BILL REQ. #:  S-1760.4 

READ FIRST TIME 02/25/09.   

     AN ACT Relating to the governance of the department of fish and wildlife; amending RCW 77.04.012, 77.04.020, 77.04.030, 77.04.040, 77.04.055, 77.04.060, 77.04.080, 77.04.090, 77.04.130, 77.04.140, 77.04.150, 77.08.010, 77.08.020, 77.08.022, 77.08.030, 77.12.010, 77.12.020, 77.12.035, 77.12.037, 77.12.045, 77.12.047, 77.12.140, 77.12.150, 77.12.152, 77.12.177, 77.12.210, 77.12.220, 77.12.275, 77.12.285, 77.12.320, 77.12.323, 77.12.325, 77.12.330, 77.12.420, 77.12.455, 77.12.560, 77.12.570, 77.12.722, 77.12.760, 77.12.800, 77.12.875, 77.12.878, 77.15.005, 77.15.020, 77.15.050, 77.15.065, 77.15.070, 77.15.085, 77.15.096, 77.15.098, 77.15.120, 77.15.130, 77.15.140, 77.15.160, 77.15.190, 77.15.245, 77.15.250, 77.15.253, 77.15.280, 77.15.290, 77.15.330, 77.15.340, 77.15.370, 77.15.380, 77.15.400, 77.15.410, 77.15.425, 77.15.430, 77.15.530, 77.15.554, 77.15.580, 77.15.590, 77.15.660, 77.15.700, 77.15.710, 77.15.720, 77.18.060, 77.32.007, 77.32.025, 77.32.050, 77.32.070, 77.32.090, 77.32.155, 77.32.237, 77.32.238, 77.32.370, 77.32.400, 77.32.430, 77.32.440, 77.32.450, 77.32.470, 77.32.500, 77.32.525, 77.32.530, 77.32.535, 77.32.550, 77.32.560, 77.32.565, 77.36.020, 77.50.010, 77.50.020, 77.50.040, 77.50.050, 77.50.070, 77.50.090, 77.50.100, 77.50.110, 77.55.011, 77.55.191, 77.60.020, 77.60.030, 77.60.100, 77.65.420, 77.65.480, 77.65.510, 77.70.450, 77.70.460, 77.70.470, 77.75.020, 77.75.040, 77.75.100, 77.75.140, 77.85.220, 77.85.230, 77.95.010, 77.95.020, 77.95.030, 77.95.040, 77.95.060, 77.95.090, 77.95.110, 77.95.140, 77.95.200, 77.100.060, 77.100.080, 77.115.010, 9.46.010, 9.46.400, 43.17.020, 79.105.430, 79.135.320, and 79A.05.793; reenacting and amending RCW 77.12.170 and 77.12.690; adding a new section to chapter 77.04 RCW; creating new sections; repealing RCW 43.300.040 and 77.04.013; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   (1) This act makes changes to the governance of the department of fish and wildlife, including modifying the structure and role of the fish and wildlife commission and transferring certain powers and duties from the commission to the department and the director of fish and wildlife. No substantive fish and wildlife policy changes are intended.
     (2) The transfer of any authority or rule-making power from the commission to the department and the director provided for in this act does not invalidate policies or rules adopted under the authority of the commission prior to the effective date of this section.

Sec. 2   RCW 77.04.012 and 2000 c 107 s 2 are each amended to read as follows:
     Wildlife, fish, and shellfish are the property of the state. The ((commission, director, and the)) department shall preserve, protect, perpetuate, and manage the wildlife and food fish, game fish, and shellfish in state waters and offshore waters.
     The department shall conserve the wildlife and food fish, game fish, and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the fishing industry in the state. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state.
     The ((commission)) department may authorize the taking of wildlife, food fish, game fish, and shellfish only at times or places, or in manners or quantities, as in the judgment of the ((commission)) department does not impair the supply of these resources.
     The ((commission)) department shall attempt to maximize the public recreational game fishing and hunting opportunities of all citizens, including juveniles, ((disabled)) individuals with disabilities, and senior citizens.
     Recognizing that the management of our state wildlife, food fish, game fish, and shellfish resources depends heavily on the assistance of volunteers, the department shall work cooperatively with volunteer groups and individuals to achieve the goals of this title to the greatest extent possible.
     Nothing in this title shall be construed to infringe on the right of a private property owner to control the owner's private property.

Sec. 3   RCW 77.04.020 and 2000 c 107 s 202 are each amended to read as follows:
     The department consists of the ((state fish and wildlife commission and the director. The commission may delegate to the director any of the powers and duties vested in the commission)) director and department personnel.

NEW SECTION.  Sec. 4   A new section is added to chapter 77.04 RCW to read as follows:
     (1) The commission shall:
     (a) Propose policies to the department, including policies designed to ensure the development, implementation, and update of a comprehensive science-based strategy to perpetuate sustainable levels of fish and wildlife, protect fish and wildlife habitat, and preserve the state's natural resources and recreational opportunities;
     (b) Conduct or commission studies and policy analysis for the development of policy recommendations, plans, and strategies to propose to the department;
     (c) Provide for public and tribal involvement in the development of policy recommendations, plans, and strategies to propose to the department;
     (d) Review the department's implementation of policy recommendations, plans, and strategies proposed by the commission; and
     (e) Serve as a forum for public input on and discussion of issues relating to fish and wildlife management, fish and wildlife habitat, and fish and wildlife-related recreation.
     (2) The commission may appoint citizen advisory committees to assist in developing policy recommendations. Advisory committee members serve without compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (3) The commission shall provide an annual report to the governor and appropriate committees of the senate and house of representatives that includes its policy recommendations and an evaluation of the department's implementation of legislative directives and the policy recommendations, plans, and strategies proposed by the commission.
     (4) The commission may employ staff to provide administrative support to the commission in carrying out its duties under this section. The department shall provide scientific and policy support upon request of the commission.

Sec. 5   RCW 77.04.030 and 2001 c 155 s 1 are each amended to read as follows:
     (1) The fish and wildlife commission consists of ((nine)) seven registered voters of the state. ((In January of each odd-numbered year,))
     (2) The governor shall appoint commissioners, who must be registered voters, with the advice and consent of the senate ((three registered voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified)). The governor shall appoint two commissioners each January, except every third January following January 2010 the governor shall appoint three commissioners. Commissioners serve for a term of three years.
     (3) If a member is not confirmed by the senate by the end of the first full regular legislative session following the member's initial appointment, that member's position is considered vacated. The governor may remove a member who has not been confirmed by the senate during the member's current or a previous term for any reason, and may remove a confirmed member for cause. If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a registered voter within sixty days to complete the term. ((Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. Three additional members))
     (4) The governor shall appoint commissioners representing the various geographic areas of the state. Specifically, one member must reside within the boundaries of each of the six administrative regions recognized by the department on the effective date of this section. One member shall be appointed at-large. No two members may be residents of the same county.
     (5) The legal office of the commission is at the administrative office of the department in Olympia.

NEW SECTION.  Sec. 6   (1) In order to effectuate section 5 of this act, the position of each sitting fish and wildlife commission member is considered vacated on January 1, 2010.
     (2) The governor shall then appoint seven registered voters to the fish and wildlife commission, with the advice and consent of the senate, on January 1, 2010. The governor shall appoint three members for a three-year term, two members for a two-year term, and two members for a one-year term.
     (3) Nothing in this section or section 4 of this act prohibits the governor from appointing a sitting commissioner whose position is considered vacated under subsection (1) of this section as a commissioner under subsection (2) of this section.

Sec. 7   RCW 77.04.040 and 1995 1st sp.s. c 2 s 3 are each amended to read as follows:
     (1) Persons eligible for appointment as members of the commission shall ((have general knowledge of the habits and distribution of fish and wildlife and)) be knowledgeable regarding fish and wildlife management and conservation. Appointments to the commission shall not hold another state, county, or municipal elective or appointive office. ((In making these appointments, the governor shall seek to maintain a balance reflecting all aspects of fish and wildlife, including representation recommended by organized groups representing sportfishers, commercial fishers, hunters, private landowners, and environmentalists.))
     (2) Persons eligible for appointment as fish and wildlife commissioners shall comply with the provisions of chapters 42.52 and 42.17 RCW.

Sec. 8   RCW 77.04.055 and 2000 c 107 s 204 are each amended to read as follows:
     (1) ((In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:
     (a) Review and prescribe basic goals and objectives related to those policies; and
     (b) Review the performance of the department in implementing fish and wildlife policies.))
     The ((commission)) department shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.
     (2) The ((commission)) department shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.
     (3) The ((commission)) department shall establish provisions regulating food fish and shellfish as provided in RCW 77.12.047.
     (4) The ((commission)) department shall have final approval authority for tribal, interstate, international, and any other department agreements relating to fish and wildlife. However, the governor may exercise final approval authority for tribal, interstate, or international agreements relating to fish and wildlife, or delegate such approval authority to another state agency.
     (5) The ((commission)) department shall adopt rules to implement the state's fish and wildlife laws.
     (6) The ((commission)) department shall have final approval authority for the department's budget proposals.
     (7) The commission shall select its own staff ((and shall appoint the director of the department)). The ((director and)) commission staff shall serve at the pleasure of the commission.

Sec. 9   RCW 77.04.060 and 1993 sp.s. c 2 s 63 are each amended to read as follows:
     (1) The commission shall hold at least one regular meeting during the first two months of each calendar quarter, and up to two special meetings per calendar year when called by the chair and by ((five)) four members to address specific issues that require attention prior to the next regular meeting. ((Five)) Four members constitute a quorum for the transaction of business.
     (2) The ((commission at a meeting in each odd-numbered year shall elect one of its members as chairman and another member as vice chair- man, each of whom shall serve for a term of two years or until a successor is elected and qualified)) governor shall select the chair and vice-chair of the commission.
     (3) Members of the commission shall be compensated in accordance with RCW 43.03.250. In addition, members are allowed their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060.

Sec. 10   RCW 77.04.080 and 2000 c 107 s 205 are each amended to read as follows:
     (1) Persons eligible for appointment as director shall have practical knowledge of the habits and distribution of fish and wildlife.
     (2) The director must be appointed by the governor with the advice and consent of the senate, and serves at the pleasure of the governor. If the director is not confirmed by the senate by the end of the first full regular legislative session following the director's appointment, the governor shall remove the director.
     (3) The director shall supervise the administration and operation of the department and perform the duties prescribed by law ((and delegated by the commission)). The director shall carry out the basic goals and objectives prescribed under RCW 77.04.055. The director may appoint and employ necessary personnel. All powers and duties provided to the department are vested in the director. Except where specifically prohibited, the director may delegate, in writing, to department personnel the duties and powers necessary for efficient operation and administration of the department.
     (4) Only persons having general knowledge of the fisheries and wildlife resources and of the commercial and recreational fishing industry in this state are eligible for appointment as director. The director shall not have a financial interest in the recreational or commercial fishing industry or a directly related industry.
     (5) The director shall receive the salary fixed by the governor under RCW 43.03.040.
     (6) The director is ((the)) a nonvoting ex officio ((secretary)) member of the commission and shall attend its meetings ((and keep a record of its business)). The director may not delegate ex officio membership on the commission to a designee.

Sec. 11   RCW 77.04.090 and 1996 c 267 s 35 are each amended to read as follows:
     (1) The ((commission shall adopt permanent rules and amendments to or repeals of existing rules by approval of a majority of the members by resolution, entered and recorded in the minutes of the commission: PROVIDED, That the commission)) department may not adopt rules ((after July 23, 1995,)) that are based solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule. ((The commission shall adopt emergency rules by approval of a majority of the members.))
     (2) The ((commission)) department, when adopting emergency rules under RCW 77.12.150, shall adopt rules in conformance with chapter 34.05 RCW.
     (3) Judicial notice shall be taken of the rules filed and published as provided in RCW 34.05.380 and 34.05.210.
     (4) A copy of an emergency rule, certified as a true copy by ((a member of the commission,)) the director, or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.

Sec. 12   RCW 77.04.130 and 1995 1st sp.s. c 2 s 12 are each amended to read as follows:
     (1) Rules of the ((commission)) department shall be adopted by the ((commission)) director or a designee in accordance with chapter 34.05 RCW.
     (2) Rules of the ((commission)) department shall be admitted as evidence in the courts of the state when accompanied by an affidavit from the ((commission)) director or a designee certifying that the rule has been lawfully adopted and the affidavit is prima facie evidence of the adoption of the rule.
     (3) The ((commission)) director may designate department employees to act on the ((commission's)) director's behalf in the adoption and certification of rules.

Sec. 13   RCW 77.04.140 and 1995 1st sp.s. c 2 s 13 are each amended to read as follows:
     Provisions of this title or rules of the ((commission)) department shall not be printed in a pamphlet unless the pamphlet is clearly marked as an unofficial version. This section does not apply to printings approved by the ((commission)) department.

Sec. 14   RCW 77.04.150 and 2008 c 294 s 1 are each amended to read as follows:
     (1) The ((commission)) director must appoint an advisory committee to generally represent the interests of hunters and fishers with disabilities on matters including, but not limited to, special hunts, modified sporting equipment, access to public land, and hunting and fishing opportunities. The advisory committee is composed of seven members, each being an individual with a disability. The advisory committee members must represent the entire state. The members must be appointed so that each of the six department administrative regions, as they existed on January 1, 2007, are represented with one resident on the advisory committee. One additional member must be appointed at large. The chair of the advisory committee must be a member of the advisory committee and shall be selected by the members of the advisory committee.
     (2) For the purposes of this section, an individual with a disability includes but is not limited to:
     (a) An individual with a permanent disability who is not ambulatory over natural terrain without a prosthesis or assistive device;
     (b) An individual with a permanent disability who is unable to walk without the use of assistance from a brace, cane, crutch, wheelchair, scooter, walker, or other assistive device;
     (c) An individual who has a cardiac condition to the extent that the individual's functional limitations are severe;
     (d) An individual who is restricted by lung disease to the extent that the individual's functional limitations are severe;
     (e) An individual who is totally blind or visually impaired; or
     (f) An individual with a permanent disability with upper or lower extremity impairments who does not have the use of one or both upper or lower extremities.
     (3) The members of the advisory committee are appointed for a four-year term. If a vacancy occurs on the advisory committee prior to the expiration of a term, the ((commission)) director must appoint a replacement within sixty days to complete the term.
     (4) The advisory committee must meet at least semiannually, and may meet at other times as requested by a majority of the advisory committee members for any express purpose that directly relates to the duties set forth in subsection (1) of this section. A majority of members currently serving on the advisory committee constitutes a quorum. The department must provide staff support for all official advisory committee meetings.
     (5) Each member of the advisory committee shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.
     (6) The members of the advisory committee, or individuals acting on their behalf, are immune from civil liability for official acts performed in the course of their duties.
     (7) Beginning December 1, 2011, and again at least once every four years, the ((commission)) department shall present a report to the appropriate legislative committees detailing the effectiveness of the advisory committee including, but not limited to, the participation levels, general interest, quality of advice, and recommendations as to the advisory committee's continuance or modification.

NEW SECTION.  Sec. 15   Sections 5 and 9 of this act take effect January 1, 2010.

