AN ACT Relating to the
role of the state commission on fish and wildlife as recommended by the
commission on fish and wildlife; amending RCW 77.04.040, 77.04.055, 77.04.080,
75.08.011, 75.08.025, 75.08.055, 75.08.058, 75.08.070, 75.08.080, 75.08.090,
75.08.110, 75.08.120, 75.08.274, 75.08.285, 75.08.295, 75.08.460, 75.40.020,
75.40.040, 75.40.060, 75.08.014, 75.08.040, 75.08.045, 75.12.010, 75.12.015,
75.20.110, 75.24.030, 75.24.100, 75.24.130, 75.25.095, 75.30.060, 75.50.010,
75.50.020, 75.50.030, 75.50.040, 75.50.050, 75.50.070, 75.50.110, 75.50.130,
75.52.050, and 77.16.135; reenacting and amending RCW 43.17.020 and 75.50.100;
creating new sections; providing an effective date; and providing for
submission of this act to a vote of the people.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. The legislature supports
the recommendations of the state fish and wildlife commission with regard to
the commission's responsibilities in the merged department of fish and
wildlife. It is the intent of the legislature that, beginning July 1, 1996,
the commission assume regulatory authority for food fish and shellfish in
addition to its existing authority for game fish and wildlife. It is also the
intent of the legislature to provide to the commission the authority to review
and approve department agreements, to review and approve the department's
budget proposals, to adopt rules for the department, and to select commission
staff and the director of the department.
The legislature finds
that all fish, shellfish, and wildlife species should be managed under a single
comprehensive set of goals, policies, and objectives, and that the
decision-making authority should rest with the fish and wildlife commission.
The commission acts in an open and deliberative process that encourages public
involvement and increases public confidence in department decision-making.
Sec. 2. RCW 43.17.020 and 1993
sp.s. c 2 s 17, 1993 c 472 s 18, and 1993 c 280 s 19 are each reenacted and
amended to read as follows:
There shall be a chief
executive officer of each department to be known as: (1) The secretary of
social and health services, (2) the director of ecology, (3) the director of
labor and industries, (4) the director of agriculture, (5) the director of fish
and wildlife, (6) the secretary of transportation, (7) the director of
licensing, (8) the director of general administration, (9) the director of
community, trade, and economic development, (10) the director of veterans
affairs, (11) the director of revenue, (12) the director of retirement systems,
(13) the secretary of corrections, and (14) the secretary of health, and (15)
the director of financial institutions.
Such officers, except
the secretary of transportation and the director of fish and wildlife,
shall be appointed by the governor, with the consent of the senate, and hold
office at the pleasure of the governor. The secretary of transportation shall
be appointed by the transportation commission as prescribed by RCW 47.01.041. The
director of fish and wildlife shall be appointed by the fish and wildlife
commission as prescribed by RCW 77.04.055.
Sec. 3. RCW 77.04.040 and 1993
sp.s. c 2 s 61 are each amended to read as follows:
Persons eligible for
appointment as members of the commission shall have general knowledge of the
habits and distribution of ((game)) fish and wildlife and shall not hold
another state, county, or municipal elective or appointive office. In making
these appointments, the governor shall seek to maintain a balance reflecting
all aspects of ((game)) fish and wildlife, including representation
recommended by organized groups representing sportfishers, commercial fishers,
hunters, private landowners, and environmentalists. Persons eligible for
appointment as fish and wildlife commissioners shall ((not have a
monetary interest in any private business that is involved with consumptive or
nonconsumptive use of game fish or wildlife)) comply with the provisions
of chapters 42.52 and 42.17 RCW.
Sec. 4. RCW 77.04.055 and 1993
sp.s. c 2 s 62 are each amended to read as follows:
(1) In establishing
policies to preserve, protect, and perpetuate wildlife, ((game)) fish,
and wildlife and ((game)) fish habitat, the commission shall meet
annually with the governor to:
(a) Review and
prescribe basic goals and objectives related to those policies; and
(b) Review the performance
of the department in implementing ((game)) fish and wildlife policies.
The commission shall
maximize ((game fish)) fishing, hunting, and outdoor recreational
opportunities compatible with healthy and diverse fish and wildlife
populations.
(2) The commission
shall establish hunting, trapping, and fishing seasons and prescribe the time,
place, manner, and methods that may be used to harvest or enjoy game fish and
wildlife.
(3) The commission
shall establish provisions regulating food fish and shellfish as provided in
RCW 75.08.080.
(4) The commission
shall have final approval authority for tribal, interstate, international, and
any other department agreements relating to fish and wildlife.
(5) The commission
shall adopt rules to implement the state's fish and wildlife laws.
(6) The commission
shall have final approval authority for the department's budget proposals.
(7) The commission
shall select its own staff and shall appoint the director of the department.
The director and commission staff shall serve at the pleasure of the
commission.
