AN
ACT Relating to making technical corrections to fish and wildlife statutes;
amending RCW 4.24.350, 43.70.185, 46.09.200, 46.10.200, 69.30.010, 69.30.110,
69.30.140, 70.93.050, 76.04.045, 77.08.010, 77.12.039, 77.12.043, 77.12.045,
77.12.047, 77.12.170, 77.12.177, 77.12.204, 77.12.264, 77.12.320, 77.12.325,
77.12.425, 77.12.455, 77.15.080, 77.15.090, 77.15.094, 77.15.096, 77.15.110,
77.15.150, 77.15.180, 77.15.210, 77.15.250, 77.15.260, 77.15.270, 77.15.290,
77.15.330, 77.15.340, 77.15.370, 77.15.380, 77.15.390, 77.15.400, 77.15.480,
77.15.510, 77.15.550, 77.15.600, 77.15.700, 77.15.730, 77.16.220, 77.32.010,
77.32.014, 77.32.250, 77.32.535, 77.44.070, 77.55.280, 77.55.290, 77.70.010,
77.70.150, 77.70.190, and 79A.60.100; reenacting and amending RCW 77.15.245;
adding new sections to chapter 77.65 RCW; adding new sections to chapter 77.15
RCW; adding new sections to chapter 77.55 RCW; recodifying RCW 77.12.055,
77.65.470, 77.12.425, 77.16.220, and 77.32.220; and repealing RCW 77.12.030,
77.12.040, 77.12.105, 77.12.250, 77.12.295, 77.12.457, 77.12.724, and
77.32.420.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
4.24.350 and 1997 c 206 s 1 are each amended to read as follows:
(1)
In any action for damages, whether based on tort or contract or otherwise, a
claim or counterclaim for damages may be litigated in the principal action for
malicious prosecution on the ground that the action was instituted with
knowledge that the same was false, and unfounded, malicious and without
probable cause in the filing of such action, or that the same was filed as a
part of a conspiracy to misuse judicial process by filing an action known to be
false and unfounded.
(2)
In any action, claim, or counterclaim brought by a judicial officer,
prosecuting authority, or law enforcement officer for malicious prosecution
arising out of the performance or purported performance of the public duty of
such officer, an arrest or seizure of property need not be an element of the
claim, nor do special damages need to be proved. A judicial officer,
prosecuting authority, or law enforcement officer prevailing in such an action
may be allowed an amount up to one thousand dollars as liquidated damages,
together with a reasonable attorneys' fee, and other costs of suit. A
government entity which has provided legal services to the prevailing judicial
officer, prosecuting authority, or law enforcement officer has reimbursement
rights to any award for reasonable attorneys' fees and other costs, but shall
have no such rights to any liquidated damages allowed.
(3)
No action may be brought against an attorney under this section solely because
of that attorney's representation of a party in a lawsuit.
(4)
As used in this section:
(a)
"Judicial officer" means a justice, judge, magistrate, or other
judicial officer of the state or a city, town, or county.
(b)
"Prosecuting authority" means any officer or employee of the state or
a city, town, or county who is authorized by law to initiate a criminal or
civil proceeding on behalf of the public.
(c)
"Law enforcement officer" means a member of the state patrol, a
sheriff or deputy sheriff, or a member of the police force of a city, town,
university, state college, or port district, or a (("wildlife agent"
or "ex officio wildlife agent")) fish and wildlife officer or
ex officio fish and wildlife officer as defined in RCW 77.08.010.
Sec.
2. RCW
43.70.185 and 1995 c 147 s 7 are each amended to read as follows:
(1)
The department may enter and inspect any property, lands, or waters, of this
state in or on which any marine species are located or from which such species
are harvested, whether recreationally or for sale or barter, and any land or
water of this state which may cause or contribute to the pollution of areas in
or on which such species are harvested or processed. The department may take
any reasonably necessary samples to determine whether such species or any lot,
batch, or quantity of such species is safe for human consumption.
(2)
If the department determines that any species or any lot, batch, or other
quantity of such species is unsafe for human consumption because consumption is
likely to cause actual harm or because consumption presents a potential risk of
substantial harm, the department may, by order under chapter 34.05 RCW,
prohibit or restrict the commercial or recreational harvest or landing of any
marine species except the recreational harvest of shellfish as defined in
chapter 69.30 RCW if taken from privately owned tidelands.
(3)
It is unlawful to harvest any marine species in violation of a departmental
order prohibiting or restricting such harvest under this section or to possess
or sell any marine species so harvested.
(4)
Any person who sells any marine species taken in violation of this section is
subject to the penalties provided in RCW 69.30.140 and 69.30.150. Any person
who harvests or possesses marine species taken in violation of this section is
guilty of a civil infraction and is subject to the penalties provided in RCW
69.30.150. Notwithstanding this section, any person who harvests, possesses,
sells, offers to sell, culls, shucks, or packs shellfish is subject to the
penalty provisions of chapter 69.30 RCW. Charges shall not be brought against
a person under both chapter 69.30 RCW and this section in connection with this
same action, incident, or event.
(5)
The criminal provisions of this section are subject to enforcement by fish and
wildlife ((enforcement)) officers or ex officio fish and wildlife ((enforcement
patrol)) officers as defined in RCW ((75.08.011)) 77.08.010.
(6) As used in this section, marine species include all fish,
invertebrate or plant species which are found during any portion of the life
cycle of those species in the marine environment.
Sec.
3. RCW
46.09.200 and 1986 c 100 s 52 are each amended to read as follows:
The
provisions of this chapter shall be enforced by all persons having the
authority to enforce any of the laws of this state, including, without
limitation, officers of the state patrol, county sheriffs and their deputies,
all municipal law enforcement officers within their respective jurisdictions,
((state wildlife agents and deputy wildlife agents)) fish and
wildlife officers, state park rangers, ((state fisheries patrolmen,))
and those employees of the department of natural resources designated by the commissioner
of public lands under RCW 43.30.310, 76.04.035, and 76.04.045.
Sec.
4. RCW
46.10.200 and 1980 c 78 s 131 are each amended to read as follows:
The
provisions of this chapter shall be enforced by all persons having the
authority to enforce any of the laws of this state, including, without
limitation, officers of the state patrol, county sheriffs and their deputies,
all municipal law enforcement officers within their respective jurisdictions, fish
and wildlife ((agents)) officers, state park rangers, ((state
fisheries patrol officers,)) and those employees of the department of
natural resources designated by the commissioner of public lands under RCW
43.30.310, as having police powers to enforce the laws of this state.
Sec.
5. RCW
69.30.010 and 1995 c 147 s 1 are each amended to read as follows:
When
used in this chapter, the following terms shall have the following meanings:
(1)
"Shellfish" means all varieties of fresh and frozen oysters, mussels,
clams, and scallops, either shucked or in the shell, and any fresh or frozen
edible products thereof.
(2)
"Sale" means to sell, offer for sale, barter, trade, deliver,
consign, hold for sale, consignment, barter, trade, or delivery, and/or possess
with intent to sell or dispose of in any commercial manner.
(3)
"Shellfish growing areas" means the lands and waters in and upon
which shellfish are grown for harvesting in commercial quantity or for sale for
human consumption.
(4)
"Establishment" means the buildings, together with the necessary
equipment and appurtenances, used for the storage, culling, shucking, packing
and/or shipping of shellfish in commercial quantity or for sale for human
consumption.
(5)
"Person" means any individual, partnership, firm, company,
corporation, association, or the authorized agents of any such entities.
(6)
"Department" means the state department of health.
(7)
"Secretary" means the secretary of health or his or her authorized
representatives.
(8)
"Commercial quantity" means any quantity exceeding: (a) Forty pounds
of mussels; (b) one hundred oysters; (c) fourteen horse clams; (d) six
geoducks; (e) fifty pounds of hard or soft shell clams; or (f) fifty pounds of
scallops. The poundage in this subsection (8) constitutes weight with the
shell.
(9)
"Fish and wildlife ((enforcement)) officer" means a ((fisheries
patrol officer or an ex officio fisheries patrol)) fish and wildlife
officer as defined in RCW ((75.08.011 (4) and (5) or a wildlife agent or an
ex officio wildlife agent as defined in RCW 77.08.010 (5) and (6))) 77.08.010.
(10)
"Ex officio fish and wildlife officer" means an ex officio fish and
wildlife officer as defined in RCW 77.08.010.
Sec.
6. RCW
69.30.110 and 1995 c 147 s 4 are each amended to read as follows:
It
is unlawful for any person to possess a commercial quantity of shellfish or to
sell or offer to sell shellfish in the state which have not been grown,
shucked, packed, or shipped in accordance with the provisions of this chapter.