Sec. 16   RCW 77.08.010 and 2008 c 277 s 2 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 (((48) through (53))) (3), (25), (34), (38), (51), and (52) 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)) department 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)) department 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)) department as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the ((commission)) department 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) "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.
     (12) "Department" means the department of fish and wildlife.
     (13) "Director" means the director of fish and wildlife.
     (14) "Endangered species" means wildlife designated by the ((commission)) department as seriously threatened with extinction.
     (15) "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.
     (16) "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.
     (17) "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.
     (18) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.
     (19) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
     (20) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the ((commission)) department.
     (21) "Game animals" means wild animals that shall not be hunted except as authorized by the ((commission)) department.
     (22) "Game birds" means wild birds that shall not be hunted except as authorized by the ((commission)) department.
     (23) "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.
     (24) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.
     (25) "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.
     (26) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.
     (27) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.
     (28) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
     (29) "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.
     (30) "Open season" means those times, manners of taking, and places or waters established by rule of the ((commission)) department 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)) department or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the ((commission)) department. "Open season" includes the first and last days of the established time.
     (31) "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.
     (32) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.
     (33) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the ((commission)) department.
     (34) "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)) department.
     (35) "Protected wildlife" means wildlife designated by the ((commission)) department that shall not be hunted or fished.
     (36) "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.
     (37) "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.
     (38) "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)) department.
     (39) "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.
     (40) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.
     (41) "Saltwater" means those marine waters seaward of river mouths.
     (42) "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.
     (43) "Senior" means a person seventy years old or older.
     (44) "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)) department. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
     (45) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
     (46) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.
     (47) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.
     (48) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.
     (49) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
     (50) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
     (51) "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)) department.
     (52) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the ((commission)) department.
     (53) "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.
     (54) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.
     (55) "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)) department. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.
     (56) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.

Sec. 17   RCW 77.08.020 and 1989 c 218 s 2 are each amended to read as follows:
     (1) As used in this title or rules of the ((commission)) department, "game fish" means those species of the class Osteichthyes that shall not be fished for except as authorized by rule of the ((commission)) department and includes:

Sec. 18   RCW 77.08.022 and 2000 c 107 s 208 are each amended to read as follows:
     "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)) department. The term "food fish" includes all stages of development and the bodily parts of food fish species.

Sec. 19   RCW 77.08.030 and 1980 c 78 s 11 are each amended to read as follows:
     As used in this title or rules of the ((commission)) department, "big game" means the following species:

Sec. 20   RCW 77.12.010 and 2000 c 107 s 210 are each amended to read as follows:
     The ((commission)) department shall not adopt rules that categorically prohibit fishing with bait or artificial lures in streams, rivers, beaver ponds, and lakes except that the ((commission)) department may adopt rules and regulations restricting fishing methods upon a determination by the ((director)) department that an individual body of water or part thereof clearly requires a fishing method prohibition to conserve or enhance the fisheries resource or to provide selected fishing alternatives.

Sec. 21   RCW 77.12.020 and 2002 c 281 s 3 are each amended to read as follows:
     (1) The ((director)) department shall investigate the habits and distribution of the various species of wildlife native to or adaptable to the habitats of the state. The ((commission)) department shall determine whether a species should be managed by the department and, if so, classify it under this section.
     (2) The ((commission)) department may classify by rule wild animals as game animals and game animals as fur-bearing animals.
     (3) The ((commission)) department may classify by rule wild birds as game birds or predatory birds. All wild birds not otherwise classified are protected wildlife.
     (4) In addition to those species listed in RCW 77.08.020, the ((commission)) department may classify by rule as game fish other species of the class Osteichthyes that are commonly found in fresh water except those classified as food fish ((by the director)).
     (5) ((The director may recommend to the commission that a species of wildlife should not be hunted or fished.)) The ((commission)) department may designate species of wildlife as protected if it determines that such species should not be hunted or fished.
     (6) If the ((director)) department determines that a species of wildlife is seriously threatened with extinction in the state of Washington, the ((director)) department may ((request its designation as an endangered species. The commission may)) designate it as an endangered species.
     (7) If the ((director)) department determines that a species of the animal kingdom, not native to Washington, is dangerous to the environment or wildlife of the state, the ((director)) department may ((request its designation)) designate it as deleterious exotic wildlife. ((The commission may designate deleterious exotic wildlife.))
     (8) ((Upon recommendation by the director,)) The ((commission)) department may classify nonnative aquatic animal species according to the following categories:
     (a) Prohibited aquatic animal species: These species are considered by the ((commission)) department to have a high risk of becoming an invasive species and may not be possessed, imported, purchased, sold, propagated, transported, or released into state waters except as provided in RCW 77.15.253;
     (b) Regulated aquatic animal species: These species are considered by the ((commission)) department to have some beneficial use along with a moderate, but manageable risk of becoming an invasive species, and may not be released into state waters, except as provided in RCW 77.15.253. The ((commission)) department shall classify the following commercial aquaculture species as regulated aquatic animal species, and allow their release into state waters pursuant to rule of the ((commission)) department: Pacific oyster (Crassostrea gigas), kumamoto oyster (Crassostrea sikamea), European flat oyster (Ostrea edulis), eastern oyster (Crassostrea virginica), manila clam (Tapes philippinarum), blue mussel (Mytilus galloprovincialis), and suminoe oyster (Crassostrea ariankenisis);
     (c) Unregulated aquatic animal species: These species are considered by the ((commission)) department as having some beneficial use along with a low risk of becoming an invasive species, and are not subject to regulation under this title;
     (d) Unlisted aquatic animal species: These species are not designated as a prohibited aquatic animal species, regulated aquatic animal species, or unregulated aquatic animal species by the ((commission)) department, and may not be released into state waters. Upon request, the ((commission)) department may determine the appropriate category for an unlisted aquatic animal species and classify the species accordingly;
     (e) This subsection (8) does not apply to the transportation or release of nonnative aquatic animal species by ballast water or ballast water discharge.
     (9) ((Upon recommendation by the director,)) The ((commission)) department may develop a work plan to eradicate native aquatic species that threaten human health. Priority shall be given to water bodies that the department of health has classified as representing a threat to human health based on the presence of a native aquatic species.

Sec. 22   RCW 77.12.035 and 2000 c 107 s 211 are each amended to read as follows:
     The ((commission)) department shall protect grizzly bears and develop management programs on publicly owned lands that will encourage the natural regeneration of grizzly bears in areas with suitable habitat. Grizzly bears shall not be transplanted or introduced into the state. Only grizzly bears that are native to Washington state may be utilized by the department for management programs. The department is directed to fully participate in all discussions and negotiations with federal and state agencies relating to grizzly bear management and shall fully communicate, support, and implement the policies of this section.

Sec. 23   RCW 77.12.037 and 2000 c 107 s 4 are each amended to read as follows:
     (1) The ((commission)) department may acquire by gift, easement, purchase, lease, or condemnation lands, buildings, water rights, rights-of-way, or other necessary property, and construct and maintain necessary facilities for purposes consistent with this title. The ((commission)) department may ((authorize the director to)) acquire property under this section, but the power of condemnation may only be exercised by the ((director)) department when an appropriation has been made by the legislature for the acquisition of a specific property, except to clear title and acquire access rights-of-way.
     (2) The ((commission)) department may sell, lease, convey, or grant concessions upon real or personal property under the control of the department.

Sec. 24   RCW 77.12.045 and 2001 c 253 s 13 are each amended to read as follows:
     Consistent with federal law, the ((commission's)) department's authority extends to all areas and waters within the territorial boundaries of the state, to the offshore waters, and to the concurrent waters of the Columbia river.
     Consistent with federal law, the ((commission's)) department's authority extends to fishing in offshore waters by residents of this state.
     The ((commission)) department may adopt rules consistent with the regulations adopted by the United States department of commerce for the offshore waters. The ((commission)) department may adopt rules consistent with the recommendations or regulations of the Pacific marine fisheries commission, Columbia river compact, the Pacific salmon commission as provided in chapter 77.75 RCW, or the international Pacific halibut commission.

Sec. 25   RCW 77.12.047 and 2001 c 253 s 14 are each amended to read as follows:
     (1) The ((commission)) department 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. 26   RCW 77.12.140 and 1987 c 506 s 23 are each amended to read as follows:
     The ((director, acting in a manner not inconsistent with criteria established by the commission,)) department may obtain by purchase, gift, or exchange and may sell or transfer wildlife and their eggs for stocking, research, or propagation.

Sec. 27   RCW 77.12.150 and 2003 c 385 s 2 are each amended to read as follows:
     (1) By emergency rule only, ((and in accordance with criteria established by the commission,)) the ((director)) department may close or shorten a season for game animals, game birds, or game fish, and after a season has been closed or shortened, may reopen it and reestablish bag limits on game animals, game birds, or game fish during that season. ((The director shall advise the commission of the adoption of emergency rules.)) A copy of an emergency rule, certified as a true copy by the director or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.
     (2)(a) If the ((director)) department finds that game animals have increased in numbers in an area of the state so that they are damaging public or private property or over-utilizing their habitat, the ((commission)) department may establish a special hunting season and designate the time, area, and manner of taking and the number and sex of the animals that may be killed or possessed by a licensed hunter. The ((director)) department shall include notice of the special season in the rules establishing open seasons.
     (b) When the department receives six complaints concerning damage to commercial agricultural and horticultural crop production by wildlife from the owner or tenant of real property, or from several owners or tenants in a locale, the ((commission)) department shall conduct a special hunt or special hunts or take remedial action to reduce the potential for the damage, and shall authorize either one or two permits per hunter. Each complaint must be confirmed by qualified department staff, or their designee.
     (c) The ((director)) department shall determine by random selection the identity of hunters who may hunt within the area of the special hunt and shall determine the conditions and requirements of the selection process. Within this process, the department must maintain a list of all persons holding valid wildlife hunting licenses, arranged by county of residence, who may hunt deer or elk that are causing damage to crops. The department must update the list annually and utilize the list when contacting persons to assist in controlling game damage to crops. The department must make all reasonable efforts to contact individuals residing within the county where the hunting of deer or elk will occur before contacting a person who is not a resident of that county. The department must randomize the names of people on the list in order to provide a fair distribution of the hunting opportunities. Hunters who participate in hunts under this section must report any kills to the department. The department must include a summary of the wildlife harvested in these hunts in the annual game management reports it makes available to the public.

Sec. 28   RCW 77.12.152 and 1995 1st sp.s. c 2 s 14 are each amended to read as follows:
     The ((commission)) department may designate the boundaries of fishing areas by driving piling or by establishing monuments or by description of landmarks or section lines and directional headings.

Sec. 29   RCW 77.12.170 and 2005 c 418 s 3, 2005 c 225 s 4, 2005 c 224 s 4, and 2005 c 42 s 4 are each reenacted and amended to read as follows:
     (1) There is established in the state treasury the state wildlife account 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, Wild on Washington, and Endangered Wildlife license plates and Washington's Wildlife license plate collection as provided in chapter 46.16 RCW;
     (f) Articles or wildlife sold by the ((director)) department 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)) department; 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 account.

Sec. 30   RCW 77.12.177 and 2001 c 253 s 16 are each amended to read as follows:
     (1) Except as provided in this title, state and county officers receiving the following moneys shall deposit them in the state general fund:
     (a) The sale of commercial licenses required under this title, except for licenses issued under RCW 77.65.490; and
     (b) Moneys received for damages to food fish or shellfish.
     (2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.
     (3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the department shall be remitted as provided in chapter 3.62 RCW.
     (4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.
     (5) Proceeds from the sale of salmon carcasses and salmon eggs from state general funded hatcheries by the department of general administration shall be deposited in the regional fisheries enhancement group account established in RCW 77.95.090.
     (6) Moneys received by the ((commission)) department under RCW 77.12.039, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.
     (7) Proceeds from the sale of herring spawn on kelp fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.

Sec. 31   RCW 77.12.210 and 2000 c 107 s 218 are each amended to read as follows:
     (1) The ((director)) department shall maintain and manage real or personal property owned, leased, or held by the department and shall control the construction of buildings, structures, and improvements in or on the property. The ((director)) department may adopt rules for the operation and maintenance of the property.
     (2) The ((commission)) department may ((authorize the director to)) sell, lease, convey, or grant concessions upon real or personal property under the control of the department. This includes the authority to sell timber, gravel, sand, and other materials or products from real property held by the department, and to sell or lease the department's real or personal property or grant concessions or rights-of-way for roads or utilities in the property. Oil and gas resources owned by the state which lie below lands owned, leased, or held by the department shall be offered for lease by the commissioner of public lands pursuant to chapter 79.14 RCW with the proceeds being deposited in the state wildlife ((fund: PROVIDED, That)) account. However, the commissioner of public lands shall condition such leases at the request of the department to protect wildlife and its habitat.
     (3)(a) If the ((commission)) department determines that real or personal property held by the department cannot be used advantageously ((by the department)), the ((director)) department may dispose of that property if it is in the public interest.
     (b) If the state acquired real property with use limited to specific purposes, the ((director)) department may negotiate terms for the return of the property to the donor or grantor. Other real property shall be sold to the highest bidder at public auction. After appraisal, notice of the auction shall be published at least once a week for two successive weeks in a newspaper of general circulation within the county where the property is located at least twenty days prior to sale.
     (c) Proceeds from the sales shall be deposited in the state wildlife ((fund)) account.

Sec. 32   RCW 77.12.220 and 2000 c 107 s 219 are each amended to read as follows:
     For purposes of this title, the ((commission)) department 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)) department 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.
     If the ((commission)) department 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. 33   RCW 77.12.275 and 1995 1st sp.s. c 2 s 7 are each amended to read as follows:
     The ((commission)) department may negotiate agreements with the United States department of defense to coordinate fishing in state waters over which the department of defense has assumed control.

Sec. 34   RCW 77.12.285 and 2000 c 107 s 6 are each amended to read as follows:
     (1) The ((commission)) department may enter into agreements with and receive funds from the United States for the construction, maintenance, and operation of fish cultural stations, laboratories, and devices in the Columbia River basin for improvement of feeding and spawning conditions for fish, for the protection of migratory fish from irrigation projects and for facilitating free migration of fish over obstructions.
     (2) The ((director and the)) department may acquire by gift, purchase, lease, easement, or condemnation the use of lands where the construction or improvement is to be carried on by the United States.

Sec. 35   RCW 77.12.320 and 2001 c 253 s 19 are each amended to read as follows:
     (1) The ((commission)) department may make agreements with persons, political subdivisions of this state, or the United States or its agencies or instrumentalities, regarding fish, shellfish, and wildlife-oriented recreation and the propagation, protection, conservation, and control of fish, shellfish, and wildlife.
     (2) The ((director)) department may make written agreements with the owners or lessees of real or personal property to provide for the use of the property for fish, shellfish, and wildlife-oriented recreation. The ((director)) department may adopt rules governing the conduct of persons in or on the real property.
     (3) The ((director)) department may accept compensation for fish, shellfish, and wildlife losses or gifts or grants of personal property for use by the department.

Sec. 36   RCW 77.12.323 and 1987 c 506 s 42 are each amended to read as follows:
     (1) There is established in the state wildlife ((fund)) account a special wildlife account. Moneys received under RCW 77.12.320 as now or hereafter amended as compensation for wildlife losses shall be deposited in the state treasury to be credited to the special wildlife account.
     (2) The ((director)) department may advise the state treasurer and the state investment board of a surplus in the special wildlife account above the current needs. The state investment board may invest and reinvest the surplus, as the ((commission)) department deems appropriate, in an investment authorized by RCW 43.84.150 or in securities issued by the United States government as defined by RCW 43.84.080 (1) and (4). Income received from the investments shall be deposited to the credit of the special wildlife account.

