AN
ACT Relating to fish and wildlife licenses; amending RCW 75.25.092, 75.25.120,
75.25.140, 75.25.190, 77.32.005, 77.32.010, 77.32.014, 77.32.025, 77.32.050,
77.32.070, 77.32.090, 77.32.155, 77.32.235, 77.32.240, 77.32.250, 77.32.320,
77.32.350, 77.32.350, 77.32.370, 75.50.100, 75.54.140, 77.44.030, 77.12.810,
77.08.045, 77.12.670, 77.12.690, 77.16.310, 77.21.020, 77.21.030, 77.16.330,
77.12.170, and 77.44.010; reenacting and amending RCW 75.25.080; adding new
sections to chapter 77.32 RCW; creating new sections; recodifying RCW
75.25.080, 75.25.120, 75.25.140, and 75.25.190; repealing RCW 75.25.005,
75.25.091, 75.25.095, 75.25.110, 75.25.130, 75.25.150, 75.25.170, 75.25.180,
75.25.200, 77.32.092, 77.32.101, 77.32.161, 77.32.230, 77.32.340, 77.32.352,
77.32.360, 77.32.390, 77.32.060, 75.08.274, and 75.25.012; prescribing
penalties; providing an effective date; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
75.25.080 and 1993 sp.s. c 17 s 5, 1993 sp.s. c 2 s 42, and 1993 c 201 s 1 are
each reenacted and amended to read as follows:
(1)
The commission shall authorize the director to issue designated harvester
cards to persons of disability. The commission shall adopt rules governing the
conduct of persons of disability who fish and harvest shellfish and their
designated harvesters.
(2)
It is lawful to fish for, take, or possess the personal-use daily bag limit of
shellfish, game fish, or food fish for a disabled person if the
harvester is licensed and has a designated harvester card, and if the
disabled person is ((licensed and)) present on site and in possession of
a ((physical disability permit issued by the director)) combination
fishing license issued under section 19 of this act.
(((2)
An application for a physical disability permit)) (3) A designated
harvester card will be issued to such a licensee upon written application to
the director. The application must be submitted on a department official
form and must be accompanied by a licensed medical doctor's certification of
disability.
(((3)
A person with a physical disability permit)) (4) A person with a
combination fishing license issued under section 19 of this act is not
required to be present at the location where ((another person is digging
razor clams)) the designated harvester is harvesting shellfish for
the disabled person. The ((physical disability permittee)) licensee
is required to be in the direct line of sight of the ((person digging razor
clams)) designated harvester who is harvesting shellfish for him or
her, unless it is not possible to be in a direct line of sight because of a
physical obstruction or other barrier. If such a barrier or obstruction
exists, the ((physical disability permittee)) licensee is
required to be within one-quarter mile of the ((person who is digging razor
clams)) designated harvester who is harvesting shellfish for him or
her.
(5)
Except as provided in subsection (4) of this section, the disabled person needs
to be present and participating in the fishing activity.
Sec.
2. RCW
75.25.092 and 1994 c 255 s 4 are each amended to read as follows:
(1)
A personal use shellfish and seaweed license is required for all persons other
than residents or nonresidents under fifteen years of age to fish for,
take, dig for, or possess seaweed or shellfish ((except crawfish
(Pacifastacus sp.))) for personal use from state waters or offshore waters
including national park beaches.
(2)
The fees for annual personal use shellfish and seaweed licenses are:
(a)
For a resident fifteen years of age or older ((and under seventy years of
age)), ((five)) seven dollars;
(b)
For a ((resident seventy years of age or older)) nonresident fifteen
years of age or older, ((three)) twenty dollars; and
(c)
For a ((nonresident, twenty dollars.
(3)
The fee for a three-consecutive-day personal use shellfish and seaweed license
is)) senior, five dollars.
Sec.
3. RCW
75.25.120 and 1994 c 255 s 6 are each amended to read as follows:
In
concurrent waters of the Columbia river and in Washington coastal territorial
waters from the Oregon-Washington boundary to a point five nautical miles
north, an Oregon angling license comparable to the Washington personal use ((food
fish license or three-consecutive-day personal use food fish)) fishing
license is valid if Oregon recognizes as valid the Washington personal use ((food
fish license or three-consecutive-day personal use food fish)) fishing
license in comparable Oregon waters.
If
Oregon recognizes as valid the Washington personal use ((food fish license
or three-consecutive-day personal use food fish)) fishing license
southward to Cape Falcon in the coastal territorial waters from the
Washington-Oregon boundary and in concurrent waters of the Columbia river then
Washington shall recognize a valid Oregon license comparable to the Washington
personal use ((food fish license or three-consecutive-day personal use food
fish)) fishing license northward to Leadbetter Point.
Oregon
licenses are not valid for the taking of food fish or game fish when
angling in concurrent waters of the Columbia river from the Washington shore.
Sec.
4. RCW
75.25.140 and 1993 sp.s. c 17 s 8 are each amended to read as follows:
(1)
Recreational licenses are not transferable. Upon request of a ((fisheries
patrol)) fish and wildlife officer, ex officio ((fisheries patrol))
fish and wildlife officer, or authorized ((fisheries)) fish
and wildlife employee, a person digging for, fishing for, or possessing
shellfish, (([or])) or seaweed or fishing for or possessing food
fish or game fish for personal use shall exhibit the required
recreational license and write his or her signature for comparison with the
signature on the license. Failure to comply with the request is prima facie
evidence that the person does not have a license or is not the person named on
the license.
(2)
The personal use shellfish and seaweed license shall be visible on the licensee
while harvesting shellfish or seaweed.
Sec.