Sec. 5. RCW 77.04.080 and 1993
sp.s. c 2 s 64 are each amended to read as follows:
Persons eligible for
appointment ((by the governor)) as director shall have practical knowledge
of the habits and distribution of fish and wildlife. ((The governor shall
seek recommendations from the commission on the qualifications, skills, and
experience necessary to discharge the duties of the position. When considering
and selecting the director, the governor shall consult with and be advised by
the commission.)) The director shall receive the salary fixed by the
governor under RCW 43.03.040.
The director is the ex
officio secretary of the commission and shall attend its meetings and keep a
record of its business.
The director may
appoint and employ necessary departmental personnel. The director may delegate
to department personnel the duties and powers necessary for efficient operation
and administration of the department. ((The department shall provide staff
for the commission.))
Sec. 6. RCW 75.08.011 and 1994 c
255 s 2 are each amended to read as follows:
As used in this title
or rules of the director, unless the context clearly requires otherwise:
(1) "Commission"
means the fish and wildlife commission.
(2)
"Director" means the director of fish and wildlife.
(((2))) (3)
"Department" means the department of fish and wildlife.
(((3))) (4)
"Person" means an individual or a public or private entity or organization.
The term "person" includes local, state, and federal government
agencies, and all business organizations, including corporations and
partnerships.
(((4))) (5)
"Fisheries patrol officer" means a person appointed and commissioned
by the ((director)) commission, with authority to enforce this
title, rules of the director, and other statutes as prescribed by the
legislature. Fisheries patrol officers are peace officers.
(((5))) (6)
"Ex officio fisheries patrol officer" means a commissioned officer of
a municipal, county, state, or federal agency having as its primary function
the enforcement of criminal laws in general, while the officer is in the
appropriate jurisdiction. The term "ex officio fisheries patrol
officer" also includes wildlife agents, special agents of the national
marine fisheries service, United States fish and wildlife special agents, state
parks commissioned officers, department of natural resources enforcement
officers, and United States forest service officers, while the agents and
officers are within their respective jurisdictions.
(((6))) (7)
"To fish," "to harvest," and "to take" and their
derivatives mean an effort to kill, injure, harass, or catch food fish or
shellfish.
(((7))) (8)
"State waters" means all marine waters and fresh waters within
ordinary high water lines and within the territorial boundaries of the state.
(((8))) (9)
"Offshore waters" means marine waters of the Pacific Ocean outside
the territorial boundaries of the state, including the marine waters of other
states and countries.
(((9))) (10)
"Concurrent waters of the Columbia river" means those waters of the
Columbia river that coincide with the Washington-Oregon state boundary.
(((10))) (11)
"Resident" means a person who has maintained a permanent place of
abode within the state for at least ninety days immediately preceding an
application for a license, has established by formal evidence an intent to
continue residing within the state, and who is not licensed to hunt or fish as
a resident in another state.
(((11))) (12)
"Nonresident" means a person who has not fulfilled the qualifications
of a resident.
(((12))) (13)
"Food fish" means those species of the classes Osteichthyes, Agnatha,
and Chondrichthyes that have been classified and that shall not be fished for
except as authorized by rule of the ((director)) commission. The
term "food fish" includes all stages of development and the bodily
parts of food fish species.
(((13))) (14)
"Shellfish" means those species of marine and freshwater
invertebrates that have been classified and that shall not be taken except as
authorized by rule of the ((director)) commission. The term
"shellfish" includes all stages of development and the bodily parts
of shellfish species.
(((14))) (15)
"Salmon" means all species of the genus Oncorhynchus, except those
classified as game fish in Title 77 RCW, and includes:
Scientific
Name Common Name
Oncorhynchus tshawytscha Chinook salmon
Oncorhynchus kisutch Coho salmon
Oncorhynchus keta Chum salmon
Oncorhynchus gorbuscha Pink salmon
Oncorhynchus
nerka Sockeye salmon
(((15))) (16)
"Commercial" means related to or connected with buying, selling, or
bartering. Fishing for food fish or shellfish with gear unlawful for fishing
for personal use, or possessing food fish or shellfish in excess of the limits
permitted for personal use are commercial activities.
(((16))) (17)
"To process" and its derivatives mean preparing or preserving food
fish or shellfish.
(((17))) (18)
"Personal use" means for the private use of the individual taking the
food fish or shellfish and not for sale or barter.
(((18))) (19)
"Angling gear" means a line attached to a rod and reel capable of
being held in hand while landing the fish or a hand-held line operated without
rod or reel.
(((19))) (20)
"Open season" means those times, manners of taking, and places or
waters established by rule of the ((director)) commission for the
lawful fishing, taking, or possession of food fish or shellfish. "Open
season" includes the first and last days of the established time.
(((20))) (21)
"Fishery" means the taking of one or more particular species of food
fish or shellfish with particular gear in a particular geographical area.
(((21))) (22)
"Limited-entry license" means a license subject to a license
limitation program established in chapter 75.30 RCW.
