BILL REQ. #:  H-5026.3 

READ FIRST TIME 02/05/08.   

     AN ACT Relating to the organization of definitions in Title 77 RCW; amending RCW 77.12.047, 77.12.220, 77.12.852, 77.12.856, 77.12.860, 77.60.130, 77.65.400, 77.70.370, and 77.36.010; reenacting and amending RCW 77.08.010; creating new sections; and repealing RCW 77.08.045, 77.08.022, 77.12.850, 77.32.007, 77.36.010, 77.44.007, 77.95.050, and 77.125.020.

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

NEW SECTION.  Sec. 1   The legislature finds that over time the definitions that are used in Title 77 RCW have become dispersed throughout the title and are no longer easily accessible in one central location. The legislature further finds that collecting the definitions applicable to the entire title in one central, alphabetized section is a small step in the direction of good government in that it allows for easier location and understanding of the meaning of terms used in the title. It is the intent of the legislature to relocate, without making substantive changes, the location of terms found throughout Title 77 RCW into one central location, and to alphabetize that section, unless the unique construction of an existing chapter or section renders relocation inconsistent with the intent of this act. It is not the intent of the legislature for a definition to be given a different or additional meaning solely due to the act of moving it to a central location.

NEW SECTION.  Sec. 2   The code reviser is directed to put the defined terms in RCW 77.08.010 in alphabetical order.

Sec. 3   RCW 77.08.010 and 2007 c 350 s 2 and 2007 c 254 s 1 are each reenacted and amended to read as follows:
     ((As used in)) The definitions in this section apply throughout this title or rules adopted under this title((,)) unless the context clearly requires otherwise((:)).
     (1) "Director" means the director of the department 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) "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.
     (28) "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.
     (29) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.
     (30) "Senior" means a person seventy years old or older.
     (31) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.
     (32) "Saltwater" means those marine waters seaward of river mouths.
     (33) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
     (34) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
     (35) "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.
     (36) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
     (37) "Resident" means:
     (a) 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; and
     (b) A person age eighteen or younger who does not qualify as a resident under (a) of this subsection, but who has a parent that qualifies as a resident under (a) of this subsection.
     (38) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
     (39) "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.
     (40) "Commercial" means related to or connected with buying, selling, or bartering.
     (41) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.
     (42) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.
     (43) "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.
     (44) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.
     (45) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.
     (46) "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.
     (47) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
     (48) "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.
     (49) "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.
     (50) "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.
     (51) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.
     (52) "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.
     (53) "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.
     (54) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.
     (55) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under subsections (48) through (53) of this section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).
     (56) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.
     (57) "Aquatic farmer" means a private sector person who commercially farms and manages private sector cultured aquatic products on the person's own land or on land in which the person has a present right of possession.
     (58) "Aquatic nuisance species" means a nonnative aquatic plant or animal species that threatens the diversity or abundance of native species, the ecological stability of infested waters, or commercial, agricultural, or recreational activities dependent on such waters.
     (59) "Big game" has the meaning provided in RCW 77.08.030.
     (60) "Contract" means, when applied to chapter 77.44 RCW, an agreement setting at a minimum, price, quantity of fish to be delivered, time of delivery, and fish health requirements.
     (61) "Emerging commercial fishery" means the commercial taking of a newly classified species of food fish or shellfish, the commercial taking of a classified species with gear not previously used for that species, or the commercial taking of a classified species in an area from which that species has not previously been commercially taken.
     (62) "Enhancement project" means, when used in chapter 77.95 RCW, salmon propagation activities including, but not limited to, hatcheries, spawning channels, rearing ponds, egg boxes, fishways, fish screens, stream bed clearing, erosion control, habitat restoration, net pens, applied research projects, and any equipment, real property, or other interest necessary to the proper operation thereof.
     (63) "Exclusive economic zone" means that zone defined in the federal fishery conservation and management act (16 U.S.C. Sec. 1802) as of January 1, 1995, or as of a subsequent date adopted by rule of the director.
     (64) "Fish health requirements" means those site-specific fish health and genetic requirements actually used by the department in fish stocking.
     (65) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that have been classified and that shall not be fished for except as authorized by rule of the commission. "Food fish" includes all stages of development and the bodily parts of food fish species.
     (66) "Game fish" has the meaning provided in RCW 77.08.020.
     (67) "Immediate family member" means a spouse, brother, sister, grandparent, parent, child, or grandchild.
     (68) "Local government" means any city, town, county, special district, municipal corporation, or quasi-municipal corporation.
     (69) "Marine aquatic farming location" means a complete complex that may be composed of various marine enclosures, net pens, or other rearing vessels, food handling facilities, or other facilities related to the rearing of Atlantic salmon or other fin fish in marine waters. A marine aquatic farming location is distinguished from the individual facilities that collectively compose the location.
     (70) "Migratory bird" means migratory waterfowl and coots, snipe, doves, and band-tailed pigeons.
     (71) "Migratory bird stamp" means the stamp that is required by RCW 77.32.350 to be in the possession of all persons to hunt migratory birds.
     (72) "Migratory waterfowl" means members of the family Anatidae, including brants, ducks, geese, and swans.
     (73) "Migratory waterfowl art committee" means the committee created by RCW 77.12.680. The committee's primary function is to select the annual migratory bird stamp design.
     (74) "Ocean pink shrimp" means the species Pandalus jordani.
     (75) "Prints and artwork" means replicas of the original stamp design that are sold to the general public. Prints and artwork are not to be construed to be the migratory bird stamp that is required by RCW 77.32.350. Artwork may be any facsimile of the original stamp design, including color renditions, metal duplications, or any other kind of design.
     (76) "Salmon" has the meaning provided in RCW 77.08.024.
     (77) "Salmon stamp" means the stamp created under the Washington salmon stamp program and the Washington junior salmon stamp program, created in RCW 77.12.850 through 77.12.860.
     (78) "Salmon stamp selection committee" means the salmon stamp selection committee created in RCW 77.12.856.
     (79) "Special hunting season" means a hunting season established by rule of the commission for the purpose of taking specified wildlife under a special hunting permit.
     (80) "Warm water game fish" includes the following species: Bass, channel catfish, walleye, crappie, and other species as identified by the department.

