46.09.130,
46.09.170, 46.10.130, 46.10.220, 69.04.935, 69.30.070, 70.104.080, 70.105.020,
72.63.020, 72.63.030, 75.10.220, 75.28.770, 75.54.070, 76.09.040, 76.09.050,
76.09.180, 76.48.040, 77.04.030, 77.12.020, 77.12.031, 77.17.010, 77.17.020,
77.17.030, 79.01.805, 79.01.815, 79.66.080, 79.70.030, 79.70.070, 79.70.080,
79.72.020, 79.81.030, 79.94.390, 79.94.400, 79.96.030, 79.96.040, 79.96.050,
79.96.100, 79.96.110, 79.96.130, 79.96.906, 80.50.030, 84.34.055, 86.26.040,
86.26.050, 87.84.061, 88.12.055, 88.12.305, 90.03.280, 90.03.290, 90.03.360,
90.22.010, 90.22.020, 90.24.030, 90.24.060, 90.38.040, 90.48.170, 90.48.368,
90.48.400, 90.56.100, 90.56.110, 90.62.020, 90.70.045, and 90.70.065;
reenacting and amending RCW 41.06.070, 41.26.030, 43.31.621, and 90.03.247; decodifying
RCW 43.220.140; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 9.41.090 and 1988 c
36 s 2 are each amended to read as follows:
(1) In addition to the
other requirements of this chapter, no commercial seller shall deliver a pistol
to the purchaser thereof until:
(a) The purchaser
produces a valid concealed pistol license and the commercial seller has
recorded the purchaser's name, license number, and issuing agency, such record
to be made in triplicate and processed as provided in subsection (4) of this
section; or
(b) The seller is
notified in writing by the chief of police of the municipality or the sheriff
of the county that the purchaser meets the requirements of RCW 9.41.040 and
that the application to purchase is granted; or
(c) Five consecutive
days including Saturday, Sunday and holidays have elapsed from the time of
receipt of the application for the purchase thereof as provided herein by the
chief of police or sheriff designated in subsection (4) of this section, and,
when delivered, said pistol shall be securely wrapped and shall be unloaded.
However, if the purchaser does not have a valid permanent Washington driver's
license or state identification card or has not been a resident of the state
for the previous consecutive ninety days, the waiting period under this
subsection (1)(c) shall be up to sixty days.
(2) In any case under
subsection (1)(c) of this section where the applicant has an outstanding
warrant for his or her arrest from any court of competent jurisdiction for a
felony or misdemeanor, the seller shall hold the delivery of the pistol until
the warrant for arrest is served and satisfied by appropriate court
appearance. The local jurisdiction for purposes of the sale shall confirm the
existence of outstanding warrants within seventy-two hours after notification
of the application to purchase a pistol is received. The local jurisdiction
shall also immediately confirm the satisfaction of the warrant on request of
the seller so that the hold may be released if the warrant was for a crime
other than a crime of violence.
(3) In any case where
the chief or sheriff of the local jurisdiction has reasonable grounds based on
the following circumstances: (a) Open criminal charges, (b) pending criminal
proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for
a crime of violence, or (e) an arrest for a crime of violence if the records of
disposition have not yet been reported or entered sufficiently to determine
eligibility to purchase a pistol, the local jurisdiction may hold the sale and
delivery of the pistol beyond five days up to thirty days in order to confirm
existing records in this state or elsewhere. After thirty days, the hold will
be lifted unless an extension of the thirty days is approved by a local
district court or municipal court for good cause shown. An applicant shall be
notified of each hold placed on the sale by local law enforcement and of any
application to the court for additional hold period to confirm records or
confirm the identity of the applicant.
(4) At the time of
applying for the purchase of a pistol, the purchaser shall sign in triplicate
and deliver to the seller an application containing his or her full name,
address, place of birth, and the date and hour of the application; the
applicant's driver's license number or state identification card number; and a
description of the weapon including, the make, model, caliber and
manufacturer's number; and a statement that the purchaser is eligible to own a
pistol under RCW 9.41.040. The application shall contain a warning
substantially as follows:
CAUTION:
Although state and local laws do not differ, federal law and state law on the
possession of firearms differ. If you are prohibited by federal law from
possessing a firearm, you may be prosecuted in federal court. State permission
to purchase a firearm is not a defense to a federal prosecution.
The purchaser shall be given a
copy of the department of fish and wildlife pamphlet on the legal limits
of the use of firearms, firearms safety, and the fact that local laws and
ordinances on firearms are preempted by state law and must be consistent with
state law.
The seller shall, by the
end of the business day, sign and attach his or her address and deliver the
original of the application and such other documentation as required under
subsection (1) of this section to the chief of police of the municipality or
the sheriff of the county of which the seller is a resident. The seller shall
deliver the pistol to the purchaser following the period of time specified in
this section unless the seller is notified in writing by the chief of police of
the municipality or the sheriff of the county, whichever is applicable, denying
the purchaser's application to purchase and the grounds thereof. The
application shall not be denied unless the purchaser fails to meet the
requirements specified in RCW 9.41.040. The chief of police of the
municipality or the county sheriff shall maintain a file containing the
original of the application to purchase a pistol.
Sec. 2. RCW 9.41.310 and 1988 c
36 s 4 are each amended to read as follows:
After a public hearing,
the department of fish and wildlife shall publish a pamphlet on firearms
safety and the legal limits of the use of firearms. The pamphlet shall include
current information on firearms laws and regulations and state preemption of
local firearms laws. This pamphlet may be used in the department's hunter
safety education program and shall be provided to the department of licensing
for distribution to firearms dealers and persons authorized to issue concealed
pistol licenses. The department of fish and wildlife shall reimburse
the department of licensing for costs associated with distribution of the
pamphlet.
Sec. 3. 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,)) fish
and 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. 4. RCW 15.85.010 and 1985 c
457 s 1 are each amended to read as follows:
The legislature
declares that aquatic farming provides a consistent source of quality food,
offers opportunities of new jobs, increased farm income stability, and improves
balance of trade.
The legislature finds
that many areas of the state of Washington are scientifically and biologically
suitable for aquaculture development, and therefore the legislature encourages
promotion of aquacultural activities, programs, and development with the same
status as other agricultural activities, programs, and development within the
state.
The legislature finds
that aquaculture should be considered a branch of the agricultural industry of
the state for purposes of any laws that apply to or provide for the
advancement, benefit, or protection of the agriculture industry within the
state.
The legislature further
finds that in order to ensure the maximum yield and quality of cultured aquatic
products, the department of ((fisheries)) fish and wildlife
should provide diagnostic services that are workable and proven remedies to
aquaculture disease problems.
It is therefore the
policy of this state to encourage the development and expansion of aquaculture
within the state. It is also the policy of this state to protect wildstock
fisheries by providing an effective disease inspection and control program and
prohibiting the release of salmon or steelhead trout by the private sector into
the public waters of the state and the subsequent recapture of such species as
in the practice commonly known as ocean ranching.
Sec. 5. RCW 15.85.060 and 1988 c
36 s 6 are each amended to read as follows:
The director shall
establish identification requirements for private sector cultured aquatic
products to the extent that identifying the source and quantity of the products
is necessary to permit the department((s of fisheries)) of fish
and wildlife to administer and enforce Titles 75 and 77 RCW effectively. The
rules shall apply only to those private sector cultured aquatic products the
transportation, sale, processing, or other possession of which would otherwise
be required to be licensed under Title 75 or 77 RCW if they were not cultivated
by aquatic farmers. The rules shall apply to the transportation or possession
of such products on land other than aquatic lands and may require that they
be: (1) Placed in labeled containers or accompanied by bills of lading or sale
or similar documents identifying the name and address of the producer of the
products and the quantity of the products governed by the documents; or (2)
both labeled and accompanied by such documents.
The director shall
consult with the director((s of the departments)) of ((fisheries))
fish and wildlife to ensure that such rules enable the department((s
of fisheries)) of fish and wildlife to enforce the programs
administered under those titles. If rules adopted under chapter 69.30 RCW
satisfy the identification required under this section for shellfish, the
director shall not establish different shellfish identification requirements
under this section.
Sec. 6. RCW 16.68.190 and 1988 c
36 s 7 are each amended to read as follows:
Nothing in this chapter
shall prohibit the ((state)) department of fish and wildlife from
using the carcasses of dead animals for trap bait in their regular trapping
operations.
Sec. 7. RCW 17.21.230 and 1989 c
380 s 54 are each amended to read as follows:
There is hereby created
a pesticide advisory board consisting of three licensed pesticide applicators
residing in the state (one shall be licensed to operate ground apparatus, one
shall be licensed to operate aerial apparatus, and one shall be licensed for
structural pest control), one licensed pest control consultant, one licensed
pesticide dealer manager, one entomologist in public service, one toxicologist
in public service, one pesticide coordinator from Washington State University,
one member from the agricultural chemical industry, one member from the food
processing industry, one member representing agricultural labor, one health
care practitioner in private practice, one member from the environmental
community, and two producers of agricultural crops or products on which
pesticides are applied or which may be affected by the application of
pesticides. Such members shall be appointed by the governor for terms of four
years and may be appointed for successive four year terms at the discretion of
the governor. The governor may remove any member of the pesticide advisory
board prior to the expiration of his or her term of appointment for cause. The
pesticide advisory board shall also include the following nonvoting members:
The director of the department of labor and industries or a duly authorized
representative, the environmental health specialist from the division of health
of the department of social and health services, the supervisor of the chemical
division of the department, and the directors, or their appointed
representatives, of the departments of fish and wildlife, ((fisheries,))
natural resources, and ecology.
Sec. 8. RCW 19.02.050 and 1989
1st ex.s. c 9 s 317 are each amended to read as follows:
(1) The legislature
hereby directs the full participation by the following agencies in the
implementation of this chapter:
(a) Department of
agriculture;
(b) Secretary of state;
(c) Department of
social and health services;
(d) Department of
revenue;
(e) Department of ((fisheries))
fish and wildlife;
(f) Department of
employment security;
(g) Department of labor
and industries;
(h) Department of community,
trade, and economic development;
(i) Liquor control
board;
(j) Department of
health;
(k) Department of
licensing;
(l) Utilities and
transportation commission; and
(m) Other agencies as
determined by the governor.
Sec. 9. RCW 36.61.040 and 1988 c
36 s 9 are each amended to read as follows:
Notice of the public
hearing shall be published in at least two consecutive issues of a newspaper of
general circulation in the proposed lake management district, the date of the
first publication to be at least fifteen days prior to the date fixed for the
public hearing by the resolution of intention. Notice of the public hearing
shall also be given to the owner or reputed owner of any lot, tract, parcel of
land, or other property within the proposed lake management district by mailing
the notice at least fifteen days before the date fixed for the public hearing
to the owner or reputed owner of the property as shown on the tax rolls of the
county assessor at the address shown thereon. Notice of the public hearing
shall also be mailed to the departments of ((fisheries,)) fish and
wildlife((,)) and ecology at least fifteen days before the date fixed
for the public hearing.
Notices of the public
hearing shall: (1) Refer to the resolution of intention; (2) designate the
proposed lake management district by number; (3) set forth a proposed plan
describing: (a) The nature of the proposed lake improvement or maintenance
activities; (b) the amount of special assessments or rates and charges proposed
to be raised by the lake management district; (c) if special assessments are
proposed to be imposed, whether the special assessments will be imposed
annually for the duration of the lake management district, or the full special
assessments will be payable at one time, with the possibility of periodic
installments being paid and lake management bonds being issued, or both; (d) if
rates and charges are proposed to be imposed, the annual amount of revenue
proposed to be collected and whether revenue bonds payable from the rates and
charges are proposed to be issued; and (e) the proposed duration of the lake
management district; and (4) indicate the date, time, and place of the public
hearing designated in the resolution of intention.
In the case of the
notice sent to each owner or reputed owner by mail, the notice shall set forth
the estimated amount of the cost of the lake improvement or maintenance
activities to be borne by special assessment, or annual special assessments, or
rates and charges on the lot, tract, parcel of land, or other property owned by
the owner or reputed owner.
If the county
legislative authority has designated a committee of itself or an officer to
hear complaints and make recommendations to the full county legislative
authority, as provided in RCW 36.61.060, the notice shall also describe this
additional step before the full county legislative authority may adopt a
resolution creating the lake management district.
Sec. 10. RCW 36.61.050 and 1988 c
36 s 10 are each amended to read as follows:
The county legislative
authority shall hold a public hearing on the proposed lake management district
at the date, time, and place designated in the resolution of intention.
At this hearing the
county legislative authority shall hear objections from any person affected by
the formation of the lake management district. Representatives of the
departments of ((fisheries,)) fish and wildlife((,)) and
ecology shall be afforded opportunities to make presentations on and comment on
the proposal. Members of the public shall be afforded an opportunity to
comment on the proposal. The county legislative authority must consider
recommendations provided to it by the departments of ((fisheries,)) fish
and wildlife((,)) and ecology. The public hearing may be extended
to other times and dates declared at the public hearing. The county
legislative authority may make such changes in the boundaries of the lake
management district or such modification in plans for the proposed lake
improvement or maintenance activities as it deems necessary. The county
legislative authority may not change boundaries of the lake management district
to include property that was not included previously without first passing an
amended resolution of intention and giving new notice to the owners or reputed
owners of property newly included in the proposed lake management district in
the manner and form and within the time provided for the original notice. The
county legislative authority shall not alter the plans for the proposed lake
improvement or maintenance activities to result in an increase in the amount of
money proposed to be raised, and shall not increase the amount of money
proposed to be raised, without first passing an amended resolution of intention
and giving new notice to property owners in the manner and form and within the
time provided for the original notice.
Sec. 11. RCW 38.52.420 and 1988 c
36 s 11 are each amended to read as follows:
(1) The department of
community, trade, and economic development, in consultation with
appropriate federal agencies, the departments of natural resources, fish and
wildlife, ((fisheries,)) and ecology, representatives of local
government, and any other person the director may deem appropriate, shall
develop a model contingency plan, consistent with other plans required for
hazardous materials by federal and state law, to serve as a draft plan for
local governments which may be incorporated into the state and local emergency
management plans.
(2) The model contingency
plan shall:
(a) Include specific
recommendations for pollution control facilities which are deemed to be most
appropriate for the control, collection, storage, treatment, disposal, and
recycling of oil and other spilled material and furthering the prevention and
mitigation of such pollution;
(b) Include
recommendations for the training of local personnel consistent with other
training proposed, funded, or required by federal or state laws for hazardous
materials;
(c) Suggest cooperative
training exercises between the public and private sector consistent with other
training proposed, funded, or required by federal or state laws for hazardous
materials;
(d) Identify federal
and state laws requiring contingency or management plans applicable or related
to prevention of pollution, emergency response capabilities, and hazardous
waste management, together with a list of funding sources that local
governments may use in development of their specific plans;
(e) Promote formal
agreements between the department of community, trade, and economic
development and local entities for effective spill response; and
(f) Develop policies
and procedures for the augmentation of emergency services and agency spill
response personnel through the use of volunteers: PROVIDED, That no
contingency plan may require the use of volunteers by a responding responsible
party without that party's consent.
Sec. 12. RCW 39.04.150 and 1993 c
379 s 112 are each amended to read as follows:
(1) As used in this
section, "agency" means the department of general administration, ((the
department of fisheries,)) the department of fish and wildlife, and
the state parks and recreation commission.
(2) In addition to any
other power or authority that an agency may have, each agency, alone or in
concert, may establish a small works roster consisting of all qualified
contractors who have requested to be included on the roster.
(3) The small works
roster may make distinctions between contractors based on the geographic areas
served and the nature of the work the contractor is qualified to perform. At
least once every year, the agency shall advertise in a newspaper of general
circulation the existence of the small works roster and shall add to the roster
those contractors who request to be included on the roster.
(4) Construction,
repair, or alteration projects estimated to cost less than fifty thousand
dollars, or less than one hundred thousand dollars for projects managed by the
department of general administration for community colleges and technical
colleges, as defined under chapter 28B.50 RCW, are exempt from the requirement
that the contracts be awarded after advertisement and competitive bid as
defined by RCW 39.04.010. In lieu of advertisement and competitive bid, the
agency shall solicit at least five quotations, confirmed in writing, from
contractors chosen by random number generated by computer from the contractors
on the small works roster for the category of job type involved and shall award
the work to the party with the lowest quotation or reject all quotations. If
the agency is unable to solicit quotations from five qualified contractors on
the small works roster for a particular project, then the project shall be
advertised and competitively bid. The agency shall solicit quotations randomly
from contractors on the small works roster in a manner which will equitably
distribute the opportunity for these contracts among contractors on the
roster: PROVIDED, That whenever possible, the agency shall invite at least one
proposal from a minority contractor who shall otherwise qualify to perform such
work. Immediately after an award is made, the bid quotations obtained shall be
recorded, open to public inspection, and available by telephone request.
(5) The breaking down
of any public work or improvement into units or accomplishing any public work
or improvement by phases for the purpose of avoiding the minimum dollar amount
for bidding is contrary to public policy and is prohibited.
(6) The director of
general administration shall adopt by rule a procedure to prequalify
contractors for inclusion on the small works roster. Each agency shall follow
the procedure adopted by the director of general administration. No agency
shall be required to make available for public inspection or copying under
chapter 42.17 RCW financial information required to be provided by the
prequalification procedure.
(7) An agency may adopt
by rule procedures to implement this section which shall not be inconsistent
with the procedures adopted by the director of the department of general
administration pursuant to subsection (6) of this section.
Sec. 13. RCW 41.06.070 and 1993
sp.s. c 2 s 15 and 1993 c 379 s 306 are each reenacted and amended to read as
follows:
(1) The provisions of
this chapter do not apply to:
(a) The members of the
legislature or to any employee of, or position in, the legislative branch of
the state government including members, officers, and employees of the
legislative council, legislative budget committee, statute law committee, and
any interim committee of the legislature;
(b) The justices of the
supreme court, judges of the court of appeals, judges of the superior courts or
of the inferior courts, or to any employee of, or position in the judicial
branch of state government;
(c) Officers, academic
personnel, and employees of technical colleges;
(d) The officers of the
Washington state patrol;
(e) Elective officers
of the state;
(f) The chief executive
officer of each agency;
(g) In the departments
of employment security((,)) and social and health services, the
director and the director's confidential secretary; in all other departments,
the executive head of which is an individual appointed by the governor, the
director, his or her confidential secretary, and his or her statutory assistant
directors;
(h) In the case of a
multimember board, commission, or committee, whether the members thereof are
elected, appointed by the governor or other authority, serve ex officio, or are
otherwise chosen:
(i) All members of such
boards, commissions, or committees;
(ii) If the members of
the board, commission, or committee serve on a part-time basis and there is a
statutory executive officer: The secretary of the board, commission, or
committee; the chief executive officer of the board, commission, or committee;
and the confidential secretary of the chief executive officer of the board,
commission, or committee;
(iii) If the members of
the board, commission, or committee serve on a full-time basis: The chief
executive officer or administrative officer as designated by the board,
commission, or committee; and a confidential secretary to the chair of the
board, commission, or committee;
(iv) If all members of
the board, commission, or committee serve ex officio: The chief executive
officer; and the confidential secretary of such chief executive officer;
(i) The confidential
secretaries and administrative assistants in the immediate offices of the
elective officers of the state;
(j) Assistant attorneys
general;
(k) Commissioned and
enlisted personnel in the military service of the state;
(l) Inmate, student,
part-time, or temporary employees, and part-time professional consultants, as
defined by the Washington personnel resources board;
(m) The public printer
or to any employees of or positions in the state printing plant;
(n) Officers and
employees of the Washington state fruit commission;
(o) Officers and
employees of the Washington state apple advertising commission;
(p) Officers and
employees of the Washington state dairy products commission;
(q) Officers and
employees of the Washington tree fruit research commission;
(r) Officers and
employees of the Washington state beef commission;
(s) Officers and
employees of any commission formed under chapter 15.66 RCW;
(t) Officers and
employees of the state wheat commission formed under chapter 15.63 RCW;
(u) Officers and
employees of agricultural commissions formed under chapter 15.65 RCW;
(v) Officers and
employees of the nonprofit corporation formed under chapter 67.40 RCW;
(w) Liquor vendors
appointed by the Washington state liquor control board pursuant to RCW
66.08.050: PROVIDED, HOWEVER, That rules adopted by the Washington personnel
resources board pursuant to RCW 41.06.150 regarding the basis for, and
procedures to be followed for, the dismissal, suspension, or demotion of an
employee, and appeals therefrom shall be fully applicable to liquor vendors
except those part time agency vendors employed by the liquor control board
when, in addition to the sale of liquor for the state, they sell goods, wares,
merchandise, or services as a self-sustaining private retail business;
(x) Executive
assistants for personnel administration and labor relations in all state
agencies employing such executive assistants including but not limited to all
departments, offices, commissions, committees, boards, or other bodies subject
to the provisions of this chapter and this subsection shall prevail over any
provision of law inconsistent herewith unless specific exception is made in
such law;
(y) In each agency with
fifty or more employees: Deputy agency heads, assistant directors or division
directors, and not more than three principal policy assistants who report
directly to the agency head or deputy agency heads;
(z) All employees of
the marine employees' commission;
(aa) Up to a total of
five senior staff positions of the western library network under chapter 27.26
RCW responsible for formulating policy or for directing program management of a
major administrative unit. This subsection shall expire on June 30, 1997.