5. RCW
75.25.190 and 1989 c 305 s 10 are each amended to read as follows:
Catch
record cards necessary for proper management of the state's food fish and
game fish species and shellfish resources shall be administered under rules
adopted by the ((director)) commission and issued at no charge.
Sec.
6. RCW
77.32.005 and 1989 c 305 s 17 are each amended to read as follows:
((For
the purposes of)) The definitions in this section apply throughout
this chapter((:)) unless the context clearly requires otherwise.
((A))
(1) "Resident" means a person who has maintained a
permanent place of abode within this state for at least ninety days immediately
preceding an application for a license, has established by formal evidence an
intent to continue residing within this state, and who is not licensed to hunt
or fish as a resident in another state.
((A))
(2) "Nonresident" means a person who has not fulfilled
the qualifications of a resident.
(3)
"Youth" means a person fifteen years old for fishing and under
sixteen years old for hunting.
(4)
"Senior" means a person seventy years old or older.
(5)
"Food fish" has the same meaning as found in RCW 75.08.011.
(6)
"Shellfish" has the same meaning as found in RCW 75.08.011.
(7)
"Seaweed" has the same meaning as found in RCW 75.08.011.
(8)
"License year" means the period of time for which a recreational
license is valid. The license year begins April 1st, and ends March 31st.
(9)
"Saltwater" means those marine waters seaward of river mouths.
(10)
"Freshwater" means all waters not defined as saltwater including, but
not limited to, rivers upstream of the river mouth, lakes, ponds, and
reservoirs.
(11)
"State waters" means all marine waters and freshwaters within
ordinary high water lines and within the territorial boundaries of the state.
(12)
"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.
Sec.
7. RCW
77.32.010 and 1987 c 506 s 76 are each amended to read as follows:
(1)
Except as otherwise provided in this chapter, a license issued by the director
is required to:
(a)
Hunt for wild animals, except bullfrogs, or wild birds ((or)),
fish ((for game fish)) or harvest shellfish and seaweed, except
smelt, albacore, carp, and crawfish;
(b)
Practice taxidermy for profit;
(c)
Deal in raw furs for profit;
(d)
Act as a fishing guide;
(e)
Operate a game farm;
(f)
Purchase or sell anadromous game fish; or
(g)
Use department-managed lands or facilities as provided by rules adopted
pursuant to this title.
(2)
A permit issued by the director is required to:
(a)
Conduct, hold, or sponsor hunting or fishing contests or competitive field
trials using live wildlife;
(b)
Collect wild animals, wild birds, game fish, food fish, shellfish, or
protected wildlife for research or display; or
(c)
Stock game fish.
(3)
Aquaculture as defined in RCW 15.85.020 is exempt from the requirements of this
section, except when being stocked in public waters under contract with the
department.
Sec.
8. RCW
77.32.014 and 1997 c 58 s 881 are each amended to read as follows:
(1)
Licenses, tags, and stamps issued pursuant to this chapter shall be invalid for
any period in which a person is certified by the department of social and
health services or a court of competent jurisdiction as a person in
noncompliance with a support order ((or residential or visitation order)).
Fish and wildlife ((agents)) officers and ex officio fish
and wildlife ((agents)) officers shall enforce this section
through checks of the department of licensing's computer data base. A listing
on the department of licensing's data base that an individual's license is
currently suspended pursuant to RCW 46.20.291(7) shall be prima facie evidence
that the individual is in noncompliance with a support order ((or
residential or visitation order)). Presentation of a written release
issued by the department of social and health services stating that the person
is in compliance with an order shall serve as prima facie proof of compliance
with a support order((, residential order, or visitation order)).
(2)
It is unlawful to purchase, obtain, or possess a license required by this
chapter during any period in which a license is suspended.
Sec.
9. RCW
77.32.025 and 1996 c 20 s 2 are each amended to read as follows:
Notwithstanding
RCW 77.32.010, the commission may adopt rules designating times and places for
the purposes of family fishing days when licenses and catch record cards are
not required to fish ((for game fish, including steelhead trout)) or
to harvest shellfish.
Sec.
10. RCW
77.32.050 and 1996 c 101 s 8 are each amended to read as follows:
All
recreational licenses, permits, tags, and stamps required by this chapter
and raffle tickets authorized under chapter 77.12 RCW shall be issued under the
authority of the commission. ((The director may authorize department
personnel, county auditors, or other reputable citizens to issue licenses,
permits, tags, stamps, and raffle tickets, and collect the appropriate fees.
The authorized persons shall pay on demand or before the tenth day of the
following month the fees collected and shall make reports as required by the
director.)) The ((director may)) commission shall adopt
rules for ((issuing)) the issuance of recreational licenses,
permits, tags, stamps, and raffle tickets, ((collecting and paying fees, and
making reports)) and for the collection, payment, and handling of
license fees, terms and conditions to govern dealers, and dealers' fees. Fees
retained by dealers shall be uniform throughout the state.
Sec.
11. RCW
77.32.070 and 1995 c 116 s 3 are each amended to read as follows:
Applicants
for a license, permit, tag, or stamp shall furnish the information required by
the director. The ((director)) commission may adopt rules
requiring licensees or permittees to keep records and make reports concerning
the taking of fish, shellfish, and wildlife.
Sec.
12. RCW
77.32.090 and 1996 c 101 s 10 are each amended to read as follows:
The
((director)) commission may adopt rules pertaining to the form,
period of validity, use, possession, and display of licenses, permits, tags,
and stamps required by this chapter and raffle tickets authorized under chapter
77.12 RCW.
NEW
SECTION. Sec. 13. (1)
The commission shall adopt rules to continue funding current enhancement
programs at levels equal to the participation of licensees in each of the
individual enhancement programs. All enhancement funding will continue to be
deposited directly into the individual accounts created for each enhancement.