Sec. 37   RCW 77.12.325 and 2001 c 253 s 20 are each amended to read as follows:
     The ((commission)) department may cooperate with the Oregon fish and wildlife commission in the adoption of rules to ensure an annual yield of fish, shellfish, and wildlife on the Columbia river and to prevent the taking of fish, shellfish, and wildlife at places or times that might endanger fish, shellfish, and wildlife.

Sec. 38   RCW 77.12.330 and 1980 c 78 s 53 are each amended to read as follows:
     The ((commission)) department may establish by rule exclusive fishing waters for minors within specified ages.

Sec. 39   RCW 77.12.420 and 1987 c 506 s 46 are each amended to read as follows:
     The ((director)) department may spend moneys to improve natural growing conditions for fish by constructing fishways, installing screens, and removing obstructions to migratory fish. The eradication of undesirable fish shall be authorized by the ((commission)) department. The ((director)) department may enter into cooperative agreements with state, county, municipal, and federal agencies, and with private individuals for these purposes.

Sec. 40   RCW 77.12.455 and 2001 c 253 s 22 are each amended to read as follows:
     The ((commission)) department may prohibit the introduction, transportation or transplanting of fish, shellfish, organisms, material, or other equipment which in the ((commission's)) department's judgment may transmit any disease or pests affecting fish or shellfish.

Sec. 41   RCW 77.12.560 and 1980 c 78 s 127 are each amended to read as follows:
     The ((commission)) department may adopt rules regarding the use of the tidelands as shooting grounds.

Sec. 42   RCW 77.12.570 and 1987 c 506 s 49 are each amended to read as follows:
     The ((commission)) department shall establish the qualifications and conditions for issuing a game farm license. The ((director)) department shall adopt rules governing the operation of game farms. Private sector cultured aquatic products as defined in RCW 15.85.020 are exempt from regulation under this section.

Sec. 43   RCW 77.12.690 and 1998 c 245 s 158 and 1998 c 191 s 33 are each reenacted and amended to read as follows:
     The migratory waterfowl art committee is responsible for the selection of the annual migratory bird stamp design and shall provide the design to the department. If the committee does not perform this duty within the time frame necessary to achieve proper and timely distribution of the stamps to license dealers, the ((director)) department shall initiate the art work selection for that year. The committee shall create collector art prints and related artwork, utilizing the same design as provided to the department. The administration, sale, distribution, and other matters relating to the prints and sales of stamps with prints and related artwork shall be the responsibility of the migratory waterfowl art committee.
     The total amount brought in from the sale of prints and related artwork shall be deposited in the state wildlife ((fund)) account. The costs of producing and marketing of prints and related artwork, including administrative expenses mutually agreed upon by the committee and the ((director)) department, shall be paid out of the total amount brought in from sales of those same items. Net funds derived from the sale of prints and related artwork shall be used by the ((director)) department to contract with one or more appropriate individuals or nonprofit organizations for the development of waterfowl propagation projects within Washington which specifically provide waterfowl for the Pacific flyway. The department shall not contract with any individual or organization that obtains compensation for allowing waterfowl hunting except if the individual or organization does not permit hunting for compensation on the subject property.
     The migratory waterfowl art committee shall have an annual audit of its finances conducted by the state auditor and shall furnish a copy of the audit to the ((commission)) department.

Sec. 44   RCW 77.12.722 and 2000 c 107 s 259 are each amended to read as follows:
     For the purposes of establishing a season or bag limit restriction on Canada goose hunting, the ((commission)) department shall not consider leg length or bill length of dusky Canada geese (Branta canadensis occidentalis).

Sec. 45   RCW 77.12.760 and 1993 sp.s. c 2 s 78 are each amended to read as follows:
     Steelhead trout shall be managed solely as a recreational fishery for non-Indian ((fishermen)) fishers under the rule-setting authority of the ((fish and wildlife commission)) department.
     Commercial non-Indian steelhead fisheries are not authorized.

Sec. 46   RCW 77.12.800 and 1997 c 422 s 3 are each amended to read as follows:
     The ((commission)) department must establish special pheasant hunting opportunities for juvenile hunters in eastern Washington for the 1998 season and future seasons.

Sec. 47   RCW 77.12.875 and 2002 c 281 s 5 are each amended to read as follows:
     (1) The ((commission)) department may designate by rule state waters as infested if the ((director)) department determines that these waters contain a prohibited aquatic animal species.
     (2) The ((commission)) department, in consultation with the department of ecology, may designate state waters as infested if it is determined that these waters contain an invasive aquatic plant species.
     (3) The department shall work with the aquatic nuisance species committee and its member agencies to create educational materials informing the public of state waters that are infested with invasive species, and advise them of applicable rules and practices designed to reduce the spread of the invasive species infesting the waters.

Sec. 48   RCW 77.12.878 and 2002 c 281 s 6 are each amended to read as follows:
     (1) The ((director)) department shall create a rapid response plan in cooperation with the aquatic nuisance species committee and its member agencies that describes actions to be taken when a prohibited aquatic animal species is found to be infesting a water body. These actions include eradication or control programs where feasible and containment of infestation where practical through notification, public education, and the enforcement of regulatory programs.
     (2) The ((commission)) department may adopt rules to implement the rapid response plan.
     (3) The ((director)) department, the department of ecology, and the Washington state parks and recreation commission may post signs at water bodies that are infested with aquatic animal species that are classified as prohibited aquatic animal species under RCW 77.12.020 or with invasive species of the plant kingdom. The signs should identify the prohibited plant and animal species present and warn users of the water body of the hazards and penalties for possessing and transporting these species. Educational signs may be placed at uninfested sites.

Sec. 49   RCW 77.15.005 and 1998 c 190 s 1 are each amended to read as follows:
     The legislature finds that merger of the departments of fisheries and wildlife resulted in two criminal codes applicable to fish and wildlife, and that it has become increasingly difficult to administer and enforce the two criminal codes. Furthermore, laws defining crimes involving fish and wildlife have evolved over many years of changing uses and management objectives for fish and wildlife. The resulting two codes make it difficult for citizens to comply with the law and unnecessarily complicate enforcement of laws against violators.
     The legislature intends by chapter 190, Laws of 1998 to revise and recodify the criminal laws governing fish and wildlife, ensuring that all people involved with fish and wildlife are able to know and understand the requirements of the laws and the risks of violation. Additionally, the legislature intends to create a more uniform approach to criminal laws governing fish and wildlife and to the laws authorizing prosecution, sentencing, and punishments, including repealing crimes that are redundant to other provisions of the criminal code.
     ((Chapter 190, Laws of 1998 is not intended to alter existing powers of the commission or the director to adopt rules or exercise powers over fish and wildlife. In some places reference is made to violation of department rules, but this is intended to conform with current powers of the commission, director, or both, to adopt rules governing fish and wildlife activities.))

Sec. 50   RCW 77.15.020 and 2005 c 321 s 2 are each amended to read as follows:
     If the ((commission or director)) department has authority to adopt a rule that is punishable as a crime under this chapter, then the ((commission or director)) department may provide that violation of the rule shall be punished with notice of infraction under RCW 7.84.030. ((Neither the commission nor the director)) The department does not have the authority to adopt a rule providing that a violation punishable as an infraction shall be a crime.

Sec. 51   RCW 77.15.050 and 1998 c 190 s 6 are each amended to read as follows:
     Unless the context clearly requires otherwise, as used in this chapter, "conviction" means a final conviction in a state or municipal court or an unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court. A plea of guilty, or a finding of guilt for a violation of this title or rule of the ((commission or director)) department constitutes a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.

Sec. 52   RCW 77.15.065 and 1996 c 267 s 9 are each amended to read as follows:
     If the prosecuting attorney of the county in which a violation of this title or rule of the department occurs fails to file an information against the alleged violator, the attorney general upon request of the ((commission)) department may file an information in the superior court of the county and prosecute the case in place of the prosecuting attorney. The ((commission)) department may request prosecution by the attorney general if thirty days have passed since the ((commission)) department informed the county prosecuting attorney of the alleged violation.

Sec. 53   RCW 77.15.070 and 2005 c 406 s 2 are each amended to read as follows:
     (1) Fish and wildlife officers and ex officio fish and wildlife officers may seize without warrant boats, airplanes, vehicles, motorized implements, conveyances, gear, appliances, or other articles they have probable cause to believe have been held with intent to violate or used in violation of this title or rule of the ((commission or director)) department. However, fish and wildlife officers or ex officio fish and wildlife officers may not seize any item or article, other than for evidence, if under the circumstances, it is reasonable to conclude that the violation was inadvertent. The property seized is subject to forfeiture to the state under this section regardless of ownership. Property seized may be recovered by its owner by depositing with the department or into court a cash bond or equivalent security equal to the value of the seized property but not more than one hundred thousand dollars. Such cash bond or security is subject to forfeiture in lieu of the property. Forfeiture of property seized under this section is a civil forfeiture against property and is intended to be a remedial civil sanction.
     (2) In the event of a seizure of property under this section, jurisdiction to begin the forfeiture proceedings shall commence upon seizure. Within fifteen days following the seizure, the seizing authority shall serve a written notice of intent to forfeit property on the owner of the property seized and on any person having any known right or interest in the property seized. Notice may be served by any method authorized by law or court rule, including service by certified mail with return receipt requested. Service by mail is deemed complete upon mailing within the fifteen-day period following the seizure.
     (3) Persons claiming a right of ownership or right to possession of property are entitled to a hearing to contest forfeiture. Such a claim shall specify the claim of ownership or possession and shall be made in writing and served on the director within forty-five days of the seizure. If the seizing authority has complied with notice requirements and there is no claim made within forty-five days, then the property shall be forfeited to the state.
     (4) If any person timely serves the director with a claim to property, the person shall be afforded an opportunity to be heard as to the person's claim or right. The hearing shall be before the director or director's designee, or before an administrative law judge appointed under chapter 34.12 RCW, except that a person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the property seized is more than five thousand dollars. The department may settle a person's claim of ownership prior to the administrative hearing.
     (5) The hearing to contest forfeiture and any subsequent appeal shall be as provided for in chapter 34.05 RCW, the administrative procedure act. The seizing authority has the burden to demonstrate that it had reason to believe the property was held with intent to violate or was used in violation of this title or rule of the ((commission or director)) department. The person contesting forfeiture has the burden of production and proof by a preponderance of evidence that the person owns or has a right to possess the property and:
     (a) That the property was not held with intent to violate or used in violation of this title; or
     (b) If the property is a boat, airplane, or vehicle, that the illegal use or planned illegal use of the boat, airplane, or vehicle occurred without the owner's knowledge or consent, and that the owner acted reasonably to prevent illegal uses of such boat, airplane, or vehicle.
     (6) A forfeiture of a conveyance encumbered by a perfected security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission. No security interest in seized property may be perfected after seizure.
     (7) If seized property is forfeited under this section the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release such property to the agency for the use of enforcing this title, or sell such property, and deposit the proceeds to the fish and wildlife enforcement reward account created in RCW 77.15.425.

Sec. 54   RCW 77.15.085 and 2000 c 107 s 232 are each amended to read as follows:
     Fish and wildlife officers and ex officio fish and wildlife officers may seize without a warrant wildlife, fish, and shellfish they have probable cause to believe have been taken, transported, or possessed in violation of this title or rule of the ((commission or director)) department.

Sec. 55   RCW 77.15.096 and 2002 c 128 s 5 are each amended to read as follows:
     Fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner the premises, containers, fishing equipment, fish, seaweed, shellfish, and wildlife, and records required by the department of any commercial fisher or wholesale dealer or fish buyer. Fish and wildlife officers may similarly inspect without warrant the premises, containers, fishing equipment, fish, shellfish, and wildlife, and records required by the department of any shipping agent or other person placing or attempting to place fish, shellfish, or wildlife into interstate commerce, any cold storage plant that the department has probable cause to believe contains fish, shellfish, or wildlife, or of any taxidermist or fur buyer. Fish and wildlife officers may inspect without warrant the records required by the department of any retail outlet selling fish, shellfish, or wildlife, and, if the officers have probable cause to believe a violation of this title or rules of the ((commission)) department has occurred, they may inspect without warrant the premises, containers, and fish, shellfish, and wildlife of any retail outlet selling fish, shellfish, or wildlife. Authority granted under this section does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution.

Sec. 56   RCW 77.15.098 and 2000 c 107 s 215 are each amended to read as follows:
     (1) An authorized state, county, or municipal officer may be subject to civil liability under RCW 77.15.070 for willful misconduct or gross negligence in the performance of his or her duties.
     (2) The ((director, the fish and wildlife commission, or the)) department may be subject to civil liability for ((their)) its willful or reckless misconduct in matters involving the seizure and forfeiture of personal property involved with fish or wildlife offenses.

Sec. 57   RCW 77.15.120 and 2000 c 107 s 236 are each amended to read as follows:
     (1) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if the person hunts, fishes, possesses, maliciously harasses or kills fish or wildlife, or maliciously destroys the nests or eggs of fish or wildlife and the fish or wildlife is designated by the ((commission)) department as endangered, and the taking has not been authorized by rule of the ((commission)) department.
     (2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been:
     (a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the killing, possessing, harassing, or harming of endangered fish or wildlife; and
     (b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section.
     (3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor.
     (b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title to be suspended for two years.

Sec. 58   RCW 77.15.130 and 1998 c 190 s 14 are each amended to read as follows:
     (1) A person is guilty of unlawful taking of protected fish or wildlife if:
     (a) The person hunts, fishes, possesses, or maliciously kills protected fish or wildlife, or the person possesses or maliciously destroys the eggs or nests of protected fish or wildlife, and the taking has not been authorized by rule of the ((commission)) department; or
     (b) The person violates any rule of the ((commission)) department regarding the taking, harming, harassment, possession, or transport of protected fish or wildlife.
     (2) Unlawful taking of protected fish or wildlife is a misdemeanor.

Sec. 59   RCW 77.15.140 and 1998 c 190 s 15 are each amended to read as follows:
     (1) A person is guilty of unlawful taking of unclassified fish or wildlife if:
     (a) The person kills, hunts, fishes, takes, holds, possesses, transports, or maliciously injures or harms fish or wildlife that is not classified as big game, game fish, game animals, game birds, food fish, shellfish, protected wildlife, or endangered wildlife; and
     (b) The act violates any rule of the ((commission or the director)) department.
     (2) Unlawful taking of unclassified fish or wildlife is a misdemeanor.

Sec. 60   RCW 77.15.160 and 2000 c 107 s 237 are each amended to read as follows:
     A person is guilty of an infraction, which shall be cited and punished as provided under chapter 7.84 RCW, if the person:
     (1) Fails to immediately record a catch of fish or shellfish on a catch record card required by RCW 77.32.430, or required by rule of the ((commission)) department under this title; or
     (2) Fishes for personal use using barbed hooks in violation of any rule; or
     (3) Violates any other rule of the ((commission or director)) department that is designated by rule as an infraction.