(2) The following
classifications, positions, and employees of institutions of higher education
and related boards are hereby exempted from coverage of this chapter:
(a) Members of the
governing board of each institution of higher education and related boards,
all presidents, vice-presidents and their confidential secretaries,
administrative and personal assistants; deans, directors, and chairs; academic
personnel; and executive heads of major administrative or academic divisions
employed by institutions of higher education; principal assistants to executive
heads of major administrative or academic divisions; other managerial or
professional employees in an institution or related board having substantial
responsibility for directing or controlling program operations and accountable
for allocation of resources and program results, or for the formulation of
institutional policy, or for carrying out personnel administration or labor
relations functions, legislative relations, public information, development,
senior computer systems and network programming, or internal audits and
investigations; and any employee of a community college district whose place of
work is one which is physically located outside the state of Washington and who
is employed pursuant to RCW 28B.50.092 and assigned to an educational program
operating outside of the state of Washington;
(b) Student, part-time,
or temporary employees, and part-time professional consultants, as defined by
the Washington personnel resources board, employed by institutions of higher
education and related boards;
(c) The governing board
of each institution, and related boards, may also exempt from this chapter
classifications involving research activities, counseling of students,
extension or continuing education activities, graphic arts or publications
activities requiring prescribed academic preparation or special training as
determined by the board: PROVIDED, That no nonacademic employee engaged in
office, clerical, maintenance, or food and trade services may be exempted by
the board under this provision;
(d) Printing craft
employees in the department of printing at the University of Washington.
(3) In addition to the
exemptions specifically provided by this chapter, the Washington personnel
resources board may provide for further exemptions pursuant to the following
procedures. The governor or other appropriate elected official may submit
requests for exemption to the Washington personnel resources board stating the
reasons for requesting such exemptions. The Washington personnel resources
board shall hold a public hearing, after proper notice, on requests submitted
pursuant to this subsection. If the board determines that the position for
which exemption is requested is one involving substantial responsibility for
the formulation of basic agency or executive policy or one involving directing
and controlling program operations of an agency or a major administrative
division thereof, the Washington personnel resources board shall grant the
request and such determination shall be final as to any decision made before
July 1, 1993. The total number of additional exemptions permitted under this
subsection shall not exceed one percent of the number of employees in the
classified service not including employees of institutions of higher education
and related boards for those agencies not directly under the authority of any
elected public official other than the governor, and shall not exceed a total
of twenty-five for all agencies under the authority of elected public officials
other than the governor. The Washington personnel resources board shall report
to each regular session of the legislature during an odd-numbered year all
exemptions granted under subsections (1) (x) and (y) and (2) of this section,
together with the reasons for such exemptions.
The salary and fringe
benefits of all positions presently or hereafter exempted except for the chief
executive officer of each agency, full-time members of boards and commissions,
administrative assistants and confidential secretaries in the immediate office
of an elected state official, and the personnel listed in subsections (1) (j)
through (v) and (2) of this section, shall be determined by the Washington
personnel resources board.
Any person holding a
classified position subject to the provisions of this chapter shall, when and
if such position is subsequently exempted from the application of this chapter,
be afforded the following rights: If such person previously held permanent
status in another classified position, such person shall have a right of
reversion to the highest class of position previously held, or to a position of
similar nature and salary.
Any classified employee
having civil service status in a classified position who accepts an appointment
in an exempt position shall have the right of reversion to the highest class of
position previously held, or to a position of similar nature and salary.
A person occupying an
exempt position who is terminated from the position for gross misconduct or malfeasance
does not have the right of reversion to a classified position as provided for
in this section.
Sec. 14. RCW 41.26.030 and 1993 c
502 s 1 and 1993 c 322 s 1 are each reenacted and amended to read as follows:
As used in this
chapter, unless a different meaning is plainly required by the context:
(1) "Retirement
system" means the "Washington law enforcement officers' and fire
fighters' retirement system" provided herein.
(2)(a)
"Employer" for plan I members, means the legislative authority of any
city, town, county, or district or the elected officials of any municipal
corporation that employs any law enforcement officer and/or fire fighter, any
authorized association of such municipalities, and, except for the purposes of
RCW 41.26.150, any labor guild, association, or organization, which represents
the fire fighters or law enforcement officers of at least seven cities of over
20,000 population and the membership of each local lodge or division of which
is composed of at least sixty percent law enforcement officers or fire fighters
as defined in this chapter.
(b)
"Employer" for plan II members, means the following entities to the
extent that the entity employs any law enforcement officer and/or fire fighter:
(i) The legislative
authority of any city, town, county, or district;
(ii) The elected
officials of any municipal corporation; or
(iii) The governing
body of any other general authority law enforcement agency.
(3) "Law
enforcement officer" beginning January 1, 1994, means any person who is
commissioned and employed by an employer on a full time, fully compensated
basis to enforce the criminal laws of the state of Washington generally, with
the following qualifications:
(a) No person who is
serving in a position that is basically clerical or secretarial in nature, and
who is not commissioned shall be considered a law enforcement officer;
(b) Only those deputy
sheriffs, including those serving under a different title pursuant to county
charter, who have successfully completed a civil service examination for deputy
sheriff or the equivalent position, where a different title is used, and those
persons serving in unclassified positions authorized by RCW 41.14.070 except a
private secretary will be considered law enforcement officers;
(c) Only such full time
commissioned law enforcement personnel as have been appointed to offices,
positions, or ranks in the police department which have been specifically
created or otherwise expressly provided for and designated by city charter
provision or by ordinance enacted by the legislative body of the city shall be
considered city police officers;
(d) The term "law
enforcement officer" also includes the executive secretary of a labor
guild, association or organization (which is an employer under RCW 41.26.030(2)
as now or hereafter amended) if that individual has five years previous
membership in the retirement system established in chapter 41.20 RCW. The
provisions of this subsection (3)(d) shall not apply to plan II members; and
(e) The term "law
enforcement officer" also includes a person employed on or after January
1, 1993, as a public safety officer or director of public safety, so long as
the job duties substantially involve only either police or fire duties, or
both, and no other duties in a city or town with a population of less than ten
thousand. The provisions of this subsection (3)(e) shall not apply to any
public safety officer or director of public safety who is receiving a
retirement allowance under this chapter as of May 12, 1993.
(4) "Fire
fighter" means:
(a) Any person who is
serving on a full time, fully compensated basis as a member of a fire
department of an employer and who is serving in a position which requires
passing a civil service examination for fire fighter, and who is actively
employed as such;
(b) Anyone who is
actively employed as a full time fire fighter where the fire department does
not have a civil service examination;
(c) Supervisory fire
fighter personnel;
(d) Any full time
executive secretary of an association of fire protection districts authorized
under RCW 52.12.031. The provisions of this subsection (4)(d) shall not apply
to plan II members;
(e) The executive
secretary of a labor guild, association or organization (which is an employer
under RCW 41.26.030(2) as now or hereafter amended), if such individual has
five years previous membership in a retirement system established in chapter
41.16 or 41.18 RCW. The provisions of this subsection (4)(e) shall not apply
to plan II members;
(f) Any person who is
serving on a full time, fully compensated basis for an employer, as a fire
dispatcher, in a department in which, on March 1, 1970, a dispatcher was
required to have passed a civil service examination for fire fighter; and
(g) Any person who on
March 1, 1970, was employed on a full time, fully compensated basis by an
employer, and who on May 21, 1971, was making retirement contributions under the
provisions of chapter 41.16 or 41.18 RCW.
(5)
"Department" means the department of retirement systems created in
chapter 41.50 RCW.
(6) "Surviving
spouse" means the surviving widow or widower of a member. "Surviving
spouse" shall not include the divorced spouse of a member except as
provided in RCW 41.26.162.
(7)(a)
"Child" or "children" means an unmarried person who is
under the age of eighteen or mentally or physically handicapped as determined
by the department, except a handicapped person in the full time care of a state
institution, who is:
(i) A natural born
child;
(ii) A stepchild where
that relationship was in existence prior to the date benefits are payable under
this chapter;
(iii) A posthumous
child;
(iv) A child legally
adopted or made a legal ward of a member prior to the date benefits are payable
under this chapter; or
(v) An illegitimate
child legitimized prior to the date any benefits are payable under this
chapter.
(b) A person shall also
be deemed to be a child up to and including the age of twenty years and eleven
months while attending any high school, college, or vocational or other
educational institution accredited, licensed, or approved by the state, in
which it is located, including the summer vacation months and all other normal
and regular vacation periods at the particular educational institution after
which the child returns to school.
(8) "Member"
means any fire fighter, law enforcement officer, or other person as would apply
under subsections (3) or (4) of this section whose membership is transferred
to the Washington law enforcement officers' and fire fighters' retirement
system on or after March 1, 1970, and every law enforcement officer and fire
fighter who is employed in that capacity on or after such date.
(9) "Retirement
fund" means the "Washington law enforcement officers' and fire
fighters' retirement system fund" as provided for herein.
(10)
"Employee" means any law enforcement officer or fire fighter as
defined in subsections (3) and (4) of this section.
(11)(a)
"Beneficiary" for plan I members, means any person in receipt of a
retirement allowance, disability allowance, death benefit, or any other benefit
described herein.
(b)
"Beneficiary" for plan II members, means any person in receipt of a
retirement allowance or other benefit provided by this chapter resulting from
service rendered to an employer by another person.
(12)(a) "Final
average salary" for plan I members, means (i) for a member holding the
same position or rank for a minimum of twelve months preceding the date of
retirement, the basic salary attached to such same position or rank at time of
retirement; (ii) for any other member, including a civil service member who has
not served a minimum of twelve months in the same position or rank preceding
the date of retirement, the average of the greatest basic salaries payable to
such member during any consecutive twenty-four month period within such
member's last ten years of service for which service credit is allowed,
computed by dividing the total basic salaries payable to such member during the
selected twenty-four month period by twenty-four; (iii) in the case of
disability of any member, the basic salary payable to such member at the time
of disability retirement; (iv) in the case of a member who hereafter vests
pursuant to RCW 41.26.090, the basic salary payable to such member at the time
of vesting.
(b) "Final average
salary" for plan II members, means the monthly average of the member's
basic salary for the highest consecutive sixty service credit months of service
prior to such member's retirement, termination, or death. Periods
constituting authorized unpaid leaves of absence may not be used in the
calculation of final average salary.
(13)(a) "Basic
salary" for plan I members, means the basic monthly rate of salary or
wages, including longevity pay but not including overtime earnings or special
salary or wages, upon which pension or retirement benefits will be computed
and upon which employer contributions and salary deductions will be based.
(b) "Basic
salary" for plan II members, means salaries or wages earned by a member
during a payroll period for personal services, including overtime payments, and
shall include wages and salaries deferred under provisions established pursuant
to sections 403(b), 414(h), and 457 of the United States Internal Revenue Code,
but shall exclude lump sum payments for deferred annual sick leave, unused
accumulated vacation, unused accumulated annual leave, or any form of severance
pay. In any year in which a member serves in the legislature the member shall
have the option of having such member's basic salary be the greater of:
(i) The basic salary
the member would have received had such member not served in the legislature;
or
(ii) Such member's actual
basic salary received for nonlegislative public employment and legislative
service combined. Any additional contributions to the retirement system
required because basic salary under (b)(i) of this subsection is greater than
basic salary under (b)(ii) of this subsection shall be paid by the member for
both member and employer contributions.
(14)(a)
"Service" for plan I members, means all periods of employment for an
employer as a fire fighter or law enforcement officer, for which compensation
is paid, together with periods of suspension not exceeding thirty days in
duration. For the purposes of this chapter service shall also include service
in the armed forces of the United States as provided in RCW 41.26.190. Credit
shall be allowed for all service credit months of service rendered by a member
from and after the member's initial commencement of employment as a fire
fighter or law enforcement officer, during which the member worked for seventy
or more hours, or was on disability leave or disability retirement. Only
service credit months of service shall be counted in the computation of any
retirement allowance or other benefit provided for in this chapter.
(i) For members
retiring after May 21, 1971 who were employed under the coverage of a prior pension
act before March 1, 1970, "service" shall also include (A) such
military service not exceeding five years as was creditable to the member as of
March 1, 1970, under the member's particular prior pension act, and (B) such
other periods of service as were then creditable to a particular member under
the provisions of RCW 41.18.165, 41.20.160 or 41.20.170. However, in no event
shall credit be allowed for any service rendered prior to March 1, 1970, where
the member at the time of rendition of such service was employed in a position
covered by a prior pension act, unless such service, at the time credit is
claimed therefor, is also creditable under the provisions of such prior act.
(ii) A member who is
employed by two employers at the same time shall only be credited with service
to one such employer for any month during which the member rendered such dual
service.
(b) "Service"
for plan II members, means periods of employment by a member for one or more
employers for which basic salary is earned for ninety or more hours per
calendar month which shall constitute a service credit month. Periods of
employment by a member for one or more employers for which basic salary is
earned for at least seventy hours but less than ninety hours per calendar month
shall constitute one-half service credit month. Periods of employment by a
member for one or more employers for which basic salary is earned for less than
seventy hours shall constitute a one-quarter service credit month.
Members of the
retirement system who are elected or appointed to a state elective position may
elect to continue to be members of this retirement system.
Service credit years of
service shall be determined by dividing the total number of service credit
months of service by twelve. Any fraction of a service credit year of service
as so determined shall be taken into account in the computation of such
retirement allowance or benefits.
If a member receives
basic salary from two or more employers during any calendar month, the
individual shall receive one service credit month's service credit during any
calendar month in which multiple service for ninety or more hours is rendered;
or one-half service credit month's service credit during any calendar month in
which multiple service for at least seventy hours but less than ninety hours is
rendered; or one-quarter service credit month during any calendar month in
which multiple service for less than seventy hours is rendered.
(15) "Accumulated
contributions" means the employee's contributions made by a member plus
accrued interest credited thereon.
(16) "Actuarial
reserve" means a method of financing a pension or retirement plan wherein
reserves are accumulated as the liabilities for benefit payments are incurred
in order that sufficient funds will be available on the date of retirement of
each member to pay the member's future benefits during the period of retirement.
(17) "Actuarial
valuation" means a mathematical determination of the financial condition
of a retirement plan. It includes the computation of the present monetary
value of benefits payable to present members, and the present monetary value of
future employer and employee contributions, giving effect to mortality among
active and retired members and also to the rates of disability, retirement,
withdrawal from service, salary and interest earned on investments.
(18) "Disability
board" for plan I members means either the county disability board or the
city disability board established in RCW 41.26.110.
(19) "Disability
leave" means the period of six months or any portion thereof during which
a member is on leave at an allowance equal to the member's full salary prior to
the commencement of disability retirement. The definition contained in this
subsection shall apply only to plan I members.
(20) "Disability
retirement" for plan I members, means the period following termination of
a member's disability leave, during which the member is in receipt of a
disability retirement allowance.
(21)
"Position" means the employment held at any particular time, which
may or may not be the same as civil service rank.
(22) "Medical
services" for plan I members, shall include the following as minimum
services to be provided. Reasonable charges for these services shall be paid
in accordance with RCW 41.26.150.
(a) Hospital expenses:
These are the charges made by a hospital, in its own behalf, for
(i) Board and room not
to exceed semiprivate room rate unless private room is required by the
attending physician due to the condition of the patient.
(ii) Necessary hospital
services, other than board and room, furnished by the hospital.
(b) Other medical
expenses: The following charges are considered "other medical
expenses", provided that they have not been considered as "hospital
expenses".
(i) The fees of the
following:
(A) A physician or
surgeon licensed under the provisions of chapter 18.71 RCW;
(B) An osteopath
licensed under the provisions of chapter 18.57 RCW;
(C) A chiropractor
licensed under the provisions of chapter 18.25 RCW.
(ii) The charges of a
registered graduate nurse other than a nurse who ordinarily resides in the
member's home, or is a member of the family of either the member or the
member's spouse.
(iii) The charges for
the following medical services and supplies:
(A) Drugs and medicines
upon a physician's prescription;
(B) Diagnostic x-ray
and laboratory examinations;
(C) X-ray, radium, and
radioactive isotopes therapy;
(D) Anesthesia and
oxygen;
(E) Rental of iron lung
and other durable medical and surgical equipment;
(F) Artificial limbs
and eyes, and casts, splints, and trusses;
(G) Professional
ambulance service when used to transport the member to or from a hospital when
injured by an accident or stricken by a disease;
(H) Dental charges
incurred by a member who sustains an accidental injury to his or her teeth and
who commences treatment by a legally licensed dentist within ninety days after
the accident;
(I) Nursing home
confinement or hospital extended care facility;
(J) Physical therapy by
a registered physical therapist;
(K) Blood transfusions,
including the cost of blood and blood plasma not replaced by voluntary donors;
(L) An optometrist
licensed under the provisions of chapter 18.53 RCW.
(23) "Regular
interest" means such rate as the director may determine.
(24)
"Retiree" for persons who establish membership in the retirement
system on or after October 1, 1977, means any member in receipt of a retirement
allowance or other benefit provided by this chapter resulting from service
rendered to an employer by such member.
(25)
"Director" means the director of the department.
(26) "State
actuary" or "actuary" means the person appointed pursuant to RCW
44.44.010(2).
(27) "State
elective position" means any position held by any person elected or appointed
to state-wide office or elected or appointed as a member of the legislature.
(28) "Plan I"
means the law enforcement officers' and fire fighters' retirement system, plan
I providing the benefits and funding provisions covering persons who first became
members of the system prior to October 1, 1977.
(29) "Plan
II" means the law enforcement officers' and fire fighters' retirement
system, plan II providing the benefits and funding provisions covering persons
who first became members of the system on and after October 1, 1977.
(30) "Service
credit year" means an accumulation of months of service credit which is
equal to one when divided by twelve.
(31) "Service
credit month" means a full service credit month or an accumulation of
partial service credit months that are equal to one.
(32) "General
authority 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, but not including the Washington state patrol. Such an agency, department,
or division is distinguished from a limited authority law enforcement agency
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,)) fish and 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.
Sec. 15. RCW 43.19.450 and 1988 c
36 s 14 are each amended to read as follows:
The director of general
administration shall appoint and deputize an assistant director to be known as
the supervisor of engineering and architecture who shall have charge and
supervision of the division of engineering and architecture. With the approval
of the director, the supervisor may appoint and employ such assistants and
personnel as may be necessary to carry out the work of the division.
No person shall be
eligible for appointment as supervisor of engineering and architecture unless
he or she is licensed to practice the profession of engineering or the
profession of architecture in the state of Washington and for the last five
years prior to his or her appointment has been licensed to practice the
profession of engineering or the profession of architecture.
As used in this
section, "state facilities" includes all state buildings, related
structures, and appurtenances constructed for any elected state officials,
institutions, departments, boards, commissions, colleges, community colleges,
except the state universities, The Evergreen State College and regional
universities. "State facilities" does not include facilities owned
by or used for operational purposes and constructed for the department of
transportation, ((department of fisheries,)) department of fish and
wildlife, department of natural resources, or state parks and recreation
commission.
The director of general
administration, through the division of engineering and architecture shall:
(1) Prepare cost
estimates and technical information to accompany the capital budget and prepare
or contract for plans and specifications for new construction and major repairs
and alterations to state facilities.
(2) Contract for
professional architectural, engineering, and related services for the design of
new state facilities and major repair or alterations to existing state
facilities.
(3) Provide contract
administration for new construction and the repair and alteration of existing
state facilities.
(4) In accordance with
the public works laws, contract on behalf of the state for the new construction
and major repair or alteration of state facilities.
The director may
delegate any and all of the functions under subsections (1) through (4) of this
section to any agency upon such terms and conditions as considered advisable.
The director may
delegate the authority granted to the department under RCW 39.04.150 to any
agency upon such terms as considered advisable.
Sec. 16. RCW 43.21A.170 and 1989
1st ex.s. c 9 s 217 are each amended to read as follows:
There is hereby created
an ecological commission. The commission shall consist of seven members to be
appointed by the governor from the electors of the state who shall have a
general knowledge of and interest in environmental matters. No persons shall
be eligible for appointment who hold any other state, county or municipal
elective or appointive office.
(a) One public member
shall be a representative of organized labor.
(b) One public member
shall be a representative of the business community.
(c) One public member
shall be a representative of the agricultural community.
(d) Four persons
representing the public at large.
The members of the
initial commission shall be appointed within thirty days after July 1, 1970.
