CERTIFICATION OF ENROLLMENT

HOUSE BILL 1077

Chapter 293, Laws of 2007

60th Legislature
2007 Regular Session



SENSITIVE FISH AND WILDLIFE DATA--DISCLOSURE



EFFECTIVE DATE: 07/22/07

Passed by the House April 16, 2007
  Yeas 94   Nays 1

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 9, 2007
  Yeas 37   Nays 9


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1077 as passed by the House of Representatives and the Senate on the dates hereon set forth.


RICHARD NAFZIGER
________________________________________    
Chief Clerk
Approved May 2, 2007, 3:15 p.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
May 3, 2007







Secretary of State
State of Washington


_____________________________________________ 

HOUSE BILL 1077
_____________________________________________

AS AMENDED BY THE SENATE

Passed Legislature - 2007 Regular Session
State of Washington60th Legislature2007 Regular Session

By Representatives Blake and Kretz

Read first time 01/10/2007.   Referred to Committee on State Government & Tribal Affairs.



     AN ACT Relating to the public disclosure of sensitive fish and wildlife data; amending RCW 42.56.430; and adding a new section to chapter 77.12 RCW.

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

Sec. 1   RCW 42.56.430 and 2005 c 274 s 423 are each amended to read as follows:
     The following information relating to fish and wildlife is exempt from disclosure under this chapter:
     (1) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data, however, this information may be released to government agencies concerned with the management of fish and wildlife resources;
     (2) Sensitive fish and wildlife data ((obtained)). Sensitive fish and wildlife data may be released to the following entities and their agents for fish, wildlife, land management purposes, or scientific research needs: Government agencies, public utilities, and accredited colleges and universities. Sensitive fish and wildlife data may be released to tribal governments. Sensitive fish and wildlife data may also be released to the owner, lessee, or right-of-way or easement holder of the private land to which the data pertains. The release of sensitive fish and wildlife data may be subject to a confidentiality agreement, except upon release of sensitive fish and wildlife data to the owner, lessee, or right-of-way or easement holder of private land who initially provided the data. Sensitive fish and wildlife data does not include data related to reports of predatory wildlife as specified in section 2 of this act. Sensitive fish and wildlife data must meet at least one of the following criteria of this subsection as applied by the department of fish and wildlife((, however, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. As used in this subsection, sensitive wildlife data includes)):
     (a) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;
     (b) Radio frequencies used in, or locational data generated by, telemetry studies; or
     (c) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:
     (i) The species has a known commercial or black market value;
     (ii) There is a history of malicious take of that species and the species behavior or ecology renders it especially vulnerable; ((or))
     (iii) There is a known demand to visit, take, or disturb((, and the species behavior or ecology renders it especially vulnerable)) the species; or
     (iv) The species has an extremely limited distribution and concentration; and
     (3) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag; however, the department of fish and wildlife may disclose personally identifying information to:
     (a) Government agencies concerned with the management of fish and wildlife resources;
     (b) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and
     (c) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.12 RCW to read as follows:
     The department shall post on its internet web site all reported predatory wildlife interactions, including reported human safety confrontations or sightings as well as the known details of reported depredations by predatory wildlife on humans, pets, or livestock, within ten days of receiving the report. The posted material must include, but is not limited to, the location and time, the known details, and a running summary of such reported interactions by identified specie and interaction type within each affected county. For the purposes of this section and RCW 42.56.430, "predatory wildlife" means grizzly bears, wolves, and cougars.


         Passed by the House April 16, 2007.
         Passed by the Senate April 9, 2007.
         Approved by the Governor May 2, 2007.
         Filed in Office of Secretary of State May 3, 2007.