Sec. 4   RCW 77.12.047 and 2001 c 253 s 14 are each amended to read as follows:
     (1) The commission may adopt, amend, or repeal rules as follows:
     (a) Specifying the times when the taking of wildlife, fish, or shellfish is lawful or unlawful.
     (b) Specifying the areas and waters in which the taking and possession of wildlife, fish, or shellfish is lawful or unlawful.
     (c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take wildlife, fish, or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed.
     (d) Regulating the importation, transportation, possession, disposal, landing, and sale of wildlife, fish, shellfish, or seaweed within the state, whether acquired within or without the state.
     (e) Regulating the prevention and suppression of diseases and pests affecting wildlife, fish, or shellfish.
     (f) Regulating the size, sex, species, and quantities of wildlife, fish, or shellfish that may be taken, possessed, sold, or disposed of.
     (g) Specifying the statistical and biological reports required from fishers, dealers, boathouses, or processors of wildlife, fish, or shellfish.
     (h) Classifying species of marine and freshwater life as food fish or shellfish.
     (i) Classifying the species of wildlife, fish, and shellfish that may be used for purposes other than human consumption.
     (j) Regulating the taking, sale, possession, and distribution of wildlife, fish, shellfish, or deleterious exotic wildlife.
     (k) Establishing game reserves and closed areas where hunting for wild animals or wild birds may be prohibited.
     (l) Regulating the harvesting of fish, shellfish, and wildlife in the federal exclusive economic zone by vessels or individuals registered or licensed under the laws of this state.
     (m) Authorizing issuance of permits to release, plant, or place fish or shellfish in state waters.
     (n) Governing the possession of fish, shellfish, or wildlife so that the size, species, or sex can be determined visually in the field or while being transported.
     (o) Other rules necessary to carry out this title and the purposes and duties of the department.
     (2) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to private tideland owners and lessees and the immediate family members of the owners or lessees of state tidelands, when they take or possess oysters, clams, cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use.
     (("Immediate family member" for the purposes of this section means a spouse, brother, sister, grandparent, parent, child, or grandchild.))
     (3) Except for subsection (1)(g) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020. Subsection (1)(g) of this section does apply to such products.