Of the members of the initial commission, two shall be appointed for terms
ending June 30, 1974, two shall be appointed for terms ending on June 30, 1973,
two shall be appointed for terms ending on June 30, 1972, and one shall be
appointed for a term ending June 30, 1971. Thereafter, each member of the
commission shall be appointed for a term of four years. Vacancies shall be
filled within ninety days for the remainder of the unexpired term by
appointment of the governor in the same manner as the original appointments.
Each member of the commission shall continue in office until his or her
successor is appointed. No member shall be appointed for more than two
consecutive terms. The chairman of the commission shall be appointed from the
members by the governor.
The governor may remove
any commission member for cause giving him or her a copy of the charges
against him or her, and an opportunity of being publicly heard in
person, or by counsel in his or her own defense. There shall be no
right of review in any court whatsoever. The director or administrator, or a
designated representative, of each of the following state agencies:
(1) The department of
agriculture;
(2) The department of community,
trade, and economic development;
(3) The department of
((fisheries;
(4) The department
of)) fish and wildlife;
(((5))) (4)
The department of health;
(((6))) (5)
The department of natural resources; and
(((7))) (6)
The state parks and recreation commission shall be given notice of and may
attend all meetings of the commission and shall be given full opportunity to
examine and be heard on all proposed orders, regulations or recommendations.
Sec. 17. RCW 43.21J.030 and 1993
c 516 s 5 are each amended to read as follows:
(1) There is created
the environmental enhancement and job creation task force within the office of
the governor. The purpose of the task force is to provide a coordinated and
comprehensive approach to implementation of chapter 516, Laws of 1993. The
task force shall consist of the commissioner of public lands, the director of
the department of fish and wildlife, ((the director of the department
of fisheries,)) the director of the department of ecology, the director of
the parks and recreation commission, the timber team coordinator, the executive
director of the work force training and education coordinating board, and the
executive director of the Puget Sound water quality authority, or their
designees. The task force may seek the advice of the following agencies and
organizations: The department of community, trade, and economic development,
((the department of trade and economic development,)) the conservation
commission, the employment security department, the interagency committee for
outdoor recreation, appropriate federal agencies, appropriate special
districts, the Washington state association of counties, the association of
Washington cities, labor organizations, business organizations,
timber-dependent communities, environmental organizations, and Indian tribes.
The governor shall appoint the task force chair. Members of the task force
shall serve without additional pay. Participation in the work of the committee
by agency members shall be considered in performance of their employment. The
governor shall designate staff and administrative support to the task force and
shall solicit the participation of agency personnel to assist the task force.
(2) The task force
shall have the following responsibilities:
(a) Soliciting and
evaluating, in accordance with the criteria set forth in RCW 43.21J.040,
requests for funds from the environmental and forest restoration account and
making distributions from the account. The task force shall award funds for
projects and training programs it approves and may allocate the funds to state
agencies for disbursement and contract administration;
(b) Coordinating a
process to assist state agencies and local governments to implement effective
environmental and forest restoration projects funded under this chapter;
(c) Considering
unemployment profile data provided by the employment security department;
(d) No later than
December 31, 1993, providing recommendations to the appropriate standing
committees of the legislature for improving the administration of grants for
projects or training programs funded under this chapter that prevent habitat
and environmental degradation or provide for its restoration;
(e) Submitting to the
appropriate standing committees of the legislature a biennial report
summarizing the jobs and the environmental benefits created by the projects
funded under this chapter.
(3) Beginning July 1,
1994, the task force shall have the following responsibilities:
(a) To solicit and
evaluate proposals from state and local agencies, private nonprofit
organizations, and tribes for environmental and forest restoration projects;
(b) To rank the
proposals based on criteria developed by the task force in accordance with RCW
43.21J.040; and
(c) To determine
funding allocations for projects to be funded from the account created in RCW
43.21J.020 and for projects or programs as designated in the omnibus operating
and capital appropriations acts.
Sec. 18. RCW 43.31.621 and 1993 c
316 s 2 and 1993 c 280 s 49 are each reenacted and amended to read as follows:
(1) There is
established the agency timber task force. The task force shall be chaired by
the timber recovery coordinator. It shall be the responsibility of the
coordinator that all directives of chapter 314, Laws of 1991 are carried out
expeditiously by the agencies represented in the task force. The task force
shall consist of the directors, or representatives of the directors, of the
following agencies: The department of community, trade, and economic
development, employment security department, department of social and health
services, state board for community and technical colleges, state work force
training and education coordinating board, or its replacement entity,
department of natural resources, department of transportation, state energy
office, department of fish and wildlife, University of Washington center
for international trade in forest products, and department of ecology. The
task force may consult and enlist the assistance of the following: The higher
education coordinating board, University of Washington college of forest
resources, Washington State University school of forestry, Northwest policy
center, state superintendent of public instruction, the Evergreen partnership,
Washington association of counties, and rural development council.
(2) This section shall
expire June 30, 1995.
Sec. 19. RCW 43.51.340 and 1990 c
49 s 1 are each amended to read as follows:
(1) There is created a
winter recreation advisory committee to advise the parks and recreation
commission in the administration of this chapter and to assist and advise the
commission in the development of winter recreation facilities and programs.
(2) The committee shall
consist of:
(a) Six representatives
of the nonsnowmobiling winter recreation public appointed by the commission,
including a resident of each of the six geographical areas of this state where
nonsnowmobiling winter recreation activity occurs, as defined by the commission.
(b) Three
representatives of the snowmobiling public appointed by the commission.
(c) One representative
of the department of natural resources, one representative of the department of
fish and wildlife, and one representative of the Washington state
association of counties, each of whom shall be appointed by the director of the
particular department or association.
(3) The terms of the
members appointed under subsection (2) (a) and (b) of this section shall begin
on October 1st of the year of appointment and shall be for three years or until
a successor is appointed, except in the case of appointments to fill vacancies
for the remainder of the unexpired term: PROVIDED, That the first of these
members shall be appointed for terms as follows: Three members shall be
appointed for one year, three members shall be appointed for two years, and
three members shall be appointed for three years.
(4) Members of the
committee shall be reimbursed from the winter recreational program account
created by RCW 43.51.310 for travel expenses as provided in RCW 43.03.050 and
43.03.060.
(5) The committee shall
meet at times and places it determines not less than twice each year and
additionally as required by the committee chairman or by majority vote of the
committee. The chairman of the committee shall be chosen under procedures
adopted by the committee. The committee shall adopt any other procedures
necessary to govern its proceedings.
(6) The director of
parks and recreation or the director's designee shall serve as secretary to the
committee and shall be a nonvoting member.
(7) The winter
recreation advisory committee and its powers and duties shall terminate on June
30, 2001.
Sec. 20. RCW 43.51.432 and 1993 c
267 s 2 are each amended to read as follows:
The state parks and
recreation commission may establish a system of underwater parks to provide for
diverse recreational diving opportunities and to conserve and protect unique
marine resources of the state of Washington. In establishing and maintaining
an underwater park system, the commission may:
(1) Plan, construct,
and maintain underwater parks;
(2) Acquire property
and enter management agreements with other units of state government for the
management of lands, tidelands, and bedlands as underwater parks;
(3) Construct
artificial reefs and other underwater features to enhance marine life and
recreational uses of an underwater park;
(4) Accept gifts and
donations for the benefit of underwater parks;
(5) Facilitate private
efforts to construct artificial reefs and underwater parks;
(6) Work with the
federal government, local governments and other appropriate agencies of state
government, including but not limited to: The department of natural resources,
((the department of fisheries,)) the department of fish and
wildlife and the natural heritage council to carry out the purposes of RCW
43.51.430 through 43.51.438; and
(7) Contract with other
state agencies or local governments for the management of an underwater park unit.
Sec. 21. RCW 43.51.456 and 1993 c
182 s 9 are each amended to read as follows:
(1) There is created a
water trail advisory committee to advise the parks and recreation commission in
the administration of RCW 43.51.440 through 43.51.454 and to assist and advise
the commission in the development of water trail facilities and programs.
(2) The advisory
committee shall consist of twelve members, who shall be appointed as follows:
(a) Five public members
representing recreational water trail users, to be appointed by the commission;
(b) Two public members
representing commercial sectors with an interest in the water trail system, to
be appointed by the commission;
(c) One representative
each from the department of natural resources, the department of fish and
wildlife, the Washington state association of counties, and the association of
Washington cities, to be appointed by the director of the agency or
association. The director of the Washington state parks and recreation
commission or the director's designee shall serve as secretary to the committee
and shall be a nonvoting member.
(3) Except as provided
in this section, the terms of the public members appointed by the commission
shall begin on January 1st of the year of appointment and shall be for three
years or until a successor is appointed, except in the case of appointments to fill
vacancies for the remainder of an unexpired term. In making the initial
appointments to the advisory committee, the commission shall appoint two
public members to serve one year, two public members to serve for two years,
and three public members to serve for three years. Public members of the
advisory committee may be reimbursed from the water trail program account for
travel expenses as provided in RCW 43.03.050 and 43.03.060.
(4) The committee shall
select a chair and adopt rules necessary to govern its proceedings. The committee
shall meet at the times and places it determines, not less than twice a year,
and additionally as required by the committee chair or by majority vote of the
committee.
Sec. 22. RCW 43.51.675 and 1988 c
75 s 17 are each amended to read as follows:
Nothing in RCW
43.51.650 through 43.51.685 and 43.51.695 through 43.51.765 shall be construed
to interfere with the powers, duties and authority of the department of ((fisheries))
fish and wildlife to regulate the conservation or taking of food fish
and shellfish. Nor shall anything in RCW 43.51.650 through 43.51.685 and
43.51.695 through 43.51.765 be construed to interfere with the powers, duties
and authority of the ((state)) department of fish and wildlife to
regulate, manage, conserve, and provide for the harvest of wildlife within such
area: PROVIDED, HOWEVER, That no hunting shall be permitted in any state park.
Sec. 23. RCW 43.51.943 and 1988 c
36 s 17 are each amended to read as follows:
The state department of
natural resources and the state parks and recreation commission have joined
together in excellent cooperation in the conducting of this study along with
the citizen advisory subcommittee and have joined together in cooperation with
the ((state)) department of fish and wildlife to accomplish other
projects of multidisciplinary concern, and because it may be in the best
interests of the state to continue such cooperation, the state parks and
recreation commission, the department of natural resources, and the department
of fish and wildlife are hereby directed to consider both short and long
term objectives, the expertise of each agency's staff, and alternatives such as
reasonably may be expected to safeguard the conservation area's values as
described in RCW 43.51.940 giving due regard to efficiency and economy of
management: PROVIDED, That the interests conveyed to or by the state agencies
identified in this section shall be managed by the department of natural
resources until such time as the state parks and recreation commission or other
public agency is managing public recreation areas and facilities located in
such close proximity to the conservation area described in RCW 43.51.942 so as
to make combined management of those areas and facilities and transfer of
management of the conservation area more efficient and economical than
continued management by the department of natural resources. At that time the
department of natural resources is directed to negotiate with the appropriate
public agency for the transfer of those management responsibilities for the
interests obtained within the conservation area under RCW 43.51.940 through
43.51.945: PROVIDED FURTHER, That the state agencies identified in this section
may, by mutual agreement, undertake management of portions of the conservation
area as they may from time to time determine in accordance with those rules and
regulations established for natural area preserves under chapter 79.70 RCW, for
natural and conservation areas under present WAC 352-16-020(3) and (6), and
under chapter 77.12 RCW.
Sec. 24. RCW 43.52.350 and 1988 c
36 s 18 are each amended to read as follows:
An operating agency
shall, at the time of the construction of any dam or obstruction, construct and
shall thereafter maintain and operate such fishways, fish protective facilities
and hatcheries as the director of fish and wildlife ((and the
director of fisheries may jointly)) finds necessary to permit anadromous
fish to pass any dam or other obstruction operated by the operating agency or
to replace fisheries damaged or destroyed by such dam or obstruction and an
operating agency is further authorized to enter into contracts with the
department of fish and wildlife ((and the department of fisheries))
to provide for the construction and/or operation of such fishways, facilities
and hatcheries.
Sec. 25. RCW 43.63A.247 and 1993
c 280 s 65 are each amended to read as follows:
The senior
environmental corps is created within the department of community, trade, and
economic development. The departments of agriculture, community, trade, and
economic development, employment security, ecology, ((fisheries)) fish
and wildlife, health, and natural resources, ((and wildlife,))
the parks and recreation commission, and the Puget Sound water quality
authority shall participate in the administration and implementation of the
corps and shall appoint representatives to the council.
Sec. 26. RCW 43.63A.260 and 1993
c 280 s 66 are each amended to read as follows:
The department shall
convene a senior environmental corps coordinating council to meet as needed to
establish and assess policies, define standards for projects, evaluate and
select projects, develop recruitment, training, and placement procedures,
receive and review project status and completion reports, and provide for
recognition of volunteer activity. The council shall include representatives
appointed by the departments of agriculture, community, trade, and economic
development, ecology, ((fisheries)) fish and wildlife, health, and
natural resources, ((and wildlife,)) the parks and recreation
commission, and the Puget Sound water quality authority. The council shall
develop bylaws, policies and procedures to govern its activities.
The council shall
advise the director on distribution of available funding for corps activities.
Sec. 27. RCW 43.81.010 and 1988 c
36 s 19 are each amended to read as follows:
The legislature
recognizes that significant benefits accrue to the state and that certain types
of state operations are more efficient when personnel services are available on
an extended basis. Such operations include certain types of facilities managed
by agencies such as the departments of natural resources, corrections, ((fisheries,))
fish and wildlife, social and health services, transportation, and
veterans affairs, and the parks and recreation commission.
The means of assuring
that such personnel are available on an extended basis is through the
establishment of on-site state-owned or leased living facilities. The
legislature also recognizes the restrictions and hardship placed upon those
personnel who are required to reside in such state-owned or leased living
facilities in order to provide extended personnel services.
The legislature further
recognizes that there are instances where it is to the benefit of the state to
have state-owned or leased living facilities occupied even though such
occupancy is not required by the agency as a condition of employment.
Sec. 28. RCW 43.82.010 and 1990 c
47 s 1 are each amended to read as follows:
(1) The director of the
department of general administration, on behalf of the agency involved, shall
purchase, lease, rent, or otherwise acquire all real estate, improved or
unimproved, as may be required by elected state officials, institutions, departments,
commissions, boards, and other state agencies, or federal agencies where joint
state and federal activities are undertaken and may grant easements and
transfer, exchange, sell, lease, or sublease all or part of any surplus real
estate for those state agencies which do not otherwise have the specific
authority to dispose of real estate. This section does not transfer financial
liability for the acquired property to the department of general
administration.
(2) Except for real
estate occupied by federal agencies, the director shall determine the location,
size, and design of any real estate or improvements thereon acquired or held
pursuant to subsection (1) of this section.
(3) The director is
authorized to purchase, lease, rent, or otherwise acquire improved or
unimproved real estate as owner or lessee and to lease or sublet all or a part
of such real estate to state or federal agencies. The director shall charge
each using agency its proportionate rental which shall include an amount
sufficient to pay all costs, including, but not limited to, those for
utilities, janitorial and accounting services, and sufficient to provide for
contingencies; which shall not exceed five percent of the average annual
rental, to meet unforeseen expenses incident to management of the real estate.
(4) If the director
determines that it is necessary or advisable to undertake any work,
construction, alteration, repair, or improvement on any real estate acquired
pursuant to subsections (1) or (3) of this section, the director shall cause
plans and specifications thereof and an estimate of the cost of such work to be
made and filed in his or her office and the state agency benefiting
thereby is hereby authorized to pay for such work out of any available funds:
PROVIDED, That the cost of executing such work shall not exceed the sum of
twenty-five thousand dollars. Work, construction, alteration, repair, or
improvement in excess of twenty-five thousand dollars, other than that done by
the owner of the property if other than the state, shall be performed in
accordance with the public works law of this state.
(5) In order to obtain
maximum utilization of space, the director shall make space utilization
studies, and shall establish standards for use of space by state agencies.
(6) The director may
construct new buildings on, or improve existing facilities, and furnish and
equip, all real estate under his or her management.
(7) All conveyances and
contracts to purchase, lease, rent, transfer, exchange, or sell real estate and
to grant and accept easements shall be approved as to form by the attorney
general, signed by the director or the director's designee, and recorded with
the county auditor of the county in which the property is located.
(8) The director may
delegate any or all of the functions specified in this section to any agency
upon such terms and conditions as the director deems advisable.
(9) This section does
not apply to the acquisition of real estate by:
(a) The state college
and universities for research or experimental purposes;
(b) The state liquor
control board for liquor stores and warehouses; and
(c) The department of
natural resources, ((the department of fisheries,)) the department of fish
and wildlife, the department of transportation, and the state parks and
recreation commission for purposes other than the leasing of offices,
warehouses, and real estate for similar purposes.
(10) Notwithstanding
any provision in this chapter to the contrary, the department of general
administration may negotiate ground leases for public lands on which property
is to be acquired under a financing contract pursuant to chapter 39.94 RCW
under terms approved by the state finance committee.
Sec. 29. RCW 43.83I.188 and 1983
1st ex.s. c 59 s 3 are each amended to read as follows:
The proceeds from the
sale of the bonds deposited under RCW 43.83I.186 in the fisheries capital
projects account of the general fund shall be administered by the department of
((fisheries)) fish and wildlife, subject to legislative
appropriation.
Sec. 30. RCW 43.98B.030 and 1992
c 153 s 5 are each amended to read as follows:
(1) Moneys appropriated
for this chapter from the state wildlife and recreation lands management
account shall be expended in the following manner:
(a) Not less than
thirty percent for basic stewardship;
(b) Not less than
twenty percent for improved or developed resources;
(c) Not less than
fifteen percent for human use management; and
(d) Not more than
fifteen percent for administration.
(e) The remaining
twenty to thirty-five percent shall be considered unallocated.
(2) In the event that
moneys appropriated for this chapter to the state wildlife and recreation lands
management account under the initial allocation prove insufficient to meet
basic stewardship needs, the unallocated amount shall be used to fund basic
stewardship needs.
(3) Each eligible
agency is not required to meet this specific percentage distribution. However,
funding across agencies should meet these percentages during each biennium.
(4) It is intended that
moneys disbursed from this account not replace existing operation and
maintenance funding levels from other state sources.
(5) Agencies eligible
to receive funds from this account are the departments of ((fisheries,))
fish and wildlife and natural resources, ((and wildlife,)) and
the state parks and recreation commission.
(6) Moneys appropriated
for this chapter from the state wildlife and recreation lands management
account shall be distributed in the following manner:
(a) Not less than
twenty-five percent to the state parks and recreation commission.
(b) Not less than
twenty-five percent to the department of natural resources.
(c) Not less than
twenty-five percent to the department of fish and wildlife.
(d) The remaining funds
shall be allocated to eligible agencies based upon an evaluation of remaining
unfunded needs.
(7) The office of
financial management shall review eligible state agency requests and make
recommendations on the allocation of funds provided under this chapter as part
of the governor's operating budget request to the legislature.
Sec. 31. RCW 43.99.110 and 1988 c
36 s 21 are each amended to read as follows:
There is created the
interagency committee for outdoor recreation consisting of the commissioner of
public lands, the director of parks and recreation, and the director of fish
and wildlife, ((the director of fisheries,)) or their designees,
and, by appointment of the governor with the advice and consent of the senate,
five members from the public at large who have a demonstrated interest in and a
general knowledge of outdoor recreation in the state. The terms of members appointed
from the public at large shall commence on January 1st of the year of
appointment and shall be for three years or until a successor is appointed,
except in the case of appointments to fill vacancies which shall be for the
remainder of the unexpired term; provided the first such members shall be
appointed for terms as follows: One member for one year, two members for two
years, and two members for three years. The governor shall appoint one of the
members from the public at large to serve as chairman of the committee for the
duration of the member's term. Members employed by the state shall serve
without additional pay and participation in the work of the committee shall be
deemed performance of their employment. Members from the public at large shall
be compensated in accordance with RCW 43.03.240 and shall be entitled to
reimbursement individually for travel expenses incurred in performance of their
duties as members of the committee in accordance with RCW 43.03.050 and
43.03.060.
Sec. 32. RCW 43.220.020 and 1988
c 36 s 23 are each amended to read as follows:
The Washington
conservation corps is hereby created, to be implemented by the following state
departments: The employment security department, the department of ecology,
the department of fish and wildlife, the department of natural
resources, ((the department of fisheries,)) the department of
agriculture, and the state parks and recreation commission.
Sec. 33. RCW 43.220.090 and 1983
1st ex.s. c 40 s 9 are each amended to read as follows:
(1) There is
established a conservation corps within the department of ecology.