(2)
In implementing subsection (1) of this section with regard to warm water game
fish, the department shall initially deposit in the warm water game fish
account 6.512 percent of the funds received from the sale of each freshwater
license and each freshwater, saltwater, and shellfish combination license. The
percentage initially established in this subsection shall be adjusted annually
to reflect the actual numbers of license holders fishing for warm water game
fish based on an annual survey of licensed anglers conducted by the department
beginning with the April 1, 2000, to March 31, 2001, license year. The
legislature expects that implementing this subsection will result in annual
deposits of at least one million two hundred fifty thousand dollars into the
warm water game fish account.
NEW
SECTION. Sec. 14. (1) A
big game hunting license is required to hunt for big game. A big game license
allows the holder to hunt for forest grouse and the individual species identified
within a specific big game combination license package. Each big game license
includes one transport tag for each species purchased in that package. A
hunter may not purchase more than one license for each big game species except
as authorized by rule of the commission. The fees for annual big game
combination packages are as follows:
(a)
Big game number 1: Deer, elk, bear, and cougar. The fee for this license is
sixty-six dollars for residents, six hundred sixty dollars for nonresidents,
and thirty-three dollars for youth.
(b)
Big game number 2: Deer and elk. The fee for this license is fifty-six
dollars for residents, five hundred sixty dollars for nonresidents, and
twenty-eight dollars for youth.
(c)
Big game number 3: Deer or elk, bear, and cougar. At the time of purchase,
the holder must identify either deer or elk. The fee for this license is
forty-six dollars for residents, four hundred sixty dollars for nonresidents,
and twenty-three dollars for youth.
(d)
Big game number 4: Deer or elk. At the time of purchase, the holder must
identify either deer or elk. The fee for this license is thirty-six dollars
for residents, three hundred sixty dollars for nonresidents, and eighteen
dollars for youth.
(e)
Big game number 5: Bear and cougar. The fee for this license is twenty
dollars for residents, two hundred dollars for nonresidents, and ten dollars
for youth.
(2)
In the event that the commission authorizes a two animal big game limit, the
fees for the second animal are as follows:
(a)
Elk: The fee is twenty dollars for residents, two hundred dollars for
nonresidents, and ten dollars for youth.
(b)
Deer: The fee is twenty dollars for residents, two hundred dollars for
nonresidents, and ten dollars for youth.
(c)
Bear: The fee is ten dollars for residents, one hundred dollars for
nonresidents, and five dollars for youth.
(d)
Cougar: The fee is ten dollars for residents, one hundred dollars for
nonresidents, and five dollars for youth.
(3)
In the event that the commission authorizes a special permit hunt for goat,
sheep, or moose, the permit fees are as follows:
(a)
Mountain goat: The fee is one hundred dollars for residents, one thousand
dollars for nonresidents, and fifty dollars for youth.
(b)
Sheep: The fee is one hundred dollars for residents, one thousand dollars for
nonresidents, and fifty dollars for youth.
(c)
Moose: The fee is one hundred dollars for residents, one thousand dollars for
nonresidents, and fifty dollars for youth.
Authorization
to hunt the species set out under subsection (3)(a) through (c) of this section
is by special permit identified under RCW 77.32.370.
(4)
The commission may adopt rules to reduce the price of a license or eliminate
the transportation tag requirements concerning bear or cougar when necessary to
meet harvest objectives.
NEW
SECTION. Sec. 15. (1) A
small game hunting license is required to hunt for all wild animals and wild
birds, except big game. The small game license includes one transport tag for
turkey.
(a)
The fee for this license is thirty dollars for residents, one hundred fifty dollars
for nonresidents, and fifteen dollars for youth.
(b)
The fee for this license if purchased in conjunction with a big game
combination license package is sixteen dollars for residents, eighty dollars
for nonresidents, and eight dollars for youth.
(c)
The fee for a three-consecutive-day small game license is fifty dollars for
nonresidents.
(2)
The fee for each additional turkey tag is eighteen dollars for residents, sixty
dollars for nonresidents, and nine dollars for youth.
NEW
SECTION. Sec. 16. (1) A
personal use saltwater, freshwater, combination, temporary, or family fishing
weekend license is required for all persons fifteen years of age or older to
fish for or possess fish taken for personal use from state waters or offshore
waters.
(2)
The fees for annual personal use saltwater, freshwater, or combination licenses
are as follows:
(a)
A combination license allows the holder to fish for or possess fish, shellfish,
and seaweed from state waters or offshore waters. The fee for this license is
thirty-six dollars for residents, seventy-two dollars for nonresidents, and
five dollars for youth.
(b)
A saltwater license allows the holder to fish for or possess fish taken from
saltwater areas. The fee for this license is eighteen dollars for residents,
thirty-six dollars for nonresidents, and five dollars for resident seniors.
(c)
A freshwater license allows the holder to fish for, take, or possess food fish
or game fish species in all freshwater areas. The fee for this license is
twenty dollars for residents, forty dollars for nonresidents, and five dollars
for resident seniors.
(3)
A temporary fishing license is valid for two consecutive days and allows the
holder to fish for or possess fish taken from state waters or offshore waters.
The fee for this temporary fishing license is six dollars for both residents
and nonresidents. This license is not valid on game fish species for an
eight-consecutive-day period beginning on the opening day of the lowland lake
fishing season.
(4)
A family fishing weekend license allows for a maximum of six anglers: One
resident and five youth; two residents and four youth; or one resident, one
nonresident, and four youth. This license allows the holders to fish for or
possess fish taken from state waters or offshore waters. The fee for this
license is twenty dollars. This license is only valid during periods as
specified by rule of the department.