Failure of a shellfish grower to display immediately a certificate of approval
issued under RCW 69.30.050 to an authorized representative of the department, a
fish and wildlife ((enforcement)) officer, or an ex officio fish and
wildlife ((enforcement)) officer subjects the grower to the penalty
provisions of this chapter, as well as immediate seizure of the shellfish by
the representative or officer.
Failure
of a shellfish processor to display a certificate of approval issued under RCW
69.30.060 to an authorized representative of the department, a fish and
wildlife ((enforcement)) officer, or an ex officio fish and wildlife ((enforcement))
officer subjects the processor to the penalty provisions of this chapter, as
well as immediate seizure of the shellfish by the representative or officer.
Shellfish
seized under this section shall be subject to prompt disposal by the
representative or officer and may not be used for human consumption. The state
board of health shall develop by rule procedures for the disposal of the seized
shellfish.
Sec.
7. RCW
69.30.140 and 1995 c 147 s 6 are each amended to read as follows:
Any person convicted of violating any of the provisions of this
chapter shall be guilty of a gross misdemeanor. A conviction is an unvacated
forfeiture of bail or collateral deposited to secure the defendant's appearance
in court, the payment of a fine, a plea of guilty, or a finding of guilt on a
violation of this chapter, regardless of whether imposition of sentence is
deferred or the penalty is suspended, and shall be treated as a ((violation))
conviction for purposes of license ((forfeiture)) revocation and
suspension of privileges under RCW ((75.10.120)) 77.15.700(5).
Sec.
8. RCW
70.93.050 and 1980 c 78 s 132 are each amended to read as follows:
The
director shall designate trained employees of the department to be vested with
police powers to enforce and administer the provisions of this chapter and all
rules ((and regulations)) adopted thereunder. The director shall also
have authority to contract with other state and local governmental agencies
having law enforcement capabilities for services and personnel reasonably
necessary to carry out the enforcement provisions of this chapter. In
addition, state patrol officers, fish and wildlife ((agents)) officers,
fire wardens, deputy fire wardens and forest rangers, sheriffs and marshals and
their deputies, and police officers, and those employees of the department of
ecology and the parks and recreation commission vested with police powers all
shall enforce the provisions of this chapter and all rules ((and regulations))
adopted thereunder and are hereby empowered to issue citations to and/or arrest
without warrant, persons violating any provision of this chapter or any of the
rules ((and regulations)) adopted hereunder. All of the foregoing
enforcement officers may serve and execute all warrants, citations, and other
process issued by the courts in enforcing the provisions of this chapter and
rules ((and regulations)) adopted hereunder. In addition, mailing by registered
mail of such warrant, citation, or other process to his or her last
known place of residence shall be deemed as personal service upon the person
charged.
Sec.
9. RCW
76.04.045 and 1986 c 100 s 5 are each amended to read as follows:
(1)
All Washington state patrol officers, ((wildlife agents, fisheries patrol))
fish and wildlife officers, deputy state fire marshals, and state park
rangers, while in their respective jurisdictions, shall be ex officio rangers.
(2)
Employees of the United States forest service, when recommended by their forest
supervisor, and citizens of the state advantageously located may, at the
discretion of the department, be commissioned as rangers and vested with the
certain powers and duties of wardens as specified in this chapter and as
directed by the department.
(3)
Rangers shall receive no compensation for their services except when employed
in cooperation with the state and under the provisions of this chapter and
shall not create any indebtedness or incur any liability on behalf of the
state: PROVIDED, That rangers actually engaged in extinguishing or preventing
the spread of fire on forest land or elsewhere that may endanger forest land
shall, when their accounts for such service have been approved by the
department, be entitled to receive compensation for such services at a rate to
be fixed by the department.
(4)
The department may cancel the commission of any ranger or authority granted to
any ex officio ranger who may be incompetent or unwilling to discharge properly
the duties of the office.
Sec.
10. RCW
77.08.010 and 2000 c 107 s 207 are each amended to read as follows:
As
used in this title or rules adopted under this title, unless the context clearly
requires otherwise:
(1)
"Director" means the director of fish and wildlife.
(2)
"Department" means the department of fish and wildlife.
(3)
"Commission" means the state fish and wildlife commission.
(4)
"Person" means and includes an individual; a corporation; a public or
private entity or organization; a local, state, or federal agency; all business
organizations, including corporations and partnerships; or a group of two or
more individuals acting with a common purpose whether acting in an individual,
representative, or official capacity.
(5)
"Fish and wildlife officer" means a person appointed and commissioned
by the director, with authority to enforce this title and rules adopted
pursuant to this title, and other statutes as prescribed by the legislature.
Fish and wildlife officer includes a person commissioned before June 11, 1998,
as a wildlife agent or a fisheries patrol officer.
(6)
"Ex officio fish and wildlife 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 fish and wildlife
officer" includes special agents of the national marine fisheries service,
state parks commissioned officers, United States fish and wildlife special
agents, department of natural resources enforcement officers, and United States
forest service officers, while the agents and officers are within their
respective jurisdictions.
(7)
"To hunt" and its derivatives means an effort to kill, injure,
capture, or harass a wild animal or wild bird.
(8)
"To trap" and its derivatives means a method of hunting using devices
to capture wild animals or wild birds.
(9)
"To fish," "to harvest," and "to take," and their
derivatives means an effort to kill, injure, harass, or catch a fish or
shellfish.
(10)
"Open season" means those times, manners of taking, and places or
waters established by rule of the commission for the lawful hunting, fishing,
taking, or possession of game animals, game birds, game fish, food fish, or
shellfish that conform to the special restrictions or physical descriptions
established by rule of the commission or that have otherwise been deemed legal
to hunt, fish, take, harvest, or possess by rule of the commission.
"Open season" includes the first and last days of the established
time.
(11)
"Closed season" means all times, manners of taking, and places or
waters other than those established by rule of the commission as an open
season. "Closed season" also means all hunting, fishing, taking, or
possession of game animals, game birds, ((or)) game fish, food fish,
or shellfish that do not conform to the special restrictions or physical
descriptions established by rule of the commission as an open season or that
have not otherwise been deemed legal to hunt, fish, take, harvest, or
possess by rule of the commission as an open season.
(12)
"Closed area" means a place where the hunting of some or all
species of wild animals or wild birds is prohibited.
(13)
"Closed waters" means all or part of a lake, river, stream, or other
body of water, where fishing ((for game fish)) or harvesting is
prohibited.
(14)
"Game reserve" means a closed area where hunting for all wild animals
and wild birds is prohibited.
(15)
"Bag limit" means the maximum number of game animals, game birds, or
game fish which may be taken, caught, killed, or possessed by a person, as
specified by rule of the commission for a particular period of time, or as to
size, sex, or species.
(16)
"Wildlife" means all species of the animal kingdom whose members
exist in Washington in a wild state. This includes but is not limited to
mammals, birds, reptiles, amphibians, fish, and invertebrates. The term
"wildlife" does not include feral domestic mammals, old world rats
and mice of the family Muridae of the order Rodentia, or those fish, shellfish,
and marine invertebrates classified as food fish or shellfish by the director.
The term "wildlife" includes all stages of development and the bodily
parts of wildlife members.
(17)
"Wild animals" means those species of the class Mammalia whose
members exist in Washington in a wild state and the species Rana catesbeiana
(bullfrog). The term "wild animal" does not include feral domestic
mammals or old world rats and mice of the family Muridae of the order Rodentia.
(18)
"Wild birds" means those species of the class Aves whose members
exist in Washington in a wild state.
(19)
"Protected wildlife" means wildlife designated by the commission that
shall not be hunted or fished.
(20)
"Endangered species" means wildlife designated by the commission as
seriously threatened with extinction.
(21)
"Game animals" means wild animals that shall not be hunted except as
authorized by the commission.
(22)
"Fur-bearing animals" means game animals that shall not be trapped
except as authorized by the commission.
(23)
"Game birds" means wild birds that shall not be hunted except as
authorized by the commission.
(24)
"Predatory birds" means wild birds that may be hunted throughout the
year as authorized by the commission.
(25)
"Deleterious exotic wildlife" means species of the animal kingdom not
native to Washington and designated as dangerous to the environment or wildlife
of the state.
(26)
"Game farm" means property on which wildlife is held or raised for
commercial purposes, trade, or gift. The term "game farm" does not
include publicly owned facilities.
(27)
"Person of disability" means a permanently disabled person who is not
ambulatory without the assistance of a wheelchair, crutches, or similar
devices.
(28)
"Fish" includes all species classified as game fish or food fish by
statute or rule, as well as all fin fish not currently classified as food fish
or game fish if such species exist in state waters. The term "fish"
includes all stages of development and the bodily parts of fish species.