(2) Specific work
project areas of the ecology conservation corps may include the following:
(a) Litter pickup as a
supplement to the role of the litter patrol established by the waste
reduction, recycling, and model litter control ((and recycling))
act, chapter 70.93 RCW;
(b) Stream
rehabilitation, including trash removal, in-stream debris removal, and
clearance of log jams and silt accumulation, to the extent that such projects
do not conflict with similar tasks undertaken by the department of ((fisheries))
fish and wildlife;
(c) Minimum flow field
work and stream gauging;
(d) Identification of
indiscriminate solid waste dump sites;
(e) Laboratory and
office assistance;
(f) General maintenance
and custodial work at sewage treatment plants;
(g) Irrigation district
assistance, including ditch cleaning and supervised work in surveying and
engineering;
(h) Streambank erosion
control; and
(i) Other projects as
the director may determine. If a project requires certain levels of academic
training, the director may assign corps members to categories of work projects
according to educational background. If appropriate facilities are available,
the director may authorize carrying out projects which involve overnight stays.
Sec. 34. RCW 43.220.120 and 1988
c 36 s 24 are each amended to read as follows:
(1) There is
established a conservation corps within the department of fish and
wildlife.
(2) Specific work
project areas of the game conservation corps may include the following:
(a) Habitat
development;
(b) Land clearing;
(c) Construction
projects;
(d) Noxious weed
control;
(e) Brush cutting;
(f) Reader board
construction;
(g) Painting;
(h) Cleaning and repair
of rearing ponds;
(i) Fishtrap
construction;
(j) Brush clearance;
(k) Spawning channel
restoration;
(l) Log removal;
(m) Nest box maintenance
and cleaning;
(n) Fence building;
(o) Winter game feeding
and herding; ((and))
(p) Stream
rehabilitation;
(q) Fish hatchery
operation and maintenance;
(r) Fish tagging;
and
(s) Such other
projects as the director of fish and wildlife may determine. If
appropriate facilities are available, the director of fish and wildlife
may authorize carrying out projects which involve overnight stays.
Sec. 35. RCW 46.09.130 and 1989 c
297 s 3 are each amended to read as follows:
No person may operate a
nonhighway vehicle in such a way as to endanger human life. No person shall
operate a nonhighway vehicle in such a way as to run down or harass any
wildlife or animal, nor carry, transport, or convey any loaded weapon in or
upon, nor hunt from, any nonhighway vehicle except by permit issued by the
director of fish and wildlife under RCW 77.32.237: PROVIDED, That it
shall not be unlawful to carry, transport, or convey a loaded pistol in or upon
a nonhighway vehicle if the person complies with the terms and conditions of
chapter 9.41 RCW.
Violation of this
section is a gross misdemeanor.
Sec. 36. RCW 46.09.170 and 1990 c
42 s 115 are each amended to read as follows:
(1) From time to time,
but at least once each year, the state treasurer shall refund from the motor
vehicle fund one percent of the motor vehicle fuel tax revenues collected under
chapter 82.36 RCW, based on the tax rate in effect January 1, 1990, less proper
deductions for refunds and costs of collection as provided in RCW 46.68.090.
The treasurer shall place these funds in the general fund as follows:
(a) Forty percent shall
be credited to the ORV and nonhighway vehicle account and administered by the
department of natural resources solely for planning, maintenance, and
management of ORV recreation facilities, nonhighway roads, and nonhighway road
recreation facilities. The funds under this subsection shall be expended in
accordance with the following limitations:
(i) Not more than five
percent may be expended for information programs under this chapter;
(ii) Not less than ten
percent and not more than fifty percent may be expended for ORV recreation
facilities;
(iii) Not more than
twenty-five percent may be expended for maintenance of nonhighway roads;
(iv) Not more than
fifty percent may be expended for nonhighway road recreation facilities;
(v) Ten percent shall
be transferred to the interagency committee for outdoor recreation for grants
to law enforcement agencies in those counties where the department of natural
resources maintains ORV facilities. This amount is in addition to those
distributions made by the interagency committee for outdoor recreation under
(d)(i) of this subsection;
(b) Three and one-half percent
shall be credited to the ORV and nonhighway vehicle account and administered by
the department of fish and wildlife solely for the acquisition,
planning, development, maintenance, and management of nonhighway roads and
recreation facilities;
(c) Two percent shall
be credited to the ORV and nonhighway vehicle account and administered by the
parks and recreation commission solely for the maintenance and management of
ORV use areas and facilities; and
(d) Fifty-four and
one-half percent, together with the funds received by the interagency committee
for outdoor recreation under RCW 46.09.110, shall be credited to the outdoor
recreation account to be administered by the committee for planning,
acquisition, development, maintenance, and management of ORV recreation
facilities and nonhighway road recreation facilities; ORV user education and
information; and ORV law enforcement programs. The funds under this subsection
shall be expended in accordance with the following limitations:
(i) Not more than twenty
percent may be expended for ORV education, information, and law enforcement
programs under this chapter;
(ii) Not less than an
amount equal to the funds received by the interagency committee for outdoor
recreation under RCW 46.09.110 and not more than sixty percent may be expended
for ORV recreation facilities;
(iii) Not more than
twenty percent may be expended for nonhighway road recreation facilities.
(2) On a yearly basis
an agency may not, except as provided in RCW 46.09.110, expend more than ten percent
of the funds it receives under this chapter for general administration expenses
incurred in carrying out this chapter.
Sec. 37. RCW 46.10.130 and 1989 c
297 s 4 are each amended to read as follows:
No person shall operate
a snowmobile in such a way as to endanger human life. No person shall operate
a snowmobile in such a way as to run down or harass deer, elk, or any wildlife,
or any domestic animal, nor shall ((he)) any person carry any
loaded weapon upon, nor hunt from, any snowmobile except by permit issued by
the director of fish and wildlife under RCW 77.32.237. Any person
violating the provisions of this section shall be guilty of a gross
misdemeanor.
Sec. 38. RCW 46.10.220 and 1989 c
175 s 110 are each amended to read as follows:
(1) There is created in
the Washington state parks and recreation commission a snowmobile advisory
committee to advise the commission regarding the administration of this
chapter.
(2) The purpose of the
committee is to assist and advise the commission in the planned development of
snowmobile facilities and programs.
(3) The committee shall
consist of:
(a) Six interested
snowmobilers, appointed by the commission; each such member shall be a resident
of one of the six geographical areas throughout this state where snowmobile
activity occurs, as defined by the commission;
(b) Three
representatives of the nonsnowmobiling public, appointed by the commission; and
(c) One representative
of the department of natural resources, one representative of the department of
fish and wildlife, and one representative of the Washington state
association of counties; each of whom shall be appointed by the director of
such department or association.
(4) Terms of the
members appointed under subsection (3)(a) and (b) of this section shall
commence on October 1st of the year of appointment and shall be for three years
or until a successor is appointed, except in the case of appointments to fill
vacancies which shall be for the remainder of the unexpired term: PROVIDED,
That the first such members shall be appointed for terms as follows: Three
members shall be appointed for one year, three members shall be appointed for
two years, and three members shall be appointed for three years.
(5) Members of the
committee shall be reimbursed for travel expenses as provided in RCW 43.03.050
and 43.03.060. Expenditures under this subsection shall be from the snowmobile
account created by RCW 46.10.075.
(6) The committee may
meet at times and places fixed by the committee. The committee shall meet not
less than twice each year and additionally as required by the committee
chairman or by majority vote of the committee. One of the meetings shall be
coincident with a meeting of the commission at which the committee shall
provide a report to the commission. The chairman of the committee shall be
chosen under procedures adopted by the committee from those members appointed
under subsection (3)(a) and (b) of this section.
(7) The Washington
state parks and recreation commission shall serve as recording secretary to the
committee. A representative of the department of licensing shall serve as an
ex officio member of the committee and shall be notified of all meetings of the
committee. The recording secretary and the ex officio member shall be
nonvoting members.
(8) The committee shall
adopt procedures to govern its proceedings.
Sec. 39. RCW 69.04.935 and 1993 c
282 s 5 are each amended to read as follows:
To promote honesty and
fair dealing for consumers, the director, in consultation with the director of
the department of ((fisheries)) fish and wildlife, shall adopt
rules:
(1) Fixing and
establishing a reasonable definition and standard of identity for salmon for
purposes of identifying and selling salmon;
(2) Enforcing RCW
69.04.933 and 69.04.934.
Sec. 40. RCW 69.30.070 and 1955 c
144 s 7 are each amended to read as follows:
Any certificate of
approval issued under the provisions of this chapter shall not relieve any
person from complying with the laws, rules and/or regulations of the ((state))
department of ((fisheries)) fish and wildlife, relative to
shellfish.
Sec. 41. RCW 70.104.080 and 1991
c 3 s 363 are each amended to read as follows:
(1) There is hereby
created a pesticide incident reporting and tracking review panel consisting of
the following members:
(a) The directors,
secretaries, or designees of the departments of labor and industries,
agriculture, natural resources, fish and wildlife, and ecology;
(b) The ((director
[secretary])) secretary of the department of health or his or her
designee, who shall serve as the coordinating agency for the review panel;
(c) The chair of the
department of environmental health of the University of Washington, or his or
her designee;
(d) The pesticide
coordinator and specialist of the cooperative extension at Washington State
University or his or her designee;
(e) A representative of
the Washington poison control center network;
(f) A practicing
toxicologist and a member of the general public, who shall each be appointed by
the governor for terms of two years and may be appointed for a maximum of four
terms at the discretion of the governor. The governor may remove either member
prior to the expiration of his or her term of appointment for cause. Upon the
death, resignation, or removal for cause of a member of the review panel, the
governor shall fill such vacancy, within thirty days of its creation, for the
remainder of the term in the manner herein prescribed for appointment to the
review panel.
(2) The review panel
shall be chaired by the secretary of the department of health, or the
secretary's designee. The members of the review panel shall meet at least
monthly at a time and place specified by the chair, or at the call of a
majority of the review panel.
Sec. 42. RCW 70.105.020 and 1988
c 36 s 28 are each amended to read as follows:
The department after
notice and public hearing shall:
(1) Adopt regulations
designating as extremely hazardous wastes subject to the provisions of this
chapter those substances which exhibit characteristics consistent with the
definition provided in RCW 70.105.010(6);
(2) Adopt and may
revise when appropriate, minimum standards and regulations for disposal of
extremely hazardous wastes to protect against hazards to the public, and to the
environment. Before adoption of such standards and regulations, the department
shall consult with appropriate agencies of interested local governments and
secure technical assistance from the department of agriculture, the department
of social and health services, the department of fish and wildlife, the
department of natural resources, ((the department of fisheries,)) the
department of labor and industries, and the department of community, trade,
and economic development, through the director of fire protection.
Sec. 43. RCW 72.63.020 and 1988 c
36 s 29 are each amended to read as follows:
The departments of
corrections((, fisheries,)) and fish and wildlife shall establish
at or near appropriate state institutions, as defined in RCW 72.65.010, prison
work programs that use prisoners to undertake state food fish, shellfish, and
game fish rearing projects and state game bird and game animal improvement,
restoration, and protection projects and that meet the requirements of RCW
72.09.100.
The department of
corrections shall seek to identify a group of prisoners at each appropriate
state institution, as defined by RCW 72.65.010, that are interested in
participating in prison work programs established by this chapter.
If the department of
corrections is unable to identify a group of prisoners to participate in work
programs authorized by this chapter, it may enter into an agreement with the
department((s of fisheries or)) of fish and wildlife for the
purpose of designing projects for any institution. Costs under this section
shall be borne by the department of corrections.
The departments of
corrections((, fisheries,)) and fish and wildlife shall use
prisoners, where appropriate, to perform work in state projects that may
include the following types:
(1) Food fish,
shellfish, and game fish rearing projects, including but not limited to egg
planting, egg boxes, juvenile planting, pen rearing, pond rearing, raceway
rearing, and egg taking;
(2) Game bird and game
animal projects, including but not limited to habitat improvement and
restoration, replanting and transplanting, nest box installation, pen rearing,
game protection, and supplemental feeding: PROVIDED, That no project shall be
established at the department of fish and wildlife's south Tacoma game
farm;
(3) Manufacturing of
equipment for use in fish and game volunteer cooperative projects permitted by
the ((department of fisheries or the)) department of fish and
wildlife, or for use in prison work programs with fish and game; and
(4) Maintenance,
repair, restoration, and redevelopment of facilities operated by the
department((s)) of fish and wildlife ((and fisheries)).
Sec. 44. RCW 72.63.030 and 1988 c
36 s 30 are each amended to read as follows:
(1) The department((s
of fisheries)) of fish and wildlife((, as appropriate,))
shall provide professional assistance from biologists, fish culturists,
pathologists, engineers, habitat managers, and other departmental staff to
assist the development and productivity of prison work programs under RCW
72.63.020, upon agreement with the department of corrections.
(2) The department((s
of fisheries)) of fish and wildlife shall identify and describe
potential and pilot projects that are compatible with the goals of the various
departments involved and that are particularly suitable for prison work
programs.
(3) The department((s
of fisheries or)) of fish and wildlife((, or both, as
appropriate,)) may make available surplus hatchery rearing space, net pens,
egg boxes, portable rearing containers, incubators, and any other departmental
facilities or property that are available for loan to the department of
corrections to carry out prison work programs under RCW 72.63.020.
(4) The department((s
of fisheries or)) of fish and wildlife((, or both, as
appropriate,)) shall provide live fish eggs, bird eggs, juvenile fish, game
animals, or other appropriate seed stock, juveniles, or brood stock of
acceptable disease history and genetic composition for the prison work projects
at no cost to the department of corrections, to the extent that such resources
are available. Fish food, bird food, or animal food may be provided by the
department((s of fisheries)) of fish and wildlife to the extent
that funding is available.
(5) The department of
natural resources shall assist in the implementation of the program where
project sites are located on public beaches or state owned aquatic lands.
Sec. 45. RCW 75.10.220 and 1993 c
82 s 6 are each amended to read as follows:
(1) ((The department
of wildlife shall notify the department)) Upon receipt of a report
of failure to comply with the terms of a citation issued for a recreational
violation from the licensing authority of a state that is a party to the
wildlife violator compact under RCW 77.17.010((.)), the
department shall suspend the violator's recreational license privileges under
this title until satisfactory evidence of compliance with the terms of the
wildlife citation ((has been furnished by the department of wildlife)).
The department shall adopt by rule procedures for the timely notification and
administrative review of such suspension of recreational licensing privileges.
(2) ((The department
of wildlife shall notify the department)) Upon receipt of a report
of a conviction for a recreational offense from the licensing authority of a
state that is a party to the wildlife violator compact under RCW 77.17.010((.)),
the department shall enter such conviction in its records and shall treat
such conviction as if it occurred in the state of Washington for the purposes
of suspension, revocation, or forfeiture of recreational license privileges.
Sec. 46. RCW 75.28.770 and 1993
sp.s. c 4 s 4 are each amended to read as follows:
The department ((of
fisheries)) shall evaluate and recommend, in consultation with the Indian
tribes, salmon fishery management strategies and gear types, as well as a
schedule for implementation, that will minimize the impact of commercial and
recreational fishing in the mixed stock fishery on critical and depressed wild
stocks of salmonids. As part of this evaluation, the department, in
conjunction with the commercial and recreational fishing industries, shall
evaluate commercial and recreational salmon fishing gear types developed by
these industries. The department ((of fisheries)) shall present status
reports to the appropriate committees of the legislature by December 31 of each
year in 1993, 1994, and 1995, and shall present the final evaluation and
recommendations by December 31, 1996.
Sec. 47. RCW 75.54.070 and 1993
sp.s. c 2 s 89 are each amended to read as follows:
The department shall
work with the department of ecology((, the department of wildlife,)) and
local government entities to streamline the siting process for new enhancement
projects. The department is encouraged to work with the legislature to develop
statutory changes that enable expeditious processing and granting of permits
for fish enhancement projects.
Sec. 48. RCW 76.09.040 and 1993 c
443 s 2 are each amended to read as follows:
(1) Where necessary to
accomplish the purposes and policies stated in RCW 76.09.010, and to implement
the provisions of this chapter, the board shall promulgate forest practices
regulations pursuant to chapter 34.05 RCW and in accordance with the procedures
enumerated in this section that:
(a) Establish minimum
standards for forest practices;
(b) Provide procedures
for the voluntary development of resource management plans which may be
adopted as an alternative to the minimum standards in (a) of this subsection if
the plan is consistent with the purposes and policies stated in RCW 76.09.010
and the plan meets or exceeds the objectives of the minimum standards;
(c) Set forth necessary
administrative provisions; and
(d) Establish
procedures for the collection and administration of forest practice fees as set
forth by this chapter.
Forest practices
regulations pertaining to water quality protection shall be promulgated
individually by the board and by the department of ecology after they have
reached agreement with respect thereto. All other forest practices regulations
shall be promulgated by the board.
Forest practices
regulations shall be administered and enforced by the department except as
otherwise provided in this chapter. Such regulations shall be promulgated and
administered so as to give consideration to all purposes and policies set forth
in RCW 76.09.010.
(2) The board shall
prepare proposed forest practices regulations. In addition to any forest
practices regulations relating to water quality protection proposed by the
board, the department of ecology shall prepare proposed forest practices
regulations relating to water quality protection.
Prior to initiating the
rule making process, the proposed regulations shall be submitted for review and
comments to the department of ((fisheries, the department of)) fish
and wildlife((,)) and to the counties of the state. After receipt
of the proposed forest practices regulations, the department((s of fisheries))
of fish and wildlife and the counties of the state shall have thirty
days in which to review and submit comments to the board, and to the department
of ecology with respect to its proposed regulations relating to water quality
protection. After the expiration of such thirty day period the board and the
department of ecology shall jointly hold one or more hearings on the proposed
regulations pursuant to chapter 34.05 RCW. At such hearing(s) any county may
propose specific forest practices regulations relating to problems existing
within such county. The board and the department of ecology may adopt such
proposals if they find the proposals are consistent with the purposes and
policies of this chapter.
Sec. 49. RCW 76.09.050 and 1993 c
443 s 3 are each amended to read as follows:
(1) The board shall
establish by rule which forest practices shall be included within each of the
following classes:
Class I: Minimal or
specific forest practices that have no direct potential for damaging a public
resource that may be conducted without submitting an application or a
notification;
Class II: Forest
practices which have a less than ordinary potential for damaging a public
resource that may be conducted without submitting an application and may begin
five calendar days, or such lesser time as the department may determine, after
written notification by the operator, in the manner, content, and form as prescribed
by the department, is received by the department. However, the work may not
begin until all forest practice fees required under RCW 76.09.065 have been
received by the department. Class II shall not include forest practices:
(a) On lands platted after
January 1, 1960, or being converted to another use;
(b) Which require
approvals under the provisions of the hydraulics act, RCW 75.20.100;
(c) Within
"shorelines of the state" as defined in RCW 90.58.030; or
(d) Excluded from Class
II by the board;
Class III: Forest
practices other than those contained in Class I, II, or IV. A Class III
application must be approved or disapproved by the department within thirty
calendar days from the date the department receives the application. However,
the applicant may not begin work on that forest practice until all forest
practice fees required under RCW 76.09.065 have been received by the
department;
Class IV: Forest
practices other than those contained in Class I or II: (a) On lands platted
after January 1, 1960, (b) on lands being converted to another use, (c) on
lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are not to
be reforested because of the likelihood of future conversion to urban
development, and/or (d) which have a potential for a substantial impact on the
environment and therefore require an evaluation by the department as to whether
or not a detailed statement must be prepared pursuant to the state
environmental policy act, chapter 43.21C RCW. Such evaluation shall be made
within ten days from the date the department receives the application: PROVIDED,
That nothing herein shall be construed to prevent any local or regional
governmental entity from determining that a detailed statement must be prepared
for an action pursuant to a Class IV forest practice taken by that governmental
entity concerning the land on which forest practices will be conducted. A
Class IV application must be approved or disapproved by the department within
thirty calendar days from the date the department receives the application,
unless the department determines that a detailed statement must be made, in
which case the application must be approved or disapproved by the department
within sixty calendar days from the date the department receives the application,
unless the commissioner of public lands, through the promulgation of a formal
order, determines that the process cannot be completed within such period.
However, the applicant may not begin work on that forest practice until all
forest practice fees required under RCW 76.09.065 have been received by the
department.
Forest practices under
Classes I, II, and III are exempt from the requirements for preparation of a
detailed statement under the state environmental policy act.
(2) No Class II, Class
III, or Class IV forest practice shall be commenced or continued after January
1, 1975, unless the department has received a notification with regard to a
Class II forest practice or approved an application with regard to a Class III
or Class IV forest practice containing all information required by RCW
76.09.060 as now or hereafter amended: PROVIDED, That any person commencing a
forest practice during 1974 may continue such forest practice until April 1,
1975, if such person has submitted an application to the department prior to
January 1, 1975: PROVIDED, FURTHER, That in the event forest practices
regulations necessary for the scheduled implementation of this chapter and RCW
90.48.420 have not been adopted in time to meet such schedules, the department
shall have the authority to regulate forest practices and approve applications
on such terms and conditions consistent with this chapter and RCW 90.48.420 and
the purposes and policies of RCW 76.09.010 until applicable forest practices
regulations are in effect.