(((22))) (23)
"Seaweed" means marine aquatic plant species that are dependent upon
the marine aquatic or tidal environment, and exist in either an attached or
free floating form, and includes but is not limited to marine aquatic plants in
the classes Chlorophyta, Phaeophyta, and Rhodophyta.
Sec. 7. RCW 75.08.025 and 1983
1st ex.s. c 46 s 8 are each amended to read as follows:
The ((director))
commission may negotiate agreements with the United States department of
defense to coordinate fishing in state waters over which the department of
defense has assumed control.
Sec. 8. RCW 75.08.055 and 1993
sp.s. c 2 s 23 are each amended to read as follows:
(1) The ((director))
commission may enter into agreements with and receive funds from the
United States for the construction, maintenance, and operation of fish cultural
stations, laboratories, and devices in the Columbia River basin for improvement
of feeding and spawning conditions for fish, for the protection of migratory
fish from irrigation projects and for facilitating free migration of fish over
obstructions.
(2) The ((director))
commission and the department may acquire by gift, purchase, lease,
easement, or condemnation the use of lands where the construction or
improvement is to be carried on by the United States.
Sec. 9. RCW 75.08.058 and 1993
sp.s. c 2 s 99 are each amended to read as follows:
The ((department))
commission may adopt rules pertaining to harvest of fish and wildlife in
the federal exclusive economic zone by vessels or individuals registered or
licensed under the laws of this state.
Sec. 10. RCW 75.08.070 and 1989 c
130 s 1 are each amended to read as follows:
Consistent with federal
law, the ((director's)) commission's authority extends to all
areas and waters within the territorial boundaries of the state, to the
offshore waters, and to the concurrent waters of the Columbia river.
Consistent with federal
law, the ((director's)) commission's authority extends to fishing
in offshore waters by residents of this state.
The ((director))
commission may adopt rules consistent with the regulations adopted by
the United States department of commerce for the offshore waters. The ((director))
commission may adopt rules consistent with the recommendations or
regulations of the Pacific marine fisheries commission, Columbia river compact,
the Pacific salmon commission as provided in chapter 75.40 RCW, or the
international Pacific halibut commission.
Sec. 11. RCW 75.08.080 and 1993 c
117 s 1 are each amended to read as follows:
(1) The ((director))
commission may adopt, amend, or repeal rules as follows:
(a) Specifying the
times when the taking of food fish or shellfish is lawful or unlawful.
(b) Specifying the
areas and waters in which the taking and possession of food fish or shellfish
is lawful or unlawful.
(c) Specifying and
defining the gear, appliances, or other equipment and methods that may be used
to take food fish or shellfish, and specifying the times, places, and manner in
which the equipment may be used or possessed.
(d) Regulating the
possession, disposal, landing, and sale of food fish or shellfish within the
state, whether acquired within or without the state.
(e) Regulating the
prevention and suppression of diseases and pests affecting food fish or
shellfish.
(f) Regulating the
size, sex, species, and quantities of food fish or shellfish that may be taken,
possessed, sold, or disposed of.
(g) Specifying the
statistical and biological reports required from fishermen, dealers,
boathouses, or processors of food fish or shellfish.
(h) Classifying species
of marine and freshwater life as food fish or shellfish.
(i) Classifying the
species of food fish and shellfish that may be used for purposes other than
human consumption.
(j) Other rules
necessary to carry out this title and the purposes and duties of the
department.
(2) Subsections (1)(a),
(b), (c), (d), and (f) of this section do not apply to private tideland owners
and lessees and the immediate family members of the owners or lessees of state
tidelands, when they take or possess oysters, clams, cockles, borers, or
mussels, excluding razor clams, produced on their own private tidelands or
their leased state tidelands for personal use.
"Immediate family
member" for the purposes of this section means a spouse, brother, sister,
grandparent, parent, child, or grandchild.
(3) Except for
subsection (1)(g) of this section, this section does not apply to private
sector cultured aquatic products as defined in RCW 15.85.020. Subsection
(1)(g) of this section does apply to such products.
Sec. 12. RCW 75.08.090 and 1983
1st ex.s. c 46 s 16 are each amended to read as follows:
(1) Rules of the ((director))
commission shall be adopted by the ((director)) commission
or a designee in accordance with chapter 34.05 RCW.
(2) Rules of the ((director))
commission shall be admitted as evidence in the courts of the state when
accompanied by an affidavit from the ((director)) commission or a
designee certifying that the rule has been lawfully adopted and the affidavit
is prima facie evidence of the adoption of the rule.
(3) The ((director))
commission may designate department employees to act on the ((director's))
commission's behalf in the adoption and certification of rules.
Sec. 13. RCW 75.08.110 and 1983
1st ex.s. c 46 s 17 are each amended to read as follows:
Provisions of this
title or rules of the ((director)) commission shall not be
printed in a pamphlet unless the pamphlet is clearly marked as an unofficial
version. This section does not apply to printings approved by the ((director))
commission.
