BILL REQ. #:  H-1242.2 

Read first time 02/07/2005.   Referred to Committee on Natural Resources, Ecology & Parks.

     AN ACT Relating to toxic shot; amending RCW 77.08.010 and 77.12.320; adding a new section to chapter 77.15 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds that hunting plays an important role in the cultural and natural heritage of Washington, as well as providing family recreational opportunities, economic development in rural communities, and tools for the state's wildlife managers. The legislature also finds that hunters and other outdoor sports enthusiasts play a critical role in wildlife conservation efforts and the sound stewardship of the state's wildlife resources. However, the use of shotgun shells that contain lead poses a threat to the very habitat on which many wildlife species depend, including game species. The lead in the shot is a toxic material that, when dispersed across a habitat, can contaminate the state's waters and poison its wildlife. The legislature further finds that the role of the hunting community in conservation should continue to be supported and encouraged without diminishing hunting opportunities. To support this goal, the use of the most toxic substances should gradually be phased out of use on Washington's state-owned lands.

Sec. 2   RCW 77.08.010 and 2003 c 387 s 1 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, 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 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.
     (42) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.
     (43) "Personal use" means for the private use of the individual taking the 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 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.
     (49) "Invasive species" means a plant species or a nonnative animal species that either:
     (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;
     (b) Threatens or may threaten natural resources or their use in the state;
     (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or
     (d) Threatens or harms human health.
     (50) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission.
     (51) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission.
     (52) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.
     (53) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission.
     (54) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.
     (55) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.
     (56) "Toxic shot" means shot ammunition, either packaged in shells or loose, that contains more than one percent, by weight, of lead, unless there is no alternative on the market for the specific size or type of shot.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.15 RCW to read as follows:
     (1) Beginning January 1, 2006, it is unlawful to possess or use toxic shot on any land owned by the state that is located in department game management units four, five, or six.
     (2) Beginning January 1, 2007, it is unlawful to possess or use toxic shot on any land owned by the state that is located in department game management units one, two, or three.
     (3) Beginning January 1, 2008, it is unlawful to use toxic shot when hunting with a license issued by the department under chapter 77.32 RCW.
     (4) A violation of this section is a natural resources infraction under chapter 7.84 RCW.
     (5) For the purposes of this section, the boundaries of all department game management units are defined as they were created by the department and as they existed on the effective date of this section.

Sec. 4   RCW 77.12.320 and 2001 c 253 s 19 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)(a) 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.
     (b) The director may adopt rules governing the conduct of persons in or on the real property.
     (c) If the owner or lessee of the property provided under this subsection receives direct or indirect compensation by the department for the use of the property, then after January 1, 2007, the use of toxic shot is forbidden on that property by any person with permission to access the property through a written agreement with the department. A violation of this section is a natural resources infraction under chapter 7.84 RCW.
     (3) The director may accept compensation for fish, shellfish, and wildlife losses or gifts or grants of personal property for use by the department.