Sec. 5   RCW 77.12.220 and 2000 c 107 s 219 are each amended to read as follows:
     (1) For purposes of this title, the commission may make agreements to obtain real or personal property or to transfer or convey property held by the state to the United States or its agencies or instrumentalities, units of local government of this state, public service companies, or other persons, if in the judgment of the commission and the attorney general the transfer and conveyance is consistent with public interest. ((For purposes of this section, "local government" means any city, town, county, special district, municipal corporation, or quasi-municipal corporation.))
     (2) If the commission agrees to a transfer or conveyance under this section or to a sale or return of real property under RCW 77.12.210, the director shall certify, with the attorney general, to the governor that the agreement has been made. The certification shall describe the real property. The governor then may execute and the secretary of state attest and deliver to the appropriate entity or person the instrument necessary to fulfill the agreement.

Sec. 6   RCW 77.12.852 and 1999 c 342 s 3 are each amended to read as follows:
     (1) The Washington salmon stamp program is created in the department. The purpose of the program is the creation of a stamp that will portray a salmonid species native to Washington and will be used for stamps, prints, and posters that can be sold in a wide range of prices and editions to appeal to citizens and collectors interested in supporting salmon restoration. The proceeds from the sale of the ((Washington)) salmon stamp shall be used for protection, preservation, and restoration of salmonid habitat in Washington.
     (2) Every year the department will announce competition, open to all Washington artists, for the creation of the year's ((Washington)) salmon stamp. The department will market the salmon stamp and prints through a wide distribution method including web sites, license sites, and at public events.
     (3) The winning artist will receive a monetary award and a certain number of artist proof prints.

Sec. 7   RCW 77.12.856 and 1999 c 342 s 5 are each amended to read as follows:
     The salmon stamp selection committee is created. The selection committee is comprised of five individuals selected by the governor who will judge and select the winning entrant for the Washington salmon stamp program and Washington junior salmon stamp program. The governor will select names from a collection of names forwarded from the department and from the state arts commission in the following categories: Artist, not competing in the salmon stamp program; art collector; fish biologist; printer; and public school teacher.

Sec. 8   RCW 77.12.860 and 1999 c 342 s 7 are each amended to read as follows:
     The department is granted the authority to establish by rule the method for selecting appropriate designs for the ((Washington)) salmon stamp program and ((Washington)) junior salmon stamp program. The stamp shall be designed and produced in accordance with department rules.

Sec. 9   RCW 77.60.130 and 2007 c 341 s 59 are each amended to read as follows:
     (1) The aquatic nuisance species committee is created for the purpose of fostering state, federal, tribal, and private cooperation on aquatic nuisance species issues. The mission of the committee is to minimize the unauthorized or accidental introduction of nonnative aquatic species and give special emphasis to preventing the introduction and spread of aquatic nuisance species. ((The term "aquatic nuisance species" means a nonnative aquatic plant or animal species that threatens the diversity or abundance of native species, the ecological stability of infested waters, or commercial, agricultural, or recreational activities dependent on such waters.))
     (2) The committee consists of representatives from each of the following state agencies: Department of fish and wildlife, department of ecology, department of agriculture, department of health, department of natural resources, Puget Sound partnership, state patrol, state noxious weed control board, and Washington sea grant program. The committee shall encourage and solicit participation by: Federally recognized tribes of Washington, federal agencies, Washington conservation organizations, environmental groups, and representatives from industries that may either be affected by the introduction of an aquatic nuisance species or that may serve as a pathway for their introduction.
     (3) The committee has the following duties:
     (a) Periodically revise the state of Washington aquatic nuisance species management plan, originally published in June 1998;
     (b) Make recommendations to the legislature on statutory provisions for classifying and regulating aquatic nuisance species;
     (c) Recommend to the state noxious weed control board that a plant be classified under the process designated by RCW 17.10.080 as an aquatic noxious weed;
     (d) Coordinate education, research, regulatory authorities, monitoring and control programs, and participate in regional and national efforts regarding aquatic nuisance species;
     (e) Consult with representatives from industries and other activities that may serve as a pathway for the introduction of aquatic nuisance species to develop practical strategies that will minimize the risk of new introductions; and
     (f) Prepare a biennial report to the legislature with the first report due by December 1, 2001, making recommendations for better accomplishing the purposes of this chapter, and listing the accomplishments of this chapter to date.
     (4) The committee shall accomplish its duties through the authority and cooperation of its member agencies. Implementation of all plans and programs developed by the committee shall be through the member agencies and other cooperating organizations.