Sec. 61   RCW 77.15.190 and 1999 c 258 s 9 are each amended to read as follows:
     (1) A person is guilty of unlawful trapping if the person:
     (a) Sets out traps that are capable of taking wild animals, game animals, or furbearing mammals and does not possess all licenses, tags, or permits required under this title;
     (b) Violates any rule of the ((commission or director)) department regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the trapping of wild animals; or
     (c) Fails to identify the owner of the traps or devices by neither (i) attaching a metal tag with the owner's department-assigned identification number or the name and address of the trapper legibly written in numbers or letters not less than one-eighth inch in height nor (ii) inscribing into the metal of the trap such number or name and address.
     (2) Unlawful trapping is a misdemeanor.

Sec. 62   RCW 77.15.245 and 2005 c 107 s 1 are each amended to read as follows:
     (1) Notwithstanding the provisions of RCW 77.12.240, 77.36.020, 77.36.030, or any other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait.
     (a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety.
     (b) Nothing in this subsection shall be construed to prevent the establishment and operation of feeding stations for black bear in order to prevent damage to commercial timberland.
     (c) Nothing in this subsection shall be construed to prohibit the ((director)) department from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of bait to attract black bear for scientific purposes.
     (d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them.
     (2) Notwithstanding RCW 77.12.240, 77.36.020, 77.36.030, or any other provisions of law, it is unlawful to hunt or pursue black bear, cougar, bobcat, or lynx with the aid of a dog or dogs.
     (a) Nothing in this subsection shall be construed to prohibit the killing of black bear, cougar, bobcat, or lynx with the aid of a dog or dogs by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. A dog or dogs may be used by the owner or tenant of real property consistent with a permit issued and conditioned by the ((director)) department.
     (b) Nothing in this subsection shall be construed to prohibit the ((director)) department from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit, capture and relocation, of black bear, cougar, bobcat, or lynx for scientific purposes.
     (c) Nothing in this subsection shall be construed to prohibit the ((director)) department from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the killing of black bear, cougar, or bobcat, for the protection of a state and/or federally listed threatened or endangered species.
     (3)(a) Notwithstanding subsection (2) of this section, the ((commission)) department shall authorize the use of dogs only in selected areas within a game management unit to address a public safety need presented by one or more cougar. This authority may only be exercised after the ((commission)) department has determined that no other practical alternative to the use of dogs exists, and after the ((commission)) department has adopted rules describing the conditions in which dogs may be used. Conditions that may warrant the use of dogs within a game management unit include, but are not limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock and cougar/pet depredations, and the number of cougar capture attempts and relocations.
     (b) The department shall post on their internet web site the known details of all reported cougar/human, cougar/pet, or cougar/livestock interactions within ten days of receiving the report. The posted material must include, but is not limited to, the location and time of all reported sightings, and the known details of any cougar/livestock incidents.
     (4) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the department shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and order the suspension of wildlife hunting privileges for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time.

Sec. 63   RCW 77.15.250 and 2001 c 253 s 32 are each amended to read as follows:
     (1)(a) A person is guilty of unlawfully releasing, planting, or placing fish, shellfish, or wildlife if the person knowingly releases, plants, or places live fish, shellfish, wildlife, or aquatic plants within the state, and the fish, shellfish, or wildlife have not been classified as deleterious wildlife. This subsection does not apply to a release of game fish into private waters for which a game fish stocking permit has been obtained, or the planting of fish or shellfish by permit of the ((commission)) department.
     (b) A violation of this subsection is a gross misdemeanor. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, aquatic plants, or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, controlling the fish, shellfish, aquatic plants, or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release.
     (2)(a) A person is guilty of unlawful release of deleterious exotic wildlife if the person knowingly releases, plants, or places live fish, shellfish, or wildlife within the state and such fish, shellfish, or wildlife has been classified as deleterious exotic wildlife by rule of the ((commission)) department.
     (b) A violation of this subsection is a class C felony. In addition, the department shall also order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, controlling the fish, shellfish, or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release.

Sec. 64   RCW 77.15.253 and 2007 c 350 s 5 are each amended to read as follows:
     (1) A person is guilty of unlawful use of a prohibited aquatic animal species if he or she possesses, imports, purchases, sells, propagates, transports, or releases a prohibited aquatic animal species within the state, except as provided in this section.
     (2) Unless otherwise prohibited by law, a person may:
     (a) Transport prohibited aquatic animal species to the department, or to another destination designated by the ((director)) department, in a manner designated by the ((director)) department, for purposes of identifying a species or reporting the presence of a species;
     (b) Possess a prohibited aquatic animal species if he or she is in the process of removing it from watercraft or equipment in a manner specified by the department;
     (c) Release a prohibited aquatic animal species if the species was caught while fishing and it is being immediately returned to the water from which it came; or
     (d) Possess, transport, or release a prohibited aquatic animal species as the ((commission)) department may otherwise prescribe.
     (3) Unlawful use of a prohibited aquatic animal species is a gross misdemeanor. A subsequent violation of subsection (1) of this section within five years is a class C felony.
     (4) A person is guilty of unlawful release of a regulated aquatic animal species if he or she releases a regulated aquatic animal species into state waters, unless allowed by the ((commission)) department.
     (5) Unlawful release of a regulated aquatic animal species is a gross misdemeanor.
     (6) A person is guilty of unlawful release of an unlisted aquatic animal species if he or she releases an unlisted aquatic animal species into state waters without requesting a ((commission)) department designation under RCW 77.12.020.
     (7) Unlawful release of an unlisted aquatic animal species is a gross misdemeanor.
     (8) This section does not apply to:
     (a) The transportation or release of organisms in ballast water;
     (b) A person stopped at an aquatic invasive species check station who possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive species, if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or
     (c) A person who has voluntarily submitted a recreational or commercial watercraft for inspection by the department and has received a receipt verifying that the watercraft has not been contaminated since its last use.

Sec. 65   RCW 77.15.280 and 2008 c 244 s 2 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)) department;
     (b) Fails to maintain a trapper's report or taxidermist ledger in violation of any rule of the ((commission or the director)) department;
     (c) Fails to submit any portion of a big game animal for a required inspection required by rule of the ((commission or the director)) department; or
     (d) Fails to return a catch record card to the department as required by rule of the ((commission or director)) department, except for catch record cards officially endorsed for Puget Sound Dungeness crab.
     (2) Violating rules requiring reporting of fish or wildlife harvest is a misdemeanor.

Sec. 66   RCW 77.15.290 and 2007 c 350 s 6 are each amended to read as follows:
     (1) A person is guilty of unlawful transportation of fish or wildlife in the second degree if the person:
     (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the ((commission or the director)) department governing the transportation or movement of fish, shellfish, or wildlife and the transportation does not involve big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife having a value greater than two hundred fifty dollars; or
     (b) Possesses but fails to affix or notch a big game transport tag as required by rule of the ((commission or director)) department.
     (2) A person is guilty of unlawful transportation of fish or wildlife in the first degree if the person:
     (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the ((commission or the director)) department governing the transportation or movement of fish, shellfish, or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife with a value of two hundred fifty dollars or more; or
     (b) Knowingly transports shellfish, shellstock, or equipment used in commercial culturing, taking, handling, or processing shellfish without a permit required by authority of this title.
     (3)(a) Unlawful transportation of fish or wildlife in the second degree is a misdemeanor.
     (b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor.
     (4) A person is guilty of unlawful transport of aquatic plants if the person transports aquatic plants on any state or public road, including forest roads, except as provided in this section.
     (5) Unless otherwise prohibited by law, a person may transport aquatic plants:
     (a) To the department, or to another destination designated by the ((director)) department, in a manner designated by the department, for purposes of identifying a species or reporting the presence of a species;
     (b) When legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes;
     (c) When transporting a commercial aquatic plant harvester to a suitable location for purposes of removing aquatic plants;
     (d) In a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or
     (e) As the ((commission)) department may otherwise prescribe.
     (6) Unlawful transport of aquatic plants is a misdemeanor.
     (7) This section does not apply to: (a) Any person stopped at an aquatic invasive species check station who possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive species if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or (b) any person who has voluntarily submitted a recreational or commercial watercraft for inspection by the department or its designee and has received a receipt verifying that the watercraft has not been contaminated since its last use.

Sec. 67   RCW 77.15.330 and 2001 c 253 s 36 are each amended to read as follows:
     (1) A person is guilty of unlawfully holding a hunting or fishing contest if the person:
     (a) Conducts, holds, or sponsors a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife without the permit required by RCW 77.65.480; or
     (b) Violates any rule of the ((commission or the director)) department applicable to a hunting contest, fishing contest involving game fish, or a competitive field trial using live wildlife.
     (2) Unlawfully holding a hunting or fishing contest is a misdemeanor.

Sec. 68   RCW 77.15.340 and 2001 c 253 s 37 are each amended to read as follows:
     (1) A person is guilty of unlawful operation of a game farm if the person (a) operates a game farm without the license required by RCW 77.65.480; or (b) violates any rule of the ((commission or the director)) department applicable to game farms under RCW 77.12.570, 77.12.580, and 77.12.590.
     (2) Unlawful operation of a game farm is a gross misdemeanor.

Sec. 69   RCW 77.15.370 and 2005 c 406 s 3 are each amended to read as follows:
     (1) A person is guilty of unlawful recreational fishing in the first degree if:
     (a) The person takes, possesses, or retains two times or more than the bag limit or possession limit of fish or shellfish allowed by any rule of the ((director or commission)) department setting the amount of food fish, game fish, or shellfish that can be taken, possessed, or retained for noncommercial use;
     (b) The person fishes in a fishway;
     (c) The person shoots, gaffs, snags, snares, spears, dipnets, or stones fish or shellfish in state waters, or possesses fish or shellfish taken by such means, unless such means are authorized by express rule of the ((commission or director)) department; or
     (d) The person fishes for or possesses a fish listed as threatened or endangered in 50 C.F.R. Sec. 17.11 (2002), unless fishing for or possession of such fish is specifically allowed under federal or state law.
     (2) Unlawful recreational fishing in the first degree is a gross misdemeanor.

Sec. 70   RCW 77.15.380 and 2001 c 253 s 39 are each amended to read as follows:
     (1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for, takes, possesses, or harvests fish or shellfish and:
     (a) The person does not have and possess the license or the catch record card required by chapter 77.32 RCW for such activity; or
     (b) The action violates any rule of the ((commission or the director)) department regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing or possession of fish, except for use of a net to take fish as provided for in RCW 77.15.580.
     (2) Unlawful recreational fishing in the second degree is a misdemeanor.

Sec. 71   RCW 77.15.400 and 2006 c 148 s 1 are each amended to read as follows:
     (1) A person is guilty of unlawful hunting of wild birds in the second degree if the person:
     (a) Hunts for, takes, or possesses a wild bird and the person does not have and possess all licenses, tags, stamps, and permits required under this title;
     (b) Maliciously destroys, takes, or harms the eggs or nests of a wild bird except when authorized by permit;
     (c) Violates any rule of the ((commission or director)) department regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or other rule addressing the manner or method of hunting or possession of wild birds; or
     (d) Possesses a wild bird taken during a closed season for that wild bird or taken from a closed area for that wild bird.
     (2) A person is guilty of unlawful hunting of wild birds in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild birds allowed by rule of the ((commission or director)) department.
     (3)(a) Unlawful hunting of wild birds in the second degree is a misdemeanor.
     (b) Unlawful hunting of wild birds in the first degree is a gross misdemeanor.
     (4) In addition to the penalties set forth in this section, if a person, other than a youth as defined in RCW 77.08.010 for hunting purposes, violates a rule adopted by the ((commission)) department under the authority of this title that requires the use of nontoxic shot, upon conviction:
     (a) The court shall require a payment of one thousand dollars as a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425. The criminal wildlife penalty assessment must be imposed regardless of and in addition to any sentence, fine, or costs imposed for violating this section. The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect; and
     (b) The department shall revoke the hunting license of the person and order a suspension of small game hunting privileges for two years.

Sec. 72   RCW 77.15.410 and 2005 c 406 s 4 are each amended to read as follows:
     (1) A person is guilty of unlawful hunting of big game in the second degree if the person:
     (a) Hunts for, takes, or possesses big game and the person does not have and possess all licenses, tags, or permits required under this title;
     (b) Violates any rule of the ((commission or director)) department regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game; or
     (c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game.
     (2) A person is guilty of unlawful hunting of big game in the first degree if the person was previously convicted of any crime under this title involving unlawful hunting, killing, possessing, or taking big game, and within five years of the date that the prior conviction was entered the person:
     (a) Hunts for big game and does not have and possess all licenses, tags, or permits required under this title;
     (b) Acts in violation of any rule of the ((commission or director)) department regarding seasons, bag or possession limits, closed areas including game reserves, or closed times; or
     (c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game.
     (3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor. Upon conviction of an offense involving killing or possession of big game taken during a period of time when hunting for the particular species is not permitted, or in excess of the bag or possession limit, the department shall revoke all hunting licenses and tags and order a suspension of hunting privileges for two years.
     (b) Unlawful hunting of big game in the first degree is a class C felony. Upon conviction, the department shall revoke all hunting licenses or tags and the department shall order the person's hunting privileges suspended for ten years.

Sec. 73   RCW 77.15.425 and 2006 c 148 s 2 are each amended to read as follows:
     The fish and wildlife enforcement reward account is created in the custody of the state treasurer. All receipts from criminal wildlife penalty assessments under RCW 77.15.420 and 77.15.400 must be deposited into the account. The department may accept money or personal property from persons under conditions requiring the property or money to be used consistent with the intent of expenditures from the fish and wildlife enforcement reward account. Expenditures from the account may be used only for investigation and prosecution of fish and wildlife offenses, to provide rewards to persons informing the department about violations of this title and rules adopted under this title, and for other valid enforcement uses as determined by the ((commission)) department. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 74   RCW 77.15.430 and 1999 c 258 s 4 are each amended to read as follows:
     (1) A person is guilty of unlawful hunting of wild animals in the second degree if the person:
     (a) Hunts for, takes, or possesses a wild animal that is not classified as big game, and does not have and possess all licenses, tags, or permits required by this title;
     (b) Violates any rule of the ((commission or director)) department regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas including game reserves, closed times, or other rule addressing the manner or method of hunting or possession of wild animals not classified as big game; or
     (c) Possesses a wild animal that is not classified as big game taken during a closed season for that wild animal or from a closed area for that wild animal.
     (2) A person is guilty of unlawful hunting of wild animals in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild animals that are not classified as big game animals as allowed by rule of the ((commission or director)) department.
     (3)(a) Unlawful hunting of wild animals in the second degree is a misdemeanor.
     (b) Unlawful hunting of wild animals in the first degree is a gross misdemeanor.

Sec. 75   RCW 77.15.530 and 2000 c 107 s 249 are each amended to read as follows:
     (1) A person who holds a fishery license required by chapter 77.65 RCW, or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 77.65 RCW, is guilty of unlawful use of a nondesignated vessel if the person takes, fishes for, or delivers from that fishery using a vessel not designated on the person's license, when vessel designation is required by chapter 77.65 RCW.
     (2) Unlawful use of a nondesignated vessel is a gross misdemeanor.
     (3) A nondesignated vessel may be used, subject to appropriate notification to the department and in accordance with rules established by the ((commission)) department, when a designated vessel is inoperative because of accidental damage or mechanical breakdown.
     (4) If the person commits the act described by subsection (1) of this section and the vessel designated on the person's fishery license was used by any person in the fishery on the same day, then the violation for using a nondesignated vessel is a class C felony. Upon conviction the department shall order revocation and suspension of all commercial fishing privileges under chapter 77.65 RCW for a period of one year.