Sec. 14. RCW 75.08.120 and 1983
1st ex.s. c 46 s 18 are each amended to read as follows:
The ((director))
commission may designate the boundaries of fishing areas by driving
piling or by establishing monuments or by description of landmarks or section
lines and directional headings.
Sec. 15. RCW 75.08.274 and 1983
1st ex.s. c 46 s 28 are each amended to read as follows:
Except by permit of the
((director)) commission, it is unlawful to take food fish or
shellfish for propagation or scientific purposes within state waters.
Sec. 16. RCW 75.08.285 and 1983
1st ex.s. c 46 s 29 are each amended to read as follows:
The ((director))
commission may prohibit the introduction, transportation or
transplanting of food fish, shellfish, organisms, material, or other equipment
which in the ((director's)) commission's judgment may transmit
any disease or pests affecting food fish or shellfish.
Sec. 17. RCW 75.08.295 and 1983
1st ex.s. c 46 s 30 are each amended to read as follows:
Except by permit of the
((director)) commission, it is unlawful to release, plant, or
place food fish or shellfish in state waters.
Sec. 18. RCW 75.08.460 and 1990 c
91 s 2 are each amended to read as follows:
The ((director))
commission shall report to the governor and the appropriate legislative
committees regarding its progress on the recreational fishery enhancement plan
giving the following minimum information:
(1) By July 1, 1990,
and by July 1st each succeeding year a report shall include:
(a) Progress on all
programs within the plan that are referred to as already underway; and
(b) Specific
anticipated needs for additional FTE's, additional capital funds or other
needed resources, including whether or not current budgetary dollars are
sufficient.
(2) By November 1,
1990, and by November 1st each succeeding year a report shall provide the many
specificities omitted from the recreational fishery enhancement plan. They
include but are not limited to the following:
(a) The name of the
person assigned the responsibility and accountability for over-all management
of the recreational fishery enhancement plan.
(b) The name of the
person responsible and accountable for management of each regional program.
(c) The anticipated
yearly costs related to each regional program.
(d) The specific dates
relative to attainment of the recreational fishery enhancement plan goals,
including a time-line program by region.
(e) Criteria used for
measurement of the successful attainment of the recreational fishery
enhancement plan.
Sec. 19. RCW 75.40.020 and 1983
1st ex.s. c 46 s 150 are each amended to read as follows:
The ((director))
commission may give to the state of Oregon such consent and approbation
of the state of Washington as is necessary under the compact set out in RCW
75.40.010. For the purposes of RCW 75.40.010, the states of Washington and
Oregon have concurrent jurisdiction in the concurrent waters of the Columbia
river as defined in RCW 75.08.011.
Sec. 20. RCW 75.40.040 and 1983
1st ex.s. c 46 s 152 are each amended to read as follows:
((The director))
A member selected by or a designee of the fish and wildlife commission,
ex officio, and two appointees of the governor representing the fishing
industry shall act as the representatives of this state on the Pacific Marine
Fisheries Commission. The appointees of the governor are subject to
confirmation by the state senate.
Sec. 21. RCW 75.40.060 and 1989 c
130 s 2 are each amended to read as follows:
The ((director))
commission may adopt and enforce the provisions of the treaty between
the government of the United States and the government of Canada concerning
Pacific salmon, treaty document number 99-2, entered into force March 18, 1985,
at Quebec City, Canada, and the regulations of the commission adopted under
authority of the treaty.
Sec. 22. RCW 75.08.014 and 1993
sp.s. c 2 s 21 are each amended to read as follows:
The director shall
supervise the administration and operation of the department and perform the
duties prescribed by law and delegated by the commission. The director
may appoint and employ necessary personnel. The director may delegate, in
writing, to department personnel the duties and powers necessary for efficient
operation and administration of the department.
Only persons having
general knowledge of the fisheries and wildlife resources and of the commercial
and recreational fishing industry in this state are eligible for appointment as
director. The director shall not have a financial interest in the fishing
industry or a directly related industry.
Sec. 23. RCW 75.08.040 and 1983
1st ex.s. c 46 s 9 are each amended to read as follows:
The ((director))
commission may acquire by gift, easement, purchase, lease, or
condemnation lands, water rights, and rights of way, and construct and maintain
necessary facilities for purposes consistent with this title.
The ((director))
commission may sell, lease, convey, or grant concessions upon real or
personal property under the control of the department.
Sec. 24. RCW 75.08.045 and 1983
1st ex.s. c 46 s 11 are each amended to read as follows:
The ((director))
commission may accept money or real property from persons under
conditions requiring the use of the property or money for the protection,
rehabilitation, preservation, or conservation of the state food fish and
shellfish resources, or in settlement of claims for damages to food fish and
shellfish resources. The ((director)) commission shall only
accept real property useful for the protection, rehabilitation, preservation,
or conservation of these fisheries resources.
Sec. 25. RCW 75.12.010 and 1983
1st ex.s. c 46 s 46 are each amended to read as follows:
(1) Except as provided
in this section, it is unlawful to fish commercially for salmon within the
waters described in subsection (2) of this section.