(29)
"Raffle" means an activity in which tickets bearing an individual
number are sold for not more than twenty-five dollars each and in which a
permit or permits are awarded to hunt or for access to hunt big game animals or
wild turkeys on the basis of a drawing from the tickets by the person or
persons conducting the raffle.
(30)
"Youth" means a person fifteen years old for fishing and under
sixteen years old for hunting.
(31)
"Senior" means a person seventy years old or older.
(32)
"License year" means the period of time for which a recreational
license is valid. The license year begins April 1st, and ends March 31st.
(33)
"Saltwater" means those marine waters seaward of river mouths.
(34)
"Freshwater" means all waters not defined as saltwater including, but
not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
(35)
"State waters" means all marine waters and fresh waters within
ordinary high water lines and within the territorial boundaries of the state.
(36)
"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.
(37)
"Concurrent waters of the Columbia river" means those waters of the
Columbia river that coincide with the Washington-Oregon state boundary.
(38)
"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.
(39)
"Nonresident" means a person who has not fulfilled the qualifications
of a resident.
(40)
"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 commission. The term "shellfish" includes
all stages of development and the bodily parts of shellfish species.
(41)
"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.))
(42)
"To process" and its derivatives mean preparing or preserving ((food))
fish, wildlife, or shellfish.
(43)
"Personal use" means for the private use of the individual taking the
((food)) fish or shellfish and not for sale or barter.
(44)
"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.
(45)
"Fishery" means the taking of one or more particular species of ((food))
fish or shellfish with particular gear in a particular geographical area.
(46)
"Limited-entry license" means a license subject to a license
limitation program established in chapter 77.70 RCW.
(47)
"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.
(48)
"Trafficking" means offering, attempting to engage, or engaging in
sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic
wildlife.
Sec.
11. RCW
77.12.039 and 2000 c 107 s 5 are each amended to read as follows:
The
director 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 wildlife, ((food)) fish, and
shellfish resources, or in settlement of claims for damages to wildlife, ((food))
fish, and shellfish resources. The director shall only accept real property
useful for the protection, rehabilitation, preservation, or conservation of ((these
fisheries)) fish, shellfish, and wildlife resources.
Sec.
12. RCW
77.12.043 and 1985 c 458 s 7 are each amended to read as follows:
(1)
The director may enter into contracts and agreements with a person to secure ((food))
fish or shellfish or for the construction, operation, and maintenance of
facilities for the propagation of ((food)) fish or shellfish.
(2) The director may enter into contracts and agreements to procure
from private aquaculturists ((food)) fish or shellfish with which to
stock state waters.
Sec.
13. RCW
77.12.045 and 1995 1st sp.s. c 2 s 10 are each amended to read as follows:
Consistent
with federal law, the 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 commission's authority extends to fishing in offshore
waters by residents of this state.
The
commission may adopt rules consistent with the regulations adopted by the
United States department of commerce for the offshore waters. The 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)) 77.75 RCW, or the
international Pacific halibut commission.
Sec.
14. RCW
77.12.047 and 2000 c 107 s 7 are each amended to read as follows:
(1)
The commission may adopt, amend, or repeal rules as follows:
(a)
Specifying the times when the taking of wildlife, ((food)) fish, or
shellfish is lawful or unlawful.
(b)
Specifying the areas and waters in which the taking and possession of wildlife,
((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 wildlife, ((food)) fish, or shellfish, and
specifying the times, places, and manner in which the equipment may be used or
possessed.
(d)
Regulating the importation, transportation, possession, disposal,
landing, and sale of wildlife, ((food)) fish, ((or)) shellfish,
or seaweed within the state, whether acquired within or without the state.
(e)
Regulating the prevention and suppression of diseases and pests affecting
wildlife, ((food)) fish, or shellfish.
(f)
Regulating the size, sex, species, and quantities of wildlife, ((food))
fish, or shellfish that may be taken, possessed, sold, or disposed of.
(g)
Specifying the statistical and biological reports required from ((fishermen))
fishers, dealers, boathouses, or processors of wildlife, ((food))
fish, or shellfish.
(h)
Classifying species of marine and freshwater life as food fish or shellfish.
(i)
Classifying the species of wildlife, ((food)) fish, and shellfish that
may be used for purposes other than human consumption.
(j)
Regulating the taking, sale, possession, and distribution of wildlife, fish,
shellfish, or deleterious exotic wildlife.
(k)
Establishing game reserves and closed areas where hunting for wild animals or
wild birds may be prohibited.
(l)
Regulating the harvesting of fish, shellfish, and wildlife in the federal
exclusive economic zone by vessels or individuals registered or licensed under
the laws of this state.
(m)
Authorizing issuance of permits to release, plant, or place fish or shellfish
in state waters.
(n)
Governing the possession of fish, shellfish, or wildlife so that the size,
species, or sex can be determined visually in the field or while being
transported.
(o)
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.
15. RCW
77.12.170 and 2000 c 107 s 216 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, and stamps((, and punchcards))
required by ((this title)) chapter 77.32 RCW and section 56 of this
act, 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 damage to department property or wildlife losses or
contributions, gifts, or grants received under RCW 77.12.320 or 77.32.380;
(h)
Excise tax on anadromous game fish collected under chapter 82.27 RCW;
(i)
The sale of personal property seized by the department for ((food))
fish, shellfish, or 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.
16. RCW
77.12.177 and 2000 c 107 s 10 are each amended to read as follows:
(1)
Except as provided in this title, state and county officers receiving the
following moneys shall deposit them in the state general fund:
(a)
The sale of commercial licenses required under this title, except for licenses
issued under ((chapter 77.32 RCW)) section 56 of this act; and
(b)
Moneys received for damages to food fish or shellfish.
(2)
The director shall make weekly remittances to the state treasurer of moneys
collected by the department.
(3)
All fines and forfeitures collected or assessed by a district court for a
violation of this title or rule of the department shall be remitted as provided
in chapter 3.62 RCW.
(4)
Proceeds from the sale of food fish or shellfish taken in test fishing
conducted by the department, to the extent that these proceeds exceed the
estimates in the budget approved by the legislature, may be allocated as unanticipated
receipts under RCW 43.79.270 to reimburse the department for unanticipated
costs for test fishing operations in excess of the allowance in the budget
approved by the legislature.
(5)
Proceeds from the sale of salmon carcasses and salmon eggs from state general
funded hatcheries by the department of general administration shall be
deposited in the regional fisheries enhancement group account established in
RCW 77.95.090.
(6)
Moneys received by the commission under RCW 77.12.039, to the extent these
moneys exceed estimates in the budget approved by the legislature, may be
allocated as unanticipated receipts under RCW 43.79.270. Allocations under
this subsection shall be made only for the specific purpose for which the
moneys were received, unless the moneys were received in settlement of a claim
for damages to food fish or shellfish, in which case the moneys may be expended
for the conservation of these resources.
(7)
Proceeds from the sale of herring spawn on kelp fishery licenses by the department,
to the extent those proceeds exceed estimates in the budget approved by the
legislature, may be allocated as unanticipated receipts under RCW 43.79.270.
Allocations under this subsection shall be made only for herring management,
enhancement, and enforcement.
Sec.
17. RCW
77.12.204 and 2000 c 107 s 217 are each amended to read as follows:
The
department of fish and wildlife shall implement practices necessary to meet the
standards developed under RCW 79.01.295 on agency-owned and managed
agricultural and grazing lands. The standards may be modified on a
site-specific basis as necessary and as determined by the department of fish
and wildlife((, for species that these agencies respectively manage,))
to achieve the goals established under RCW 79.01.295(1). Existing lessees
shall be provided an opportunity to participate in any site-specific field
review. Department agricultural and grazing leases issued after December 31,
1994, shall be subject to practices to achieve the standards that meet those
developed pursuant to RCW 79.01.295.
This
section shall in no way prevent the department of fish and wildlife from
managing its lands according to the provisions of RCW ((75.08.012)) 77.04.012,
77.12.210, or rules adopted pursuant to this chapter.
Sec.
18. RCW
77.12.264 and 2000 c 107 s 9 are each amended to read as follows:
The
director shall relieve from active duty fish and wildlife officers who are
injured in the performance of their official duties to such an extent as to be
incapable of active service. While relieved from active duty, the employees
shall receive one-half of their salary less any compensation received through
the provisions of RCW 41.40.200, 41.40.220, and ((75.08.206)) 77.12.262.
Sec.
19. RCW
77.12.320 and 1987 c 506 s 41 are each amended to read as follows:
(1)
The commission may make agreements with persons, political subdivisions of this
state, or the United States or its agencies or instrumentalities, regarding fish,
shellfish, and wildlife-oriented recreation and the propagation,
protection, conservation, and control of fish, shellfish, and wildlife.
(2)
The director may make written agreements with the owners or lessees of real or
personal property to provide for the use of the property for fish,
shellfish, and wildlife-oriented recreation. The director may adopt rules
governing the conduct of persons in or on the real property.