Sec. 76   RCW 77.15.554 and 2003 c 386 s 4 are each amended to read as follows:
     (1) The license suspension review committee is created. The license suspension review committee may only hear appeals from commercial fishers who have had a license revoked or suspended pursuant to RCW 77.15.552.
     (2)(a) The license suspension review committee is composed of five voting members and up to four alternates.
     (b) Two of the members must be appointed by the director and may be department employees.
     (c) Three members, and up to four alternates, must be peer-group members, who are individuals owning a commercial fishing license issued by the department. If a peer-group member appears before the license suspension review committee because of a qualifying commercial fishing violation, the member must recuse himself or herself from the proceedings relating to that violation. No two voting peer-group members may reside in the same county. All peer-group members must be appointed by the ((commission)) director, who may accept recommendations from professional organizations that represent commercial fishing interests or from the legislative authority of any Washington county.
     (d) All license suspension review committee members serve a two-year renewable term.
     (e) The ((commission)) department may develop minimum member standards for service on the license suspension review committee, and standards for terminating a member before the expiration of his or her term.
     (3) The license suspension review committee must convene and deliver an opinion on a license renewal suspension within three months of appeal or of referral from the department. The director shall consider the committee's opinion and make a decision and may issue, not issue, or modify the license suspension.
     (4) The license suspension review committee shall collect the information and hear the testimony that it feels necessary to deliver an opinion on the proper length, if any, of a suspension of a commercial license. The opinion may be based on extenuating circumstances presented by the individual convicted of the qualifying commercial fishing violation or considerations of the type and magnitude of violations that have been committed by the individual. The maximum length of any suspension may not exceed one year.
     (5) All opinions of the license suspension review committee must be by a majority vote of all voting members. Alternate committee members may only vote when one of the voting members is unavailable, has been recused, or has decided not to vote on the case before the committee. Nonvoting alternates may be present and may participate at all license suspension review committee meetings.
     (6) Members of the license suspension review committee serve as volunteers, and are not eligible for compensation other than travel expenses pursuant to RCW 43.03.050 and 43.03.060.
     (7) Staff of the license suspension review committee must be provided by the department.

Sec. 77   RCW 77.15.580 and 2000 c 107 s 252 are each amended to read as follows:
     (1) A person is guilty of unlawful use of a net to take fish in the second degree if the person:
     (a) Lays, sets, uses, or controls a net or other device or equipment capable of taking fish from the waters of this state, except if the person has a valid license for such fishing gear from the ((director)) department under this title and is acting in accordance with all rules of the ((commission and director)) department; or
     (b) Fails to return unauthorized fish to the water immediately while otherwise lawfully operating a net under a valid license.
     (2) A person is guilty of unlawful use of a net to take fish in the first degree if the person:
     (a) Commits the act described by subsection (1) of this section; and
     (b) The violation occurs within five years of entry of a prior conviction for a gross misdemeanor or felony under this title involving fish, other than a recreational fishing violation, or involving unlawful use of nets.
     (3)(a) Unlawful use of a net to take fish in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any license held under this title allowing commercial net fishing used in connection with the crime.
     (b) Unlawful use of a net to take fish in the first degree is a class C felony. Upon conviction, the department shall order a one-year suspension of all commercial fishing privileges requiring a license under this title.
     (4) Notwithstanding subsections (1) and (2) of this section, it is lawful to use a landing net to land fish otherwise legally hooked.

Sec. 78   RCW 77.15.590 and 1998 c 190 s 51 are each amended to read as follows:
     (1) A person is guilty of unlawful use of a commercial fishing vessel, except as may be authorized by rule of the ((commission)) department, for recreational or charter fishing if the person uses, operates, or controls a vessel on the same day for both:
     (a) Charter or recreational fishing; and
     (b) Commercial fishing or shellfish harvesting.
     (2) Unlawful use of a commercial fishing vessel for recreational or charter fishing is a gross misdemeanor.

Sec. 79   RCW 77.15.660 and 1998 c 190 s 55 are each amended to read as follows:
     (1) A person is guilty of unlawful use of a scientific permit if the person:
     (a) Violates any terms or conditions of a scientific permit issued by the ((director)) department;
     (b) Buys or sells fish or wildlife taken with a scientific permit; or
     (c) Violates any rule of the ((commission or the director)) department applicable to the issuance or use of scientific permits.
     (2) Unlawful use of a scientific permit is a gross misdemeanor.

Sec. 80   RCW 77.15.700 and 2007 c 163 s 2 are each amended to read as follows:
     The department shall impose revocation and suspension of privileges in the following circumstances:
     (1) Upon conviction, if directed by statute for an offense;
     (2) Upon conviction, if the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife. Such suspension of privileges may be permanent. This subsection (2) does not apply to violations involving commercial fishing;
     (3) If a person is convicted twice within ten years for a violation involving unlawful hunting, killing, or possessing big game, the department shall order revocation and suspension of all hunting privileges for two years. RCW 77.12.722 or 77.16.050 as it existed before June 11, 1998, may comprise one of the convictions constituting the basis for revocation and suspension under this subsection;
     (4)(a) If a person is convicted of an offense, has an uncontested notice of infraction, fails to appear at a hearing to contest an infraction, or is found to have committed an infraction three times in ten years involving any violation of recreational hunting or fishing laws or rules, the department shall order a revocation and suspension of all recreational hunting and fishing privileges for two years.
     (b) A violation punishable as an infraction counts towards the revocation and suspension of recreational hunting and fishing privileges only where that violation is:
     (i) Punishable as a crime on July 24, 2005, and is subsequently decriminalized; or
     (ii) One of the following violations, as they exist on July 24, 2005: RCW 77.15.160 (1) or (2); WAC 220-56-116; WAC 220-56-315(11); or WAC 220-56-355 (1) through (4).
     (c) The ((commission)) department may, by rule, designate additional infractions that do not count towards the revocation and suspension of recreational hunting and fishing privileges.
     (5) If either the deferred education licensee or the required nondeferred accompanying person, hunting under the authority of RCW 77.32.155(2), is convicted of a violation of this title, except for a violation of RCW 77.15.400 (1) through (3), the department may revoke all hunting licenses and tags and may order a suspension of one or both the deferred education licensee and the nondeferred accompanying person's hunting privileges for one year.

Sec. 81   RCW 77.15.710 and 2000 c 107 s 257 are each amended to read as follows:
     (1) The ((commission)) department shall revoke all hunting, fishing, or other licenses issued under this title and order a ten-year suspension of all privileges extended under the authority of the department of a person convicted of assault on a fish and wildlife officer, ex officio officer, employee, agent, or personnel acting for the department, if the employee assaulted was on duty at the time of the assault and carrying out the provisions of this title. The suspension shall be continued beyond this period if any damages to the victim have not been paid by the suspended person.
     (2) For the purposes of this section, the definition of assault includes:
     (a) RCW 9A.32.030; murder in the first degree;
     (b) RCW 9A.32.050; murder in the second degree;
     (c) RCW 9A.32.060; manslaughter in the first degree;
     (d) RCW 9A.32.070; manslaughter in the second degree;
     (e) RCW 9A.36.011; assault in the first degree;
     (f) RCW 9A.36.021; assault in the second degree; and
     (g) RCW 9A.36.031; assault in the third degree.

Sec. 82   RCW 77.15.720 and 2000 c 107 s 258 are each amended to read as follows:
     (1) If a person shoots another person or domestic livestock while hunting, the ((director)) department shall revoke all hunting licenses and suspend all hunting privileges for three years. If the shooting of another person or livestock is the result of criminal negligence or reckless or intentional conduct, then the person's privileges shall be suspended for ten years. The suspension shall be continued beyond these periods if damages owed to the victim or livestock owner have not been paid by the suspended person. A hunting license shall not be reissued to the suspended person unless authorized by the ((director)) department.
     (2) Within twenty days of service of an order suspending privileges or imposing conditions under this section or RCW 77.15.710, a person may petition for administrative review under chapter 34.05 RCW by serving the director with a petition for review. The order is final and unappealable if there is no timely petition for administrative review.
     (3) The ((commission)) department may by rule authorize petitions for reinstatement of administrative suspensions and define circumstances under which reinstatement will be allowed.

Sec. 83   RCW 77.18.060 and 2005 c 87 s 1 are each amended to read as follows:
     The ((fish and wildlife commission in consultation with the)) department is authorized to determine which waters of the state are appropriate for this use. In making this determination, the ((commission)) department shall seek geographic distribution to assure opportunity to fishers statewide.
     The ((commission in consultation with the)) department will determine the maximum number of fish that may be planted into state waters so as not to compete with the wild populations of fish species in the water body.

Sec. 84   RCW 77.32.007 and 1984 c 240 s 8 are each amended to read as follows:
     For the purposes of this chapter "special hunting season" means a hunting season established by rule of the ((commission)) department for the purpose of taking specified wildlife under a special hunting permit.

Sec. 85   RCW 77.32.025 and 1998 c 191 s 9 are each amended to read as follows:
     Notwithstanding RCW 77.32.010, the ((commission)) department may adopt rules designating times and places for the purposes of family fishing days when licenses and catch record cards are not required to fish or to harvest shellfish.

Sec. 86   RCW 77.32.050 and 2003 c 389 s 1 are each amended to read as follows:
     All recreational licenses, permits, tags, and stamps required by this title and raffle tickets authorized under chapter 77.12 RCW shall be issued under the authority of the ((commission)) department. The ((commission)) department shall adopt rules for the issuance of recreational licenses, permits, tags, stamps, and raffle tickets, and for the collection, payment, and handling of license fees, terms and conditions to govern dealers, and dealers' fees. A transaction fee on recreational documents issued through an automated licensing system may be set by the ((commission)) department and collected from licensees. The department may authorize all or part of such fee to be paid directly to a contractor providing automated licensing system services. Fees retained by dealers shall be uniform throughout the state. The department shall authorize dealers to collect and retain dealer fees of at least two dollars for purchase of a standard hunting or fishing recreational license document, except that the ((commission)) department may set a lower dealer fee for issuance of tags or when a licensee buys a license that involves a stamp or display card format rather than a standard department licensing document form.

Sec. 87   RCW 77.32.070 and 2008 c 244 s 1 are each amended to read as follows:
     (1) Applicants for a license, permit, tag, or stamp shall furnish the information required by the ((director)) department. However, the ((director)) department 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)) department 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)) department 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)) department 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)) department 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.
     (3) The ((commission)) department may, by rule, set an administrative penalty for failure to comply with rules requiring the reporting of data from catch record cards officially endorsed for Puget Sound Dungeness crab. The ((commission)) department may also adopt rules requiring fishers who possessed a catch record card officially endorsed for Puget Sound Dungeness crab and who have not reported for the previous license year to complete a report and pay the assessed administrative penalty before a new catch record card officially endorsed for Puget Sound Dungeness crab is issued.
     (a) The total administrative penalty per fisher set by the ((commission)) department must not exceed ten dollars.
     (b) By December 31st of each year, the department shall report the rate of fisher compliance with the Puget Sound Dungeness crab catch record card 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. 88   RCW 77.32.090 and 2000 c 107 s 267 are each amended to read as follows:
     The ((commission)) department may adopt rules pertaining to the form, period of validity, use, possession, and display of licenses, permits, tags, stamps, and raffle tickets required by this chapter.

Sec. 89   RCW 77.32.155 and 2007 c 163 s 1 are each amended to read as follows:
     (1)(a) When purchasing any hunting license, persons under the age of eighteen shall present certification of completion of a course of instruction of at least ten hours in the safe handling of firearms, safety, conservation, and sportsmanship. All persons purchasing any hunting license for the first time, if born after January 1, 1972, shall present such certification.
     (b) The ((director)) department may establish a program for training persons in the safe handling of firearms, conservation, and sportsmanship and shall prescribe the type of instruction and the qualifications of the instructors. The ((director)) department may cooperate with the National Rifle Association, organized sportsmen's groups, or other public or private organizations when establishing the training program.
     (c) Upon the successful completion of a course established under this section, the trainee shall receive a hunter education certificate signed by an authorized instructor. The certificate is evidence of compliance with this section.
     (d) The ((director)) department may accept certificates from other states that persons have successfully completed firearm safety, hunter education, or similar courses as evidence of compliance with this section.
     (2)(a) The ((director)) department may authorize a once in a lifetime, one license year deferral of hunter education training for individuals who are accompanied by a nondeferred Washington-licensed hunter who has held a Washington hunting license for the prior three years and is over eighteen years of age. The ((commission)) department shall adopt rules for the administration of this subsection to avoid potential fraud and abuse.
     (b) The ((director)) department is authorized to collect an application fee, not to exceed twenty dollars, for obtaining the once in a lifetime, one license year deferral of hunter education training from the department. This fee must be deposited into the fish and wildlife enforcement reward account and must be used exclusively to administer the deferral program created in this subsection.
     (c) For the purposes of this subsection, "accompanied" means to go along with another person while staying within a range of the other person that permits continual unaided visual and auditory communication.
     (3) To encourage the participation of an adequate number of instructors for the training program, the ((commission)) department shall develop nonmonetary incentives available to individuals who commit to serving as an instructor. The incentives may include additional hunting opportunities for instructors.

Sec. 90   RCW 77.32.237 and 2007 c 254 s 6 are each amended to read as follows:
     The ((commission)) department shall attempt to enhance the hunting opportunities for persons with a disability. The ((commission shall authorize the director)) department is authorized to issue disabled hunter permits to persons with a disability. The ((commission)) department shall adopt rules governing the conduct of persons with a disability who hunt and their designated licensed hunter.

Sec. 91   RCW 77.32.238 and 2007 c 254 s 5 are each amended to read as follows:
     (1) The ((commission)) department shall adopt rules defining who is a person with a disability and governing the conduct of persons with a disability who hunt and their designated licensed hunters. It is unlawful for any person to possess a loaded firearm in or on a motor vehicle except a person with a disability who possesses a disabled hunter permit and all appropriate hunting licenses may discharge a firearm or other legal hunting device from a nonmoving motor vehicle that has the engine turned off. A person with a disability who possesses a disabled hunter permit shall not be exempt from permit requirements for carrying concealed weapons, or from rules, laws, or ordinances concerning the discharge of these weapons. No hunting shall be permitted from a motor vehicle that is parked on or beside the maintained portion of a public road, except as authorized by the ((commission)) department by rule.
     (2) A person with a disability holding a disabled hunter permit may be accompanied by one licensed hunter who may assist the person with a disability by killing game wounded by the person with a disability, and by tagging and retrieving game killed by the person with a disability or the designated licensed hunter. A nondisabled hunter shall not possess a loaded gun in, or shoot from, a motor vehicle.

Sec. 92   RCW 77.32.370 and 1998 c 191 s 26 are each amended to read as follows:
     (1) A special hunting season permit is required to hunt in each special season established under chapter 77.12 RCW.
     (2) Persons may apply for special hunting season permits as provided by rule of the ((commission)) department.
     (3) The application fee to enter the drawing for a special hunting permit is five dollars for residents, fifty dollars for nonresidents, and three dollars for youth.