(2) All waters east and
south of a line commencing at a concrete monument on Angeles Point in Clallam
county near the mouth of the Elwha River on which is inscribed "Angeles
Point Monument" (latitude 48E 9' 3"north, longitude 123E 33' 01" west of Greenwich Meridian); thence
running east on a line 81E 30' true across the flashlight and bell buoy off
Partridge Point and thence continued to longitude 122E 40' west; thence north to the southerly shore of
Sinclair Island; thence along the southerly shore of the island to the most
easterly point of the island; thence 46E true to Carter Point, the most southerly point
of Lummi Island; thence northwesterly along the westerly shore line of Lummi
Island to where the shore line intersects line of longitude 122E 40' west; thence north to the mainland,
including: The southerly portion of Hale Passage, Bellingham Bay, Padilla Bay,
Fidalgo Bay, Guemes Channel, Skagit Bay, Similk Bay, Saratoga Passage, Holmes
Harbor, Possession Sound, Admiralty Inlet, Hood Canal, Puget Sound, and their
inlets, passages, waters, waterways, and tributaries.
(3) The ((director))
commission may authorize commercial fishing for sockeye salmon within
the waters described in subsection (2) of this section during the period June
10 to July 25 and for other salmon from the second Monday of September through
November 30, except during the hours between 4:00 p.m. of Friday and 4:00 p.m.
of the following Sunday.
(4) The ((director))
commission may authorize commercial fishing for salmon with gill net
gear prior to the second Monday in September within the waters of Hale Passage,
Bellingham Bay, Samish Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit
Bay, and Similk Bay, to wit: Those waters northerly and easterly of a line
commencing at Stanwood, thence along the south shore of Skagit Bay to Rocky
Point on Camano Island; thence northerly to Polnell Point on Whidbey Island.
(5) Whenever the ((director))
commission determines that a stock or run of salmon cannot be harvested
in the usual manner, and that the stock or run of salmon may be in danger of
being wasted and surplus to natural or artificial spawning requirements, the ((director))
commission may authorize units of gill net and purse seine gear in any
number or equivalents, by time and area, to fully utilize the harvestable
portions of these salmon runs for the economic well being of the citizens of
this state. Gill net and purse seine gear other than emergency and test gear
authorized by the director shall not be used in Lake Washington.
(6) The ((director))
commission may authorize commercial fishing for pink salmon in each
odd-numbered year from August 1 through September 1 in the waters lying inside
of a line commencing at the most easterly point of Dungeness Spit and thence
projected to Point Partridge on Whidbey Island and a line commencing at Olele
Point and thence projected easterly to Bush Point on Whidbey Island.
Sec. 26. RCW 75.12.015 and 1983
1st ex.s. c 46 s 48 are each amended to read as follows:
Except as provided in
this section, it is unlawful to fish commercially for chinook or coho salmon in
the Pacific Ocean and the Straits of Juan de Fuca.
(1) The ((director))
commission may authorize commercial fishing for coho salmon from June 16
through October 31.
(2) The ((director))
commission may authorize commercial fishing for chinook salmon from
March 15 through October 31.
Sec. 27. RCW 75.20.110 and 1993
sp.s. c 2 s 36 are each amended to read as follows:
(1) Except for the
north fork of the Lewis river and the White Salmon river, all streams and
rivers tributary to the Columbia river downstream from McNary dam are
established as an anadromous fish sanctuary. This sanctuary is created to
preserve and develop the food fish and game fish resources in these streams and
rivers and to protect them against undue industrial encroachment.
(2) Within the
sanctuary area:
(a) It is unlawful to
construct a dam greater than twenty-five feet high within the migration range
of anadromous fish as determined by the ((director)) commission.
(b) Except by order of
the ((director)) commission, it is unlawful to divert water from
rivers and streams in quantities that will reduce the respective stream flow
below the annual average low flow, based upon data published in United States
geological survey reports.
(3) The ((director))
commission may acquire and abate a dam or other obstruction, or acquire
any water right vested on a sanctuary stream or river, which is in conflict
with the provisions of subsection (2) of this section.
(4) Subsection (2)(a)
of this section does not apply to the sediment retention structure to be built
on the North Fork Toutle river by the United States army corps of engineers.
Sec. 28. RCW 75.24.030 and 1983
1st ex.s. c 46 s 79 are each amended to read as follows:
Only upon
recommendation of the ((director)) commission may the state
oyster reserves be sold, leased, or otherwise disposed of by the department of
natural resources.
Sec. 29. RCW 75.24.100 and 1993 c
340 s 51 are each amended to read as follows:
(1) It is unlawful to
take geoduck clams for commercial purposes outside the harvest area designated
in a current department of natural resources geoduck harvesting agreement
issued under RCW 79.96.080. It is unlawful to commercially harvest geoduck
clams from bottoms that are shallower than eighteen feet below mean lower low
water (0.0. ft.), or that lie in an area bounded by the line of ordinary high
tide (mean high tide) and a line two hundred yards seaward from and parallel to
the line of ordinary high tide. This section does not apply to the harvest of
private sector cultured aquatic products as defined in RCW 15.85.020.
