BILL REQ. #:  H-4981.1 

READ FIRST TIME 02/09/04.   

     AN ACT Relating to the department of fish and wildlife's authority to allocate certain moneys; amending RCW 77.12.177; and adding a new section to chapter 77.12 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 77.12.177 and 2001 c 253 s 16 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 RCW 77.65.490; 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)) shall be deposited in the fish management and research account created in section 2 of this act 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)) shall be deposited in the fish management and research account created in section 2 of this act. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.
     (8) Moneys received by the department from the forfeiture of coastal groundfish in excess of vessel trip or cumulative limits shall be deposited in the fish management and research account created in section 2 of this act. Allocations under this subsection shall be made only for coastal groundfish management and research.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.12 RCW to read as follows:
     The fish management and research account is created in the custody of the state treasurer. Revenues to the account are received by the department under RCW 77.12.177 (4), (7), and (8). Expenditures from this account may be made only for purposes for which the moneys were received. Only the director of the department or the director's designee has authority to make expenditures from the account, and no appropriation is required for expenditure.