(3) If a notification
or application is delivered in person to the department by the operator or ((his))
the operator's agent, the department shall immediately provide a dated
receipt thereof. In all other cases, the department shall immediately mail a
dated receipt to the operator.
(4) Forest practices
shall be conducted in accordance with the forest practices regulations, orders
and directives as authorized by this chapter or the forest practices
regulations, and the terms and conditions of any approved applications.
(5) The department of
natural resources shall notify the applicant in writing of either its approval
of the application or its disapproval of the application and the specific
manner in which the application fails to comply with the provisions of this
section or with the forest practices regulations. Except as provided otherwise
in this section, if the department fails to either approve or disapprove an
application or any portion thereof within the applicable time limit, the application
shall be deemed approved and the operation may be commenced: PROVIDED, That
this provision shall not apply to applications which are neither approved nor
disapproved pursuant to the provisions of subsection (7) of this section:
PROVIDED, FURTHER, That if seasonal field conditions prevent the department
from being able to properly evaluate the application, the department may issue
an approval conditional upon further review within sixty days: PROVIDED,
FURTHER, That the department shall have until April 1, 1975, to approve or
disapprove an application involving forest practices allowed to continue to
April 1, 1975, under the provisions of subsection (2) of this section. Upon
receipt of any notification or any satisfactorily completed application the
department shall in any event no later than two business days after such
receipt transmit a copy to the departments of ecology((,)) and fish
and wildlife((, and fisheries)), and to the county, city, or town in
whose jurisdiction the forest practice is to be commenced. Any comments by
such agencies shall be directed to the department of natural resources.
(6) If the county,
city, or town believes that an application is inconsistent with this chapter,
the forest practices regulations, or any local authority consistent with RCW
76.09.240 as now or hereafter amended, it may so notify the department and the
applicant, specifying its objections.
(7) The department
shall not approve portions of applications to which a county, city, or town
objects if:
(a) The department
receives written notice from the county, city, or town of such objections
within fourteen business days from the time of transmittal of the application
to the county, city, or town, or one day before the department acts on the
application, whichever is later; and
(b) The objections
relate to lands either:
(i) Platted after
January 1, 1960; or
(ii) Being converted to
another use.
The department shall
either disapprove those portions of such application or appeal the county,
city, or town objections to the appeals board. If the objections related to
subparagraphs (b) (i) and (ii) of this subsection are based on local authority
consistent with RCW 76.09.240 as now or hereafter amended, the department shall
disapprove the application until such time as the county, city, or town
consents to its approval or such disapproval is reversed on appeal. The
applicant shall be a party to all department appeals of county, city, or town
objections. Unless the county, city, or town either consents or has waived its
rights under this subsection, the department shall not approve portions of an
application affecting such lands until the minimum time for county, city, or
town objections has expired.
(8) In addition to any
rights under the above paragraph, the county, city, or town may appeal any
department approval of an application with respect to any lands within its
jurisdiction. The appeals board may suspend the department's approval in whole
or in part pending such appeal where there exists potential for immediate and
material damage to a public resource.
(9) Appeals under this
section shall be made to the appeals board in the manner and time provided in
RCW 76.09.220(8). In such appeals there shall be no presumption of correctness
of either the county, city, or town or the department position.
(10) The department
shall, within four business days notify the county, city, or town of all
notifications, approvals, and disapprovals of an application affecting lands
within the county, city, or town, except to the extent the county, city, or
town has waived its right to such notice.
(11) A county, city, or
town may waive in whole or in part its rights under this section, and may
withdraw or modify any such waiver, at any time by written notice to the department.
Sec. 50. RCW 76.09.180 and 1988 c
36 s 48 are each amended to read as follows:
All penalties received
or recovered by state agency action for violations as prescribed in RCW
76.09.170 shall be deposited in the state general fund. All such penalties
recovered as a result of local government action shall be deposited in the
local government general fund. Any funds recovered as reimbursement for
damages pursuant to RCW 76.09.080 and 76.09.090 shall be transferred to that
agency with jurisdiction over the public resource damaged, including but not
limited to political subdivisions, the department of fish and wildlife,
((the department of fisheries,)) the department of ecology, the
department of natural resources, or any other department that may be so
designated: PROVIDED, That nothing herein shall be construed to affect the
provisions of RCW 90.48.142.
Sec. 51. 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 departments of natural resources((,
fisheries,)) and fish and wildlife. Primary enforcement
responsibility lies in the county sheriffs and their deputies.
Sec. 52. RCW 77.04.030 and 1993
sp.s. c 2 s 60 are each amended to read as follows:
The ((state)) fish
and wildlife commission consists of nine registered voters of the state.
In January of each odd-numbered year, the governor shall appoint with the
advice and consent of the senate two registered voters to the commission to
serve for terms of six years from that January or until their successors are
appointed and qualified. If a vacancy occurs on the commission prior to the
expiration of a term, the governor shall appoint a registered voter within
sixty days to complete the term. Three members shall be residents of that
portion of the state lying east of the summit of the Cascade mountains, and
three shall be residents of that portion of the state lying west of the summit
of the Cascade mountains. Three additional members shall be appointed at-large
effective July 1, 1993; one of whom shall serve a one and one-half year term to
end December 31, 1994; one of whom shall serve a three and one-half year term
to end December 31, 1996; and one of whom shall serve a five and one-half year
term to end December 31, 1998. Thereafter all members are to serve a six-year
term. No two members may be residents of the same county. The legal office of
the commission is at the administrative office of the department in Olympia.
Sec. 53. RCW 77.12.020 and 1987 c
506 s 13 are each amended to read as follows:
(1) The director shall
investigate the habits and distribution of the various species of wildlife
native to or adaptable to the habitats of the state. The commission shall
determine whether a species should be managed by the department and, if so,
classify it under this section.
(2) The commission may
classify by rule wild animals as game animals and game animals as fur-bearing
animals.
(3) The commission may
classify by rule wild birds as game birds or predatory birds. All wild birds
not otherwise classified are protected wildlife.
(4) In addition to
those species listed in RCW 77.08.020, the commission may classify by rule as
game fish other species of the class Osteichthyes that are commonly found in
fresh water except those classified as food fish by the director ((of
fisheries)).
(5) The director may
recommend to the commission that a species of wildlife should not be hunted or
fished. The commission may designate species of wildlife as protected.
(6) If the director
determines that a species of wildlife is seriously threatened with extinction
in the state of Washington, the director may request its designation as an
endangered species. The commission may designate an endangered species.
(7) If the director
determines that a species of the animal kingdom, not native to Washington, is
dangerous to the environment or wildlife of the state, the director may request
its designation as deleterious exotic wildlife. The commission may designate
deleterious exotic wildlife.
Sec. 54. RCW 77.12.031 and 1993 c
80 s 4 are each amended to read as follows:
The authority of the
department ((of wildlife)) does not extend to preventing, controlling,
or suppressing diseases in llamas or alpacas or to controlling the movement or
sale of llamas or alpacas.
This section shall not
be construed as granting or denying authority to the department ((of
wildlife)) to prevent, control, or suppress diseases in any animals other
than llamas and alpacas.
Sec. 55. RCW 77.17.010 and 1993 c
82 s 1 are each amended to read as follows:
The wildlife violator
compact is hereby established in the form substantially as follows, and the
Washington state department of fish and wildlife is authorized to enter
into such compact on behalf of the state with all other jurisdictions legally
joining therein:
ARTICLE
I
FINDINGS,
DECLARATION OF POLICY, AND PURPOSE
(a) The party states find
that:
(1) Wildlife resources are
managed in trust by the respective states for the benefit of all residents and
visitors.
(2) The protection of their
respective wildlife resources can be materially affected by the degree of
compliance with state statute, law, regulation, ordinance, or administrative
rule relating to the management of those resources.
(3) The preservation, protection,
management, and restoration of wildlife contributes immeasurably to the
aesthetic, recreational, and economic aspects of these natural resources.
(4) Wildlife resources are
valuable without regard to political boundaries, therefore, all persons should
be required to comply with wildlife preservation, protection, management, and
restoration laws, ordinances, and administrative rules and regulations of all
party states as a condition precedent to the continuance or issuance of any
license to hunt, fish, trap, or possess wildlife.
(5) Violation of wildlife
laws interferes with the management of wildlife resources and may endanger the
safety of persons and property.
(6) The mobility of many
wildlife law violators necessitates the maintenance of channels of
communications among the various states.
(7) In most instances, a
person who is cited for a wildlife violation in a state other than the person's
home state:
(i) Must post collateral or
bond to secure appearance for a trial at a later date; or
(ii) If unable to post
collateral or bond, is taken into custody until the collateral or bond is
posted; or
(iii) Is taken directly to
court for an immediate appearance.
(8) The purpose of the
enforcement practices described in paragraph (7) of this subdivision is to
ensure compliance with the terms of a wildlife citation by the person who, if
permitted to continue on the person's way after receiving the citation, could
return to the person's home state and disregard the person's duty under the
terms of the citation.
(9) In most instances, a
person receiving a wildlife citation in the person's home state is permitted to
accept the citation from the officer at the scene of the violation and to
immediately continue on the person's way after agreeing or being instructed to
comply with the terms of the citation.
(10) The practice described
in paragraph (7) of this subdivision causes unnecessary inconvenience and, at
times, a hardship for the person who is unable at the time to post collateral,
furnish a bond, stand trial, or pay the fine, and thus is compelled to remain
in custody until some alternative arrangement can be made.
(11) The enforcement
practices described in paragraph (7) of this subdivision consume an undue
amount of law enforcement time.
(b) It is the policy of the
party states to:
(1) Promote compliance with
the statutes, laws, ordinances, regulations, and administrative rules relating
to management of wildlife resources in their respective states.
(2) Recognize the
suspension of wildlife license privileges of any person whose license
privileges have been suspended by a party state and treat this suspension as if
it had occurred in their state.
(3) Allow violators to
accept a wildlife citation, except as provided in subdivision (b) of Article
III, and proceed on the violator's way without delay whether or not the person
is a resident in the state in which the citation was issued, provided that the
violator's home state is party to this compact.
(4) Report to the
appropriate party state, as provided in the compact manual, any conviction
recorded against any person whose home state was not the issuing state.
(5) Allow the home state to
recognize and treat convictions recorded for their residents which occurred in
another party state as if they had occurred in the home state.
(6) Extend cooperation to
its fullest extent among the party states for obtaining compliance with the
terms of a wildlife citation issued in one party state to a resident of another
party state.
(7) Maximize effective use
of law enforcement personnel and information.
(8) Assist court systems in
the efficient disposition of wildlife violations.
(c) The purpose of this
compact is to:
(1) Provide a means through
which the party states may participate in a reciprocal program to effectuate
policies enumerated in subdivision (b) of this article in a uniform and orderly
manner.
(2) Provide for the fair
and impartial treatment of wildlife violators operating within party states in
recognition of the person's right of due process and the sovereign status of a
party state.
ARTICLE
II
DEFINITIONS
Unless the context requires
otherwise, the definitions in this article apply through this compact and are
intended only for the implementation of this compact:
(a) "Citation"
means any summons, complaint, ticket, penalty assessment, or other official
document issued by a wildlife officer or other peace officer for a wildlife
violation containing an order which requires the person to respond.
(b) "Collateral"
means any cash or other security deposited to secure an appearance for trial,
in connection with the issuance by a wildlife officer or other peace officer of
a citation for a wildlife violation.
(c) "Compliance"
with respect to a citation means the act of answering the citation through
appearance at a court, a tribunal, or payment of fines, costs, and surcharges,
if any, or both such appearance and payment.
(d) "Conviction"
means a conviction, including any court conviction, of any offense related to
the preservation, protection, management, or restoration of wildlife which is
prohibited by state statute, law, regulation, ordinance, or administrative
rule, or a forfeiture of bail, bond, or other security deposited to secure
appearance by a person charged with having committed any such offense, or
payment of a penalty assessment, or a plea of nolo contendere, or the
imposition of a deferred or suspended sentence by the court.
(e) "Court" means
a court of law, including Magistrate's Court and the Justice of the Peace
Court.
(f) "Home state"
means the state of primary residence of a person.
(g) "Issuing
state" means the party state which issues a wildlife citation to the
violator.
(h) "License"
means any license, permit, or other public document which conveys to the person
to whom it was issued the privilege of pursuing, possessing, or taking any
wildlife regulated by statute, law, regulation, ordinance, or administrative
rule of a party state.
(i) "Licensing
authority" means the department or division within each party state which
is authorized by law to issue or approve licenses or permits to hunt, fish,
trap, or possess wildlife.
(j) "Party state"
means any state which enacts legislation to become a member of this wildlife
compact.
(k) "Personal
recognizance" means an agreement by a person made at the time of issuance
of the wildlife citation that the person will comply with the terms of that
citation.
(l) "State" means
any state, territory, or possession of the United States, the District of
Columbia, Commonwealth of Puerto Rico, Provinces of Canada, or other countries.
(m) "Suspension"
means any revocation, denial, or withdrawal of any or all license privileges,
including the privilege to apply for, purchase, or exercise the benefits
conferred by any license.
(n) "Terms of the
citation" means those conditions and options expressly stated upon the
citation.
(o) "Wildlife"
means all species of animals, including but not necessarily limited to mammals,
birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined
as "wildlife" and are protected or otherwise regulated by statute,
law, regulation, ordinance, or administrative rule in a party state.
"Wildlife" also means food fish and shellfish as defined by statute,
law, regulation, ordinance, or administrative rule in a party state. Species
included in the definition of "wildlife" vary from state to state and
determination of whether a species is "wildlife" for the purposes of
this compact shall be based on local law.
(p) "Wildlife
law" means any statute, law, regulation, ordinance, or administrative rule
developed and enacted to manage wildlife resources and the use thereof.
(q) "Wildlife
officer" means any individual authorized by a party state to issue a
citation for a wildlife violation.
(r) "Wildlife
violation" means any cited violation of a statute, law, regulation,
ordinance, or administrative rule developed and enacted to manage wildlife
resources and the use thereof.
ARTICLE
III
PROCEDURES
FOR ISSUING STATE
(a) When issuing a citation
for a wildlife violation, a wildlife officer shall issue a citation to any
person whose primary residence is in a party state in the same manner as if the
person were a resident of the home state and shall not require the person to
post collateral to secure appearance, subject to the exceptions contained in
subdivision (b) of this article, if the officer receives the person's personal
recognizance that the person will comply with the terms of the citation.
(b) Personal recognizance
is acceptable:
(1) If not prohibited by
local law or the compact manual; and
(2) If the violator
provides adequate proof of the violator's identification to the wildlife
officer.
(c) Upon conviction or
failure of a person to comply with the terms of a wildlife citation, the
appropriate official shall report the conviction or failure to comply to the
licensing authority of the party state in which the wildlife citation was
issued. The report shall be made in accordance with procedures specified by
the issuing state and shall contain the information specified in the compact
manual as minimum requirements for effective processing by the home state.
(d) Upon receipt of the
report of conviction or noncompliance required by subdivision (c) of this
article, the licensing authority of the issuing state shall transmit to the
licensing authority in the home state of the violator the information in a form
and content as contained in the compact manual.
ARTICLE
IV
PROCEDURES
FOR HOME STATE
(a) Upon receipt of a
report of failure to comply with the terms of a citation from the licensing
authority of the issuing state, the licensing authority of the home state shall
notify the violator, shall initiate a suspension action in accordance with the
home state's suspension procedures and shall suspend the violator's license
privileges until satisfactory evidence of compliance with the terms of the
wildlife citation has been furnished by the issuing state to the home state
licensing authority. Due process safeguards will be accorded.
(b) Upon receipt of a
report of conviction from the licensing authority of the issuing state, the
licensing authority of the home state shall enter such conviction in its
records and shall treat such conviction as if it occurred in the home state for
the purposes of the suspension of license privileges.
(c) The licensing authority
of the home state shall maintain a record of actions taken and make reports to
issuing states as provided in the compact manual.
ARTICLE
V
RECIPROCAL
RECOGNITION OF SUSPENSION
All party states shall
recognize the suspension of license privileges of any person by any state as if
the violation on which the suspension is based had in fact occurred in their
state and could have been the basis for suspension of license privileges in their
state.
ARTICLE
VI
APPLICABILITY
OF OTHER LAWS
Except as expressly
required by provisions of this compact, nothing herein shall be construed to
affect the right of any party state to apply any of its laws relating to
license privileges to any person or circumstance, or to invalidate or prevent
any agreement or other cooperative arrangements between a party state and a
nonparty state concerning wildlife law enforcement.
ARTICLE
VII
COMPACT
ADMINISTRATOR PROCEDURES
(a) For the purpose of
administering the provisions of this compact and to serve as a governing body
for the resolution of all matters relating to the operation of this compact, a
board of compact administrators is established. The board shall be composed of
one representative from each of the party states to be known as the compact
administrator. The compact administrator shall be appointed by the head of the
licensing authority of each party state and will serve and be subject to
removal in accordance with the laws of the state the administrator
represents. A compact administrator may provide for the discharge of the
administrator's duties and the performance of the administrator's functions as
a board member by an alternate. An alternate may not be entitled to serve
unless written notification of the alternate's identity has been given to the
board.
(b) Each member of the
board of compact administrators shall be entitled to one vote. No action of
the board shall be binding unless taken at a meeting at which a majority of the
total number of votes on the board are cast in favor thereof. Action by the
board shall be only at a meeting at which a majority of the party states are
represented.
(c) The board shall elect
annually, from its membership, a chairperson and vice-chairperson.
(d) The board shall adopt
bylaws, not inconsistent with the provisions of this compact or the laws of a
party state, for the conduct of its business and shall have the power to amend
and rescind its bylaws.
(e) The board may accept
for any of its purposes and functions under this compact all donations and
grants of money, equipment, supplies, materials, and services, conditional or
otherwise, from any state, the United States, or any governmental agency, and
may receive, utilize, and dispose of the same.
(f) The board may contract
with or accept services or personnel from any governmental or intergovernmental
agency, individual, firm, corporation, or any private nonprofit organization or
institution.
(g) The board shall formulate
all necessary procedures and develop uniform forms and documents for
administering the provisions of this compact. All procedures and forms adopted
pursuant to board action shall be contained in the compact manual.
ARTICLE
VIII
ENTRY INTO
COMPACT AND WITHDRAWAL
(a) This compact shall
become effective when it has been adopted by at least two states.
(b)(1) Entry into the
compact shall be made by resolution of ratification executed by the authorized
officials of the applying state and submitted to the chairperson of the board.
(2) The resolution shall be
in a form and content as provided in the compact manual and shall include
statements that in substance are as follows:
(i) A citation of the
authority by which the state is empowered to become a party to this compact;
(ii) Agreement to comply
with the terms and provisions of the compact; and
(iii) That compact entry is
with all states then party to the compact and with any state that legally
becomes a party to the compact.
(3) The effective date of
entry shall be specified by the applying state, but shall not be less than
sixty days after notice has been given by the chairperson of the board of
compact administrators or by the secretariat of the board to each party state
that the resolution from the applying state has been received.
(c) A party state may
withdraw from this compact by official written notice to the other party
states, but a withdrawal shall not take effect until ninety days after notice
of withdrawal is given. The notice shall be directed to the compact
administrator of each member state. No withdrawal shall affect the validity of
this compact as to the remaining party states.
ARTICLE
IX
AMENDMENTS
TO THE COMPACT
(a) This compact may be
amended from time to time. Amendments shall be presented in resolution form to
the chairperson of the board of compact administrators and may be initiated by
one or more party states.
(b) Adoption of an
amendment shall require endorsement by all party states and shall become
effective thirty days after the date of the last endorsement.
(c) Failure of a party
state to respond to the compact chairperson within one hundred twenty days
after receipt of the proposed amendment shall constitute endorsement.
ARTICLE
X
CONSTRUCTION
AND SEVERABILITY
This compact shall be
liberally construed so as to effectuate the purposes stated herein. The
provisions of this compact shall be severable and if any phrase, clause,
sentence, or provision of this compact is declared to be contrary to the
constitution of any party state or of the United States or the applicability
thereof to any government, agency, individual, or circumstance is held invalid,
the compact shall not be affected thereby. If this compact shall be held
contrary to the constitution of any party state thereto, the compact shall
remain in full force and effect as to the remaining states and in full force
and effect as to the state affected as to all severable matters.
ARTICLE
XI
TITLE
This compact shall be known
as the wildlife violator compact.
Sec. 56. RCW 77.17.020 and 1993 c
82 s 2 are each amended to read as follows:
For purposes of Article
VII of RCW 77.17.010, the term "licensing authority," with reference
to this state, means the department ((of wildlife)). The director ((of
the department of wildlife)) is authorized to appoint a compact
administrator.
Sec. 57. RCW 77.17.030 and 1993 c
82 s 3 are each amended to read as follows:
The director ((of
the department of wildlife)) shall furnish to the appropriate authorities
of the participating states any information or documents reasonably necessary
to facilitate the administration of the compact.