(2) Commercial geoduck
harvesting shall be done with a hand-held, manually operated water jet or
suction device guided and controlled from under water by a diver.
Periodically, the ((director)) commission shall determine the
effect of each type or unit of gear upon the geoduck population or the
substrate they inhabit. The ((director)) commission may require
modification of the gear or stop its use if it is being operated in a wasteful
or destructive manner or if its operation may cause permanent damage to the
bottom or adjacent shellfish populations.
Sec. 30. RCW 75.24.130 and 1983
1st ex.s. c 46 s 89 are each amended to read as follows:
The ((director))
commission may examine the clam, mussel, and oyster beds located on
aquatic lands belonging to the state and request the commissioner of public
lands to withdraw these lands from sale and lease for the purpose of
establishing reserves or public beaches. The ((director)) commission
shall conserve, protect, and develop these reserves and the oyster, shrimp,
clam, and mussel beds on state lands.
Sec. 31. RCW 75.25.095 and 1990 c
34 s 2 are each amended to read as follows:
((Notwithstanding
RCW 75.25.090,)) The ((director)) commission may adopt
rules designating times and places for the purposes of family fishing days when
a recreational fishing license is not required to fish for food fish or
shellfish. All other applicable laws and rules shall remain in effect.
Sec. 32. RCW 75.30.060 and 1983
1st ex.s. c 46 s 139 are each amended to read as follows:
A person aggrieved by a
decision of the department under this chapter may request administrative review
under the informal procedure established by this section.
In an informal hearing
before a review board, the rules of evidence do not apply. A record of the
proceeding shall be kept as provided by chapter 34.05 RCW. After hearing the
case the review board shall notify in writing the ((director)) commission
and the initiating party whether the review board agrees or disagrees with the
department's decision and the reasons for the board's findings. Upon receipt
of the board's findings the ((director)) commission may order
such relief as the ((director)) commission deems appropriate
under the circumstances.
Nothing in this
section: (1) Impairs an aggrieved person's right to proceed under chapter
34.05 RCW; or (2) imposes a liability on members of a review board for their
actions under this section.
Sec. 33. RCW 75.50.010 and 1993
sp.s. c 2 s 45 are each amended to read as follows:
Currently, many of the
salmon stocks of Washington state are critically reduced from their sustainable
level. The best interests of all fishing groups and the citizens as a whole
are served by a stable and productive salmon resource. Immediate action is
needed to reverse the severe decline of the resource and to insure its very
survival. The legislature finds a state of emergency exists and that immediate
action is required to restore its fishery.
Disagreement and strife
have dominated the salmon fisheries for many years. Conflicts among the
various fishing interests have only served to erode the resource. It is time
for the state of Washington to make a major commitment to increasing
productivity of the resource and to move forward with an effective
rehabilitation and enhancement program. The ((department)) commission
is directed to dedicate its efforts and the efforts of the department to
seek resolution to the many conflicts that involve the resource.
Success of the
enhancement program can only occur if projects efficiently produce salmon or
restore habitat. The expectation of the program is to optimize the efficient
use of funding on projects that will increase artificially and naturally
produced salmon, restore and improve habitat, or identify ways to increase the
survival of salmon. The full utilization of state resources and cooperative
efforts with interested groups are essential to the success of the program.
Sec. 34. RCW 75.50.020 and 1985 c
458 s 2 are each amended to read as follows:
(1) The ((director))
commission shall develop long-term regional policy statements regarding
the salmon fishery resources before December 1, 1985. The ((director)) commission
shall consider the following in formulating and updating regional policy
statements:
(a) Existing resource
needs;
(b) Potential for
creation of new resources;
(c) Successful existing
programs, both within and outside the state;
(d) Balanced
utilization of natural and hatchery production;
(e) Desires of the
fishing interest;
(f) Need for additional
data or research;
(g) Federal court
orders; and
(h) Salmon advisory
council recommendations.
(2) The ((director))
commission shall review and update each policy statement at least once
each year.
Sec. 35. RCW 75.50.030 and 1985 c
458 s 3 are each amended to read as follows:
(1) The ((director))
commission shall develop a detailed salmon enhancement plan with
proposed enhancement projects. The plan and the regional policy statements
shall be submitted to the secretary of the senate and chief clerk of the house
of representatives for legislative distribution by June 30, 1986. The
enhancement plan and regional policy statements shall be provided by June 30,
1986, to the natural resources committees of the house of representatives and
the senate. The ((director)) commission shall provide a maximum
opportunity for the public to participate in the development of the salmon
enhancement plan. To insure full participation by all interested parties, the
((director)) commission shall solicit and consider enhancement
project proposals from Indian tribes, sports fishermen, commercial fishermen,
private aquaculturists, and other interested groups or individuals for
potential inclusion in the salmon enhancement plan. Joint or cooperative
enhancement projects shall be considered for funding.
