_______________________________________________
SECOND
SUBSTITUTE SENATE BILL 6353
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 2002 Regular Session
State of Washington 57th
Legislature 2002 Regular Session
By
READ
FIRST TIME 02/12/2002.
Concerning the use of migratory bird stamp and migratory
bird validation fees.
AN
ACT Relating to migratory bird stamps; and amending RCW 77.32.350 and
77.12.670.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
77.32.350 and 2000 c 107 s 270 are each amended to read as follows:
In
addition to a small game hunting license, a supplemental permit or stamp is
required to hunt for western Washington pheasant or migratory birds.
(1)
A western Washington pheasant permit is required to hunt for pheasant in
western Washington. Western Washington pheasant permits must contain numbered
spaces for recording the location and date of harvest of each western
Washington pheasant.
(2)
The permit shall be available as a season option, a youth full season option,
or a three-day option. The fee for this permit is:
(a)
For the resident and nonresident full season option, thirty-six dollars;
(b)
For the youth full season option, eighteen dollars;
(c)
For the three-day option, twenty dollars.
(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.
(4)
The migratory bird stamp shall be validated by the signature of the licensee
written across the face of the stamp)) A migratory bird
validation is required for all persons sixteen years of age or older to hunt
migratory birds. The fee for the validation for hunters is ten dollars for
residents and nonresidents. The fee for the stamp for collectors is ten
dollars.
(4)
The migratory bird license must be validated at the time of signature of the
licensee.
Sec.
2. RCW
77.12.670 and 1998 c 191 s 32 are each amended to read as follows:
(1)
The migratory 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)) migratory bird license
validations or 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. Migratory bird license validation and
stamp funds may not be used on lands controlled by private hunting clubs or on
private lands that charge a fee for public access. Migratory bird license
validation and stamp funds may be used for migratory waterfowl projects on
private land where public hunting is provided by written permission or on areas
established by the department as waterfowl hunting closures.
(3)
All revenue derived from the sale of the license validation and 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 license validation and 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)) ensure 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)) ensure 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, but
may not charge a fee for access.
(6)
The department may produce migratory 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.