(5)
The commission may adopt rules to create and sell combination licenses for all
hunting and fishing activities at or below a fee equal to the total cost of the
individual license contained within any combination.
Sec.
17. RCW
77.32.155 and 1993 c 85 s 1 are each amended to read as follows:
When
purchasing ((a)) any hunting license, persons under the age of
eighteen shall present certification of completion of a course of instruction
of at least ten hours in the safe handling of firearms, safety, conservation,
and sportsmanship. Beginning January 1, 1995, all persons purchasing ((a))
any hunting license for the first time, if born after January 1, 1972,
shall present such certification.
The
director may establish a program for training persons in the safe handling of
firearms, conservation, and sportsmanship and may cooperate with the National
Rifle Association, organized sportsmen's groups, or other public or private
organizations.
The
director shall prescribe the type of instruction and the qualifications of the
instructors.
Upon
successful completion of the course, a trainee shall receive a hunter education
certificate signed by an authorized instructor. The certificate is evidence of
compliance with this section.
The
director may accept certificates from other states that persons have
successfully completed firearm safety, hunter education, or similar courses as
evidence of compliance with this section.
NEW
SECTION. Sec. 18. All
hunting licenses shall, upon written application, be issued at the reduced rate
of a youth hunting license fee for the following individuals:
(1)
A resident sixty-five years old or older who is an honorably discharged veteran
of the United States armed forces having a service-connected disability;
(2)
Residents who are honorably discharged veterans of the United States armed
forces with a thirty percent or more service-connected disability; and
(3)
An honorably discharged veteran of the United States armed forces who is a
resident and is confined to a wheelchair.
NEW
SECTION. Sec. 19. A
combination fishing license shall, upon written application, be issued at the
reduced rate of five dollars to the following individuals:
(1)
Residents who are honorably discharged veterans of the United States armed
forces with a thirty percent or more service-connected disability;
(2)
A person who is blind;
(3)
A person with a developmental disability as defined in RCW 71A.10.020 with
documentation of the disability certified by a physician licensed to practice
in this state; and
(4)
A person who is physically disabled and confined to a wheelchair.
Sec.
20. RCW
77.32.235 and 1990 c 35 s 4 are each amended to read as follows:
Physically
or mentally ((handicapped)) disabled persons, mentally ill
persons, hospital patients, and senior citizens who are in the care of a
state-licensed or state-operated care facility may fish ((for game fish))
and harvest shellfish during open season without individual licenses or
the payment of individual license fees if such fishing activity is occasional,
is conducted in a group supervised by staff of ((a state-licensed or
state-operated)) the care facility, and the facility holds a group
fishing permit issued by the director. The director shall issue such a permit
upon application by care facility staff.
Sec.
21. RCW
77.32.240 and 1991 sp.s. c 7 s 6 are each amended to read as follows:
A
scientific permit allows the holder to collect for research or display food
fish, game fish, shellfish, and wildlife ((or their)), including
avian nests and eggs as required in RCW 77.32.010, under conditions
prescribed by the director. Before a permit is issued, the applicant shall
demonstrate to the director their qualifications and establish the need for the
permit. The director may require a bond of up to one thousand dollars to ((insure))
ensure compliance with the permit. Permits are valid for the time
specified, unless sooner revoked.
Holders
of permits may exchange specimens with the approval of the director.
A
permit holder who violates this section shall forfeit the permit and bond and
shall not receive a similar permit for one year. The fee for a scientific
permit is twelve dollars.
Sec.
22. RCW
77.32.250 and 1996 c 101 s 12 are each amended to read as follows:
Licenses,
permits, tags, and stamps required by this chapter and raffle tickets
authorized under chapter 77.12 RCW shall not be transferred ((and, unless
otherwise provided in this chapter, are void on January 1st following the year
for which the license, permit, tag, stamp, or raffle ticket was issued)).
Upon request of a fish and wildlife ((agent)) officer
or ex officio fish and wildlife ((agent)) officer, persons
licensed, operating under a permit, or possessing wildlife under the authority
of this chapter shall produce required licenses, permits, tags, stamps, or
raffle tickets for inspection and write their signatures for comparison and in
addition display their wildlife. Failure to comply with the request is prima
facie evidence that the person has no license or is not the person named.
Sec.
23. RCW
77.32.320 and 1997 c 114 s 1 are each amended to read as follows:
(1)
((In addition to a basic hunting license, a separate transport tag is)) The
correct licenses and tags are required to hunt deer, elk, black bear,
cougar, sheep, mountain goat, moose, or wild turkey((. However, a transport
tag may not be required to hunt black bear or cougar when, under conditions set
out under RCW 77.32.340, the commission determines that for the purposes of
achieving harvest management goals for black bear or cougar, that transport
tags shall be available at no cost)) except as provided in section 14 of
this act.
(2)
((A transport tag may only be obtained subsequent to the purchase of a valid
hunting license and must have permanently affixed to it the hunting license
number.
(3)))
Persons who kill deer, elk, bear, cougar, mountain goat, sheep, moose, or wild
turkey shall immediately validate and attach their own transport tag to the
carcass as provided by rule of the director.
(((4)
Transport tags required by this section expire on March 31st following the date
of issuance.))
Sec.
24. RCW
77.32.350 and 1992 c 41 s 1 are each amended to read as follows:
In
addition to a basic hunting license, a supplemental license, permit, or stamp
is required to hunt for quail, partridge, pheasant, or migratory waterfowl, to
hunt with a raptor, or to hunt wild animals with a dog.
(1)
A hound permit is required to hunt wild animals, except rabbits and hares, with
a dog. The fee for this permit is twelve dollars.