(2) The following
criteria shall be used by the ((director)) commission in
formulating the project proposals:
(a) Compatibility with
the long-term policy statement;
(b) Benefit/cost
analysis;
(c) Needs of all
fishing interests;
(d) Compatibility with
regional plans, including harvest management plans;
(e) Likely increase in
resource productivity;
(f) Direct
applicability of any research;
(g) Salmon advisory
council recommendations;
(h) Compatibility with
federal court orders;
(i) Coordination with
the salmon and steelhead advisory commission program;
(j) Economic impact to
the state;
(k) Technical
feasibility; and
(l) Preservation of
native salmon runs.
(3) The ((director))
commission shall not approve projects that serve as replacement funding
for projects that exist prior to May 21, 1985, unless no other sources of funds
are available.
(4) The ((director))
commission shall prioritize various projects and establish a recommended
implementation time schedule.
Sec. 36. RCW 75.50.040 and 1985 c
458 s 4 are each amended to read as follows:
Upon approval by the
legislature of funds for its implementation, the ((director)) commission
shall monitor the progress of projects detailed in the salmon enhancement plan.
The ((director))
commission shall be responsible for establishing criteria which shall be
used to measure the success of each project in the salmon enhancement plan.
Sec. 37. RCW 75.50.050 and 1987 c
505 s 72 are each amended to read as follows:
The ((director))
commission shall report to the legislature on or before October 30th of
each year ((through 1991)) on the progress and performance of each
project. The report shall contain an analysis of the successes and failures of
the program to enable optimum development of the program. The report shall
include estimates of funding levels necessary to operate the projects in future
years.
The ((director))
commission shall submit the reports and any additional recommendations
to the chairs of the committees on ways and means and the committees on natural
resources of the senate and house of representatives.
Sec. 38. RCW 75.50.070 and 1993
sp.s. c 2 s 46 are each amended to read as follows:
The legislature finds
that it is in the best interest of the salmon resource of the state to
encourage the development of regional fisheries enhancement groups. The
accomplishments of one existing group, the Grays Harbor fisheries enhancement
task force, have been widely recognized as being exemplary. The legislature
recognizes the potential benefits to the state that would occur if each region
of the state had a similar group of dedicated citizens working to enhance the
salmon resource.
The legislature
authorizes the formation of regional fisheries enhancement groups. These
groups shall be eligible for state financial support and shall be actively
supported by the commission and the department. The regional groups
shall be operated on a strictly nonprofit basis, and shall seek to maximize the
efforts of volunteer and private donations to improve the salmon resource for
all citizens of the state.
Sec. 39. RCW 75.50.100 and 1993
sp.s. c 17 s 11 and 1993 c 340 s 53 are each reenacted and amended to read as
follows:
The dedicated regional
fisheries enhancement group account is created in the custody of the state
treasurer. Only the ((director)) commission or the ((director's))
commission's designee may authorize expenditures from the account. The
account is subject to allotment procedures under chapter 43.88 RCW, but no
appropriation is required for expenditures.
A surcharge of one
dollar shall be collected on each recreational personal use food fish license
sold in the state. A surcharge of one hundred dollars shall be collected on
each commercial salmon fishery license, each salmon delivery license, and each
salmon charter license sold in the state. The department shall study methods
for collecting and making available, an annual list, including names and
addresses, of all persons who obtain recreational and commercial salmon fishing
licenses. This list may be used to assist formation of the regional fisheries
enhancement groups and allow the broadest participation of license holders in
enhancement efforts. The results of the study shall be reported to the house
of representatives fisheries and wildlife committee and the senate environment
and natural resources committee by October 1, 1990. All receipts shall be
placed in the regional fisheries enhancement group account and shall be used
exclusively for regional fisheries enhancement group projects for the purposes
of RCW 75.50.110. Funds from the regional fisheries enhancement group account
shall not serve as replacement funding for department operated salmon projects
that exist on January 1, 1991.
All revenue from the
department's sale of salmon carcasses and eggs that return to group facilities
shall be deposited in the regional fisheries enhancement group account for use
by the regional fisheries enhancement group that produced the surplus. The ((director))
commission shall adopt rules to implement this section pursuant to
chapter 34.05 RCW.
Sec. 40. RCW 75.50.110 and 1990 c
58 s 4 are each amended to read as follows:
A regional fisheries
enhancement group advisory board is established to make recommendations to the
((director)) commission. The advisory board shall make
recommendations regarding regional enhancement group rearing project proposals
and funding of those proposals. The members shall be appointed by the ((director))
commission and consist of two commercial fishing representatives, two
recreational fishing representatives, and three at-large positions. The
advisory board membership shall include two members serving ex officio to be
nominated, one through the Northwest Indian fisheries commission, and one
through the Columbia river intertribal fish commission.
The department may use
account funds to provide agency assistance to the groups. The level of account
funds used by the department shall be determined by the ((director)) commission
after review and recommendation by the regional fisheries enhancement group
advisory board and shall not exceed twenty percent of annual contributions to
the account.