Sec. 58. RCW 79.01.805 and 1993 c
283 s 3 are each amended to read as follows:
The maximum daily wet
weight harvest or possession of seaweed for personal use from all private and
public tidelands and state bedlands is ten pounds per person. The department
of natural resources in cooperation with the department of ((fisheries))
fish and wildlife may establish seaweed harvest limits of less than ten
pounds for conservation purposes. This section shall in no way affect the
ability of any state agency to prevent harvest of any species of marine aquatic
plant from lands under its control, ownership, or management.
Sec. 59. RCW 79.01.815 and 1993 c
283 s 5 are each amended to read as follows:
The department of ((fisheries))
fish and wildlife may enforce the provisions of RCW 79.01.805 and
79.01.810.
Sec. 60. RCW 79.66.080 and 1988 c
36 s 53 are each amended to read as follows:
Periodically, at
intervals to be determined by the board of natural resources, the department of
natural resources shall identify trust lands which are expected to convert to
commercial, residential, or industrial uses within ten years. The department
shall adhere to existing local comprehensive plans, zoning classifications, and
duly adopted local policies when making this identification and determining the
fair market value of the property.
The department shall
hold a public hearing on the proposal in the county where the state land is
located. At least fifteen days but not more than thirty days before the
hearing, the department shall publish a public notice of reasonable size in
display advertising form, setting forth the date, time, and place of the
hearing, at least once in one or more daily newspapers of general circulation
in the county and at least once in one or more weekly newspapers circulated in
the area where the trust land is located. At the same time that the published
notice is given, the department shall give written notice of the hearings to
the departments of ((fisheries,)) fish and wildlife((,))
and general administration, to the parks and recreation commission, and to the
county, city, or town in which the property is situated. The department shall
disseminate a news release pertaining to the hearing among printed and
electronic media in the area where the trust land is located. The public notice
and news release also shall identify trust lands in the area which are expected
to convert to commercial, residential, or industrial uses within ten years.
A summary of the
testimony presented at the hearings shall be prepared for the board's
consideration. The board of natural resources shall designate trust lands
which are expected to convert to commercial, residential, or industrial uses as
urban land. Descriptions of lands designated by the board shall be made
available to the county and city or town in which the land is situated and for
public inspection and copying at the department's administrative office in
Olympia, Washington and at each area office.
The hearing and notice
requirements of this section apply to those trust lands which have been identified
by the department prior to July 1, 1984, as being expected to convert to
commercial, residential, or industrial uses within the next ten years, and
which have not been sold or exchanged prior to July 1, 1984.
Sec. 61. RCW 79.70.030 and 1988 c
36 s 54 are each amended to read as follows:
In order to set aside,
preserve and protect natural areas within the state, the department is
authorized, in addition to any other powers, to:
(1) Establish by rule
and regulation the criteria for selection, acquisition, management, protection
and use of such natural areas;
(2) Cooperate or
contract with any federal, state, or local governmental agency, private
organizations or individuals in carrying out the purpose of this chapter;
(3) Consistent with the
plan, acquire by gift, devise, purchase, grant, dedication, or means other than
eminent domain, the fee or any lesser right or interest in real property which
shall be held and managed as a natural area;
(4) Acquire by gift,
devise, grant or donation any personal property to be used in the acquisition
and/or management of natural areas;
(5) Inventory existing
public, state and private lands in cooperation with the council to assess
possible natural areas to be preserved within the state;
(6) Maintain a natural
heritage program to provide assistance in the selection and nomination of areas
containing natural heritage resources for registration or dedication. The
program shall maintain a classification of natural heritage resources, an
inventory of their locations, and a data bank for such information. The
department of natural resources shall cooperate with the department of fish
and wildlife in the selection and nomination of areas from the data bank
that relate to critical wildlife habitats. Information from the data bank
shall be made available to public and private agencies and individuals for
environmental assessment and proprietary land management purposes. Usage of
the classification, inventory or data bank of natural heritage resources for
any purpose inconsistent with the natural heritage program is not authorized;
(7) Prepare a natural
heritage plan which shall govern the natural heritage program in the conduct of
activities to create and manage a system of natural areas which may include
areas designated under the research natural area program on federal lands in
the state;
(a) The plan shall list
the natural heritage resources to be considered for registration and shall
provide criteria for the selection and approval of natural areas under this
chapter;
(b) The department
shall provide opportunities for input, comment, and review to the public, other
public agencies, and private groups with special interests in natural heritage
resources during preparation of the plan;
(c) Upon approval by
the council and adoption by the department, the plan shall be updated and
submitted biennially to the appropriate committees of the legislature for their
information and review. The plan shall take effect ninety days after the
adjournment of the legislative session in which it is submitted unless the
reviewing committees suggest changes or reject the plan; and
(8) Maintain a state
register of natural areas containing significant natural heritage resources to
be called the Washington register of natural area preserves. Selection of
natural areas for registration shall be in accordance with criteria listed in
the natural heritage plan and accomplished through voluntary agreement between
the owner of the natural area and the department. No privately owned lands may
be proposed to the council for registration without prior notice to the owner
or registered without voluntary consent of the owner. No state or local
governmental agency may require such consent as a condition of any permit or
approval of or settlement of any civil or criminal proceeding or to penalize
any landowner in any way for failure to give, or for withdrawal of, such
consent.
(a) The department
shall adopt rules and regulations as authorized by RCW 43.30.310 and
79.70.030(1) and chapter 34.05 RCW relating to voluntary natural area
registration.
(b) After approval by
the council, the department may place sites onto the register or remove sites
from the register.
(c) The responsibility
for management of registered natural area preserves shall be with the preserve
owner. A voluntary management agreement may be developed between the
department and the owners of the sites on the register.
(d) Any public agency
may register lands under provisions of this chapter.
Sec. 62. RCW 79.70.070 and 1988 c
36 s 55 are each amended to read as follows:
(1) The natural
heritage advisory council is hereby established. The council shall consist of
fifteen members, nine of whom shall be chosen as follows and who shall elect
from the council's membership a chairperson:
(a) Five individuals,
appointed by the commissioner, who shall be recognized experts in the ecology
of natural areas and represent the public, academic, and private sectors.
Desirable fields of expertise are biological and geological sciences; and
(b) Four individuals,
appointed by the commissioner, who shall be selected from the various regions
of the state. At least one member shall be or represent a private forest
landowner and at least one member shall be or represent a private agricultural
landowner.
(2) Members appointed
under subsection (1) of this section shall serve for terms of four years.
(3) In addition to the
members appointed by the commissioner, the director of the department of fish
and wildlife, the director of the department of ecology, ((the director
of the department of fisheries,)) the supervisor of the department of
natural resources, the director of the state parks and recreation commission,
and the administrator of the interagency committee for outdoor recreation, or
an authorized representative of each agency officer, shall serve as ex officio,
nonvoting members of the council.
(4) Any vacancy on the
council shall be filled by appointment for the unexpired term by the
commissioner.
(5) In order to provide
for staggered terms, of the initial members of the council:
(a) Three shall serve
for a term of two years;
(b) Three shall serve
for a term of three years; and
(c) Three shall serve
for a term of four years.
(6) Members of the
natural preserves advisory committee serving on July 26, 1981, shall serve as
members of the council until the commissioner appoints a successor to each.
The successor appointment shall be specifically designated to replace a member
of the natural preserves advisory committee until all members of that committee
have been replaced. A member of the natural preserves advisory committee is
eligible for appointment to the council if otherwise qualified.
(7) Members of the
council shall serve without compensation. Members shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and 43.03.060 as now or hereafter
amended.
Sec. 63. RCW 79.70.080 and 1988 c
36 s 56 are each amended to read as follows:
(1) The council shall:
(a) Meet at least
annually and more frequently at the request of the chairperson;
(b) Recommend policy
for the natural heritage program through the review and approval of the natural
heritage plan;
(c) Advise the
department, the department of fish and wildlife, the state parks and
recreation commission, ((the department of fisheries,)) and other state
agencies managing state-owned land or natural resources regarding areas under
their respective jurisdictions which are appropriate for natural area
registration or dedication;
(d) Advise the
department of rules and regulations that the council considers necessary in
carrying out this chapter; and
(e) Review and approve
area nominations by the department or other agencies for registration and
review and comment on legal documents for the voluntary dedication of such
areas.
(2) From time to time,
the council shall identify areas from the natural heritage data bank which
qualify for registration. Priority shall be based on the natural heritage plan
and shall generally be given to those resources which are rarest, most
threatened, or under-represented in the heritage conservation system on a
state-wide basis. After qualifying areas have been identified, the department
shall advise the owners of such areas of the opportunities for acquisition or
voluntary registration or dedication.
Sec. 64. RCW 79.72.020 and 1988 c
36 s 57 are each amended to read as follows:
The definitions set
forth in this section apply throughout this chapter unless the context clearly
requires otherwise.
(1)
"Department" means the state parks and recreation commission.
(2) "Committee of
participating agencies" or "committee" means a committee
composed of the executive head, or the executive's designee, of each of the
state departments of ecology, ((fisheries,)) fish and wildlife,
natural resources, and transportation, the state parks and recreation
commission, the interagency committee for outdoor recreation, the Washington
state association of counties, and the association of Washington cities. In
addition, the governor shall appoint two public members of the committee.
Public members of the committee shall be compensated in accordance with RCW
43.03.220 and shall receive reimbursement for their travel expenses as provided
in RCW 43.03.050 and ((RCW)) 43.03.060.
When a specific river
or river segment of the state's scenic river system is being considered by the
committee, a representative of each participating local government associated
with that river or river segment shall serve as a member of the committee.
(3) "Participating
local government" means the legislative authority of any city or county, a
portion of whose territorial jurisdiction is bounded by or includes a river or
river segment of the state's scenic river system.
(4) "River"
means a flowing body of water or a section, segment, or portion thereof.
(5) "River
area" means a river and the land area in its immediate environs as
established by the participating agencies not exceeding a width of one-quarter
mile landward from the streamway on either side of the river.
(6) "Scenic
easement" means the negotiated right to control the use of land, including
the air space above the land, for the purpose of protecting the scenic view
throughout the visual corridor.
(7)
"Streamway" means that stream-dependent corridor of single or multiple,
wet or dry, channel or channels within which the usual seasonal or stormwater
run-off peaks are contained, and within which environment the flora, fauna,
soil, and topography is dependent on or influenced by the height and velocity
of the fluctuating river currents.
(8) "System"
means all the rivers and river areas in the state designated by the legislature
for inclusion as scenic rivers but does not include tributaries of a designated
river unless specifically included by the legislature. The inclusion of a
river in the system does not mean that other rivers or tributaries in a
drainage basin shall be required to be part of the management program developed
for the system unless the rivers and tributaries within the drainage basin are
specifically designated for inclusion by the legislature.
(9) "Visual
corridor" means that area which can be seen in a normal summer month by a
person of normal vision walking either bank of a river included in the system.
The visual corridor shall not exceed the river area.
Sec. 65. RCW 79.81.030 and 1989 c
23 s 3 are each amended to read as follows:
The department shall
have the authority to coordinate implementation of the plan with appropriate
state agencies including the parks and recreation commission and the
departments of ecology((, fisheries,)) and fish and wildlife.
The department is authorized to promulgate, in consultation with affected
agencies, the necessary rules to provide for the cleanup and to prevent
pollution of the waters of the state and aquatic lands by plastic and other
marine debris.
Sec. 66. RCW 79.94.390 and 1983
1st ex.s. c 46 s 181 are each amended to read as follows:
The following described
tidelands, being public lands of the state, are withdrawn from sale or lease
and reserved as public areas for recreational use and for the taking of fish
and shellfish for personal use as defined in RCW 75.08.011:
Parcel No. 1. (Point
Whitney) The tidelands of the second class, owned by the state of Washington,
situate in front of, adjacent to or abutting upon lots 3, 4, and 5, section 7,
township 26 north, range 1 west, W.M., with a frontage of 72.45 lineal chains,
more or less.
Excepting, however,
those portions of the above described tidelands of the second class conveyed to
the state of Washington, department of ((fisheries and game)) fish
and wildlife through deed issued May 14, 1925, under application No. 8136,
records of department of public lands.
Parcel No. 2. (Point
Whitney) The tidelands of the second class lying below the line of mean low
tide, owned by the state of Washington, situate in front of lot 1, section 6,
township 26 north, range 1 west, W.M., with a frontage of 21.00 lineal chains,
more or less; also
The tidelands of the
second class, owned by the state of Washington, situate in front of, adjacent
to or abutting upon lots 6 and 7, and that portion of lot 5, section 1,
township 26 north, range 1 west, W.M., lying south of a line running due west
from a point on the government meander line which is S 22" E 1.69 chains from an
angle point in said meander line which is S 15" W 1.20 chains, more
or less, from the point of intersection of the north line of said lot 5 and
said meander line, with a frontage of 40.31 lineal chains, more or less.
Parcel No. 3. (Toandos
Peninsula) The tidelands of the second class, owned by the state of Washington,
situate in front of, adjacent to, or abutting upon lots 1, 2, and 3, section 5,
lots 1, 2, and 3, section 4, and lot 1, section 3, all in township 25 north,
range 1 west, W.M., with a frontage of 158.41 lineal chains, more or less.
Parcel No. 4. (Shine)
The tidelands of the second class, owned by the state of Washington, situate in
front of, adjacent to, or abutting upon lots 1, 2, 3 and that portion of lot 4
lying north of the south 8.35 chains thereof as measured along the government meander
line, all in section 35, township 28 north, range 1 east, W.M., with a frontage
of 76.70 lineal chains, more or less.
Subject to an easement
for right of way for county road granted to Jefferson county December 8, 1941
under application No. 1731, records of department of public lands.
Parcel No. 5.
(Lilliwaup) The tidelands of the second class, owned by the state of
Washington, lying easterly of the east line of vacated state oyster reserve
plat No. 133 produced southerly and situate in front of, adjacent to or
abutting upon lot 9, section 30, lot 8, section 19 and lot 5 and the south 20
acres of lot 4, section 20, all in township 23 north, range 3 west, W.M., with
a frontage of 62.46 lineal chains, more or less.
Subject to easements
for rights of way for state road granted through the filing of state road plats
No. 374 December 15, 1930, No. 661, March 29, 1949, and No. 666 August 25,
1949, records of department of public lands.
Parcel No. 6. (Nemah)
Those portions of the tidelands of the second class, owned by the state of
Washington, situate in front of, adjacent to, or abutting upon lots 5, 6, and
7, section 3 and lots 1, 2, and 3, section 4, township 12 north, range 10 west,
W.M., lots 1, 2, 3, and 4, section 34, section 27 and lots 1, 2, 3 and 4,
section 28, township 13 north, range 10 west, W.M., lying easterly of the
easterly line of the Nemah Oyster reserve and easterly of the easterly line of
a tract of tidelands of the second class conveyed through deed issued July 28,
1938, pursuant to the provisions of chapter 24, Laws of 1895, under application
No. 9731, with a frontage of 326.22 lineal chains, more or less.
Parcels No. 7 and 8.
(Penn Cove) The unplatted tidelands of the first class, and tidelands of the
second class, owned by the state of Washington, situate in front of, adjacent
to, or abutting upon lots 1 and 2, section 33, lots 1, 2, 3, and 4, section 32,
lots 2 and 3 and the B.P. Barstow D.L.C. No. 49, sections 30 and 31 and that
portion of the R.H. Lansdale D.L.C. No. 54 in section 30, lying west of the
east 3.00 chains thereof as measured along the government meander line, all in
township 32 north, range 1 east, W.M., with a frontage of 260.34 lineal chains,
more or less.
Excepting, however, the
tidelands above the line of mean low tide in front of said lot 1, section 32
which were conveyed as tidelands of the second class through deed issued
December 29, 1908, application No. 4957, records of department of public lands.
Subject to an easement
for right of way for transmission cable line granted to the United States of
America Army Engineers June 7, 1943, under application No. 17511, records of
department of public lands.
Parcel No. 9. (South
of Penn Cove) The tidelands of the second class, owned by the state of
Washington, situate in front of, adjacent to, or abutting upon lots 2, 3 and 4,
section 17 and lots 1, 2 and 3, section 20, township 31 north, range 2 east,
W.M., with a frontage of 129.97 lineal chains, more or less.
Parcel No. 10. (Mud
Bay‑-Lopez Island) The tidelands of the second class, owned by the state
of Washington situate in front of, adjacent to, or abutting upon lots 5, 6 and
7, section 18, lot 5, section 7 and lots 3, 4, and 5, section 8, all in
township 34 north, range 1 west, W.M., with a frontage of 172.11 lineal chains,
more or less.
Excepting, however, any
tideland of the second class in front of said lot 3, section 8 conveyed through
deeds issued April 14, 1909, pursuant to the provisions of chapter 24, Laws of
1895, under application No. 4985, records of department of public lands.
Parcel No. 11. (Cattle
Point) The tidelands of the second class, owned by the state of Washington,
situate in front of, adjacent to, or abutting upon lot 1, section 6, lots 1, 3,
4, 5, 6, 7, 8, 9, and 10, section 7, lots 1, 2, 3, 4, 5, 6 and 7, section 8 and
lot 1, section 5, all in township 34 north, range 2 west, W.M., with a frontage
of 463.88 lineal chains, more or less.
Excepting, however, any
tidelands of the second class in front of said lot 10, section 7 conveyed
through deed issued June 1, 1912, under application No. 6906, records of
department of public lands.
Parcel No. 12.
(Spencer Spit) The tidelands of the second class, owned by the state of
Washington, situate in front of, adjacent to, or abutting upon lots 1, 3, and
4, section 7, and lot 5, section 18 all in township 35 north, range 1 west,
W.M., with a frontage of 118.80 lineal chains, more or less.
Sec. 67. RCW 79.94.400 and 1982
1st ex.s. c 21 s 125 are each amended to read as follows:
The director of ((fisheries))
fish and wildlife may take appropriate action to provide public and
private access, including roads and docks, to and from the tidelands described
in RCW 79.94.390.
Sec. 68. RCW 79.96.030 and 1987 c
374 s 1 are each amended to read as follows:
(1) The department of
natural resources, upon the receipt of an application for a lease for the
purpose of planting and cultivating oyster beds or for the purpose of
cultivating clams or other edible shellfish, shall notify the director of ((fisheries))
fish and wildlife of the filing of the application describing the
tidelands or beds of navigable waters applied for. The director of ((fisheries))
fish and wildlife shall cause an inspection of the lands applied for to
be made and shall make a full report to the department of natural resources of
his or her findings as to whether it is necessary, in order to protect
existing natural oyster beds, and to secure adequate seeding thereof, to retain
the lands described in the application for lease or any part thereof, and in
the event the director deems it advisable to retain the lands or any part
thereof for the protection of existing natural oyster beds or to guarantee the
continuance of an adequate seed stock for existing natural oyster beds, the
same shall not be subject to lease. However, if the director determines that
the lands applied for or any part thereof may be leased, ((he)) the
director shall so notify the department of natural resources and the
director shall cause an examination of the lands to be made to determine the
presence, if any, of natural oysters, clams, or other edible shellfish on said
lands, and to fix the rental value of the lands for use for oyster, clam, or
other edible shellfish cultivation. In his or her report to the
department, the director shall recommend a minimum rental for said lands and an
estimation of the value of the oysters, clams, or other edible shellfish, if
any, then present on the lands applied for. The lands approved by the director
for lease may then be leased to the applicant for a period of not less than
five years nor more than ten years at a rental not less than the minimum rental
recommended by the director of ((fisheries)) fish and wildlife.
In addition, before entering upon possession of the land, the applicant shall
pay the value of the oysters, clams, or other edible shellfish, if any, then
present on the land as determined by the director, plus the expense incurred by
the director in investigating the quantity of oysters, clams, or other edible
shellfish, present on the land applied for.
(2) When issuing new
leases or reissuing existing leases the department shall not permit the
commercial harvest of subtidal hardshell clams by means of hydraulic escalating
when the upland within five hundred feet of any lease tract is zoned for
residential development.
Sec. 69. RCW 79.96.040 and 1982
1st ex.s. c 21 s 137 are each amended to read as follows:
Before entering into
possession of any leased tidelands or beds of navigable waters, the applicant
shall cause the same to be surveyed by a registered land surveyor, and he or
she shall furnish to the department of natural resources and to the
director of ((fisheries)) fish and wildlife, a map of the leased
premises signed and certified by the registered land surveyor. The lessee
shall also cause the boundaries of the leased premises to be marked by piling
monuments or other markers of a permanent nature as the director of ((fisheries))
fish and wildlife may direct.
Sec. 70. RCW 79.96.050 and 1993 c
295 s 2 are each amended to read as follows:
The department of
natural resources may, upon the filing of an application for a renewal lease, cause
the tidelands or beds of navigable waters to be inspected, and if he ((deem[s]))
or she deems it in the best interests of the state to re-lease said
lands, he or she shall issue to the applicant a renewal lease for such
further period not exceeding thirty years and under such terms and conditions
as may be determined by the department: PROVIDED, That in the case of an
application for a renewal lease it shall not be necessary for the lands to be
inspected and reported upon by the director of ((fisheries)) fish and
wildlife.