(2)
An eastern Washington upland game bird permit is required to hunt for quail,
partridge, and pheasant in eastern Washington. The fee for this permit is ten
dollars.
(3)
A western Washington upland game bird permit is required to hunt for quail,
partridge, and pheasant in western Washington. The fee for this permit is
thirty-five dollars. Western Washington upland game bird permits must contain
numbered spaces for recording the location and date of harvest of each western
Washington pheasant. It is unlawful to harvest a western Washington pheasant
without immediately recording this information on the permit.
(4)
Effective January 1, 1993, the permit shall be available as a season option, a
juvenile full season option, or a two-day option. The fee for this permit is:
(a)
For the full season option, thirty-five dollars;
(b)
For the juvenile full season or the two-day option, twenty dollars.
For
the purposes of this subsection a juvenile is defined as a person under fifteen
years of age upon the opening date of the western Washington pheasant season.
(5)
Western Washington upland game permits are valid for the following number of
pheasants and harvesting pheasants in excess of these numbers requires another
permit:
(a)
A full season permit is valid for no more than ten pheasants;
(b)
A juvenile full season permit is valid for no more than six pheasants;
(c)
A two-day permit is valid for no more than four pheasants.
(6)
A falconry license is required to possess or hunt with a raptor, including
seasons established exclusively for hunting in that manner. The fee for this
license is thirty-six dollars.
(7)
A migratory ((waterfowl)) bird stamp affixed to a ((basic))
hunting license designated by rule of the commission is required for all
persons sixteen years of age or older to hunt migratory ((waterfowl)) birds.
The fee for the stamp for hunters is six dollars for residents and
nonresidents. The fee for the stamp for collectors is six dollars.
(8)
The migratory ((waterfowl)) bird stamp shall be validated by the
signature of the licensee written across the face of the stamp.
(9)
The migratory ((waterfowl)) bird stamps required by this section
expire on March 31st following the date of issuance.
Sec.
25. RCW
77.32.350 and 1998 c ... s 24 (section 24 of this act) are each amended to read
as follows:
In
addition to a ((basic)) small game hunting license, a
supplemental ((license,)) permit((,)) or stamp is required to
hunt for ((quail, partridge,)) western Washington pheasant((,))
or migratory ((waterfowl, to hunt with a raptor, or to hunt wild animals
with a dog)) birds.
(1)
((A hound permit is required to hunt wild animals, except rabbits and hares,
with a dog. The fee for this permit is twelve dollars.
(2)
An eastern Washington upland game bird permit is required to hunt for quail,
partridge, and pheasant in eastern Washington. The fee for this permit is ten
dollars.
(3))) A
western Washington ((upland game bird)) pheasant permit is
required to hunt for ((quail, partridge, and)) pheasant in western
Washington. ((The fee for this permit is thirty-five dollars.))
Western Washington ((upland game bird)) pheasant permits must
contain numbered spaces for recording the location and date of harvest of each
western Washington pheasant. It is unlawful to harvest a western Washington
pheasant without immediately recording this information on the permit.
(((4)
Effective January 1, 1993,)) (2) The permit shall be available as a
season option, a ((juvenile)) youth full season option, or a ((two-day))
three-day option. The fee for this permit is:
(a)
For the resident and nonresident full season option, ((thirty-five))
thirty-six dollars;
(b)
For the ((juvenile)) youth full season ((or the two-day))
option, ((twenty)) eighteen dollars;
(c)
For the three-day option, twenty dollars.
((For
the purposes of this subsection a juvenile is defined as a person under fifteen
years of age upon the opening date of the western Washington pheasant season.
(5)
Western Washington upland game permits are valid for the following number of
pheasants and harvesting pheasants in excess of these numbers requires another
permit:
(a)
A full season permit is valid for no more than ten pheasants;
(b)
A juvenile full season permit is valid for no more than six pheasants;
(c)
A two-day permit is valid for no more than four pheasants.
(6)
A falconry license is required to possess or hunt with a raptor, including
seasons established exclusively for hunting in that manner. The fee for this
license is thirty-six dollars.
(7))) (3)
A migratory bird stamp affixed to a hunting license designated by rule of the
commission is required for all persons sixteen years of age or older to hunt
migratory birds. The fee for the stamp for hunters is six dollars for
residents and nonresidents. The fee for the stamp for collectors is six
dollars.
(((8)))
(4) The migratory bird stamp shall be validated by the signature of the
licensee written across the face of the stamp.
(((9)
The migratory bird stamps required by this section expire on March 31st
following the date of issuance.))
Sec.
26. RCW
77.32.370 and 1991 sp.s. c 7 s 11 are each amended to read as follows:
(1)
A special hunting season permit is required to hunt in each special season
established under chapter 77.12 RCW.
(2)
Persons may apply for special hunting season permits as provided by rule of the
((director)) commission.
(3)
The application fee to ((participate in)) enter the drawing for a
special hunting ((season)) permit is ((three)) five
dollars for residents, fifty dollars for nonresidents, and three dollars for
youth.
Sec.
27. RCW
75.50.100 and 1995 1st sp.s. c 2 s 39 are each amended to read as follows:
The
dedicated regional fisheries enhancement group account is created in the
custody of the state treasurer. Only the commission or the 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)) portion of each recreational
fishing license fee shall be used as provided in section 13 of this act. 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 commission shall adopt rules to implement this section pursuant
to chapter 34.05 RCW.
Sec.