(3)
The director may accept compensation for fish, shellfish, and wildlife
losses or gifts or grants of personal property for use by the department.
Sec.
20. RCW
77.12.325 and 1980 c 78 s 52 are each amended to read as follows:
The
commission may cooperate with the Oregon fish and wildlife commission in the
adoption of rules to ((assure)) ensure an annual yield of fish,
shellfish, and wildlife on the Columbia river and to prevent the taking of fish,
shellfish, and wildlife at places or times that might endanger fish,
shellfish, and wildlife.
Sec.
21. RCW
77.12.425 and 1980 c 78 s 90 are each amended to read as follows:
The
director may authorize removal, relocation, reconstruction, or other
modification of an inadequate fishway or fish protective device required by RCW
((77.16.210 and)) 77.16.220 (as recodified by this act) which
device was in existence on September 1, 1963, without cost to the owner for
materials and labor. The modification may not materially alter the amount of
water flowing through the fishway or fish protective device. Following
modification, the fishway or fish protective device shall be maintained at the
expense of the person or governmental agency owning the obstruction or water
diversion device.
Sec.
22. RCW
77.12.455 and 1995 1st sp.s. c 2 s 16 are each amended to read as follows:
The
commission may prohibit the introduction, transportation or transplanting of ((food))
fish, shellfish, organisms, material, or other equipment which in the
commission's judgment may transmit any disease or pests affecting ((food))
fish or shellfish.
Sec.
23. RCW 77.15.080
and 2000 c 107 s 233 are each amended to read as follows:
Based
upon articulable facts that a person is engaged in fishing, harvesting,
or hunting activities, fish and wildlife officers have the authority to
temporarily stop the person and check for valid licenses, tags, permits,
stamps, or catch record cards, and to inspect all fish, shellfish, seaweed,
and wildlife in possession as well as the equipment being used to ensure
compliance with the requirements of this title, and may request the person
to 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 is not the person named on the license.
Sec.
24. RCW
77.15.090 and 2000 c 107 s 234 are each amended to read as follows:
On
a showing of probable cause that there has been a violation of any fish,
seaweed, shellfish, or wildlife law of the state of Washington, or upon a
showing of probable cause to believe that evidence of such violation may be
found at a place, a court shall issue a search warrant or arrest warrant. Fish
and wildlife officers may execute any such arrest or search warrant reasonably
necessary to their duties under this title and may seize fish, seaweed,
shellfish, and wildlife or any evidence of a crime and the fruits or
instrumentalities of a crime as provided by warrant. The court may have a
building, enclosure, vehicle, vessel, container, or receptacle opened or
entered and the contents examined.
Sec.
25. RCW
77.15.094 and 2000 c 107 s 214 are each amended to read as follows:
Fish
and wildlife officers and ex officio fish and wildlife officers may make a
reasonable search without warrant of a vessel, conveyances, vehicles,
containers, packages, or other receptacles for fish, seaweed, shellfish,
and wildlife which they have reason to believe contain evidence of a violation
of law or rules adopted pursuant to this title and seize evidence as needed for
law enforcement. This authority does not extend to quarters in a boat,
building, or other property used exclusively as a private domicile, does not
extend to transitory residences in which a person has a reasonable expectation
of privacy, and does not allow search and seizure without a warrant if the
thing or place is protected from search without warrant within the meaning of
Article I, section 7 of the state Constitution. Seizure of property as
evidence of a crime does not preclude seizure of the property for forfeiture as
authorized by law.
Sec.
26. RCW
77.15.096 and 1998 c 190 s 116 are each amended to read as follows:
Fish
and wildlife officers may inspect without warrant at reasonable times and in a
reasonable manner the premises, containers, fishing equipment, fish, seaweed,
shellfish, and wildlife, and records required by the department of any commercial
fisher or wholesale dealer or fish buyer. Fish and wildlife officers may
similarly inspect without warrant the premises, containers, fishing equipment,
fish, shellfish, and wildlife, and records required by the department of
any shipping agent or other person placing or attempting to place fish,
shellfish, or wildlife into interstate commerce, any cold storage plant
that the department has probable cause to believe contains fish, shellfish,
or wildlife, or of any taxidermist or fur buyer. Fish and wildlife officers
may inspect without warrant the records required by the department of any
retail outlet selling fish, shellfish, or wildlife ((or both)),
and, if the officers have probable cause to believe a violation of this title
or rules of the commission has occurred, they may inspect without warrant the
premises, containers, and fish, shellfish, and wildlife of any retail
outlet selling fish, shellfish, or wildlife ((or both)).
Sec.
27. RCW
77.15.110 and 1998 c 190 s 8 are each amended to read as follows:
(1)
For purposes of this chapter, a person acts for commercial purposes if the
person:
(a)
Acts with intent to sell, attempted to sell, sold, bartered, attempted to
purchase, or purchased fish, seaweed, shellfish, or wildlife;
(b)
Uses gear typical of that used in commercial fisheries;
(c)
Exceeds the bag or possession limits for personal use by taking or possessing
more than three times the amount of fish, seaweed, shellfish, or
wildlife allowed;
(d)
Delivers or attempts to deliver fish, seaweed, shellfish, or wildlife to
a person who sells or resells fish, seaweed, shellfish, or wildlife
including any licensed or unlicensed wholesaler; ((or))
(e)
Takes fish or shellfish using a vessel designated on a commercial fishery
license and gear not authorized in a personal use fishery;
(f)
Sells or deals in raw furs; or
(g)
Performs taxidermy service on fish, shellfish, or wildlife belonging to another
person for a fee or receipt of goods or services.
(2)
For purposes of this chapter, the value of any fish, shellfish, or
wildlife may be proved based on evidence of legal or illegal sales involving
the person charged or any other person, of offers to sell or solicitation of
offers to sell by the person charged or by any other person, or of any market
price for the fish, shellfish, or wildlife including market price for
farm-raised game animals. The value assigned to specific fish, shellfish,
or wildlife by RCW ((77.21.070)) 77.15.420 may be presumed to
be the value of such fish, shellfish, or wildlife. It is not relevant
to proof of value that the person charged misrepresented that the fish,
shellfish, or wildlife was taken in compliance with law if the fish,
shellfish, or wildlife was unlawfully taken and had no lawful market value.
Sec.
28. RCW
77.15.150 and 1998 c 190 s 16 are each amended to read as follows:
(1)
A person is guilty of unlawful use of poison or explosives if:
(a)
The person lays out, sets out, or uses a drug, poison, or other deleterious
substance that kills, injures, harms, or endangers fish, shellfish, or
wildlife, except if the person is using the substance in compliance with
federal and state laws and label instructions; or
(b)
The person lays out, sets out, or uses an explosive that kills, injures, harms,
or endangers fish, shellfish, or wildlife, except if authorized by law
or permit of the director.
(2)
Unlawful use of poison or explosives is a gross misdemeanor.
Sec.
29. RCW
77.15.180 and 1998 c 190 s 22 are each amended to read as follows:
(1)
A person is guilty of unlawful interference with fishing or hunting gear in the
second degree if the person:
(a)
Takes or releases a wild animal from another person's trap without permission;
(b)
Springs, pulls up, damages, possesses, or destroys another person's trap
without the owner's permission; or
(c)
Interferes with recreational gear used to take fish or shellfish.
(2)
Unlawful interference with fishing or hunting gear in the second degree is a
misdemeanor.
(3)
A person is guilty of unlawful interference with fishing or hunting gear in the
first degree if the person:
(a)
Takes or releases ((food)) fish or shellfish from commercial fishing
gear without the owner's permission; or
(b)
Intentionally destroys or interferes with commercial fishing gear.
(4)
Unlawful interference with fishing or hunting gear in the first degree is a
gross misdemeanor.
(5)
A person is not in violation of unlawful interference with fishing or hunting
gear if the person removes a trap placed on property owned, leased, or rented
by the person.
Sec.
30. RCW
77.15.210 and 1998 c 190 s 24 are each amended to read as follows:
(1)
A person is guilty of obstructing the taking of fish or wildlife if the person:
(a)
Harasses, drives, or disturbs fish, shellfish, or wildlife with the
intent of disrupting lawful pursuit or taking thereof; or
(b)
Harasses, intimidates, or interferes with an individual engaged in the lawful
taking of fish, shellfish, or wildlife or lawful predator control with
the intent of disrupting lawful pursuit or taking thereof.
(2)
Obstructing the taking of fish, shellfish, or wildlife is a gross
misdemeanor.
(3)
It is an affirmative defense to a prosecution for obstructing the taking of
fish, shellfish, or wildlife that the person charged was:
(a)
Interfering with a person engaged in hunting outside the legally established
hunting season; or
(b)
Preventing or attempting to prevent unauthorized trespass on private property.