Sec. 93   RCW 77.32.400 and 2007 c 254 s 2 are each amended to read as follows:
     (1) The ((commission shall authorize the director to)) department may issue designated harvester cards to persons with a disability. The ((commission)) department shall adopt rules defining who is a person with a disability and rules governing the conduct of persons with a disability who fish and harvest shellfish and their designated harvesters.
     (2) It is lawful for a designated harvester to fish for, take, or possess the personal-use daily bag limit of fish or shellfish for a person with a disability if the harvester is licensed and has a designated harvester card, and if the person with a disability is present on site and in possession of the appropriate fishing license issued under this chapter. Except as provided in subsection (4) of this section, the person with a disability must be present and participating in the fishing activity.
     (3) A designated harvester card will be issued to such a person with a disability upon written application to the ((director)) department. The application must be submitted on a department official form and must be accompanied by a licensed medical doctor's certification of disability.
     (4) A person with a disability utilizing the services of a designated harvester is not required to be present at the location where the designated harvester is harvesting shellfish for the person with a disability. The person with a disability is required to be in the direct line of sight of the designated harvester who is harvesting shellfish for him or her, unless it is not possible to be in a direct line of sight because of a physical obstruction or other barrier. If such a barrier or obstruction exists, the person with a disability is required to be within one-quarter mile of the designated harvester who is harvesting shellfish for him or her.

Sec. 94   RCW 77.32.430 and 2005 c 192 s 2 are each amended to read as follows:
     (1) Catch record card information is necessary for proper management of the state's food fish and game fish species and shellfish resources. Catch record card administration shall be under rules adopted by the ((commission)) department. There is no charge for an initial catch record card. Each subsequent or duplicate catch record card costs ten dollars.
     (2) A license to take and possess Dungeness crab is only valid in Puget Sound waters east of the Bonilla-Tatoosh line if the fisher has in possession a valid catch record card officially endorsed for Dungeness crab. The endorsement shall cost no more than three dollars, including any or all fees authorized under RCW 77.32.050, when purchased for a personal use saltwater, combination, or shellfish and seaweed license. The endorsement shall cost no more than one dollar, including any or all fees authorized under RCW 77.32.050, when purchased for a temporary combination fishing license authorized under RCW 77.32.470(3)(a).
     (3) Catch record cards issued with affixed temporary short-term charter stamp licenses are not subject to the ten-dollar charge nor to the Dungeness crab endorsement fee provided for in this section. Charter boat or guide operators issuing temporary short-term charter stamp licenses shall affix the stamp to each catch record card issued before fishing commences. Catch record cards issued with a temporary short-term charter stamp are valid for one day.
     (4) The department shall include provisions for recording marked and unmarked salmon in catch record cards issued after March 31, 2004.
     (5) The funds received from the sale of catch record cards and the Dungeness crab endorsement must be deposited into the state wildlife ((fund)) account. The funds received from the Dungeness crab endorsement may be used only for the sampling, monitoring, and management of catch associated with the Dungeness crab recreational fisheries. Moneys allocated under this section shall supplement and not supplant other federal, state, and local funds used for Dungeness crab recreational fisheries management.

Sec. 95   RCW 77.32.440 and 1999 c 235 s 2 are each amended to read as follows:
     (1) The ((commission)) department shall adopt rules to continue funding current enhancement programs at levels equal to the participation of licensees in each of the individual enhancement programs. All enhancement funding will continue to be deposited directly into the individual accounts created for each enhancement.
     (2) In implementing subsection (1) of this section with regard to warm water game fish, the department shall deposit in the warm water game fish account the sum of one million two hundred fifty thousand dollars each fiscal year during the fiscal years 1999 and 2000, based on two hundred fifty thousand warm water anglers. Beginning in fiscal year 2001, and each year thereafter, the deposit to the warm water game fish account established in this subsection shall be adjusted annually to reflect the actual numbers of license holders fishing for warm water game fish based on an annual survey of licensed anglers from the previous year conducted by the department beginning with the April 1, 1999, to March 31, 2000, license year survey.

Sec. 96   RCW 77.32.450 and 2005 c 140 s 1 are each amended to read as follows:
     (1) A big game hunting license is required to hunt for big game. A big game license allows the holder to hunt for forest grouse, unclassified wildlife, and the individual species identified within a specific big game combination license package. Each big game license includes one transport tag for each species purchased in that package. A hunter may not purchase more than one license for each big game species except as authorized by rule of the ((commission)) department. The fees for annual big game combination packages are as follows:
     (a) Big game number 1: Deer, elk, bear, and cougar. The fee for this license is sixty-six dollars for residents, six hundred sixty dollars for nonresidents, and thirty-three dollars for youth.
     (b) Big game number 2: Deer and elk. The fee for this license is fifty-six dollars for residents, five hundred sixty dollars for nonresidents, and twenty-eight dollars for youth.
     (c) Big game number 3: Deer or elk, bear, and cougar. At the time of purchase, the holder must identify either deer or elk. The fee for this license is forty-six dollars for residents, four hundred sixty dollars for nonresidents, and twenty-three dollars for youth.
     (d) Big game number 4: Deer or elk. At the time of purchase, the holder must identify either deer or elk. The fee for this license is thirty-six dollars for residents, three hundred sixty dollars for nonresidents, and eighteen dollars for youth.
     (e) Big game number 5: Bear and cougar. The fee for this license is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth.
     (2) In the event that the ((commission)) department authorizes a two animal big game limit, the fees for the second animal are as follows:
     (a) Elk: The fee is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth.
     (b) Deer: The fee is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth.
     (c) Bear: The fee is ten dollars for residents, one hundred dollars for nonresidents, and five dollars for youth.
     (d) Cougar: The fee is ten dollars for residents, one hundred dollars for nonresidents, and five dollars for youth.
     (3) In the event that the ((commission)) department authorizes a special permit hunt for goat, sheep, or moose, the permit fees are as follows:
     (a) Mountain goat: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth.
     (b) Sheep: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth.
     (c) Moose: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth.
     (4) Multiple season big game permit: The ((commission)) department may, by rule, offer permits for hunters to hunt deer or elk during more than one general season. Only one deer or elk may be harvested annually under a multiple season big game permit. The fee is one hundred fifty dollars for residents and one thousand five hundred dollars for nonresidents.
     (5) Authorization to hunt the species set out under subsection (3)(a) through (c) of this section or in multiple seasons as set out in subsection (4) of this section is by special permit issued under RCW 77.32.370.
     (6) The ((commission)) department may adopt rules to reduce the price of a license or eliminate the transportation tag requirements concerning bear or cougar when necessary to meet harvest objectives.

Sec. 97   RCW 77.32.470 and 2008 c 35 s 1 are each amended to read as follows:
     (1) A personal use saltwater, freshwater, combination, temporary, or family fishing weekend license is required for all persons fifteen years of age or older to fish for or possess fish taken for personal use from state waters or offshore waters.
     (2) The fees for annual personal use saltwater, freshwater, or combination licenses are as follows:
     (a) A combination license allows the holder to fish for or possess fish, shellfish, and seaweed from state waters or offshore waters. The fee for this license is thirty-six dollars for residents, seventy-two dollars for nonresidents, and five dollars for youth. There is an additional fifty-cent surcharge for this license, to be deposited in the rockfish research account created in RCW 77.12.702.
     (b) A saltwater license allows the holder to fish for or possess fish taken from saltwater areas. The fee for this license is eighteen dollars for residents, thirty-six dollars for nonresidents, and five dollars for resident seniors. There is an additional fifty-cent surcharge for this license, to be deposited in the rockfish research account created in RCW 77.12.702.
     (c) A freshwater license allows the holder to fish for, take, or possess food fish or game fish species in all freshwater areas. The fee for this license is twenty dollars for residents, forty dollars for nonresidents, and five dollars for resident seniors.
     (3)(a) A temporary combination fishing license is valid for one to five consecutive days and allows the holder to fish for or possess fish, shellfish, and seaweed taken from state waters or offshore waters. The fee for this temporary fishing license is:
     (i) One day - Seven dollars for residents and fourteen dollars for nonresidents;
     (ii) Two days - Ten dollars for residents and twenty dollars for nonresidents;
     (iii) Three days - Thirteen dollars for residents and twenty-six dollars for nonresidents;
     (iv) Four days - Fifteen dollars for residents and thirty dollars for nonresidents; and
     (v) Five days - Seventeen dollars for residents and thirty-four dollars for nonresidents.
     (b) The fee for a charter stamp is seven dollars for a one-day temporary combination fishing license for residents and nonresidents for use on a charter boat as defined in RCW 77.65.150.
     (c) A transaction fee to support the automated licensing system will be taken from the amounts set forth in this subsection for temporary licenses.
     (d) Except for active duty military personnel serving in any branch of the United States armed forces, the temporary combination fishing license is not valid on game fish species for an eight-consecutive-day period beginning on the opening day of the lowland lake fishing season.
     (e) The temporary combination fishing license fee for active duty military personnel serving in any branch of the United States armed forces is the resident rate as set forth in (a) of this subsection. Active duty military personnel must provide a valid military identification card at the time of purchase of the temporary license to qualify for the resident rate.
     (f) There is an additional fifty-cent surcharge on the temporary combination fishing license and the associated charter stamp, to be deposited in the rockfish research account created in RCW 77.12.702.
     (4) A family fishing weekend license allows for a maximum of six anglers: One resident and five youth; two residents and four youth; or one resident, one nonresident, and four youth. This license allows the holders to fish for or possess fish taken from state waters or offshore waters. The fee for this license is twenty dollars. This license is only valid during periods as specified by rule of the department.
     (5) The ((commission)) department may adopt rules to create and sell combination licenses for all hunting and fishing activities at or below a fee equal to the total cost of the individual license contained within any combination.

Sec. 98   RCW 77.32.500 and 1998 c 191 s 41 are each amended to read as follows:
     In order to simplify fishing license requirements in transition areas between saltwater and freshwater, the ((commission)) department may adopt rules designating specific waters where either a freshwater or a saltwater license is valid.

Sec. 99   RCW 77.32.525 and 1987 c 506 s 48 are each amended to read as follows:
     The ((director shall administer rules adopted by the commission)) department shall adopt rules governing the time, place, and manner of holding hunting and fishing contests and competitive field trials involving live wildlife for hunting dogs. The department shall prohibit contests and field trials that are not in the best interests of wildlife.

Sec. 100   RCW 77.32.530 and 1996 c 101 s 5 are each amended to read as follows:
     (1) The ((commission in consultation with the director)) department may authorize hunting of big game animals and wild turkeys through auction. The department may conduct the auction for the hunt or contract with a nonprofit wildlife conservation organization to conduct the auction for the hunt.
     (2) The ((commission in consultation with the director)) department may authorize hunting of up to a total of fifteen big game animals and wild turkeys per year through raffle. The department may conduct raffles or contract with a nonprofit wildlife conservation organization to conduct raffles for hunting these animals. In consultation with the gambling commission, the ((director)) department may adopt rules for the implementation of raffles involving hunting.
     (3) The ((director)) department shall establish the procedures for the hunts, which shall require any participants to obtain any required license, permit, or tag. Representatives of the department may participate in the hunt ((upon the request of the commission)) to ensure that the animals to be killed are properly identified.
     (4) After deducting the expenses of conducting an auction or raffle, any revenues retained by a nonprofit organization, as specified under contract with the department, shall be devoted solely for wildlife conservation, consistent with its qualification as a bona fide nonprofit organization for wildlife conservation.
     (5) The department's share of revenues from auctions and raffles shall be deposited in the state wildlife ((fund)) account. The revenues shall be used to improve the habitat, health, and welfare of the species auctioned or raffled and shall supplement, rather than replace, other funds budgeted for management of that species. The ((commission)) department may solicit input from groups or individuals with special interest in and expertise on a species in determining how to use these revenues.
     (6) A nonprofit wildlife conservation organization may petition the ((commission)) department to authorize an auction or raffle for a special hunt for big game animals and wild turkeys.

Sec. 101   RCW 77.32.535 and 2001 c 253 s 52 are each amended to read as follows:
     If a private entity has a private lands wildlife management area agreement in effect with the department, the ((commission)) department may authorize the private entity to conduct raffles for access to hunt for big game animals and wild turkeys to meet the conditions of the agreement. The private entity shall comply with all applicable rules adopted under RCW 77.32.530 for the implementation of raffles; however, raffle hunts conducted pursuant to this section shall not be counted toward the number of raffle hunts the ((commission)) department may authorize under RCW 77.32.530. The ((director)) department shall establish the procedures for the hunts, which shall require any participants to obtain any required license, permit, or tag. Representatives of the department may participate in the hunt ((upon the request of the commission)) to ensure that the animals to be killed are properly identified.

Sec. 102   RCW 77.32.550 and 2007 c 254 s 4 are each amended to read as follows:
     (1) A group fishing permit allows a group of individuals to fish, and harvest shellfish, without individual licenses or the payment of individual license fees.
     (2) The ((director)) department must issue a group fishing permit on a seasonal basis to a state-operated facility or state-licensed nonprofit facility or program for persons with physical or mental disabilities, hospital patients, seriously or terminally ill persons, persons who are dependent on the state because of emotional or physical developmental disabilities, or senior citizens who are in the care of the facility. The permit is valid only for use during open season.
     (3) The ((director)) department may set conditions and issue a group fishing permit to groups working in partnership with and participating in department outdoor education programs. At the discretion of the ((director)) department, a processing fee may be applied.
     (4) The ((commission)) department may adopt rules that provide the conditions under which a group fishing permit is issued.

Sec. 103   RCW 77.32.560 and 2003 c 317 s 2 are each amended to read as follows:
     (1) The department may sell watchable wildlife decals. Proceeds from the sale of the decal must be deposited into the state wildlife ((fund)) account created in RCW 77.12.170 and must be dedicated to the support of the department's watchable wildlife activities. The department may also use proceeds from the sale of the decal for marketing the decal and for marketing watchable wildlife activities in the state.
     (2) The term "watchable wildlife activities" includes but is not limited to: Initiating partnerships with communities to jointly develop watchable wildlife projects, building infrastructure to serve wildlife viewers, assisting and training communities in conducting wildlife watching events, developing destination wildlife viewing corridors and trails, tours, maps, brochures, and travel aides, and offering grants to assist rural communities in identifying key wildlife attractions and ways to protect and promote them.
     (3) The ((commission)) department must adopt by rule the cost of the watchable wildlife decal. A person may, at their discretion, contribute more than the cost as set by the ((commission)) department by rule for the watchable wildlife decal in order to support watchable wildlife activities. A person who purchases a watchable wildlife decal must be issued one vehicle use permit free of charge.

Sec. 104   RCW 77.32.565 and 2008 c 10 s 1 are each amended to read as follows:
     (1) In order to facilitate hunting and fishing opportunities for a terminally ill person, the ((director)) department may provide any licenses, tags, permits, stamps, and other fees without charge including transaction and dealer fees.
     (2) The ((director)) department may accept special permits or other special hunting opportunities, including raffle tags, auction tags, and multiple season opportunities from donors seeking to facilitate hunting opportunities for a terminally ill person. The ((director)) department shall distribute these donations pursuant to rules adopted under subsection (4) of this section.
     (3) The ((director)) department may take other actions consistent with facilitating hunting and fishing opportunities for a terminally ill person. These actions may include, but are not limited to, entering into agreements with willing landowners pursuant to RCW 77.12.320.
     (4) In addition to rules required under subsection (2) of this section, the ((commission)) department may adopt rules as necessary to effectuate the purpose and policies of this section.