28. RCW
75.54.140 and 1997 c 197 s 1 are each amended to read as follows:
((Beginning January 1, 1994, persons who recreationally fish for
salmon or marine bottomfish in marine area codes 5 through 13 and Lake
Washington and have an annual food fish license shall be assessed an annual
recreational surcharge of ten dollars, in addition to other licensing
requirements. Persons who recreationally fish for salmon or marine bottomfish
in marine area codes 5 through 13 and Lake Washington with a
three-consecutive-day personal use food fish license shall be assessed an
annual recreational surcharge of five dollars. Funds from the surcharge)) As
provided in section 13 of this act, a portion of each saltwater and combination
fishing license fee shall be deposited in the recreational fisheries
enhancement account created in RCW 75.54.150((, except that the first five
hundred thousand dollars shall be deposited in the general fund before June 30,
1995, to repay the appropriation made by section 104, chapter 2, Laws of 1993
sp. sess)).
Sec.
29. RCW
77.44.030 and 1996 c 222 s 3 are each amended to read as follows:
(1)
((A warm water game fish surcharge allows a person to fish throughout the
state for)) As provided in section 13 of this act, a portion of each
freshwater and combination fishing license fee shall be deposited into the
warm water game fish account.
(2)
((The annual fee for a game fish surcharge is five dollars and the surcharge
is required in addition to an annual game fishing license, except for those
persons under fifteen years of age for which there is no charge. Holders of
three-day resident fishing licenses, three-day nonresident fishing licenses,
and nonresident annual fishing licenses shall pay a five-dollar surcharge to
fish for warm water fish.
(3))) The
department shall use the most cost-effective format in designing and
administering the warm water game fish surcharge.
(((4)))
(3) A warm water game fish ((surcharge)) account shall ((only))
be ((required to fish)) used for((:)) enhancement of largemouth
bass, smallmouth bass, walleye, black crappie, white crappie, channel catfish,
and tiger musky.
Sec.
30. RCW
77.12.810 and 1997 c 422 s 4 are each amended to read as follows:
((Beginning September 1, 1997, a person who hunts for pheasant
in eastern Washington must pay an annual surcharge of ten dollars, in addition
to other licensing requirements. Funds from the surcharge must be)) As
provided in section 13 of this act, a portion of each small game hunting
license fee shall be deposited in the eastern Washington pheasant
enhancement account created in RCW 77.12.820.
Sec.
31. RCW
77.08.045 and 1987 c 506 s 12 are each amended to read as follows:
As
used in this title or rules adopted pursuant to this title:
(1)
"Migratory waterfowl" means members of the family Anatidae, including
brants, ducks, geese, and swans;
(2)
"Migratory bird" means migratory waterfowl and coots, snipe,
doves, and band-tailed pigeon;
(3)
"Migratory ((waterfowl)) bird stamp" means the stamp
that is required by RCW 77.32.350 to be in the possession of all persons
((over sixteen years of age)) to hunt migratory ((waterfowl)) birds;
(((3)))
(4) "Prints and artwork" means replicas of the original stamp
design that are sold to the general public. Prints and artwork are not to be
construed to be the migratory ((waterfowl)) bird stamp that is
required by RCW 77.32.350. Artwork may be any facsimile of the original stamp
design, including color renditions, metal duplications, or any other kind of
design; and
(((4)))
(5) "Migratory waterfowl art committee" means the committee
created by RCW 77.12.680. The committee's primary function is to select the
annual migratory ((waterfowl)) bird stamp design.
Sec.
32. RCW
77.12.670 and 1987 c 506 s 53 are each amended to read as follows:
(1)
The migratory ((waterfowl)) bird stamp to be produced by the
department shall use the design as provided by the migratory waterfowl art
committee.
(2)
All revenue derived from the sale of the stamps by the department to any
person hunting waterfowl or to any stamp collector shall be deposited in
the state wildlife fund and shall be used only for that portion of the
cost of printing and production of the stamps for migratory waterfowl
hunters as determined by subsection (4) of this section, and for those
migratory waterfowl projects specified by the director of the department for
the acquisition and development of migratory waterfowl habitat in the state and
for the enhancement, protection, and propagation of migratory waterfowl in the
state.
(3)
All revenue derived from the sale of the stamp by the department to persons
hunting solely nonwaterfowl migratory birds shall be deposited in the state
wildlife fund and shall be used only for that portion of the cost of printing
and production of the stamps for nonwaterfowl migratory bird hunters as
determined by subsection (4) of this section, and for those nonwaterfowl
migratory bird projects specified by the director for the acquisition and
development of nonwaterfowl migratory bird habitat in the state and for the
enhancement, protection, and propagation of nonwaterfowl migratory birds in the
state.
(4)
With regard to the revenue from stamp sales that is not the result of sales to
stamp collectors, the department shall determine the proportion of migratory
waterfowl hunters and solely nonwaterfowl migratory bird hunters by using the
yearly migratory bird hunter harvest information program survey results or, in
the event that these results are not available, other similar survey results.
A two-year average of the most recent survey results shall be used to determine
the proportion of the revenue attributed to migratory waterfowl hunters and the
proportion attributed to solely nonwaterfowl migratory bird hunters for each
fiscal year. For fiscal year 1998-99 and for fiscal year 1999-2000, ninety-six
percent of the stamp revenue shall be attributed to migratory waterfowl hunters
and four percent of the stamp revenue shall be attributed to solely
nonwaterfowl migratory game hunters.
(5)
Acquisition shall include but not be limited to the acceptance of gifts of real
estate or any interest therein or the rental, lease, or purchase of real estate
or any interest therein. If the department acquires any fee interest,
leasehold, or rental interest in real property under this section, it shall
allow the general public reasonable access to that property and shall, if
appropriate, insure that the deed or other instrument creating the interest
allows such access to the general public. If the department obtains a covenant
in real property in its favor or an easement or any other interest in real
property under this section, it shall exercise its best efforts to insure that
the deed or other instrument creating the interest grants to the general public
in the form of a covenant running with the land reasonable access to the
property. The private landowner from whom the department obtains such a
covenant or easement shall retain the right of granting access to the lands by
written permission.