Sec. 71. RCW 79.96.100 and 1982
1st ex.s. c 21 s 143 are each amended to read as follows:
The department of
natural resources, upon the receipt of an application for the lease of any
first or second class tidelands owned by the state which have heretofore or
which may hereafter be set aside as state oyster reserves, shall notify the
director of ((fisheries)) fish and wildlife of the filing of the
application describing the lands applied for. It shall be the duty of the
director of ((fisheries)) fish and wildlife to cause an
inspection of the reserve to be made for the purpose of determining whether
said reserve or any part thereof should be retained as a state oyster reserve
or vacated.
Sec. 72. RCW 79.96.110 and 1982
1st ex.s. c 21 s 144 are each amended to read as follows:
In case the director of
((fisheries)) fish and wildlife approves the vacation of the
whole or any part of said reserve, the department of natural resources may
vacate and offer for lease such parts or all of said reserve as it deems to be
for the best interest of the state, and all moneys received for the lease of
such lands shall be paid to the department of natural resources in accordance
with RCW 79.94.190: PROVIDED, That nothing in RCW 79.96.090 through 79.96.110
shall be construed as authorizing the lease of any tidelands which have heretofore,
or which may hereafter, be set aside as state oyster reserves in Eld Inlet,
Hammersley Inlet, or Totten Inlet, situated in Mason or Thurston counties:
PROVIDED FURTHER, That any portion of Plat 138, Clifton's Oyster Reserve, which
has already been vacated, may be leased by the department.
Sec. 73. RCW 79.96.130 and 1990 c
163 s 9 are each amended to read as follows:
(1) If a person
wrongfully takes shellfish or causes shellfish to be wrongfully taken from the
public lands and the wrongful taking is intentional and knowing, then the
person shall be liable for damages of treble the fair market retail value of
the amount of shellfish wrongfully taken. If a person wrongfully takes
shellfish from the public lands under other circumstances, then the person
shall be liable for damages of double the fair market value of the amount of
shellfish wrongfully taken.
(2) For purposes of
this section, a person "wrongfully takes" shellfish from public lands
if the person takes shellfish: (a) Above the limits of any applicable laws
that govern the harvest of shellfish from public lands; (b) without reporting
the harvest to the department of ((fisheries)) fish and wildlife
or the department of natural resources where such reporting is required by law
or contract; (c) outside the area or above the limits that an agreement or
contract from the department of natural resources allows the harvest of
shellfish from public lands; or (d) without a lease or purchase of the
shellfish where such lease or purchase is required by law prior to harvest of
the shellfish.
(3) The remedies in
this section are for civil damages and shall be proved by a preponderance of
the evidence. The department of natural resources may file a civil action in
Thurston county superior court or the county where the shellfish were taken
against any person liable under this section. Damages recovered under this
section shall be applied in the same way as received under geoduck harvesting
agreements authorized by RCW 79.96.080.
(4) For purposes of the
remedies created by this section, the amount of shellfish wrongfully taken by a
person may be established either:
(a) By surveying the
aquatic lands to reasonably establish the amount of shellfish taken from the
immediate area where a person is shown to have been wrongfully taking
shellfish;
(b) By weighing the
shellfish on board any vessel or in possession of a person shown to be
wrongfully taking shellfish; or
(c) By any other
evidence that reasonably establishes the amount of shellfish wrongfully taken.
The amount of shellfish
established by (a) or (b) of this subsection shall be presumed to be the amount
wrongfully taken unless the defendant shows by a preponderance of evidence that
the shellfish were lawfully taken or that the defendant did not take the
shellfish presumed to have been wrongfully taken. Whenever there is reason to
believe that shellfish in the possession of any person were wrongfully taken,
the department of natural resources or the department of ((fisheries)) fish
and wildlife may require the person to proceed to a designated off-load
point and to weigh all shellfish in possession of the person or on board the
person's vessel.
(5) This civil remedy
is supplemental to the state's power to prosecute any person for theft of
shellfish, for other crimes where shellfish are involved, or for violation of
regulations of the department of ((fisheries)) fish and wildlife.
Sec. 74. RCW 79.96.906 and 1984 c
221 s 26 are each amended to read as follows:
The department of
natural resources may enter into agreements with the department of ((fisheries))
fish and wildlife for the development of an intensive management plan
for geoducks including the development and operation of a geoduck hatchery.
The department of
natural resources shall evaluate the progress of the intensive geoduck
management program and provide a written report to the legislature by December
1, 1990, for delivery to the appropriate standing committees. The evaluation
shall determine the benefits and costs of continued operation of the program,
and shall discuss alternatives including continuance, modification, and
termination of the intensive geoduck management program.
Sec. 75. RCW 80.50.030 and 1990 c
12 s 3 are each amended to read as follows:
(1) There is created
and established the energy facility site evaluation council.
(2)(a) The chairman of
the council shall be appointed by the governor with the advice and consent of
the senate, shall have a vote on matters before the council, shall serve for a
term coextensive with the term of the governor, and is removable for cause.
The chairman may designate a member of the council to serve as acting chairman
in the event of the chairman's absence. The chairman is a "state employee"
for the purposes of chapter 42.18 RCW. As applicable, when attending meetings
of the council(([,])), members may receive reimbursement for
travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are
eligible for compensation under RCW 43.03.240.
(b) The chairman or a
designee shall execute all official documents, contracts, and other materials
on behalf of the council. The Washington state energy office shall provide all
administrative and staff support for the council. The director of the energy
office has supervisory authority over the staff of the council and shall employ
such personnel as are necessary to implement this chapter. Not more than three
such employees may be exempt from chapter 41.06 RCW.
(3) The council shall
consist of the directors, administrators, or their designees, of the following
departments, agencies, commissions, and committees or their statutory
successors:
(a) Department of
ecology;
(b) Department of ((fisheries;
(c) Department of)) fish and wildlife;
(((d))) (c)
Parks and recreation commission;
(((e))) (d)
Department of health;
(((f))) (e)
State energy office;
(((g))) (f)
Department of community, trade, and economic development;
(((h))) (g)
Utilities and transportation commission;
(((i))) (h)
Office of financial management;
(((j))) (i)
Department of natural resources;
(((k) Department of
community development;
(l))) (j) Department of agriculture;
(((m))) (k)
Department of transportation.
(4) The appropriate
county legislative authority of every county wherein an application for a
proposed site is filed shall appoint a member or designee as a voting member to
the council. The member or designee so appointed shall sit with the council
only at such times as the council considers the proposed site for the county
which he or she represents, and such member or designee shall serve until there
has been a final acceptance or rejection of the proposed site;
(5) The city
legislative authority of every city within whose corporate limits an energy
plant is proposed to be located shall appoint a member or designee as a voting
member to the council. The member or designee so appointed shall sit with the
council only at such times as the council considers the proposed site for the
city which he or she represents, and such member or designee shall serve until
there has been a final acceptance or rejection of the proposed site.
(6) For any port
district wherein an application for a proposed port facility is filed subject
to this chapter, the port district shall appoint a member or designee as a
nonvoting member to the council. The member or designee so appointed shall sit
with the council only at such times as the council considers the proposed site
for the port district which he or she represents, and such member or designee
shall serve until there has been a final acceptance or rejection of the
proposed site. The provisions of this subsection shall not apply if the port
district is the applicant, either singly or in partnership or association with
any other person.
Sec. 76. RCW 84.34.055 and 1988 c
36 s 62 are each amended to read as follows:
(1) The county
legislative authority may direct the county planning commission to set open
space priorities and adopt, after a public hearing, an open space plan and
public benefit rating system for the county. The plan shall consist of
criteria for determining eligibility of lands, the process for establishing a
public benefit rating system, and an assessed valuation schedule. The assessed
valuation schedule shall be developed by the county assessor and shall be a
percentage of market value based upon the public benefit rating system. The
open space plan, the public benefit rating system, and the assessed valuations
schedule shall not be effective until approved by the county legislative
authority after at least one public hearing: PROVIDED, That any county which
has complied with the procedural requisites of ((this act)) chapter
393, Laws of 1985, prior to July 28, 1985, need not repeat those procedures
in order to adopt an open space plan pursuant to ((this act)) chapter
393, Laws of 1985.
(2) In adopting an open
space plan, recognized sources shall be used unless the county does its own
survey of important open space priorities or features, or both. Recognized
sources include but are not limited to the natural heritage data base; the
state office of historic preservation; the interagency committee for outdoor
recreation inventory of dry accretion beach and shoreline features; state,
national, county, or city registers of historic places; the shoreline master
program; or studies by the parks and recreation commission and by the
departments of ((fisheries,)) fish and wildlife((,)) and
natural resources. Features and sites may be verified by an outside expert in
the field and approved by the appropriate state or local agency to be sent to
the county legislative authority for final approval as open space.
(3) When the county
open space plan is adopted, owners of open space lands then classified under
this chapter shall be notified in the same manner as is provided in RCW
84.40.045 of their new assessed value. These lands may be removed from
classification, upon request of owner, without penalty within thirty days of
notification of value.
(4) The open space plan
and public benefit rating system under this section may be adopted for taxes
payable in 1986 and thereafter.
Sec. 77. RCW 86.26.040 and 1988 c
36 s 63 are each amended to read as follows:
Whenever state grants
under this chapter are used in a flood control maintenance project, the
engineer of the county within which the project is located shall approve all
plans for the specific project and shall supervise the work. The approval of
such plans, construction and expenditures by the department of ecology, in
consultation with the department of ((fisheries and the department of)) fish
and wildlife, shall be a condition precedent to state participation in the
cost of any project beyond planning and designing the specific project.
Additionally, state
grants may be made to counties for preparation of a comprehensive flood control
management plan required to be prepared under RCW 86.26.050.
Sec. 78. RCW 86.26.050 and 1991 c
322 s 6 are each amended to read as follows:
(1) State participation
shall be in such preparation of comprehensive flood control management plans
under this chapter and chapter 86.12 RCW, cost sharing feasibility studies for
new flood control projects, projects pursuant to section 33, chapter 322, Laws
of 1991, and flood control maintenance projects as are affected with a general
public and state interest, as differentiated from a private interest, and as are
likely to bring about public benefits commensurate with the amount of state
funds allocated thereto.
(2) No participation
for flood control maintenance projects may occur with a county or other
municipal corporation unless the director of ecology has approved the flood
plain management activities of the county, city, or town having planning
jurisdiction over the area where the flood control maintenance project will be,
on the one hundred year flood plain surrounding such area.
The department of
ecology shall adopt rules concerning the flood plain management activities of a
county, city, or town that are adequate to protect or preclude flood damage to
structures, works, and improvements, including the restriction of land uses
within a river's meander belt or floodway to only flood-compatible uses.
Whenever the department has approved county, city, and town flood plain
management activities, as a condition of receiving an allocation of funds under
this chapter, each revision to the flood plain management activities must be
approved by the department of ecology, in consultation with the department of
((fisheries and the department of)) fish and wildlife.
No participation with a
county or other municipal corporation for flood control maintenance projects may
occur unless the county engineer of the county within which the flood control
maintenance project is located certifies that a comprehensive flood control
management plan has been completed and adopted by the appropriate local
authority, or is being prepared for all portions of the river basin or other
area, within which the project is located in that county, that are subject to
flooding with a frequency of one hundred years or less.
(3) Participation for
flood control maintenance projects and preparation of comprehensive flood
control management plans shall be made from grants made by the department of
ecology from the flood control assistance account. Comprehensive flood control
management plans, and any revisions to the plans, must be approved by the department
of ecology, in consultation with the department of ((fisheries and the
department of)) fish and wildlife. The department may only grant
financial assistance to local governments that, in the opinion of the
department, are making good faith efforts to take advantage of, or comply with,
federal and state flood control programs.
Sec. 79. RCW 87.84.061 and 1988 c
127 s 69 are each amended to read as follows:
The water in any
natural or impounded lake, wholly or partially within the boundaries of an
irrigation and rehabilitation district, together with all use of said water and
the bottom and shore lines to the line established by the highest level where
water has been or shall be stored in said lake, shall be regulated, controlled
and used by the irrigation and rehabilitation district in order to further the
health, safety, recreation and welfare of the residents in the district and the
citizens and guests of the state of Washington, subject to rights of the United
States bureau of reclamation and any irrigation districts organized under the
laws of the state of Washington.
In addition to the
powers expressly or impliedly enumerated above, the directors of an irrigation
and rehabilitation district shall have the power and authority to:
(1) Control and
regulate the use of boats, skiers, skin divers, aircraft, ice skating, ice
boats, swimmers or any other use of said lake, by means of appropriate rules
and regulations not inconsistent with state fish, game or aeronautics laws.
(2) Expend district
funds for the control of mosquitoes or other harmful insects which may affect
the use of any lake located in the district: PROVIDED, That the state
department of social and health services gives its approval in writing to any
district program instituted under the authority of this item. District funds
may be expended for mosquito and insect control or other district projects or
activities even though it may be necessary to place chemicals or carry on
activities on areas located outside of an irrigation and rehabilitation
district's boundaries. These funds may be transferred to the jurisdictional
health department for the purpose of carrying out the provisions of this item.
(3) Except for state
highways, control, regulate or prohibit by means of rules and regulations, the
building, construction, placing or allowing to be placed from adjoining land,
sand, gravel, dirt, rock, tires, lumber, logs, bottles, cans, garbage and
trash, or any loathsome, noxious substances or materials of any kind, and any
piling, causeways, fill, roads, culverts, wharfs, bulkheads, buildings,
structures, floats, or markers, in, on or above the line established by the
highest level where water has been or shall be stored in said lake, located in
the district, in order to further the interests of the citizens of the state of
Washington, and residents of the district.
(4) Except for state
highways, control, regulate and require the placing, maintenance and use of
culverts and boat accesses under and through existing fills constructed over
and/or across any lake located within the district to facilitate water
circulation, navigation and the reduction of flood danger.
(5) Control the taking
of carp or other rough fish located in the district and including the right to
grant or sell an exclusive or concurrent franchise for the taking of carp or
other rough fish, providing the ((state fisheries)) department of
fish and wildlife give their approval in writing to any district project
regarding the capture, or sale of fish.
(6) Control and
regulate by means of rules and regulations the direct or indirect introduction
into any lake within the district of any human, animal or industrial waste
products, sewage, effluent or byproducts, treated or untreated: PROVIDED, That
the state department of ecology gives its approval in writing to any district
program instituted under this section, and nothing herein shall be deemed to
amend, repeal, supersede, or otherwise modify any laws or regulations relating
to public health or to the department of ecology.
(7) Except for state
highways, construct, maintain, place, and/or restore roads, buildings, docks,
dams, canals, locks, mechanical lifts or any other type of transportation
facility; dredge, purchase land, or lease land, or enter into agreements with
other agencies or conduct any other activity within or without the district
boundaries in order to carry out district projects or activities to further the
recreational potential of the area.
Sec. 80. RCW 88.12.055 and 1993 c
244 s 9 are each amended to read as follows:
(1) Every law
enforcement officer of this state and its political subdivisions has the
authority to enforce this chapter. Law enforcement officers may enforce
recreational boating rules adopted by the commission. Such law enforcement
officers include, but are not limited to, county sheriffs, officers of other
local law enforcement entities, wildlife agents ((of the department of
wildlife)) and fisheries patrol officers of the department of ((fisheries))
fish and wildlife, through ((their directors)) the director,
the state patrol, through its chief, and state park rangers. In the exercise
of this responsibility, all such officers may stop and board any vessel and
direct it to a suitable pier or anchorage to enforce this chapter.
(2) 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.
Sec. 81. RCW 88.12.305 and 1989 c
393 s 3 are each amended to read as follows:
The commission, in
consultation with the departments of ecology, ((fisheries,)) fish and
wildlife, natural resources, social and health services, and the Puget Sound
water quality authority shall conduct a literature search and analyze pertinent
studies to identify areas which are polluted or environmentally sensitive
within the state's waters. Based on this review the commission shall designate
appropriate areas as polluted or environmentally sensitive, for the purposes of
((this act)) chapter 393, Laws of 1989 only.
Sec. 82. RCW 90.03.247 and 1987 c
506 s 95 and 1987 c 505 s 81 are each reenacted and amended to read as follows:
Whenever an application
for a permit to make beneficial use of public waters is approved relating to a
stream or other water body for which minimum flows or levels have been adopted
and are in effect at the time of approval, the permit shall be conditioned to
protect the levels or flows. No agency may establish minimum flows and levels
or similar water flow or level restrictions for any stream or lake of the state
other than the department of ecology whose authority to establish is exclusive,
as provided in chapter 90.03 RCW and RCW 90.22.010 and 90.54.040. The
provisions of other statutes, including but not limited to RCW 75.20.100 and
chapter 43.21C RCW, may not be interpreted in a manner that is inconsistent
with this section. In establishing such minimum flows, levels, or similar
restrictions, the department shall, during all stages of development by the
department of ecology of minimum flow proposals, consult with, and carefully
consider the recommendations of, ((the department of fisheries,)) the
department of fish and wildlife, the state energy office, the department
of agriculture, and representatives of the affected Indian tribes. Nothing
herein shall preclude ((the department of fisheries,)) the department of
fish and wildlife, the energy office, or the department of agriculture
from presenting its views on minimum flow needs at any public hearing or to any
person or agency, and ((the department of fisheries,)) the department of
fish and wildlife, the energy office, and the department of agriculture
are each empowered to participate in proceedings of the federal energy
regulatory commission and other agencies to present its views on minimum flow
needs.
Sec. 83. RCW 90.03.280 and 1988 c
36 s 65 are each amended to read as follows:
Upon receipt of a
proper application, the department shall instruct the applicant to publish
notice thereof in a form and within a time prescribed by ((him)) the
department in a newspaper of general circulation published in the county or
counties in which the storage, diversion, and use is to be made, and in such
other newspapers as ((he)) the department may direct, once a week
for two consecutive weeks. Upon receipt by the department of an application it
shall send notice thereof containing pertinent information to ((the director
of fisheries and)) the director of fish and wildlife.
Sec. 84. RCW 90.03.290 and 1988 c
36 s 66 are each amended to read as follows:
When an application
complying with the provisions of this chapter and with the rules and
regulations of the department has been filed, the same shall be placed on
record with the department, and it shall be its duty to investigate the
application, and determine what water, if any, is available for appropriation,
and find and determine to what beneficial use or uses it can be applied. If it
is proposed to appropriate water for irrigation purposes, the department shall
investigate, determine and find what lands are capable of irrigation by means of
water found available for appropriation. If it is proposed to appropriate
water for the purpose of power development, the department shall investigate,
determine and find whether the proposed development is likely to prove
detrimental to the public interest, having in mind the highest feasible use of
the waters belonging to the public. If the application does not contain, and
the applicant does not promptly furnish sufficient information on which to base
such findings, the department may issue a preliminary permit, for a period of
not to exceed three years, requiring the applicant to make such surveys,
investigations, studies, and progress reports, as in the opinion of the
department may be necessary. If the applicant fails to comply with the
conditions of the preliminary permit, it and the application or applications on
which it is based shall be automatically canceled and the applicant so
notified. If the holder of a preliminary permit shall, before its expiration,
file with the department a verified report of expenditures made and work done
under the preliminary permit, which, in the opinion of the department,
establishes the good faith, intent and ability of the applicant to carry on the
proposed development, the preliminary permit may, with the approval of the
governor, be extended, but not to exceed a maximum period of five years from
the date of the issuance of the preliminary permit. The department shall make
and file as part of the record in the matter, written findings of fact
concerning all things investigated, and if it shall find that there is water
available for appropriation for a beneficial use, and the appropriation thereof
as proposed in the application will not impair existing rights or be
detrimental to the public welfare, it shall issue a permit stating the amount
of water to which the applicant shall be entitled and the beneficial use or
uses to which it may be applied: PROVIDED, That where the water applied for is
to be used for irrigation purposes, it shall become appurtenant only to such
land as may be reclaimed thereby to the full extent of the soil for
agricultural purposes. But where there is no unappropriated water in the
proposed source of supply, or where the proposed use conflicts with existing
rights, or threatens to prove detrimental to the public interest, having due
regard to the highest feasible development of the use of the waters belonging
to the public, it shall be duty of the department to reject such application
and to refuse to issue the permit asked for. If the permit is refused because
of conflict with existing rights and such applicant shall acquire same by
purchase or condemnation under RCW 90.03.040, the department may thereupon
grant such permit. Any application may be approved for a less amount of water
than that applied for, if there exists substantial reason therefor, and in any
event shall not be approved for more water than can be applied to beneficial
use for the purposes named in the application. In determining whether or not a
permit shall issue upon any application, it shall be the duty of the department
to investigate all facts relevant and material to the application. After the
department approves said application in whole or in part and before any permit
shall be issued thereon to the applicant, such applicant shall pay the fee
provided in RCW 90.03.470: PROVIDED FURTHER, That in the event a permit is
issued by the department upon any application, it shall be its duty to notify
((both the director of fisheries and)) the director of fish and
wildlife of such issuance.