Sec. 105   RCW 77.36.020 and 2003 c 385 s 1 are each amended to read as follows:
     The department shall work closely with landowners and tenants suffering game damage problems to control damage without killing the animals when practical, to increase the harvest of damage-causing animals in hunting seasons, and to kill the animals when no other practical means of damage control is feasible.
     If the department receives recurring complaints regarding property being damaged as described in this section or RCW 77.36.030 from the owner or tenant of real property, or receives such complaints from several such owners or tenants in a locale, the ((commission)) department shall conduct a special hunt or special hunts or take remedial action to reduce the potential for such damage. The ((commission)) department shall authorize either one or two antlerless permits per hunter for special hunts held in damage areas where qualified department staff, or their designee, have confirmed six incidents of crop damage by deer or elk.
     As an alternative to hunting, the department shall work with affected entities to relocate deer and elk when needed to augment existing herds.

Sec. 106   RCW 77.50.010 and 2002 c 311 s 2 are each amended to read as follows:
     (1) The ((commission)) department may authorize commercial fishing for sockeye salmon within the waters described in subsection (2) of this section only during the period June 10th to July 25th and for other salmon only from the second Monday of September through November 30th, except during the hours between 4:00 p.m. of Friday and 4:00 p.m. of the following Sunday.
     (2) All waters east and south of a line commencing at a concrete monument on Angeles Point in Clallam county near the mouth of the Elwha River on which is inscribed "Angeles Point Monument" (latitude 48° 9' 3" north, longitude 123° 33' 01" west of Greenwich Meridian); thence running east on a line 81° 30' true across the flashlight and bell buoy off Partridge Point and thence continued to longitude 122° 40' west; thence north to the southerly shore of Sinclair Island; thence along the southerly shore of the island to the most easterly point of the island; thence 46° true to Carter Point, the most southerly point of Lummi Island; thence northwesterly along the westerly shore line of Lummi Island to where the shore line intersects line of longitude 122° 40' west; thence north to the mainland, including: The southerly portion of Hale Passage, Bellingham Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, Similk Bay, Saratoga Passage, Holmes Harbor, Possession Sound, Admiralty Inlet, Hood Canal, Puget Sound, and their inlets, passages, waters, waterways, and tributaries.
     (3) The ((commission)) department may authorize commercial fishing for salmon with gill net, purse seine, and other lawful gear prior to the second Monday in September within the waters of Hale Passage, Bellingham Bay, Samish Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, and Similk Bay, to wit: Those waters northerly and easterly of a line commencing at Stanwood, thence along the south shore of Skagit Bay to Rocky Point on Camano Island; thence northerly to Polnell Point on Whidbey Island.
     (4) Whenever the ((commission)) department determines that a stock or run of salmon cannot be harvested in the usual manner, and that the stock or run of salmon may be in danger of being wasted and surplus to natural or artificial spawning requirements, the ((commission)) department may authorize units of gill net and purse seine gear in any number or equivalents, by time and area, to fully utilize the harvestable portions of these salmon runs for the economic well being of the citizens of this state. Gill net and purse seine gear other than emergency and test gear authorized by the ((director)) department shall not be used in Lake Washington.
     (5) The ((commission)) department may authorize commercial fishing for pink salmon in each odd-numbered year from August 1st through September 1st in the waters lying inside of a line commencing at the most easterly point of Dungeness Spit and thence projected to Point Partridge on Whidbey Island and a line commencing at Olele Point and thence projected easterly to Bush Point on Whidbey Island.

Sec. 107   RCW 77.50.020 and 1998 c 190 s 76 are each amended to read as follows:
     (1) The ((commission)) department may authorize commercial fishing for coho salmon in the Pacific Ocean and the Straits of Juan de Fuca only from June 16th through October 31st.
     (2) The ((commission)) department may authorize commercial fishing for chinook salmon in the Pacific Ocean and the Straits of Juan de Fuca only from March 15th through October 31st.

Sec. 108   RCW 77.50.040 and 1998 c 190 s 78 are each amended to read as follows:
     (1) The ((commission)) department shall adopt rules defining geographical boundaries of the following Columbia river tributaries and sloughs:
     (a) Washougal river;
     (b) Camas slough;
     (c) Lewis river;
     (d) Kalama river;
     (e) Cowlitz river;
     (f) Elokomin river;
     (g) Elokomin sloughs;
     (h) Skamokawa sloughs;
     (i) Grays river;
     (j) Deep river;
     (k) Grays bay.
     (2) The ((commission)) department may authorize commercial net fishing for salmon in the tributaries and sloughs from September 1st to November 30th only, if the time, areas, and level of effort are regulated in order to maximize the recreational fishing opportunity while minimizing excess returns of fish to hatcheries. The ((commission)) department shall not authorize commercial net fishing if a significant catch of steelhead would occur.

Sec. 109   RCW 77.50.050 and 1998 c 190 s 79 are each amended to read as follows:
     The ((commission)) department shall not authorize use of reef net fishing gear except in the reef net areas described in this section.
     (1) Point Roberts reef net fishing area includes those waters within 250 feet on each side of a line projected 129° true from a point at longitude 123° 01' 15" W. latitude 48° 58' 38" N. to a point one mile distant, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6300, published September, 1941, in Washington, D.C., eleventh edition.
     (2) Cherry Point reef net fishing area includes those waters inland and inside the 10-fathom line between lines projected 205° true from points on the mainland at longitude 122° 44' 54" latitude 48° 51' 48" and longitude 122° 44' 18" latitude 48° 51' 33", ((a [as])) as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (3) Lummi Island reef net fishing area includes those waters inland and inside a line projected from Village Point 208° true to a point 900 yards distant, thence 129° true to the point of intersection with a line projected 259° true from the shore of Lummi Island 122° 40' 42" latitude 48° 41' 32", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition, revised 11-25-57, save and except that there shall be excluded therefrom all waters lying inside of a line projected 259° true from a point at 122° 40' 42" latitude 48° 41' 32" to a point 300 yards distant from high tide, thence in a northerly direction to the United States Coast and Geodetic Survey reference mark number 2, 1941-1950, located on that point on Lummi Island known as Lovers Point, as such descriptions are shown upon the United States Coast and Geodetic Survey map number 6380 as aforesaid. The term "Village Point" as used herein shall be construed to mean a point of location on Village Point, Lummi Island, at the mean high tide line on a true bearing of 43° 53' a distance of 457 feet to the center of the chimney of a wood frame house on the east side of the county road. Said chimney and house being described as Village Point Chimney on page 612 of the United States Coast and Geodetic Survey list of geographic positions No. G-5455, Rosario Strait.
     (4) Sinclair Island reef net fishing area includes those waters inland and inside a line projected from the northern point of Sinclair Island to Boulder reef, thence 200° true to the northwesterly point of Sinclair Island, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (5) Flat Point reef net fishing area includes those waters within a radius of 175 feet of a point off Lopez Island located at longitude 122° 55' 24" latitude 48° 32' 33", as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (6) Lopez Island reef net fishing area includes those waters within 400 yards of shore between lines projected true west from points on the shore of Lopez Island at longitude 122° 55' 04" latitude 48° 31' 59" and longitude 122° 55' 54" latitude 48° 30' 55", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (7) Iceberg Point reef net fishing area includes those waters inland and inside a line projected from Davis Point on Lopez Island to the west point of Long Island, thence to the southern point of Hall Island, thence to the eastern point at the entrance to Jones Bay, and thence to the southern point at the entrance to Mackaye Harbor on Lopez Island; and those waters inland and inside a line projected 320° from Iceberg Point light on Lopez Island, a distance of 400 feet, thence easterly to the point on Lopez Island at longitude 122° 53' 00" latitude 48° 25' 39", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (8) Aleck Bay reef net fishing area includes those waters inland and inside a line projected from the southwestern point at the entrance to Aleck Bay on Lopez Island at longitude 122° 51' 11" latitude 48° 25' 14" southeasterly 800 yards to the submerged rock shown on U.S.G.S. map number 6380, thence northerly to the cove on Lopez Island at longitude 122° 50' 49" latitude 48° 25' 42", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (9) Shaw Island reef net fishing area number 1 includes those waters within 300 yards of shore between lines projected true south from points on Shaw Island at longitude 122° 56' 14" latitude 48° 33' 28" and longitude 122° 57' 29" latitude 48° 32' 58", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (10) Shaw Island reef net fishing area number 2 includes those waters inland and inside a line projected from Point George on Shaw Island to the westerly point of Neck Point on Shaw Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (11) Stuart Island reef net fishing area number 1 includes those waters within 600 feet of the shore of Stuart Island between lines projected true east from points at longitude 123° 10' 47" latitude 48° 39' 47" and longitude 123° 10' 47" latitude 48° 39' 33", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (12) Stuart Island reef net fishing area number 2 includes those waters within 250 feet of Gossip Island, also known as Happy Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (13) Johns Island reef net fishing area includes those waters inland and inside a line projected from the eastern point of Johns Island to the northwestern point of Little Cactus Island, thence northwesterly to a point on Johns Island at longitude 123° 09' 24" latitude 48° 39' 59", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (14) Battleship Island reef net fishing area includes those waters lying within 350 feet of Battleship Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (15) Open Bay reef net fishing area includes those waters lying within 150 feet of shore between lines projected true east from a point on Henry Island at longitude 123° 11' 34 1/2" latitude 48° 35' 27 1/2" at a point 250 feet south, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (16) Mitchell Reef net fishing area includes those waters within a line beginning at the rock shown on U.S.G.S. map number 6380 at longitude 123° 10' 56" latitude 48° 34' 49 1/2", and projected 50 feet northwesterly, thence southwesterly 250 feet, thence southeasterly 300 feet, thence northeasterly 250 feet, thence to the point of beginning, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (17) Smugglers Cove reef fishing area includes those waters within 200 feet of shore between lines projected true west from points on the shore of San Juan Island at longitude 123° 10' 29" latitude 48° 33' 50" and longitude 123° 10' 31" latitude 48° 33' 45", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (18) Andrews Bay reef net fishing area includes those waters lying within 300 feet of the shore of San Juan Island between a line projected true south from a point at the northern entrance of Andrews Bay at longitude 123° 09' 53 1/2" latitude 48° 33' 00" and the cable crossing sign in Andrews Bay, at longitude 123° 09' 45" latitude 48° 33' 04", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (19) Orcas Island reef net fishing area includes those waters inland and inside a line projected true west a distance of 1,000 yards from the shore of Orcas Island at longitude 122° 57' 40" latitude 48° 41' 06" thence northeasterly to a point 500 feet true west of Point Doughty, then true east to Point Doughty, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

Sec. 110   RCW 77.50.070 and 1998 c 190 s 80 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, the ((commission)) department shall not authorize gear other than troll gear or angling gear for taking salmon within the offshore waters or the waters of the Pacific Ocean over which the state has jurisdiction lying west of the following line: Commencing at the point of intersection of the international boundary line in the Strait of Juan de Fuca and a line drawn between the lighthouse on Tatoosh Island in Clallam County and Bonilla Point on Vancouver Island; thence southerly to the lighthouse on Tatoosh Island; thence southerly to the most westerly point of Cape Flattery; thence southerly along the state shoreline of the Pacific Ocean, crossing any river mouths at their most westerly points of land, to Point Brown at the entrance to Grays Harbor; thence southerly to Point Chehalis Light on Point Chehalis; thence southerly from Point Chehalis along the state shoreline of the Pacific Ocean to the Cape Shoalwater tower at the entrance to Willapa Bay; thence southerly to Leadbetter Point; thence southerly along the state shoreline of the Pacific Ocean to the inshore end of the North jetty at the entrance to the Columbia River; thence southerly to the knuckle of the South jetty at the entrance to said river.
     (2) The ((commission)) department may authorize the use of nets for taking salmon in the waters described in subsection (1) of this section for scientific investigations.

Sec. 111   RCW 77.50.090 and 1998 c 190 s 82 are each amended to read as follows:
     The ((commission)) department shall not authorize commercial bottom trawling for food fish and shellfish in all areas of Hood Canal south of a line projected from Tala Point to Foulweather Bluff and in Puget Sound south of a line projected from Foulweather Bluff to Double Bluff and including all marine waters east of Whidbey Island and Camano Island.

Sec. 112   RCW 77.50.100 and 1998 c 190 s 83 are each amended to read as follows:
     The ((commission)) department shall not authorize any commercial fisher to use more than fifty shrimp pots while commercially fishing for shrimp in that portion of Hood Canal lying south of the Hood Canal floating bridge.

Sec. 113   RCW 77.50.110 and 1998 c 190 s 84 are each amended to read as follows:
     The ((commission)) department shall not authorize angling gear or other personal use gear for commercial salmon fishing.

Sec. 114   RCW 77.55.011 and 2005 c 146 s 101 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, storm water runoff devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.
     (2) "Board" means the hydraulic appeals board created in RCW 77.55.301.
     (3) (("Commission" means the state fish and wildlife commission.
     (4))) "Department" means the department of fish and wildlife.
     (((5))) (4) "Director" means the director of the department of fish and wildlife.
     (((6))) (5) "Emergency" means an immediate threat to life, the public, property, or of environmental degradation.
     (((7))) (6) "Hydraulic project" means the construction or performance of work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or freshwaters of the state.
     (((8))) (7) "Imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application.
     (((9))) (8) "Marina" means a public or private facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.
     (((10))) (9) "Marine terminal" means a public or private commercial wharf located in the navigable water of the state and used, or intended to be used, as a port or facility for the storing, handling, transferring, or transporting of goods to and from vessels.
     (((11))) (10) "Ordinary high water line" means the mark on the shores of all water that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years as to mark upon the soil or vegetation a character distinct from the abutting upland. Provided, that in any area where the ordinary high water line cannot be found, the ordinary high water line adjoining saltwater is the line of mean higher high water and the ordinary high water line adjoining fresh water is the elevation of the mean annual flood.
     (((12))) (11) "Permit" means a hydraulic project approval permit issued under this chapter.
     (((13))) (12) "Sandbars" includes, but is not limited to, sand, gravel, rock, silt, and sediments.
     (((14))) (13) "Small scale prospecting and mining" means the use of only the following methods: Pans; nonmotorized sluice boxes; concentrators; and minirocker boxes for the discovery and recovery of minerals.
     (((15))) (14) "Spartina," "purple loosestrife," and "aquatic noxious weeds" have the same meanings as defined in RCW 17.26.020.
     (((16))) (15) "Streambank stabilization" means those projects that prevent or limit erosion, slippage, and mass wasting. These projects include, but are not limited to, bank resloping, log and debris relocation or removal, planting of woody vegetation, bank protection using rock or woody material or placement of jetties or groins, gravel removal, or erosion control.
     (((17))) (16) "Tide gate" means a one-way check valve that prevents the backflow of tidal water.
     (((18))) (17) "Waters of the state" and "state waters" means all salt and fresh waters waterward of the ordinary high water line and within the territorial boundary of the state.