(4)
The person raising a defense under subsection (3) of this section has the
burden of proof by a preponderance of the evidence.
Sec.
31. RCW
77.15.245 and 2000 c 248 s 1 and 2000 c 107 s 260 are each reenacted and
amended to read as follows:
(1)
Notwithstanding the provisions of RCW 77.12.240, 77.36.020, 77.36.030, or any
other provisions of law, it is unlawful to take, hunt, or attract black bear
with the aid of bait.
(a)
Nothing in this subsection shall be construed to prohibit the killing of black
bear with the aid of bait by employees or agents of county, state, or federal
agencies while acting in their official capacities for the purpose of
protecting livestock, domestic animals, private property, or the public safety.
(b)
Nothing in this subsection shall be construed to prevent the establishment and
operation of feeding stations for black bear in order to prevent damage to commercial
timberland.
(c)
Nothing in this subsection shall be construed to prohibit the director from
issuing a permit or memorandum of understanding to a public agency, university,
or scientific or educational institution for the use of bait to attract black
bear for scientific purposes.
(d)
As used in this subsection, "bait" means a substance placed, exposed,
deposited, distributed, scattered, or otherwise used for the purpose of
attracting black bears to an area where one or more persons hunt or intend to
hunt them.
(2)
Notwithstanding RCW 77.12.240, 77.36.020, 77.36.030, or any other provisions of
law, it is unlawful to hunt or pursue black bear, cougar, bobcat, or lynx with
the aid of a dog or dogs.
(a)
Nothing in this subsection shall be construed to prohibit the killing of black
bear, cougar, bobcat, or lynx with the aid of a dog or dogs by employees or
agents of county, state, or federal agencies while acting in their official
capacities for the purpose of protecting livestock, domestic animals, private
property, or the public safety. A dog or dogs may be used by the owner or
tenant of real property consistent with a permit issued and conditioned by the
director.
(b)
Nothing in this subsection shall be construed to prohibit the director from
issuing a permit or memorandum of understanding to a public agency, university,
or scientific or educational institution for the use of a dog or dogs for the
pursuit, capture and relocation, of black bear, cougar, bobcat, or lynx for
scientific purposes.
(c)
Nothing in this subsection shall be construed to prohibit the director from
issuing a permit or memorandum of understanding to a public agency, university,
or scientific or educational institution for the use of a dog or dogs for the
killing of black bear, cougar, or bobcat, for the protection of a state and/or
federally listed threatened or endangered species.
(3)
Notwithstanding subsection (2) of this section, the commission shall authorize
the use of dogs only in selected areas within a game management unit to address
a public safety need presented by one or more cougar. This authority may only
be exercised after the commission has determined that no other practical
alternative to the use of dogs exists, and after the commission has adopted
rules describing the conditions in which dogs may be used. Conditions that may
warrant the use of dogs within a game management unit include, but are not
limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock
and cougar/pet depredations, and the number of cougar capture attempts and
relocations.
(4)
A person who violates subsection (1) or (2) of this section is guilty of a
gross misdemeanor. In addition to appropriate criminal penalties, the ((director))
department shall revoke the hunting license of a person who violates
subsection (1) or (2) of this section and ((a hunting license shall not be
issued)) order the suspension of wildlife hunting privileges for a
period of five years following the revocation. Following a subsequent
violation of subsection (1) or (2) of this section by the same person, a
hunting license shall not be issued to the person at any time.
Sec.
32. RCW
77.15.250 and 1998 c 190 s 31 are each amended to read as follows:
(1)(a)
A person is guilty of unlawfully releasing, planting, or placing fish,
shellfish, or wildlife if the person knowingly releases, plants, or places
live fish, shellfish, wildlife, or aquatic plants within the state, ((except
for)) and the fish, shellfish, or wildlife have not been classified as
deleterious wildlife. This subsection does not apply to a release of game
fish into private waters for which a game fish stocking permit has been
obtained, or the planting of ((food)) fish or shellfish by permit
of the commission.
(b)
A violation of this subsection is a gross misdemeanor. In addition, the
department shall order the person to pay all costs the department incurred in
capturing, killing, or controlling the fish, shellfish, aquatic plants,
or wildlife released or its progeny. This does not affect the existing authority
of the department to bring a separate civil action to recover costs of
capturing, killing, controlling the fish, shellfish, aquatic plants, or
wildlife released or their progeny, or restoration of habitat necessitated by
the unlawful release.
(2)(a)
A person is guilty of unlawful release of deleterious exotic wildlife if the
person knowingly releases, plants, or places live fish, shellfish, or
wildlife within the state and such fish, shellfish, or wildlife has been
classified as deleterious exotic wildlife by rule of the commission.
(b)
A violation of this subsection is a class C felony. In addition, the
department shall also order the person to pay all costs the department incurred
in capturing, killing, or controlling the fish, shellfish, or wildlife
released or its progeny. This does not affect the existing authority of the
department to bring a separate civil action to recover costs of capturing,
killing, controlling the fish, shellfish, or wildlife released or their
progeny, or restoration of habitat necessitated by the unlawful release.
Sec.
33. RCW
77.15.260 and 1998 c 190 s 42 are each amended to read as follows:
(1)
A person is guilty of unlawful trafficking in fish, shellfish, or
wildlife in the second degree if the person traffics in fish, shellfish,
or wildlife with a wholesale value of less than two hundred fifty dollars and:
(a)
The fish or wildlife is classified as game, food fish, shellfish, game fish, or
protected wildlife and the trafficking is not authorized by statute or rule of
the department; or
(b)
The fish, shellfish, or wildlife is unclassified and the trafficking
violates any rule of the department.
(2)
A person is guilty of unlawful trafficking in fish, shellfish, or
wildlife in the first degree if the person commits the act described by
subsection (1) of this section and:
(a)
The fish, shellfish, or wildlife has a value of two hundred fifty
dollars or more; or
(b)
The fish, shellfish, or wildlife is designated as an endangered species
or deleterious exotic wildlife and such trafficking is not authorized by any
statute or rule of the department.
(3)(a)
Unlawful trafficking in fish, shellfish, or wildlife in the second
degree is a gross misdemeanor.
(b)
Unlawful trafficking in fish, shellfish, or wildlife in the first degree
is a class C felony.
Sec.
34. RCW
77.15.270 and 1998 c 190 s 46 are each amended to read as follows:
(1)
A person is guilty of providing false information regarding fish, shellfish,
or wildlife if the person knowingly provides false or misleading information
required by any statute or rule to be provided to the department regarding the
taking, delivery, possession, transportation, sale, transfer, or any other use
of fish, shellfish, or wildlife.
(2)
Providing false information regarding fish, shellfish, or wildlife is a
gross misdemeanor.
Sec.
35. RCW
77.15.290 and 1998 c 190 s 48 are each amended to read as follows:
(1)
A person is guilty of unlawful transportation of fish or wildlife in the second
degree if the person:
(a)
Knowingly imports, moves within the state, or exports fish, shellfish,
or wildlife in violation of any rule of the commission or the director
governing the transportation or movement of fish, shellfish, or wildlife
and the transportation does not involve big game, endangered fish or wildlife,
deleterious exotic wildlife, or fish, shellfish, or wildlife having a
value greater than two hundred fifty dollars; or
(b)
Possesses but fails to affix or notch a big game transport tag as required by
rule of the commission or director.
(2)
A person is guilty of unlawful transportation of fish or wildlife in the first
degree if the person:
(a)
Knowingly imports, moves within the state, or exports fish, shellfish,
or wildlife in violation of any rule of the commission or the director
governing the transportation or movement of fish, shellfish, or wildlife
and the transportation involves big game, endangered fish or wildlife,
deleterious exotic wildlife, or fish, shellfish, or wildlife with a
value of two hundred fifty dollars or more; or
(b)
Knowingly transports shellfish, shellstock, or equipment used in commercial culturing,
taking, handling, or processing shellfish without a permit required by
authority of this title.
(3)(a)
Unlawful transportation of fish or wildlife in the second degree is a
misdemeanor.
(b)
Unlawful transportation of fish or wildlife in the first degree is a gross
misdemeanor.
Sec.
36. RCW
77.15.330 and 1998 c 190 s 56 are each amended to read as follows:
(1)
A person is guilty of unlawfully holding a hunting or fishing contest if the
person:
(a)
Conducts, holds, or sponsors a hunting contest, a fishing contest involving
game fish, or a competitive field trial using live wildlife without the permit
required by RCW ((77.32.211)) 77.65.480; or
(b)
Violates any rule of the commission or the director applicable to a hunting
contest, fishing contest involving game fish, or a competitive field trial
using live wildlife.