Sec. 85. RCW 90.03.360 and 1993
sp.s. c 4 s 12 are each amended to read as follows:
(1) The owner or owners
of any water diversion shall maintain, to the satisfaction of the department of
ecology, substantial controlling works and a measuring device constructed and
maintained to permit accurate measurement and practical regulation of the flow
of water diverted. Every owner or manager of a reservoir for the storage of
water shall construct and maintain, when required by the department, any
measuring device necessary to ascertain the natural flow into and out of said
reservoir.
Metering of diversions
or measurement by other approved methods shall be required as a condition for
all new surface water right permits, and except as provided in subsection (2)
of this section, may be required as a condition for all previously existing surface
water rights. The department may also require, as a condition for all water
rights, metering of diversions, and reports regarding such metered diversions
as to the amount of water being diverted. Such reports shall be in a form
prescribed by the department.
(2) Where water
diversions are from waters in which the salmonid stock status is depressed or
critical, as determined by the department((s of fisheries)) of fish
and wildlife, or where the volume of water being diverted exceeds one cubic
foot per second, the department shall require metering or measurement by other
approved methods as a condition for all new and previously existing water
rights or claims. The department shall attempt to integrate the requirements
of this subsection into its existing compliance workload priorities, but shall
prioritize the requirements of this subsection ahead of the existing compliance
workload where a delay may cause the decline of wild salmonids. The department
shall notify the department((s of fisheries)) of fish and
wildlife of the status of fish screens associated with these diversions.
This subsection (2)
shall not apply to diversions for public or private hatcheries or fish rearing
facilities if the diverted water is returned directly to the waters from which
it was diverted.
Sec. 86. RCW 90.22.010 and 1988 c
47 s 6 are each amended to read as follows:
The department of
ecology may establish minimum water flows or levels for streams, lakes or other
public waters for the purposes of protecting fish, game, birds or other
wildlife resources, or recreational or aesthetic values of said public waters
whenever it appears to be in the public interest to establish the same. In
addition, the department of ecology shall, when requested by the ((department
of fisheries or the)) department of fish and wildlife to protect
fish, game or other wildlife resources under the jurisdiction of the requesting
state agency, or if the department of ecology finds it necessary to preserve
water quality, establish such minimum flows or levels as are required to
protect the resource or preserve the water quality described in the request or
determination. Any request submitted by the ((department of fisheries or))
department of fish and wildlife shall include a statement setting forth
the need for establishing a minimum flow or level. When the department acts to
preserve water quality, it shall include a similar statement with the proposed
rule filed with the code reviser. This section shall not apply to waters
artificially stored in reservoirs, provided that in the granting of storage
permits by the department of ecology in the future, full recognition shall be
given to downstream minimum flows, if any there may be, which have theretofore
been established hereunder.
The current guidelines,
standards, or criteria governing the instream flow programs established
pursuant to this chapter shall not be altered or amended after March 15, 1988,
in accordance with RCW 90.54.022(5).
Sec. 87. RCW 90.22.020 and 1987 c
506 s 97 are each amended to read as follows:
Flows or levels
authorized for establishment under RCW 90.22.010, or subsequent modification
thereof by the department shall be provided for through the adoption of rules.
Before the establishment or modification of a water flow or level for any
stream or lake or other public water, the department shall hold a public
hearing in the county in which the stream, lake, or other public water is
located. If it is located in more than one county the department shall
determine the location or locations therein and the number of hearings to be
conducted. Notice of the hearings shall be given by publication in a newspaper
of general circulation in the county or counties in which the stream, lake, or
other public waters is located, once a week for two consecutive weeks before
the hearing. The notice shall include the following:
(1) The name of each
stream, lake, or other water source under consideration;
(2) The place and time
of the hearing;
(3) A statement that
any person, including any private citizen or public official, may present his or
her views either orally or in writing.
Notice of the hearing
shall also be served upon the administrators of the departments of ((fisheries,))
social and health services, natural resources, fish and wildlife, and
transportation.
Sec. 88. RCW 90.24.030 and 1988 c
36 s 67 are each amended to read as follows:
The petition shall be
entitled "In the matter of fixing the level of Lake
. . . . . . in . . . . . .
county, Washington", and shall be filed with the clerk of the court and a
copy thereof, together with a copy of the order fixing the time for hearing the
petition, shall be served on each owner of property abutting on the lake, not
less than ten days before the hearing. Like copies shall also be served upon
the director of ((fisheries)) fish and ((of)) wildlife and
the director of ecology. The copy of the petition and of the order fixing time
for hearing shall be served in the manner provided by law for the service of
summons in civil actions, or in such other manner as may be prescribed by order
of the court. For the benefit of every riparian owner abutting on a stream or
river flowing from such lake, a copy of the notice of hearing shall be
published at least once a week for two consecutive weeks before the time set
for hearing in a newspaper in each county or counties wherein located, said
notice to contain a brief statement of the reasons and necessity for such
application.
Sec. 89. RCW 90.24.060 and 1988 c
36 s 68 are each amended to read as follows:
Such improvement or
device in said lake for the protection of the fish and game fish therein shall
be installed by and under the direction of the board of county commissioners of
said county with the approval of the respective directors of the ((department
of fisheries, the)) department of fish and wildlife and the
department of ecology of the state of Washington and paid for out of the
special fund provided for in RCW 90.24.050.
Sec. 90. RCW 90.38.040 and 1989 c
429 s 5 are each amended to read as follows:
(1) All trust water
rights acquired by the department shall be placed in the Yakima river basin
trust water rights program to be managed by the department. The department
shall issue a water right certificate in the name of the state of Washington
for each trust water right it acquires.
(2) Trust water rights
shall retain the same priority date as the water right from which they
originated. Trust water rights may be modified as to purpose or place of use
or point of diversion, including modification from a diversionary use to a
nondiversionary instream use.
(3) Trust water rights
may be held by the department for instream flows and/or irrigation use.
(4) A schedule of the
amount of net water saved as a result of water conservation projects carried
out in accordance with this chapter, shall be developed annually to reflect the
predicted hydrologic and water supply conditions, as well as anticipated water
demands, for the upcoming irrigation season. This schedule shall serve as the
basis for the distribution and management of trust water rights each year.
(5) No exercise of a
trust water right may be authorized unless the department first determines that
no existing water rights, junior or senior in priority, will be impaired as to
their exercise or injured in any manner whatever by such authorization. Before
any trust water right is exercised, the department shall publish notice thereof
in a newspaper of general circulation published in the county or counties in
which the storage, diversion, and use are to be made, and in such other
newspapers as the department determines are necessary, once a week for two
consecutive weeks. At the same time the department may also send notice
thereof containing pertinent information to the ((director of fisheries and
the)) director of fish and wildlife.
(6) RCW 90.03.380 and
90.14.140 through 90.14.910 shall have no applicability to trust water rights
held by the department under this chapter or exercised under this section.
Sec. 91. RCW 90.48.170 and 1988 c
36 s 70 are each amended to read as follows:
Applications for
permits shall be made on forms prescribed by the department and shall contain
the name and address of the applicant, a description of ((his)) the
applicant's operations, the quantity and type of waste material sought to
be disposed of, the proposed method of disposal, and any other relevant
information deemed necessary by the department. Application for permits shall
be made at least sixty days prior to commencement of any proposed discharge or
permit expiration date, whichever is applicable. Upon receipt of a proper
application relating to a new operation, or an operation previously under
permit for which an increase in volume of wastes or change in character of
effluent is requested over that previously authorized, the department shall
instruct the applicant to publish notices thereof by such means and within such
time as the department shall prescribe. The department shall require that the
notice so prescribed shall be published twice in a newspaper of general
circulation within the county in which the disposal of waste material is
proposed to be made and in such other appropriate information media as the
department may direct. Said notice shall include a statement that any person
desiring to present his or her views to the department with regard to
said application may do so in writing to the department, or any person interested
in the department's action on an application for a permit, may submit his or
her views or notify the department of his or her interest within
thirty days of the last date of publication of notice. Such notification or
submission of views to the department shall entitle said persons to a copy of
the action taken on the application. Upon receipt by the department of an
application, it shall immediately send notice thereof containing pertinent
information to the ((directors of fisheries)) director of fish
and wildlife and to the secretary of social and health services. When an
application complying with the provisions of this chapter and the rules and
regulations of the department has been filed with the department, it shall be
its duty to investigate the application, and determine whether the use of
public waters for waste disposal as proposed will pollute the same in violation
of the public policy of the state.
Sec. 92. RCW 90.48.368 and 1992 c
73 s 29 are each amended to read as follows:
(1) The department
shall adopt rules establishing a formal process for preassessment screening of
damages resulting from spills to the waters of the state causing the death of,
or injury to, fish, animals, vegetation, or other resources of the state. The
rules shall specify the conditions under which the department shall convene a
preassessment screening committee. The preassessment screening process shall
occur concurrently with reconnaissance activities. The committee shall use
information obtained from reconnaissance activities as well as any other
relevant resource and resource use information. For each incident, the
committee shall determine whether a damage assessment investigation should be
conducted, or, whether the compensation schedule authorized under RCW 90.48.366
and 90.48.367 should be used to assess damages. The committee may accept
restoration or enhancement projects or studies proposed by the liable parties
in lieu of some or all of: (a) The compensation schedule authorized under RCW
90.48.366 and 90.48.367; or (b) the claims from damage assessment studies
authorized under RCW 90.48.142.
(2) A preassessment
screening committee may consist of representatives of the departments of
ecology, ((fisheries,)) fish and wildlife, natural resources,
social and health services, and emergency management, the parks and recreation
commission, the office of archaeology and historic preservation, as well as
other federal, state, and local agencies, and tribal and local governments
whose presence would enhance the reconnaissance or damage assessment aspects of
spill response. The department shall chair the committee and determine which
representatives will be needed on a spill-by-spill basis.
(3) The committee shall
consider the following factors when determining whether a damage assessment
study authorized under RCW 90.48.367 should be conducted: (a) Whether evidence
from reconnaissance investigations suggests that injury has occurred or is
likely to occur to publicly owned resources; (b) the potential loss in services
provided by resources injured or likely to be injured and the expected value of
the potential loss; (c) whether a restoration project to return lost services
is technically feasible; (d) the accuracy of damage quantification methods that
could be used and the anticipated cost-effectiveness of applying each method;
(e) the extent to which likely injury to resources can be verified with
available quantification methods; and (f) whether the injury, once quantified,
can be translated into monetary values with sufficient precision or accuracy.
(4) When a resource
damage assessment is required for an oil spill in the navigable waters of the
state, as defined in RCW 90.56.010, the state trustee agency responsible for
the resource and habitat damaged shall conduct the damage assessment and pursue
all appropriate remedies with the responsible party.
(5) Oil spill damage
assessment studies authorized under RCW 90.48.367 may only be conducted if the
committee, after considering the factors enumerated in subsection (3) of this
section, determines that the damages to be investigated are quantifiable at a
reasonable cost and that proposed assessment studies are clearly linked to quantification
of the damages incurred.
(6) As new information
becomes available, the committee may reevaluate the scope of damage assessment
using the factors listed in subsection (3) of this section and may reduce or
expand the scope of damage assessment as appropriate.
(7) The preassessment
screening process shall provide for the ongoing involvement of persons who may
be liable for damages resulting from an oil spill. The department may
negotiate with a potentially liable party to perform restoration and
enhancement projects or studies which may substitute for all or part of the
compensation authorized under RCW 90.48.366 and 90.48.367 or the damage
assessment studies authorized under RCW 90.48.367.
(8) For the purposes of
this section and RCW 90.48.367, the cost of a damage assessment shall be
considered "reasonable" when the anticipated cost of the damage
assessment is expected to be less than the anticipated damage that may have
occurred or may occur.
Sec. 93. RCW 90.48.400 and 1992 c
73 s 30 are each amended to read as follows:
(1) Moneys in the
coastal protection fund shall be disbursed for the following purposes and no
others:
(a) Environmental
restoration and enhancement projects intended to restore or enhance environmental,
recreational, archaeological, or aesthetic resources for the benefit of
Washington's citizens;
(b) Investigations of
the long-term effects of oil spills; and
(c) Development and
implementation of an aquatic land geographic information system.
(2) The director may
allocate a portion of the fund to be devoted to research and development in the
causes, effects, and removal of pollution caused by the discharge of oil or
other hazardous substances.
(3) A steering
committee consisting of representatives of the departments of ecology,
((fisheries,)) fish and wildlife, and natural resources, and the
parks and recreation commission shall authorize the expenditure of the moneys
collected under RCW 90.48.366 through 90.48.368, after consulting impacted local
agencies and local and tribal governments.
(4) Agencies may not be
reimbursed from the coastal protection fund for the salaries and benefits of
permanent employees for routine operational support. Agencies may only be
reimbursed under this section if money for reconnaissance and damage assessment
activities is unavailable from other sources.
Sec. 94. RCW 90.56.100 and 1992 c
73 s 32 are each amended to read as follows:
(1) The Washington
wildlife rescue coalition shall be established for the purpose of coordinating
the rescue and rehabilitation of wildlife injured or endangered by oil spills
or the release of other hazardous substances into the environment.
(2) The Washington
wildlife rescue coalition shall be composed of:
(a) A representative of
the department of fish and wildlife designated by the director of fish
and wildlife. The department of fish and wildlife shall be
designated as lead agency in the operations of the coalition. The coalition
shall be chaired by the representative from the department of fish and
wildlife;
(b) A representative of
the department of ecology designated by the director;
(c) A representative of
the department of community, trade, and economic development emergency
management program designated by the director of community, trade, and
economic development;
(d) A licensed
veterinarian, with experience and training in wildlife rehabilitation,
appointed by the veterinary board of governors;
(e) The director of the
Washington conservation corps;
(f) A lay person, with
training and experience in the rescue and rehabilitation of wildlife appointed
by the department; and
(g) A person designated
by the legislative authority of the county where oil spills or spills of other
hazardous substances may occur. This member of the coalition shall serve on
the coalition until wildlife rescue and rehabilitation is completed in that
county. The completion of any rescue or rehabilitation project shall be
determined by the director of fish and wildlife.
(3) The duties of the
Washington wildlife rescue coalition shall be to:
(a) Develop an
emergency mobilization plan to rescue and rehabilitate waterfowl and other
wildlife that are injured or endangered by an oil spill or the release of other
hazardous substances into the environment;
(b) Develop and
maintain a resource directory of persons, governmental agencies, and private
organizations that may provide assistance in an emergency rescue effort;
(c) Provide advance
training and instruction to volunteers in rescuing and rehabilitating waterfowl
and wildlife injured or endangered by oil spills or the release of other
hazardous substances into the environment. The training may be provided
through grants to community colleges or to groups that conduct programs for
training volunteers. The coalition representatives from the agencies described
in subsection (2) of this section shall coordinate training efforts with the
director of the Washington conservation corps and work to provide training
opportunities for young citizens;
(d) Obtain and maintain
equipment and supplies used in emergency rescue efforts;
(e) Report to the
appropriate standing committees of the legislature on the progress of the
coalition's efforts and detail future funding options necessary for the
implementation of this section and RCW 90.56.110. The coalition shall report
by January 30, 1991.
(4)(a) Expenses for the
coalition may be provided by the coastal protection fund administered according
to RCW 90.48.400.
(b) The coalition is
encouraged to seek grants, gifts, or donations from private sources in order to
carry out the provisions of this section and RCW 90.56.110. Any private funds
donated to the commission shall be deposited into the wildlife rescue account
hereby created within the wildlife fund as authorized under Title 77 RCW.
Sec. 95. RCW 90.56.110 and 1990 c
116 s 13 are each amended to read as follows:
The department of fish
and wildlife may adopt rules including, but not limited to, the following:
(1) Procedures and
methods of handling and caring for waterfowl or other wildlife affected by
spills of oil and other hazardous materials;
(2) The certification
of persons trained in the removal of pollutants from waterfowl or other
wildlife;
(3) Development of
procedures with respect to removal of oil and other hazardous substances from
waterfowl or other wildlife;
(4) The establishment
of training exercises, courses, and other training procedures as necessary;
(5) Such other rules as
may be reasonably necessary to carry out the intent of RCW 90.56.100.
Sec. 96. RCW 90.62.020 and 1988 c
36 s 71 are each amended to read as follows:
For purposes of this
chapter the following words mean, unless the context clearly dictates
otherwise:
(1) "Board"
means the pollution control hearings board.
(2)
"Department" means the department of ecology.
(3) "Local
government" means a county, city or town.
(4) "Permit"
means any license, permit, certificate, certification, approval, compliance
schedule, or other similar document pertaining to any regulatory or management
program related to the protection, conservation, or use of, or interference
with, the natural resources of land, air or water in the state, which is
required to be obtained from a state agency prior to constructing or operating
a project in the state of Washington. Permit shall also mean a substantial
development permit under RCW 90.58.140 and any permit, required by a local
government for a project, that the local government has chosen to process
pursuant to RCW 90.62.100(2) as now or hereafter amended. Nothing in this
chapter shall relate to a permit issued by the department of labor and
industries or by the utilities and transportation commission; nor to the
granting of proprietary interests in publicly owned property such as sales,
leases, easements, use permits and licenses.
(5) "Person"
means any individual, municipal, public, or private corporation, or other
entity however denominated, including a state agency and county.
(6)
"Processing" and "processing of applications" mean the
entire process to be followed in relation to the making of decisions on an
application for a permit and review thereof as provided in RCW 90.62.040
through 90.62.080.
(7) "Project"
means any new activity or any expansion of or addition to an existing activity,
fixed in location, for which permits are required prior to construction or
operation from (a) two or more state agencies as defined in subsection (8) of
this section, or (b) one or more state agencies and a local government, if the
local government is processing permits or requests for variances or rezones
pursuant to the procedure established by the provisions of this chapter, as
provided by RCW 90.62.100(2) as now or hereafter amended. Such construction or
operation may include, but need not be limited to, industrial and commercial
operations and developments. For the purpose of part (a) of this subsection,
the submission of plans and specifications for a hydraulic project or other
work to the department((s of fisheries)) of fish and wildlife
pursuant to RCW 75.20.100 shall be considered to be an application for a permit
required by one state agency.
(8) "State
agency" means any state department, commission, board or other agency of
the state however titled. For the limited purposes of this chapter only
"state agency" shall also mean (a) any local or regional air
pollution control authority established under chapter 70.94 RCW and (b) any
local government when said government is acting in its capacity as a decision
maker on an application for a permit pursuant to RCW 90.58.140.
Sec. 97. RCW 90.70.045 and 1990 c
115 s 3 are each amended to read as follows:
(1) The executive
director shall hire staff for the authority. In so doing, the executive
director shall recognize the many continuing planning and research activities
concerning Puget Sound water quality and shall seek to acquire competent and
knowledgeable staff from state, federal, and local government agencies and
other agencies that are currently involved in these activities.
(2) As deemed
appropriate, the executive director may request the state departments of
ecology, community, trade, and economic development, ((fisheries,))
fish and wildlife, agriculture, natural resources, parks and recreation,
and health to each assign at least one employee to the authority. The
executive director shall enter into an interagency agreement with agencies
assigning employees to the authority. Such agreement shall provide for
reimbursement, by the authority to the assigning agency, of all work-related
expenditures associated with the assignment of the employees. During the term
of their assignment, the executive director has full authority and
responsibility for the activities of these employees.
(3) The executive
director shall seek assignment of appropriate federal and local government
employees under available means.
Sec. 98. RCW 90.70.065 and 1990 c
115 s 9 are each amended to read as follows:
(1) In addition to
other powers and duties specified in this chapter, the authority shall ensure
implementation of the Puget Sound ambient monitoring program established in the
plan under RCW 90.70.060(12). The program shall:
(a) Develop a baseline
and examine differences among areas of Puget Sound, for environmental
conditions, natural resources, and contaminants in seafood, against which
future changes can be measured;
(b) Take measurements
relating to specific program elements identified in the plan;
(c) Measure the
progress of the ambient monitoring programs implemented under the plan;
(d) Provide a permanent
record of significant natural and human-caused changes in key environmental
indicators in Puget Sound; and
(e) Help support
research on Puget Sound.
(2) To ensure proper
coordination of the ambient monitoring program, the authority may establish an
interagency coordinating committee consisting of representatives from the
departments of ecology, ((fisheries)) fish and wildlife, natural
resources, ((wildlife,)) and health, and such federal, local, tribal,
and other organizations as are necessary to implement the program.
(3) Each state agency
with responsibilities for implementing the Puget Sound ambient monitoring
program, as specified in the plan, shall participate in the program.
NEW SECTION. Sec.
99. RCW 43.220.140 is
decodified.
NEW
SECTION. Sec. 100. This act shall take
effect July 1, 1994.