Sec. 41. RCW 75.50.130 and 1993
sp.s. c 2 s 48 are each amended to read as follows:
The ((director))
commission shall prepare a salmon recovery plan for the Skagit river.
The plan shall include strategies for employing displaced timber workers to
conduct salmon restoration and other tasks identified in the plan. The plan
shall incorporate the best available technology in order to achieve maximum
restoration of depressed salmon stocks. The plan must encourage the
restoration of natural spawning areas and natural rearing of salmon but must
not preclude the development of an active hatchery program.
Sec. 42. RCW 75.52.050 and 1984 c
72 s 5 are each amended to read as follows:
The ((director of
each department)) commission shall establish by rule:
(1) The procedure for
entering a cooperative agreement and the application forms for a permit to
release fish or wildlife required by RCW 75.08.295 or 77.16.150. The procedure
shall indicate the information required from the volunteer group as well as the
process of review by the department. The process of review shall include the
means to coordinate with other agencies and Indian tribes when appropriate and
to coordinate the review of any necessary hydraulic permit approval
applications.
(2) The procedure for
providing within forty-five days of receipt of a proposal a written response to
the volunteer group indicating the date by which an acceptance or rejection of
the proposal can be expected, the reason why the date was selected, and a
written summary of the process of review. The response should also include any
suggested modifications to the proposal which would increase its likelihood of
approval and the date by which such modified proposal could be expected to be
accepted. If the proposal is rejected, the department must provide in writing
the reasons for rejection. The volunteer group may request the director or the
director's designee to review information provided in the response.
(3) The priority of the
uses to which eggs, seed, juveniles, or brood stock are put. Use by
cooperative projects shall be second in priority only to the needs of programs
of the department or of other public agencies within the territorial boundaries
of the state. Sales of eggs, seed, juveniles, or brood stock have a lower
priority than use for cooperative projects.
(4) The procedure for notice
in writing to a volunteer group of cause to revoke the agreement for the
project and the procedure for revocation. Revocation shall be documented in
writing to the volunteer group. Cause for revocation may include: (a) The
unavailability of adequate biological or financial resources; (b) the
development of unacceptable biological or resource management conflicts; or (c)
a violation of agreement provisions. Notice of cause to revoke for a violation
of agreement provisions may specify a reasonable period of time within which
the volunteer group must comply with any violated provisions of the agreement.
(5) An appropriate
method of distributing among volunteer groups fish, bird, or animal food or
other supplies available for the program.
Sec. 43. RCW 77.16.135 and 1993
sp.s. c 2 s 74 are each amended to read as follows:
(1) The ((director))
commission shall revoke all licenses and privileges extended under Title
77 RCW of a person convicted of assault on a state wildlife agent or other law
enforcement officer provided that:
(a) The wildlife agent
or other law enforcement officer was on duty at the time of the assault; and
(b) The wildlife agent
or other law enforcement officer was enforcing the provisions of Title 77 RCW.
(2) For the purposes of
this section, the definition of assault includes:
(a) RCW 9A.32.030;
murder in the first degree;
(b) RCW 9A.32.050;
murder in the second degree;
(c) RCW 9A.32.060;
manslaughter in the first degree;
(d) RCW 9A.32.070;
manslaughter in the second degree;
(e) RCW 9A.36.011;
assault in the first degree;
(f) RCW 9A.36.021;
assault in the second degree; and
(g) RCW 9A.36.031;
assault in the third degree.
(3) For the purposes of
this section, a conviction includes:
(a) A determination of
guilt by the court;
(b) The entering of a
guilty plea to the charge or charges by the accused;
(c) A forfeiture of
bail or a vacation of bail posted to the court; or
(d) The imposition of a
deferred or suspended sentence by the court.
(4) No license
described under Title 77 RCW shall be reissued to a person violating this
section for a minimum of ten years, at which time a person may petition the
director for a reinstatement of his or her license or licenses. The ten-year
period shall be tolled during any time the convicted person is incarcerated in
any state or local correctional or penal institution, in community supervision,
or home detention for an offense under this section. Upon review by the
director, and if all provisions of the court that imposed sentencing have been
completed, the director may reinstate in whole or in part the licenses and
privileges under Title 77 RCW.
NEW SECTION. Sec.
44. By July 1, 1996, the fish
and wildlife commission shall submit to the committees on natural resources of
the house of representatives and the senate a report identifying other
statutory changes necessary for implementation of the commission's recommendations
regarding its responsibilities in the department of fish and wildlife.
NEW SECTION. Sec.
45. Sections 2 through 43 of
this act shall take effect July 1, 1996.
NEW SECTION. Sec.
46. This act shall be
submitted to the people for their adoption and ratification, or rejection, at
the next succeeding general election to be held in this state, in accordance
with Article II, section 1 of the state Constitution, as amended, and the laws
adopted to facilitate the operation thereof.