(2)
Unlawfully holding a hunting or fishing contest is a misdemeanor.
Sec.
37. RCW
77.15.340 and 1998 c 190 s 57 are each amended to read as follows:
(1)
A person is guilty of unlawful operation of a game farm if the person (a)
operates a game farm without the license required by RCW ((77.32.211)) 77.65.480;
or (b) violates any rule of the commission or the director applicable to game
farms under RCW 77.12.570, 77.12.580, and 77.12.590.
(2)
Unlawful operation of a game farm is a gross misdemeanor.
Sec.
38. RCW
77.15.370 and 1998 c 190 s 19 are each amended to read as follows:
(1)
A person is guilty of unlawful recreational fishing in the first degree if:
(a)
The person takes, possesses, or retains two times or more than the bag limit or
possession limit of fish or shellfish allowed by any rule of the director or
commission setting the amount of food fish, game fish, or shellfish that can be
taken, possessed, or retained for noncommercial use;
(b)
The person fishes in a fishway; or
(c)
The person shoots, gaffs, snags, snares, spears, dipnets, or stones fish or
shellfish in state waters, or possesses fish or shellfish taken by
such means, unless such means are authorized by express rule of the commission
or director.
(2)
Unlawful recreational fishing in the first degree is a gross misdemeanor.
Sec.
39. RCW
77.15.380 and 2000 c 107 s 244 are each amended to read as follows:
(1)
A person is guilty of unlawful recreational fishing in the second degree if the
person fishes for, takes, possesses, or harvests fish or shellfish and:
(a)
The person does not have and possess the license or the catch record card
required by chapter ((75.25 or)) 77.32 RCW for such activity; or
(b)
The action violates any rule of the commission or the director regarding
seasons, bag or possession limits but less than two times the bag or possession
limit, closed areas, closed times, or any other rule addressing the manner or
method of fishing or possession of fish, except for use of a net to take fish
as provided for in RCW 77.15.580.
(2)
Unlawful recreational fishing in the second degree is a misdemeanor.
Sec.
40. RCW
77.15.390 and 2000 c 107 s 245 are each amended to read as follows:
(1)
A person is guilty of unlawful taking of seaweed if the person takes,
possesses, or harvests seaweed and:
(a)
The person does not have and possess the license required by chapter ((75.25))
77.32 RCW for taking seaweed; or
(b)
The action violates any rule of the department or the department of natural
resources regarding seasons, possession limits, closed areas, closed times, or
any other rule addressing the manner or method of taking, possessing, or
harvesting of seaweed.
(2)
Unlawful taking of seaweed is a misdemeanor. This does not affect rights of
the state to recover civilly for trespass, conversion, or theft of state-owned
valuable materials.
Sec.
41. RCW
77.15.400 and 1999 c 258 s 2 are each amended to read as follows:
(1)
A person is guilty of unlawful hunting of wild birds in the second degree if
the person:
(a)
Hunts for, takes, or possesses a wild bird and the person does not have and
possess all licenses, tags, stamps, and permits required under this title;
(b)
Maliciously destroys, takes, or harms the eggs or nests of a ((game [wild]))
wild bird except when authorized by permit;
(c)
Violates any rule of the commission or director regarding seasons, bag or
possession limits but less than two times the bag or possession limit, closed
areas, closed times, or other rule addressing the manner or method of hunting
or possession of wild birds; or
(d)
Possesses a wild bird taken during a closed season for that wild bird or taken
from a closed area for that wild bird.
(2)
A person is guilty of unlawful hunting of wild birds in the first degree if the
person takes or possesses two times or more than the possession or bag limit
for ((game [wild])) wild birds allowed by rule of the commission
or director.
(3)(a)
Unlawful hunting of wild birds in the second degree is a misdemeanor.
(b)
Unlawful hunting of wild birds in the first degree is a gross misdemeanor.
Sec.
42. RCW
77.15.480 and 2000 c 107 s 247 are each amended to read as follows:
Articles
or devices unlawfully used, possessed, or maintained for catching, taking,
killing, attracting, or decoying wildlife, fish, and shellfish are
public nuisances. If necessary, fish and wildlife officers and ex officio fish
and wildlife officers may seize, abate, or destroy these public nuisances
without warrant or process.
Sec.
43. RCW
77.15.510 and 1998 c 190 s 36 are each amended to read as follows:
(1)
A person is guilty of commercial fish guiding or chartering without a license
if:
(a)
The person operates a charter boat and does not hold the charter boat license
required for the food fish taken;
(b)
The person acts as a professional salmon guide and does not hold a professional
salmon guide license; or
(c)
The person acts as a game fish guide and does not hold a ((professional))
game fish guide license.
(2)
Commercial fish guiding or chartering without a license is a gross misdemeanor.
Sec.
44. RCW
77.15.550 and 1999 c 258 s 10 are each amended to read as follows:
(1)
A person is guilty of violating commercial fishing area or time in the second
degree if the person acts for commercial purposes and takes, fishes for,
possesses, delivers, or receives ((food)) fish or shellfish:
(a)
At a time not authorized by statute or rule;
(b)
From an area that was closed to the taking of such ((food)) fish or
shellfish for commercial purposes by statute or rule; or
(c)
If such fish or shellfish do not conform to the special restrictions or
physical descriptions established by rule of the department.
(2)
A person is guilty of violating commercial fishing area or time in the first
degree if the person commits the act described by subsection (1) of this
section and:
(a)
The person acted with knowledge that the area or time was not open to the
taking or fishing of ((food)) fish or shellfish for commercial purposes;
and
(b)
The violation involved two hundred fifty dollars or more worth of ((food))
fish or shellfish.
(3)(a)
Violating commercial fishing area or time in the second degree is a gross
misdemeanor.
(b)
Violating commercial fishing area or time in the first degree is a class C
felony.
Sec.
45. RCW
77.15.600 and 1999 c 258 s 8 are each amended to read as follows:
(1)
A person is guilty of engaging in commercial wildlife activity without a
license if the person:
(a)
Deals in raw furs for commercial purposes and does not hold a fur dealer
license required by chapter ((77.32)) 77.65 RCW; or
(b)
Practices taxidermy for commercial purposes and does not hold a taxidermy
license required by chapter ((77.32)) 77.65 RCW.
(2)
Engaging in commercial wildlife activities without a license is a gross
misdemeanor.
Sec.
46. RCW
77.15.700 and 1998 c 190 s 66 are each amended to read as follows:
The
department shall impose revocation and suspension of privileges upon conviction
in the following circumstances:
(1)
If directed by statute for an offense;
(2)
If the department finds that actions of the defendant demonstrated a willful or
wanton disregard for conservation of fish or wildlife. Such suspension of
privileges may be permanent;
(3)
If a person is convicted twice within ten years for a violation involving
unlawful hunting, killing, or possessing big game, the department shall order
revocation and suspension of all hunting privileges for two years. RCW ((77.16.020))
77.12.722 or 77.16.050 as it existed before June 11, 1998, may comprise
one of the convictions constituting the basis for revocation and suspension
under this subsection;
(4)
If a person is convicted three times in ten years of any violation of
recreational hunting or fishing laws or rules, the department shall order a
revocation and suspension of all recreational hunting and fishing privileges
for two years;
(5)
If a person is convicted twice within five years of a gross misdemeanor or
felony involving unlawful commercial fish or shellfish harvesting, buying, or
selling, the department shall impose a revocation and suspension of the
person's commercial fishing privileges for one year. A commercial fishery
license ((suspended)) revoked under this subsection may not be
used by an alternate operator or transferred during the period of suspension.
Sec.
47. RCW
77.15.730 and 1994 c 264 s 45 are each amended to read as follows:
(1)
Upon receipt of a report of failure to comply with the terms of a citation
issued for a recreational violation from the licensing authority of a state
that is a party to the wildlife violator compact under RCW ((77.17.010))
77.75.070, the department shall suspend the violator's recreational
license privileges under this title until (([there is])) there is
satisfactory evidence of compliance with the terms of the wildlife citation.
The department shall adopt by rule procedures for the timely notification and
administrative review of such suspension of recreational licensing privileges.
(2)
Upon receipt of a report of a conviction for a recreational offense from the
licensing authority of a state that is a party to the wildlife violator compact
under RCW ((77.17.010)) 77.75.070, the department shall enter
such conviction in its records and shall treat such conviction as if it
occurred in the state of Washington for the purposes of suspension, revocation,
or forfeiture of recreational license privileges.
Sec.
48. RCW
77.16.220 and 1998 c 190 s 122 are each amended to read as follows:
A
person shall not divert water from a lake, river, or stream containing game
fish unless the water diversion device is equipped at or near its intake with a
fish guard or screen to prevent the passage of game fish into the device and,
if necessary, with a means of returning game fish from immediately in front of
the fish guard or screen to the waters of origin. A person who ((is now))
was, on June 11, 1947, otherwise lawfully diverting water from a lake,
river, or stream shall not be deemed guilty of a violation of this
section.