(6)
The department may produce migratory ((waterfowl)) bird stamps in
any given year in excess of those necessary for sale in that year. The excess
stamps may be sold to the migratory waterfowl art committee for sale to the
public.
Sec.
33. RCW
77.12.690 and 1987 c 506 s 55 are each amended to read as follows:
The
migratory waterfowl art committee is responsible for the selection of the
annual migratory ((waterfowl)) bird stamp design and shall
provide the design to the department. If the committee does not perform this
duty within the time frame necessary to achieve proper and timely distribution
of the stamps to license dealers, the director shall initiate the art work
selection for that year. The committee shall create collector art prints and
related artwork, utilizing the same design as provided to the department. The
administration, sale, distribution, and other matters relating to the prints
and sales of stamps with prints and related artwork shall be the responsibility
of the migratory waterfowl art committee.
The
total amount brought in from the sale of prints and related artwork shall be
deposited in the state wildlife fund. The costs of producing and marketing of
prints and related artwork, including administrative expenses mutually agreed
upon by the committee and the director, shall be paid out of the total amount
brought in from sales of those same items. Net funds derived from the sale of
prints and related artwork shall be used by the director to contract with one
or more appropriate individuals or nonprofit organizations for the development
of waterfowl propagation projects within Washington which specifically provide
waterfowl for the Pacific flyway. The department shall not contract with any
individual or organization that obtains compensation for allowing waterfowl
hunting except if the individual or organization does not permit hunting for
compensation on the subject property.
The
migratory waterfowl art committee shall have an annual audit of its finances
conducted by the state auditor and shall furnish a copy of the audit to the
commission and to the natural resources committees of the house and senate.
*Sec.
34.
RCW 77.16.310 and 1981 c 310 s 4 are each amended to read as follows:
It
is unlawful to purchase, obtain, or possess or to attempt to purchase or obtain
a license, permit, stamp, or tag required by this title:
(1)
By using false information; or
(2)
After notice of the revocation or forfeiture of an existing license, permit, or
tag, except that a person may purchase a license that does not grant the
privilege that was revoked; or
(3)
In excess of one license, permit, tag, stamp, or punchcard for a license year
except as authorized by RCW 77.32.256, section 14 of this act, or other
law or rule of the commission.
*Sec. 34 was vetoed. See message at end of chapter.
Sec.
35. RCW
77.21.020 and 1987 c 506 s 70 are each amended to read as follows:
In
addition to other penalties provided by law, the director shall revoke ((the))
all hunting licenses of a person who is convicted of a violation
of RCW 77.16.020 involving big game or RCW 77.16.050. Forfeiture of bail twice
during a five-year period for these violations constitutes the basis for a
revocation under this section.
((A))
No hunting license ((shall not)) may be issued to the
person for two years from the revocation.
A
person who has had a license revoked or has been denied issuance pursuant to
this section or RCW 77.21.030, may appeal the decision as provided in chapter
34.05 RCW.
Sec.
36. RCW
77.21.030 and 1987 c 506 s 71 are each amended to read as follows:
The
director shall revoke ((the)) all hunting licenses of a
person who shoots another person or domestic livestock while hunting. A
hunting license shall not be issued to that person unless the director
authorizes the issuance of a license, and damages caused by the wrongful
shooting have been paid.
*Sec.
37.
RCW 77.16.330 and 1987 c 506 s 104 are each amended to read as follows:
It
is unlawful for any person ((sixteen years of age or older)) to hunt any
migratory ((waterfowl)) bird without first obtaining a migratory
((waterfowl)) bird stamp as required by RCW 77.32.350.
*Sec. 37 was vetoed. See message at end of chapter.
Sec.
38. RCW
77.12.170 and 1996 c 101 s 7 are each amended to read as follows:
(1)
There is established in the state treasury the state wildlife fund which
consists of moneys received from:
(a)
Rentals or concessions of the department;
(b)
The sale of real or personal property held for department purposes;
(c)
The sale of licenses, permits, tags, stamps, and punchcards required by this
title, except annual resident adult saltwater and all shellfish licenses,
which shall be deposited into the state general fund;
(d)
Fees for informational materials published by the department;
(e)
Fees for personalized vehicle license plates as provided in chapter 46.16 RCW;
(f)
Articles or wildlife sold by the director under this title;
(g)
Compensation for wildlife losses or gifts or grants received under RCW
77.12.320;
(h)
Excise tax on anadromous game fish collected under chapter 82.27 RCW;
(i)
The sale of personal property seized by the department for wildlife violations;
and
(j)
The department's share of revenues from auctions and raffles authorized by the
commission.
(2)
State and county officers receiving any moneys listed in subsection (1) of this
section shall deposit them in the state treasury to be credited to the state
wildlife fund.
Sec.
39. RCW
77.44.010 and 1996 c 222 s 1 are each amended to read as follows:
A
warm water game fish enhancement program is created in the department ((to
be funded from the sale of a warm water game fish surcharge)). The
enhancement program shall be designed to increase the opportunities to fish for
and catch warm water game fish including: Largemouth black bass, smallmouth
black bass, channel catfish, black crappie, white crappie, walleye, and tiger
musky. The program shall be designed to use a practical applied approach to
increasing warm water fishing. The department shall use the funds available
efficiently to assure the greatest increase in the fishing for warm water fish
at the lowest cost. This approach shall involve the minimization of overhead
and administrative costs and the maximization of productive in-the-field activities.