Sec. 10   RCW 77.65.400 and 2000 c 107 s 52 are each amended to read as follows:
     (1) The director may by rule designate a fishery as an emerging commercial fishery. The director shall include in the designation whether the fishery is one that requires a vessel.
     (2) (("Emerging commercial fishery" means the commercial taking of a newly classified species of food fish or shellfish, the commercial taking of a classified species with gear not previously used for that species, or the commercial taking of a classified species in an area from which that species has not previously been commercially taken.)) Any species of food fish or shellfish commercially harvested in Washington ((state)) as of June 7, 1990, may be designated as a species in an emerging commercial fishery, except that no fishery subject to a license limitation program in chapter 77.70 RCW may be designated as an emerging commercial fishery.
     (3) A person shall not take food fish or shellfish in a fishery designated as an emerging commercial fishery without an emerging commercial fishery license and a permit from the director. The director shall issue two types of permits to accompany emerging commercial fishery licenses: Trial fishery permits and experimental fishery permits. Trial fishery permits are governed by subsection (4) of this section. Experimental fishery permits are governed by RCW 77.70.160.
     (4) The director shall issue trial fishery permits for a fishery designated as an emerging commercial fishery unless the director determines there is a need to limit the number of participants under RCW 77.70.160. A person who meets the qualifications of RCW 77.65.040 may hold a trial fishery permit. The holder of a trial fishery permit shall comply with the terms of the permit. Trial fishery permits are not transferable from the permit holder to any other person.

Sec. 11   RCW 77.70.370 and 1998 c 190 s 109 are each amended to read as follows:
     (1) A Dungeness crab -- coastal fishery licensee shall not take Dungeness crab in the waters of the exclusive economic zone westward of the states of Oregon or California and land crab taken in those waters into Washington state unless the licensee also holds the licenses, permits, or endorsements, required by Oregon or California to land crab into Oregon or California, respectively.
     (2) This section becomes effective only upon reciprocal legislation being enacted by both the states of Oregon and California. ((For purposes of this section, "exclusive economic zone" means that zone defined in the federal fishery conservation and management act (16 U.S.C. Sec. 1802) as of January 1, 1995, or as of a subsequent date adopted by rule of the director.))

Sec. 12   RCW 77.36.010 and 1996 c 54 s 2 are each amended to read as follows:
     Unless otherwise specified, the following definitions apply throughout this chapter:
     (1) "Crop" means a commercially raised horticultural and/or agricultural product and includes growing or harvested product but does not include livestock. For the purposes of this chapter all parts of horticultural trees shall be considered a crop and shall be eligible for claims.
     (2) "Emergency" means an unforeseen circumstance beyond the control of the landowner or tenant that presents a real and immediate threat to crops, domestic animals, or fowl.
     (3) "Immediate family member" ((means spouse, brother, sister, grandparent, parent, child, or grandchild)) has the same meaning as defined in RCW 77.08.010.

NEW SECTION.  Sec. 13   The following acts or parts of acts are each repealed:
     (1) RCW 77.08.045 (Migratory waterfowl terms defined) and 1998 c 191 s 31, 1987 c 506 s 12, & 1985 c 243 s 2;
     (2) RCW 77.08.022 ("Food fish" defined) and 2000 c 107 s 208;
     (3) RCW 77.12.850 (Definitions) and 1999 c 342 s 2;
     (4) RCW 77.32.007 ("Special hunting season" defined) and 1984 c 240 s 8;
     (5) RCW 77.36.010 (Definitions) and 1996 c 54 s 2;
     (6) RCW 77.44.007 (Definitions) and 2000 c 107 s 262, 1993 sp.s. c 2 s 76, & 1991 c 253 s 2;
     (7) RCW 77.95.050 ("Enhancement project" defined) and 1985 c 458 s 6; and
     (8) RCW 77.125.020 (Marine aquatic farming location -- Defined) and 2001 c 86 s 2.