Plans
for the fish guard, screen, and bypass shall be approved by the director prior
to construction. The installation shall be approved by the director prior to
the diversion of water.
The
director may close a water diversion device operated in violation of this
section and keep it closed until it is properly equipped with a fish guard,
screen, or bypass.
Sec.
49. RCW
77.32.010 and 2000 c 107 s 264 are each amended to read as follows:
(1)
Except as otherwise provided in this chapter, a recreational license
issued by the director is required to((:
(a))) hunt
for or take wild animals((, except bullfrogs,)) or wild birds,
fish for, take, or harvest fish, 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)). A recreational
fishing or shellfish license is not required for carp, smelt, albacore, and
crawfish, and a hunting license is not required for bullfrogs.
(2)
A permit issued by the ((director)) department is required to((:
(a)
Conduct, hold, or sponsor hunting or game fish 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)) park a motor vehicle upon improved
department access facilities.
Sec.
50. RCW
77.32.014 and 2000 c 107 s 265 are each amended to read as follows:
(((1)))
Licenses, tags, and stamps issued pursuant to this chapter shall be ((invalid))
revoked and the privileges suspended 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. Fish
and wildlife officers and ex officio fish and wildlife 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(8) shall
be prima facie evidence that the individual is in noncompliance with a support
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.
(((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.
51. RCW
77.32.250 and 2000 c 107 s 269 are each amended to read as follows:
Licenses,
permits, tags, and stamps required by this chapter and raffle tickets
authorized under this chapter shall not be transferred.
((Upon request of a fish and wildlife officer or ex officio fish
and wildlife officer, persons licensed, operating under a permit, or possessing
wildlife under the authority of this chapter shall produce required licenses,
permits, tags, stamps, raffle tickets, or catch record cards 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.
52. RCW
77.32.535 and 1996 c 101 s 6 are each amended to read as follows:
If
a private entity has a private lands wildlife management area agreement in
effect with the department, the commission may authorize the private entity to
conduct raffles for access to hunt for big game animals and wild turkeys to
meet the conditions of the agreement. The private entity shall comply with all
applicable rules adopted under RCW ((77.12.770)) 77.32.530 for
the implementation of raffles; however, raffle hunts conducted pursuant to this
section shall not be counted toward the number of raffle hunts the commission
may authorize under RCW ((77.12.770)) 77.32.530. The director
shall establish the procedures for the hunts, which shall require any
participants to obtain any required license, permit, or tag. Representatives
of the department may participate in the hunt upon the request of the
commission to ensure that the animals to be killed are properly identified.
Sec.
53. RCW
77.44.070 and 1991 c 253 s 4 are each amended to read as follows:
Any
agency of state or federal government, political subdivision of the state,
private or public utility company, corporation, or sports group, or any
purchaser of fish under RCW ((77.18.020)) 77.44.060 may purchase
resident game fish from an aquatic farmer for stocking purposes if permit
requirements of this title and the department have been met.
Sec.
54. RCW
77.55.280 and 1997 c 425 s 4 are each amended to read as follows:
When
a private landowner is applying for hydraulic project approval under this
chapter and that landowner has entered into a habitat incentives agreement with
the department and the department of natural resources as provided in RCW ((77.12.830))
77.55.300, the department shall comply with the terms of that agreement
when evaluating the request for hydraulic project approval.
Sec.
55. RCW
77.55.290 and 1998 c 249 s 3 are each amended to read as follows:
(1)
In order to receive the permit review and approval process created in this
section, a fish habitat enhancement project must meet the criteria under (a)
and (b) of this subsection:
(a)
A fish habitat enhancement project must be a project to accomplish one or more
of the following tasks:
(i)
Elimination of human-made fish passage barriers, including culvert repair and
replacement;
(ii)
Restoration of an eroded or unstable stream bank employing the principle of
bioengineering, including limited use of rock as a stabilization only at the
toe of the bank, and with primary emphasis on using native vegetation to
control the erosive forces of flowing water; or
(iii)
Placement of woody debris or other instream structures that benefit naturally
reproducing fish stocks.
The
department shall develop size or scale threshold tests to determine if projects
accomplishing any of these tasks should be evaluated under the process created
in this section or under other project review and approval processes. A
project proposal shall not be reviewed under the process created in this
section if the department determines that the scale of the project raises
concerns regarding public health and safety; and
(b)
A fish habitat enhancement project must be approved in one of the following
ways:
(i)
By the department pursuant to chapter ((75.50 or 75.52)) 77.95 or
77.100 RCW;
(ii)
By the sponsor of a watershed restoration plan as provided in chapter 89.08
RCW;
(iii)
By the department as a department-sponsored fish habitat enhancement or
restoration project;
(iv)
Through the review and approval process for the jobs for the environment
program;
(v)
Through the review and approval process for conservation district-sponsored
projects, where the project complies with design standards established by the
conservation commission through interagency agreement with the United States
fish and wildlife service and the natural resource conservation service;
(vi)
Through a formal grant program established by the legislature or the department
for fish habitat enhancement or restoration; and
(vii)
Through other formal review and approval processes established by the
legislature.
(2)
Fish habitat enhancement projects meeting the criteria of subsection (1) of
this section are expected to result in beneficial impacts to the environment.
Decisions pertaining to fish habitat enhancement projects meeting the criteria
of subsection (1) of this section and being reviewed and approved according to
the provisions of this section are not subject to the requirements of RCW
43.21C.030(2)(c).
(3)
Hydraulic project approval is required for projects that meet the criteria of
subsection (1) of this section and are being reviewed and approved under this
section. An applicant shall use a joint aquatic resource permit application
form developed by the department of ecology permit assistance center to apply
for approval under this chapter. On the same day, the applicant shall provide
copies of the completed application form to the department and to each
appropriate local government. Local governments shall accept the application
as notice of the proposed project. The department shall provide a fifteen-day
comment period during which it will receive comments regarding environmental
impacts. In no more than forty-five days, the department shall either issue
hydraulic project approval, with or without conditions, deny approval, or make
a determination that the review and approval process created by this section is
not appropriate for the proposed project. The department shall base this
determination on identification during the comment period of adverse impacts
that cannot be mitigated by hydraulic project approval. If the department
determines that the review and approval process created by this section is not
appropriate for the proposed project, the department shall notify the applicant
and the appropriate local governments of its determination. The applicant may
reapply for approval of the project under other review and approval processes.
Any
person aggrieved by the approval, denial, conditioning, or modification of
hydraulic project approval under this section may formally appeal the decision
to the hydraulic appeals board pursuant to the provisions of this chapter.
(4)
No local government may require permits or charge fees for fish habitat
enhancement projects that meet the criteria of subsection (1) of this section
and that are reviewed and approved according to the provisions of this section.
NEW
SECTION. Sec. 56. A
new section is added to chapter 77.65 RCW to read as follows:
(1)
A license issued by the director is required to:
(a)
Practice taxidermy for commercial purposes;
(b)
Deal in raw furs for commercial purposes;
(c)
Act as a fishing guide;
(d)
Operate a game farm; or
(e)
Purchase or sell anadromous game fish.
(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;
(c)
Stock game fish; or
(d)
Conduct commercial activities on department-owned or controlled lands.
(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.
57. RCW
77.70.010 and 1997 c 58 s 884 are each amended to read as follows:
(1)
A license renewed under the provisions of this chapter that has been suspended
under RCW ((75.28.042)) 77.65.080 shall be subject to the following
provisions:
(a)
A license renewal fee shall be paid as a condition of maintaining a current
license; and
(b)
The department shall waive any other license requirements, unless the
department determines that the license holder has had sufficient opportunity to
meet these requirements.
(2)
The provisions of subsection (1) of this section shall apply only to a license
that has been suspended under RCW ((75.28.042)) 77.65.080 for a
period of twelve months or less. A license holder shall forfeit a license
subject to this chapter and may not recover any license renewal fees previously
paid if the license holder does not meet the requirements of RCW 74.20A.320(9)
within twelve months of license suspension.
Sec.
58. RCW
77.70.150 and 1999 c 126 s 1 are each amended to read as follows:
(1)
A sea urchin dive fishery license is required to take sea urchins for
commercial purposes. A sea urchin dive fishery license authorizes the use of
only one diver in the water at any time during sea urchin harvest operations.
If the same vessel has been designated on two sea urchin dive fishery licenses,
two divers may be in the water. A natural person may not hold more than two sea
urchin dive fishery licenses.
