AN ACT Relating to
wildlife violations; amending RCW 77.08.010 and 77.16.020; and creating a new
section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. It is the intent of the
legislature to clarify hunting and fishing laws in light of the decision in State
v. Bailey, 77 Wn. App. 732 (1995). The fish and wildlife commission has
the authority to establish hunting and fishing seasons. These seasons are
defined by limiting the times, manners of taking, and places or waters for
lawful hunting, fishing, or possession of game animals, game birds, or game
fish, as well as by limiting the physical characteristics of the game animals,
game birds, or game fish which may be lawfully taken at those times, in those
manners, and at those places or waters.
Sec. 2. RCW 77.08.010 and 1993
sp.s. c 2 s 66 are each amended to read as follows:
As used in this title
or rules adopted pursuant to this title, unless the context clearly requires
otherwise:
(1)
"Director" means the director of fish and wildlife.
(2)
"Department" means the department of fish and wildlife.
(3)
"Commission" means the state fish and wildlife commission.
(4) "Person"
means and includes an individual, a corporation, or a group of two or more
individuals acting with a common purpose whether acting in an individual,
representative, or official capacity.
(5) "Wildlife
agent" means a person appointed and commissioned by the director, with
authority to enforce laws and rules adopted pursuant to this title, and other
statutes as prescribed by the legislature.
(6) "Ex officio
wildlife agent" means a commissioned officer of a municipal, county,
state, or federal agency having as its primary function the enforcement of
criminal laws in general, while the officer is in the appropriate jurisdiction.
The term "ex officio wildlife agent" includes fisheries patrol
officers, special agents of the national marine fisheries service, state parks
commissioned officers, United States fish and wildlife special agents,
department of natural resources enforcement officers, and United States forest
service officers, while the agents and officers are within their respective
jurisdictions.
(7) "To hunt"
and its derivatives means an effort to kill, injure, capture, or harass a wild
animal or wild bird.
(8) "To trap"
and its derivatives means a method of hunting using devices to capture wild
animals or wild birds.
(9) "To fish"
and its derivatives means an effort to kill, injure, harass, or catch a game
fish.
(10) "Open
season" means those times, manners of taking, and places or waters
established by rule of the commission for the lawful hunting, fishing, or
possession of game animals, game birds, or game fish that conform to the
special restrictions or physical descriptions established by rule of the
commission or that have otherwise been deemed legal to hunt, fish, or possess
by rule of the commission. "Open season" includes the first and
last days of the established time.
(11) "Closed
season" means all times, manners of taking, and places or waters other than
those established by rule of the commission as an open season. "Closed
season" also means all hunting, fishing, or possession of game animals,
game birds, or game fish that do not conform to the special restrictions or
physical descriptions established by rule of the commission as an open season
or that have not otherwise been deemed legal to hunt, fish, or possess by rule
of the commission as an open season.
(12) "Closed
area" means a place where the hunting of some species of wild animals or
wild birds is prohibited.
(13) "Closed
waters" means all or part of a lake, river, stream, or other body of
water, where fishing for game fish is prohibited.
(14) "Game
reserve" means a closed area where hunting for all wild animals and wild
birds is prohibited.
(15) "Bag
limit" means the maximum number of game animals, game birds, or game fish
which may be taken, caught, killed, or possessed by a person, as specified by
rule of the commission for a particular period of time, or as to size, sex, or
species.
(16)
"Wildlife" means all species of the animal kingdom whose members
exist in Washington in a wild state. This includes but is not limited to
mammals, birds, reptiles, amphibians, fish, and invertebrates. The term
"wildlife" does not include feral domestic mammals, the family
Muridae of the order Rodentia (old world rats and mice), or those fish,
shellfish, and marine invertebrates classified as food fish or shellfish by the
director. The term "wildlife" includes all stages of development and
the bodily parts of wildlife members.
(17) "Wild
animals" means those species of the class Mammalia whose members exist in
Washington in a wild state and the species Rana catesbeiana (bullfrog). The
term "wild animal" does not include feral domestic mammals or the family
Muridae of the order Rodentia (old world rats and mice).
(18) "Wild
birds" means those species of the class Aves whose members exist in
Washington in a wild state.
(19) "Protected
wildlife" means wildlife designated by the commission that shall not be
hunted or fished.
(20) "Endangered
species" means wildlife designated by the commission as seriously
threatened with extinction.
(21) "Game
animals" means wild animals that shall not be hunted except as authorized
by the commission.
(22) "Fur-bearing
animals" means game animals that shall not be trapped except as authorized
by the commission.
(23) "Game
birds" means wild birds that shall not be hunted except as authorized by
the commission.
(24) "Predatory
birds" means wild birds that may be hunted throughout the year as
authorized by the commission.
(25) "Deleterious
exotic wildlife" means species of the animal kingdom not native to
Washington and designated as dangerous to the environment or wildlife of the
state.
(26) "Game
farm" means property on which wildlife is held or raised for commercial
purposes, trade, or gift. The term "game farm" does not include
publicly owned facilities.
(27) "Person of
disability" means a permanently disabled person who is not ambulatory
without the assistance of a wheelchair, crutches, or similar devices.
Sec. 3. RCW 77.16.020 and 1987 c
506 s 59 are each amended to read as follows:
(1) It is unlawful to
hunt, fish, or possess((, or control)) a ((species of game
bird,)) game animal, game bird, or game fish during ((the))
closed season for that ((species)) game animal, game bird, or game
fish except as provided in RCW 77.12.105 or 77.12.265.
(2) It is unlawful to
kill, take, catch, possess, or control ((these species)) a game
animal, game bird, or game fish in excess of the number fixed as the bag
limit for ((each species)) that game animal, game bird, or game fish.
(3) It is unlawful to
hunt within a game reserve or to fish for game fish within closed waters.
(4) It is unlawful to
hunt wild birds or wild animals within a closed area except as authorized by
rule of the commission.
(5) It is unlawful to
hunt or fish for wildlife, practice taxidermy for profit, deal in raw furs for
profit, act as a fishing guide, or operate a game farm, stock game fish, or
collect wildlife for research or display, without having in possession the
license, permit, tag, stamp, or ((punchcard)) catch record card
required by chapter 77.32 RCW or rule of the department. The activities
described in this subsection shall be conducted in accordance with rules
adopted pursuant to this title.
(6) For
the purposes of this section, the department shall not consider leg length or bill
length of dusky Canada geese (Branta canadensis occidentalis).
