SSB 6644 -
By Committee on Agriculture & Natural Resources
NOT CONSIDERED 03/11/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 77.32 RCW
to read as follows:
(1) A falconry permit is required for any resident to practice
falconry as authorized by rule of the department. A falconry permit
costs one hundred dollars and is valid for two years.
(2) The department may not impose a fee for a falconry permit:
(a) Until the fee charged for the issuance of a substantially
similar permit by the United States fish and wildlife service on the
effective date of this section has been discontinued; or
(b) In any period when the United States fish and wildlife service
charges a fee for the issuance of a substantially similar permit.
NEW SECTION. Sec. 2 A new section is added to chapter 77.32 RCW
to read as follows:
(1) A nonresident may practice falconry in the state if the person
is in possession of a valid permit to practice falconry issued by their
state, tribe, or country of residence.
(2) A nonresident must purchase any applicable recreational
licenses, permits, or tags required under this chapter in order to hunt
with a raptor.
(3) A nonresident raptor capture permit is required for any
nonresident to capture raptors in the state as authorized by rule of
the department. The fee for a permit is: Five hundred dollars for a
peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or
goshawk (Accipiter gentilis); and two hundred fifty dollars for any
other raptor authorized for capture by the department. A nonresident
raptor capture permit is valid for one year.
NEW SECTION. Sec. 3 A new section is added to chapter 77.32 RCW
to read as follows:
The department must deposit any fees collected from the sale of
falconry permits under section 1 of this act and nonresident raptor
capture permits under section 2 of this act into the state wildlife
account created in RCW 77.12.170. Such amounts must be used
exclusively for the administration and management of falconry.
Sec. 4 RCW 77.08.010 and 2009 c 333 s 12 are each amended to read
as follows:
The definitions in this section apply throughout this title or
rules adopted under this title unless the context clearly requires
otherwise.
(1) "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.
(2) "Aquatic invasive species" means any invasive, prohibited,
regulated, unregulated, or unlisted aquatic animal or plant species as
defined under subsections (3), (28), (40), (44), (58), and (59) 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).
(3) "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.
(4) "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.
(5) "Closed area" means a place where the hunting of some or all
species of wild animals or wild birds is prohibited.
(6) "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.
(7) "Closed waters" means all or part of a lake, river, stream, or
other body of water, where fishing or harvesting is prohibited.
(8) "Commercial" means related to or connected with buying,
selling, or bartering.
(9) "Commission" means the state fish and wildlife commission.
(10) "Concurrent waters of the Columbia river" means those waters
of the Columbia river that coincide with the Washington-Oregon state
boundary.
(11) "Contraband" means any property that is unlawful to produce or
possess.
(12) "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.
(13) "Department" means the department of fish and wildlife.
(14) "Director" means the director of fish and wildlife.
(15) "Endangered species" means wildlife designated by the
commission as seriously threatened with extinction.
(16) "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.
(17) "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.
(18) "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.
(19) "Fish broker" means a person whose business it is to bring a
seller of fish and shellfish and a purchaser of those fish and
shellfish together.
(20) "Fishery" means the taking of one or more particular species
of fish or shellfish with particular gear in a particular geographical
area.
(21) "Freshwater" means all waters not defined as saltwater
including, but not limited to, rivers upstream of the river mouth,
lakes, ponds, and reservoirs.
(22) "Fur-bearing animals" means game animals that shall not be
trapped except as authorized by the commission.
(23) "Game animals" means wild animals that shall not be hunted
except as authorized by the commission.
(24) "Game birds" means wild birds that shall not be hunted except
as authorized by the commission.
(25) "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.
(26) "Game reserve" means a closed area where hunting for all wild
animals and wild birds is prohibited.
(27) "Illegal items" means those items unlawful to be possessed.
(28) "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.
(29) "License year" means the period of time for which a
recreational license is valid. The license year begins April 1st, and
ends March 31st.
(30) "Limited-entry license" means a license subject to a license
limitation program established in chapter 77.70 RCW.
(31) "Money" means all currency, script, personal checks, money
orders, or other negotiable instruments.
(32) "Nonresident" means a person who has not fulfilled the
qualifications of a resident.
(33) "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.
(34) "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.
(35) "Owner" means the person in whom is vested the ownership
dominion, or title of the property.
(36) "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.
(37) "Personal property" or "property" includes both corporeal and
incorporeal personal property and includes, among other property,
contraband and money.
(38) "Personal use" means for the private use of the individual
taking the fish or shellfish and not for sale or barter.
(39) "Predatory birds" means wild birds that may be hunted
throughout the year as authorized by the commission.
(40) "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.
(41) "Protected wildlife" means wildlife designated by the
commission that shall not be hunted or fished.
(42) "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.
(43) "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.
(44) "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.
(45) "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.
(46) "Retail-eligible species" means commercially harvested salmon,
crab, and sturgeon.
(47) "Saltwater" means those marine waters seaward of river mouths.
(48) "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.
(49) "Senior" means a person seventy years old or older.
(50) "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.
(51) "State waters" means all marine waters and fresh waters within
ordinary high water lines and within the territorial boundaries of the
state.
(52) "To fish," "to harvest," and "to take," and their derivatives
means an effort to kill, injure, harass, or catch a fish or shellfish.
(53) "To hunt" and its derivatives means an effort to kill, injure,
capture, or harass a wild animal or wild bird.
(54) "To process" and its derivatives mean preparing or preserving
fish, wildlife, or shellfish.
(55) "To trap" and its derivatives means a method of hunting using
devices to capture wild animals or wild birds.
(56) "Trafficking" means offering, attempting to engage, or
engaging in sale, barter, or purchase of fish, shellfish, wildlife, or
deleterious exotic wildlife.
(57) "Unclaimed" means that no owner of the property has been
identified or has requested, in writing, the release of the property to
themselves nor has the owner of the property designated an individual
to receive the property or paid the required postage to effect delivery
of the property.
(58) "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.
(59) "Unregulated aquatic animal species" means a nonnative animal
species that has been classified as an unregulated aquatic animal
species by the commission.
(60) "Wholesale fish dealer" means a person who, acting for
commercial purposes, takes possession or ownership of fish or shellfish
and sells, barters, or exchanges or attempts to sell, barter, or
exchange fish or shellfish that have been landed into the state of
Washington or entered the state of Washington in interstate or foreign
commerce.
(61) "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.
(62) "Wild birds" means those species of the class Aves whose
members exist in Washington in a wild state.
(63) "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.
(64) "Youth" means a person fifteen years old for fishing and under
sixteen years old for hunting.
(65) "Falconry" means the capture or attempt to capture,
possession, transfer, use, or disposition of a raptor for the purpose
of hunting or free flight training.
(66) "Raptor" means a migratory bird of the Order Falconiformes or
the Order Strigiformes that has been designated as a raptor by rule of
the department."
Correct the title.