NEW
SECTION. Sec. 40. The
department of fish and wildlife has the authority to sell fifteen-month
prorated shellfish, fish, and small game licenses to accommodate the change in
license year, as defined in RCW 77.32.005. This authority only applies to the
period beginning January 1, 1999, and ending April 1, 2000.
NEW
SECTION. Sec. 41. In
order to simplify fishing license requirements in transition areas between
saltwater and freshwater, the commission may adopt rules designating specific
waters where either a freshwater or a saltwater license is valid.
NEW
SECTION. Sec. 42. RCW
75.25.080, 75.25.120, 75.25.140, and 75.25.190 are each recodified as new
sections in chapter 77.32 RCW.
NEW
SECTION. Sec. 43. As
provided in RCW 77.12.170(1)(c), all recreational license fees deposited into
the general fund shall be appropriated for the management, enhancement,
research, and enforcement of shellfish and saltwater programs of the
department.
NEW
SECTION. Sec. 44. The
following acts or parts of acts are each repealed:
(1) RCW
75.25.005 and 1993 sp.s. c 17 s 4, 1993 sp.s. c 2 s 41, &
1989 c 305 s 1;
(2) RCW
75.25.091 and 1994 c 255 s 3 & 1993 sp.s. c 17 s 2;
(3) RCW
75.25.095 and 1996 c 20 s 1, 1995 1st sp.s. c 2 s 31, & 1990
c 34 s 2;
(4) RCW
75.25.110 and 1994 c 255 s 5, 1993 sp.s. c 17 s 6, 1989 c 305 s
8, 1987 c 87 s 3, 1983 1st ex.s. c 46 s 95, & 1977 ex.s. c 327 s 13;
(5) RCW
75.25.130 and 1989 c 305 s 11, 1987 c 87 s 6, 1984 c 80 s 7, 1983
1st ex.s. c 46 s 97, & 1977 ex.s. c 327 s 12;
(6) RCW
75.25.150 and 1994 c 255 s 7, 1993 sp.s. c 17 s 9, 1989 c 305 s
13, 1984 c 80 s 9, & 1983 1st ex.s. c 46 s 99;
(7) RCW
75.25.170 and 1993 sp.s. c 2 s 43, 1989 c 305 s 16, & 1987 c
87 s 9;
(8) RCW
75.25.180 and 1994 c 255 s 8;
(9) RCW
75.25.200 and 1990 c 35 s 2;
(10) RCW
77.32.092 and 1994 c 255 s 1;
(11) RCW
77.32.101 and 1997 c 395 s 1, 1994 c 255 s 11, 1991 sp.s. c 7 s
1, 1985 c 464 s 2, 1981 c 310 s 20, 1980 c 78 s 110, & 1975 1st ex.s. c 15
s 20;
(12) RCW
77.32.161 and 1994 c 255 s 10, 1991 sp.s. c 7 s 2, 1985 c 464 s
3, 1981 c 310 s 22, 1980 c 78 s 112, & 1975 1st ex.s. c 15 s 27;
(13) RCW
77.32.230 and 1996 c 101 s 11, 1994 c 255 s 12, 1991 sp.s. c 7 s
5, 1988 c 176 s 914, 1987 c 506 s 85, 1985 c 464 s 6, 1985 c 182 s 2, 1983 c
280 s 1, 1981 c 310 s 27, 1980 c 78 s 117, 1973 1st ex.s. c 58 s 1, 1961 c 94 s
2, 1959 c 245 s 2, & 1955 c 36 s 77.32.230;
(14) RCW
77.32.340 and 1997 c 114 s 2, 1991 sp.s. c 7 s 8, 1990 c 84 s 5,
1985 c 464 s 8, 1984 c 240 s 5, & 1981 c 310 s 11;
(15) RCW
77.32.352 and 1995 c 59 s 1;
(16) RCW
77.32.360 and 1996 c 234 s 1, 1995 c 116 s 7, 1991 sp.s. c 7 s
10, 1990 c 84 s 7, 1987 c 506 s 88, 1985 c 464 s 10, & 1981 c 310 s 13; and
(17) RCW
77.32.390 and 1989 c 153 s 1.
NEW
SECTION. Sec. 45. RCW
77.32.060 and 1996 c 101 s 9, 1995 c 116 s 2, 1987 c 506 s 78,
1985 c 464 s 1, 1981 c 310 s 17, 1980 c 78 s 107, 1979 ex.s. c 3 s 3, 1970
ex.s. c 29 s 2, 1957 c 176 s 2, & 1955 c 36 s 77.32.060 are each repealed.
NEW
SECTION. Sec. 46. The
following acts or parts of acts are each repealed effective April 1, 1999:
(1) RCW
75.08.274 and 1995 1st sp.s. c 2 s 15, 1983 1st ex.s. c 46 s 28,
1971 c 35 s 1, & 1955 c 12 s 75.16.010; and
(2) RCW
75.25.012 and 1997 c 58 s 880.
NEW
SECTION. Sec. 47.
Sections 13 through 16, 18, 19, and 43 of this act are each added to chapter
77.32 RCW.
NEW
SECTION. Sec. 48.
Sections 1 through 9, 11 through 23, 25 through 30, 34 through 36, 38 through
42, and 44 of this act take effect January 1, 1999.
NEW
SECTION. Sec. 49.
Sections 10, 24, 31 through 33, 37, 43, and 45 of this act are necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and take effect
immediately.
NEW
SECTION. Sec. 50. If
specific funding for the purposes of this act, referencing this act by bill or
chapter number, is not provided by June 30, 1998, in the omnibus appropriations
act, this act is null and void.
