BILL REQ. #:  S-0433.1 

Read first time 01/11/2007.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to inspections and sampling of fish, wildlife, and shellfish by department of fish and wildlife employees; amending RCW 77.15.360; adding a new section to chapter 77.12 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 intends that inspections of facilities and vessels and sampling of fish, wildlife, and shellfish by department of fish and wildlife employees will ensure the conservation and management of fish, shellfish, and wildlife. Because the harvest of fish and wildlife is regulated by the department of fish and wildlife, the legislature finds that inspections and sampling by departmental employees will benefit the resource. The legislature further finds that inspection and sampling will further the department of fish and wildlife's research related to fish, wildlife, and shellfish.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.12 RCW to read as follows:
     Department employees, in carrying out their duties under this title, may:
     (1) Inspect all fish, wildlife, and shellfish taken or possessed in the field or state waters;
     (2) Inspect at a reasonable time and in a reasonable manner fish, wildlife, and shellfish stored at a processing plant or locker plant or other facility open for commercial purposes;
     (3) Collect samples of tissue, fluids, or other bodily parts of fish, wildlife, or shellfish;
     (4) Board vessels in state waters engaged in commercial harvest activities to inspect fish or shellfish, harvesting gear or devices, or harvest record data; or
     (5) Board and remain for a reasonable time as observers on board vessels that are engaged in commercial harvest operations of fish or shellfish.

Sec. 3   RCW 77.15.360 and 2000 c 107 s 243 are each amended to read as follows:
     (1) A person is guilty of unlawful interfering in department operations if the person prevents department employees from carrying out duties authorized by this title, including but not limited to interfering:
     (a) In the operation of department vehicles, vessels, or aircraft;
     (b) With the inspection of fish, wildlife, and shellfish taken or possessed in the field or stored at a facility open for commercial purposes;
     (c) With the collection of samples of tissue, fluids, or other bodily parts of fish, wildlife, and shellfish;
     (d) In the boarding of vessels engaged in recreational or commercial harvest of fish or shellfish.
     (2) Unlawful interfering in department operations is a gross misdemeanor.