CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 5227



59th Legislature
2005 Regular Session

Passed by the Senate April 23, 2005
  YEAS 43   NAYS 4


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President of the Senate
Passed by the House April 24, 2005
  YEAS 56   NAYS 40


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Speaker of the House of Representatives


CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5227 as passed by the Senate and the House of Representatives on the dates hereon set forth.


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Secretary
Approved 









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Governor of the State of Washington
FILED







Secretary of State
State of Washington


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SUBSTITUTE SENATE BILL 5227
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Passed Legislature - 2005 Regular Session
State of Washington59th Legislature2005 Regular Session

By Senate Committee on Natural Resources, Ocean & Recreation (originally sponsored by Senators Jacobsen, Doumit, Fraser and Rasmussen; by request of Department of Fish and Wildlife)

READ FIRST TIME 03/07/05.   



     AN ACT Relating to wildlife harvest reports; amending RCW 77.32.070, 77.15.280, and 77.12.170; and prescribing penalties.

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

Sec. 1   RCW 77.32.070 and 2004 c 248 s 3 are each amended to read as follows:
     (1) 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 or effort to harvest fish, shellfish, and wildlife. The reporting requirement may be waived where, for any reason, the department is not able to receive the report. The department must provide reasonable options for a licensee to submit information to a live operator prior to the reporting deadline.
     (2) The commission may, by rule, set an administrative penalty for failure to comply with rules requiring the reporting of taking or effort to harvest wildlife. The commission may also adopt rules requiring hunters who have not reported for the previous license year to complete a report and pay the assessed administrative penalty before a new hunting license is issued.
     (a) The total administrative penalty per hunter set by the commission must not exceed ten dollars.
     (b) By December 31st of each year, the department shall report the rate of hunter compliance with the harvest reporting requirement, the administrative penalty imposed for failing to report, and the amount of administrative penalties collected during that year to the appropriate fiscal and policy committees of the senate and house of representatives.

Sec. 2   RCW 77.15.280 and 1998 c 190 s 47 are each amended to read as follows:
     (1) A person is guilty of violating rules requiring reporting of fish or wildlife harvest if the person:
     (a) Fails to make a harvest log report of a commercial fish or shellfish catch in violation of any rule of the commission or the director;
     (b) Fails to maintain a trapper's report or taxidermist ledger in violation of any rule of the commission or the director;
     (c) Fails to submit any portion of a big game animal for a required inspection required by rule of the commission or the director; or
     (d) Fails to return a catch record card ((or wildlife harvest report)) to the department as required by rule of the commission or director.
     (2) Violating rules requiring reporting of fish or wildlife harvest is a misdemeanor.

Sec. 3   RCW 77.12.170 and 2004 c 248 s 4 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 assessment of administrative penalties, and 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.

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