(2)
Except as provided in subsection (6) of this section, the director shall issue
no new sea urchin dive fishery licenses. For licenses issued for the year 2000
and thereafter, the director shall renew existing licenses only to a natural
person who held the license at the end of the previous year. If a sea urchin
dive fishery license is not held by a natural person as of December 31, 1999,
it is not renewable. However, if the license is not held because of revocation
or suspension of licensing privileges, the director shall renew the license in
the name of a natural person at the end of the revocation or suspension if the
license holder applies for renewal of the license before the end of the year in
which the revocation or suspension ends.
(3)
Where a licensee failed to obtain the license during the previous year because
of a license suspension or revocation by the ((department)) director
or the court, the licensee may qualify for a license by establishing that the
person held such a license during the last year in which the person was
eligible.
(4)
Surcharges as provided for in this section shall be collected and deposited
into the sea urchin dive fishery account hereby created in the custody of the
state treasurer. Only the director or the director's designee may authorize
expenditures from the account. The sea urchin dive fishery account is subject
to allotment procedures under chapter 43.88 RCW, but no appropriation is
required for expenditures. Expenditures from the account shall only be used to
retire sea urchin licenses until the number of licenses is reduced to
twenty-five, and thereafter shall only be used for sea urchin management and
enforcement.
(a)
A surcharge of one hundred dollars shall be charged with each sea urchin dive
fishery license renewal for licenses issued in 2000 through 2005.
(b)
For licenses issued for the year 2000 and thereafter, a surcharge shall be
charged on the sea urchin dive fishery license for designating an alternate
operator. The surcharge shall be as follows: Five hundred dollars for the
first year or each of the first two consecutive years after 1999 that any
alternate operator is designated and two thousand five hundred dollars each
year thereafter that any alternate operator is designated.
(5)
Sea urchin dive fishery licenses are transferable. After December 31, 1999,
there is a surcharge to transfer a sea urchin dive fishery license. The
surcharge is five hundred dollars for the first transfer of a license valid for
calendar year 2000, and two thousand five hundred dollars for any subsequent
transfer, whether occurring in the year 2000 or thereafter. Notwithstanding
this subsection, a one-time transfer exempt from surcharge applies for a
transfer from the natural person licensed on January 1, 2000, to that person's
spouse or child.
(6)
If fewer than twenty-five natural persons are eligible for sea urchin dive
fishery licenses, the director may accept applications for new licenses. The
additional licenses may not cause more than twenty-five natural persons to be
eligible for a sea urchin dive fishery license. New licenses issued under this
section shall be distributed according to rules of the department that recover
the value of such licensed privilege.
Sec.
59. RCW
77.70.190 and 1999 c 126 s 2 are each amended to read as follows:
(1)
A sea cucumber dive fishery license is required to take sea cucumbers for
commercial purposes. A sea cucumber dive fishery license authorizes the use of
only one diver in the water at any time during sea cucumber harvest
operations. If the same vessel has been designated on two sea cucumber dive
fishery licenses, two divers may be in the water. A natural person may not
hold more than two sea cucumber dive fishery licenses.
(2)
Except as provided in subsection (6) of this section, the director shall issue
no new sea cucumber dive fishery licenses. For licenses issued for the year
2000 and thereafter, the director shall renew existing licenses only to a
natural person who held the license at the end of the previous year. If a sea
cucumber dive fishery license is not held by a natural person as of December
31, 1999, it is not renewable. However, if the license is not held because of
revocation or suspension of licensing privileges, the director shall renew the
license in the name of a natural person at the end of the revocation or
suspension if the license holder applies for renewal of the license before the
end of the year in which the revocation or suspension ends.
(3)
Where a licensee failed to obtain the license during either of the previous two
years because of a license suspension by the ((department)) director
or the court, the licensee may qualify for a license by establishing that the
person held such a license during the last year in which the person was
eligible.
(4)
Surcharges as provided for in this section shall be collected and deposited
into the sea cucumber dive fishery account hereby created in the custody of the
state treasurer. Only the director or the director's designee may authorize
expenditures from the account. The sea cucumber dive fishery account is
subject to allotment procedures under chapter 43.88 RCW, but no appropriation
is required for expenditures. Expenditures from the account shall only be used
to retire sea cucumber licenses until the number of licenses is reduced to
twenty-five, and thereafter shall only be used for sea cucumber management and
enforcement.
(a)
A surcharge of one hundred dollars shall be charged with each sea cucumber dive
fishery license renewal for licenses issued in 2000 through 2005.
(b)
For licenses issued for the year 2000 and thereafter, a surcharge shall be
charged on the sea cucumber dive fishery (([license])) license
for designating an alternate operator. The surcharge shall be as follows:
Five hundred dollars for the first year or each of the first two consecutive
years after 1999 that any alternate operator is designated and two thousand
five hundred dollars each year thereafter that any alternate operator is
designated.
(5)
Sea cucumber dive fishery licenses are transferable. After December 31, 1999,
there is a surcharge to transfer a sea cucumber dive fishery license. The
surcharge is five hundred dollars for the first transfer of a license valid for
calendar year 2000 and two thousand five hundred dollars for any subsequent
transfer whether occurring in the year 2000 or thereafter. Notwithstanding
this subsection, a one-time transfer exempt from surcharge applies for a
transfer from the natural person licensed on January 1, 2000, to that person's
spouse or child.
(6)
If fewer than twenty-five persons are eligible for sea cucumber dive fishery
licenses, the director may accept applications for new licenses. The
additional licenses may not cause more than twenty-five natural persons to be
eligible for a sea cucumber dive fishery license. New licenses issued under
this section shall be distributed according to rules of the department that
recover the value of such licensed privilege.
Sec.
60. RCW
79A.60.100 and 1994 c 264 s 80 are each amended to read as follows:
(1)
Every law enforcement officer of this state and its political subdivisions has
the authority to enforce this chapter. Law enforcement officers may enforce
recreational boating rules adopted by the commission. Such law enforcement
officers include, but are not limited to, county sheriffs, officers of other
local law enforcement entities, ((wildlife agents and fisheries patrol))
fish and wildlife officers ((of the department of fish and wildlife)),
through the director, the state patrol, ((through its chief,)) and state
park rangers. In the exercise of this responsibility, all such officers may
stop and board any vessel and direct it to a suitable pier or anchorage to
enforce this chapter.
(2)
This chapter shall be construed to supplement federal laws and regulations. To
the extent this chapter is inconsistent with federal laws and regulations, the
federal laws and regulations shall control.
NEW
SECTION. Sec. 61. (1) RCW
77.12.055 and 77.65.470 are each recodified as sections in chapter 77.15 RCW.
(2) RCW
77.12.425 and 77.16.220 are each recodified as sections in chapter 77.55 RCW.
(3) RCW
77.32.220 is recodified as a section in chapter 77.65 RCW.
NEW
SECTION. Sec. 62. The
following acts or parts of acts are each repealed:
(1) RCW
77.12.030 (Authority to regulate wildlife) and 1987 c 506 s 14,
1984 c 240 s 2, 1980 c 78 s 14, 1969 ex.s. c 18 s 2, & 1955 c 36 s
77.12.030;
(2) RCW
77.12.040 (Regulating the taking or possessing of game--Emergency
rules--Game reserves, closed areas and waters) and 1987 c 506 s 15, 1984 c 240
s 3, 1980 c 78 s 15, 1969 ex.s. c 18 s 3, & 1955 c 36 s 77.12.040;
(3) RCW
77.12.105 (Authority to retain or transfer wildlife) and 1987 c
506 s 22, 1980 c 78 s 71, 1977 c 44 s 2, & 1955 c 36 s 77.16.030;
(4) RCW
77.12.250 (Entry upon property in course of duty) and 2000 c 107
s 220, 1980 c 78 s 42, & 1955 c 36 s 77.12.250;
(5) RCW
77.12.295 (Fish and wildlife harvest in federal exclusive
economic zone--Rules) and 1995 1st sp.s. c 2 s 9 & 1993 sp.s. c 2 s 99;
(6) RCW
77.12.457 (Planting food fish or shellfish--Permit authorized by
rule) and 1998 c 190 s 73, 1995 1st sp.s. c 2 s 17, 1983 1st ex.s. c 46 s 30,
& 1955 c 12 s 75.16.020;
(7) RCW
77.12.724 (Possession of fish and wildlife--Rules) and 1998 c 190
s 120, 1987 c 506 s 63, & 1980 c 78 s 78; and
(8) RCW
77.32.420 (Recreational licenses--Nontransferable--Enforcement
provisions) and 2000 c 107 s 272, 1998 c 191 s 4, 1993 sp.s. c 17 s 8, 1989 c
305 s 12, 1987 c 87 s 7, 1984 c 80 s 8, 1983 1st ex.s. c 46 s 98, 1980 c 78 s
135, & 1977 ex.s. c 327 s 15.
