READ FIRST TIME 02/05/04.   

     AN ACT Relating to personal use licenses for shellfish harvest; and amending RCW 77.32.520, 77.32.555, 77.32.070, and 77.12.170.

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

Sec. 1   RCW 77.32.520 and 2000 c 107 s 27 are each amended to read as follows:
     (1) A personal use shellfish and seaweed license is required for all persons other than residents or nonresidents under fifteen years of age to fish for, take, dig for, or possess seaweed or shellfish, including razor clams, for personal use from state waters or offshore waters including national park beaches.
     (2) A razor clam license allows a person to harvest only razor clams for personal use from state waters, including national park beaches.
     (3) The fees for annual personal use shellfish and seaweed licenses are:
     (a) For a resident fifteen years of age or older, seven dollars;
     (b) For a nonresident fifteen years of age or older, twenty dollars; and
     (c) For a senior, five dollars.
     (((3) The license fee for a two-day personal use shellfish and seaweed license is six dollars for residents or nonresidents fifteen years of age or older.))
     (4) The fee for an annual razor clam license is five dollars and fifty cents for residents and eleven dollars for nonresidents.
     (5) The fee for a three-day razor clam license is three dollars and fifty cents for both residents and nonresidents.
     (6) A personal use shellfish and seaweed license ((shall)) or razor clam license must be visible on the licensee while harvesting shellfish or seaweed.

Sec. 2   RCW 77.32.555 and 2003 c 263 s 2 are each amended to read as follows:
     In addition to the fees authorized in this chapter, the department shall include a surcharge to fund biotoxin testing and monitoring by the department of health of beaches used for recreational shellfishing, and to fund monitoring by the Olympic region harmful algal bloom program of the Olympic natural resources center at the University of Washington. A surcharge of three dollars applies to resident and nonresident shellfish and seaweed licenses as authorized by RCW 77.32.520(((2))) (3) (a) and (b); ((and)) a surcharge of two dollars applies to resident and nonresident adult combination licenses as authorized by RCW 77.32.470(2)(a); a surcharge of two dollars applies to annual resident and nonresident razor clam licenses as authorized by RCW 77.32.520(4); and a surcharge of one dollar applies to the three-day razor clam license authorized by RCW 77.32.520(5). Amounts collected from these surcharges must be deposited in the general fund -- local account managed by the department of health, except that one hundred fifty thousand dollars per year shall be deposited in the general fund--local account managed by the University of Washington.
     Amounts in excess of the annual costs of the department of health recreational shellfish testing and monitoring program shall be transferred to the general fund by the department of health.

Sec. 3   RCW 77.32.070 and 1998 c 191 s 11 are each amended to read as follows:
     Applicants for a license, permit, tag, or stamp shall furnish the information required by the director. However, the director may not require the purchaser of a razor clam license under RCW 77.32.520 to provide any personal information except for proof of residency. The commission may adopt rules requiring licensees or permittees to keep records and make reports concerning the taking of fish, shellfish, and wildlife.

Sec. 4   RCW 77.12.170 and 2003 c 317 s 3 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 required by chapter 77.32 RCW and RCW 77.65.490, except annual resident adult saltwater and all annual razor clam and 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;
     (h) Excise tax on anadromous game fish collected under chapter 82.27 RCW;
     (i) The sale of personal property seized by the department for fish, shellfish, or wildlife violations;
     (j) The department's share of revenues from auctions and raffles authorized by the commission; and
     (k) The sale of watchable wildlife decals under RCW 77.32.560.
     (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.