Sec. 115   RCW 77.55.191 and 2005 c 146 s 506 are each amended to read as follows:
     (1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game fish resources in these streams and rivers and to protect them against undue industrial encroachment.
     (2) Within the sanctuary area:
     (a) The department shall not issue a permit to construct a dam greater than twenty-five feet high within the migration range of anadromous fish as determined by the department.
     (b) A person shall not divert water from rivers and streams in quantities that will reduce the respective stream flow below the annual average low flow, based upon data published in United States geological survey reports.
     (3) The ((commission)) department may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section.
     (4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.

Sec. 116   RCW 77.60.020 and 1995 1st sp.s. c 2 s 28 are each amended to read as follows:
     Only upon recommendation of the ((commission)) department may the state oyster reserves be sold, leased, or otherwise disposed of by the department of natural resources.

Sec. 117   RCW 77.60.030 and 2000 c 107 s 22 are each amended to read as follows:
     It is the policy of the state to improve state oyster reserves so that they are productive and yield a revenue sufficient for their maintenance. In fixing the price of oysters and other shellfish sold from the reserves, the ((director)) department shall take into consideration this policy. It is also the policy of the state to maintain the oyster reserves to furnish shellfish to growers and processors and to stock public beaches.
     Shellfish may be harvested from state oyster reserves for personal use as prescribed by rule of the ((director)) department.
     The ((director)) department shall periodically inventory the state oyster reserves and assign the reserve lands into management categories:
     (1) Native Olympia oyster broodstock reserves;
     (2) Commercial shellfish harvesting zones;
     (3) Commercial shellfish propagation zones designated for long-term leasing to private aquaculturists;
     (4) Public recreational shellfish harvesting zones;
     (5) Unproductive land.
     The ((director)) department shall manage each category of oyster reserve land to maximize the sustained yield production of shellfish consistent with the purpose for establishment of each management category.
     The ((commission)) department shall develop an oyster reserve management plan, to include recommendations for leasing reserve lands, in coordination with the shellfish industry, by January 1, 1986.
     The ((director)) department shall protect, reseed, improve the habitat of, and replant state oyster reserves. The ((director)) department shall also issue cultch permits and oyster reserve fishery licenses.

Sec. 118   RCW 77.60.100 and 2000 c 107 s 26 are each amended to read as follows:
     The ((commission)) department may examine the clam, mussel, and oyster beds located on aquatic lands belonging to the state and request the commissioner of public lands to withdraw these lands from sale and lease for the purpose of establishing reserves or public beaches. The ((director)) department shall conserve, protect, and develop these reserves and the oyster, shrimp, clam, and mussel beds on state lands.

Sec. 119   RCW 77.65.420 and 2000 c 107 s 53 are each amended to read as follows:
     By July 1, 1994, the ((commission)) department jointly with the appropriate Indian tribes, shall each establish a wild salmonid policy. The policy shall ensure that department actions and programs are consistent with the goals of rebuilding wild stock populations to levels that permit commercial and recreational fishing opportunities.

Sec. 120   RCW 77.65.480 and 1991 sp.s. c 7 s 4 are each amended to read as follows:
     (1) A taxidermy license allows the holder to practice taxidermy for profit. The fee for this license is one hundred eighty dollars.
     (2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs for profit. The fee for this license is one hundred eighty dollars.
     (3) A fishing guide license allows the holder to offer or perform the services of a professional guide in the taking of game fish. The fee for this license is one hundred eighty dollars for a resident and six hundred dollars for a nonresident.
     (4) A game farm license allows the holder to operate a game farm to acquire, breed, grow, keep, and sell wildlife under conditions prescribed by the rules adopted pursuant to this title. The fee for this license is seventy-two dollars for the first year and forty-eight dollars for each following year.
     (5) A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the ((commission)) department. The fee for this permit is twenty-four dollars.
     (6) A fishing or field trial permit allows the holder to promote, conduct, hold, or sponsor a fishing or field trial contest in accordance with rules of the ((commission)) department. The fee for a fishing contest permit is twenty-four dollars. The fee for a field trial contest permit is twenty-four dollars.
     (7) An anadromous game fish buyer's license allows the holder to purchase or sell steelhead trout and other anadromous game fish harvested by Indian fishermen lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the ((director)) department. The fee for this license is one hundred eighty dollars.

Sec. 121   RCW 77.65.510 and 2003 c 387 s 2 are each amended to read as follows:
     (1) The department must establish and administer a direct retail endorsement to serve as a single license that permits the holder of a Washington license to commercially harvest retail-eligible species and to clean, dress, and sell his or her catch directly to consumers at retail, including over the internet. The direct retail endorsement must be issued as an optional addition to all holders of a commercial fishing license for retail-eligible species that the department offers under this chapter.
     (2) The direct retail endorsement must be offered at the time of application for the qualifying commercial fishing license. Individuals in possession of a qualifying commercial fishing license issued under this chapter may add a direct retail endorsement to their current license at any time. Individuals who do not have a commercial fishing license for retail-eligible species issued under this chapter may not receive a direct retail endorsement. The costs, conditions, responsibilities, and privileges associated with the endorsed commercial fishing license is not affected or altered in any way by the addition of a direct retail endorsement. These costs include the base cost of the license and any revenue and excise taxes.
     (3) An individual need only add one direct retail endorsement to his or her license portfolio. If a direct retail endorsement is selected by an individual holding more than one commercial fishing license issued under this chapter, a single direct retail endorsement is considered to be added to all qualifying commercial fishing licenses held by that individual, and is the only license required for the individual to sell at retail any retail-eligible species permitted by all of the underlying endorsed licenses. The direct retail endorsement applies only to the person named on the endorsed license, and may not be used by an alternate operator named on the endorsed license.
     (4) In addition to any fees charged for the endorsed licenses and harvest documentation as required by this chapter or the rules of the department, the department may set a reasonable annual fee not to exceed the administrative costs to the department for a direct retail endorsement.
     (5) The holder of a direct retail endorsement is responsible for documenting the commercial harvest of salmon and crab according to the provisions of this chapter, the rules of the department for a wholesale fish dealer, and the reporting requirements of the endorsed license. Any retail-eligible species caught by the holder of a direct retail endorsement must be documented on fish tickets.
     (6) The direct retail endorsement must be displayed in a readily visible manner by the seller wherever and whenever a sale to someone other than a licensed wholesale dealer occurs. The ((commission)) department may require that the holder of a direct retail endorsement notify the department up to eighteen hours before conducting an in-person sale of retail-eligible species, except for in-person sales that have a cumulative retail sales value of less than one hundred fifty dollars in a twenty-four hour period that are sold directly from the vessel. For sales occurring in a venue other than in person, such as over the internet, through a catalog, or on the phone, the direct retail endorsement number of the seller must be provided to the buyer both at the time of sale and the time of delivery. All internet sales must be conducted in accordance with federal laws and regulations.
     (7) The direct retail endorsement is to be held by a natural person and is not transferrable or assignable. If the endorsed license is transferred, the direct retail endorsement immediately becomes void, and the transferor is not eligible for a full or prorated reimbursement of the annual fee paid for the direct retail endorsement. Upon becoming void, the holder of a direct retail endorsement must surrender the physical endorsement to the department.
     (8) The holder of a direct retail endorsement must abide by the provisions of Title 69 RCW as they apply to the processing and retail sale of seafood. The department must distribute a pamphlet, provided by the department of agriculture, with the direct retail endorsement generally describing the labeling requirements set forth in chapter 69.04 RCW as they apply to seafood.
     (9) The holder of a qualifying commercial fishing license issued under this chapter must either possess a direct retail endorsement or a wholesale dealer license provided for in RCW 77.65.280 in order to lawfully sell their catch or harvest in the state to anyone other than a licensed wholesale dealer.
     (10) The direct retail endorsement entitles the holder to sell a retail-eligible species only at a temporary food service establishment as that term is defined in RCW 69.06.045, or directly to a restaurant or other similar food service business.

Sec. 122   RCW 77.70.450 and 2003 c 174 s 1 are each amended to read as follows:
     The commercial fisheries buyback account is created in the custody of the state treasurer. All receipts from money collected by the ((commission)) department under RCW 77.70.460, moneys appropriated for the purposes of this section, and other gifts, grants, or donations specifically made to the fund must be deposited into the account. Expenditures from the account may be used only for the purpose of repaying moneys advanced by the federal government under a groundfish fleet reduction program established by the federal government, or for other fleet reduction efforts, commercial fishing license buyback programs, or similar programs designed to reduce the harvest capacity in a commercial fishery. Only the director ((of the department)) or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 123   RCW 77.70.460 and 2003 c 174 s 2 are each amended to read as follows:
     (1) The ((commission)) department shall collect a fee upon all deliveries of fish or shellfish from persons holding: (a) A federal pacific groundfish limited entry permit with a trawl endorsement; (b) an ocean pink shrimp delivery license issued under RCW 77.65.390; (c) a Dungeness crab -- coastal fishery license issued under RCW 77.70.280; (d) a food fish delivery license issued under RCW 77.65.200; or (e) a shrimp trawl license under RCW 77.65.220, to repay the federal government for moneys advanced by the federal government under a groundfish fleet reduction program established by the federal government.
     (2) The ((commission)) department shall adopt a fee schedule by rule for the collection of the fee required by subsection (1) of this section. The fee schedule adopted shall limit the total amount of moneys collected through the fee to the minimum amount necessary to repay the moneys advanced by the federal government, but be sufficient to repay the debt obligation of each fishery. The fee charged to the holders of a Dungeness crab -- coastal fishery license may not exceed two percent of the total ex-vessel value of annual landings, and the fee charged to all other eligible license holders may not exceed five percent of the total ex-vessel value of annual landings. The ((commission)) department may adjust the fee schedule as necessary to ensure that the funds collected are adequate to repay the debt obligation of each fishery.
     (3) The ((commission)) department shall deposit moneys collected under this section in the commercial fisheries buyback account created in RCW 77.70.450.

Sec. 124   RCW 77.70.470 and 2003 c 174 s 3 are each amended to read as follows:
     The ((commission)) department may not assess the fee specified under RCW 77.70.460 until after the federal government creates a groundfish fleet reduction program.

Sec. 125   RCW 77.75.020 and 2000 c 107 s 86 are each amended to read as follows:
     The ((commission)) department may give to the state of Oregon such consent and approbation of the state of Washington as is necessary under the compact set out in RCW 77.75.010. For the purposes of RCW 77.75.010, the states of Washington and Oregon have concurrent jurisdiction in the concurrent waters of the Columbia river.

Sec. 126   RCW 77.75.040 and 1995 1st sp.s. c 2 s 20 are each amended to read as follows:
     ((A member selected by or a designee of the fish and wildlife commission)) The director or the director's designee, ex officio, and two appointees of the governor representing the fishing industry shall act as the representatives of this state on the Pacific Marine Fisheries Commission. The appointees of the governor are subject to confirmation by the state senate.

Sec. 127   RCW 77.75.100 and 1980 c 78 s 62 are each amended to read as follows:
     The ((commission)) department may cooperate with the Idaho fish and game commission in the adoption and enforcement of rules regarding wildlife on that portion of the Snake river forming the boundary between Washington and Idaho.

Sec. 128   RCW 77.75.140 and 1995 1st sp.s. c 2 s 21 are each amended to read as follows:
     The ((commission)) department may adopt and enforce the provisions of the treaty between the government of the United States and the government of Canada concerning Pacific salmon, treaty document number 99-2, entered into force March 18, 1985, at Quebec City, Canada, and the regulations of the ((commission)) department adopted under authority of the treaty.

Sec. 129   RCW 77.85.220 and 2003 c 391 s 4 are each amended to read as follows:
     (1) If a limiting factors analysis has been conducted under this chapter for a specific geographic area and that analysis shows insufficient intertidal salmon habitat, the department ((of fish and wildlife)) and the county legislative authorities of the affected counties may jointly initiate a salmon intertidal habitat restoration planning process to develop a plan that addresses the intertidal habitat goals contained in the limiting factors analysis. The ((fish and wildlife commission)) department and the county legislative authorities of the geographic area shall jointly appoint a task force composed of the following members:
     (a) One representative of the ((fish and wildlife commission)) department, appointed by the ((chair of the commission)) director;
     (b) Two representatives of the agricultural industry familiar with agricultural issues in the geographic area, one appointed by an organization active in the geographic area and one appointed by a statewide organization representing the industry;
     (c) Two representatives of environmental interest organizations with familiarity and expertise of salmon habitat, one appointed by an organization in the geographic area and one appointed by a statewide organization representing environmental interests;
     (d) One representative of a diking and drainage district, appointed by the individual districts in the geographic area or by an association of diking and drainage districts;
     (e) One representative of the lead entity for salmon recovery in the geographic area, appointed by the lead entity;
     (f) One representative of each county in the geographic area, appointed by the respective county legislative authorities; and
     (g) One representative from the office of the governor.
     (2) Representatives of the United States environmental protection agency, the United States natural resources conservation service, federal fishery agencies, as appointed by their regional director, and tribes with interests in the geographic area shall be invited and encouraged to participate as members of the task force.
     (3) The task force shall elect a chair and adopt rules for conducting the business of the task force. Staff support for the task force shall be provided by the Washington state conservation commission.
     (4) The task force shall:
     (a) Review and analyze the limiting factors analysis for the geographic area;
     (b) Initiate and oversee intertidal salmon habitat studies for enhancement of the intertidal area as provided in RCW 77.85.230;
     (c) Review and analyze the completed assessments listed in RCW 77.85.230;
     (d) Develop and draft an overall plan that addresses identified intertidal salmon habitat goals that has public support; and
     (e) Identify appropriate demonstration projects and early implementation projects that are of high priority and should commence immediately within the geographic area.
     (5) The task force may request briefings as needed on legal issues that may need to be considered when developing or implementing various plan options.
     (6) Members of the task force shall be reimbursed by the conservation commission for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (7) The task force shall provide annual reports that provide an update on its activities to the ((fish and wildlife commission)) department, to the involved county legislative authorities, and to the lead entity formed under this chapter.

Sec. 130   RCW 77.85.230 and 2003 c 391 s 5 are each amended to read as follows:
     (1) In consultation with the task force created in RCW 77.85.220, the conservation commission may contract with universities, private consultants, nonprofit groups, or other entities to assist it in developing a plan incorporating the following elements:
     (a) An inventory of existing tide gates located on streams in the county. The inventory shall include location, age, type, and maintenance history of the tide gates and other factors as determined by the task force in consultation with the county and diking and drainage districts;
     (b) An assessment of the role of tide gates located on streams in the county; the role of intertidal fish habitat for various life stages of salmon; the quantity and characterization of intertidal fish habitat currently accessible to fish; the quantity and characterization of the present intertidal fish habitat created at the time the dikes and outlets were constructed; the quantity of potential intertidal fish habitat on public lands and alternatives to enhance this habitat; the effects of saltwater intrusion on agricultural land, including the effects of backfeeding of saltwater through the underground drainage system; the role of tide gates in drainage systems, including relieving excess water from saturated soil and providing reservoir functions between tides; the effect of saturated soils on production of crops; the characteristics of properly functioning intertidal fish habitat; a map of agricultural lands designated by the county as having long-term commercial significance and the effect of that designation; and the economic impacts to existing land uses for various alternatives for tide gate alteration; and
     (c) A long-term plan for intertidal salmon habitat enhancement to meet the goals of salmon recovery and protection of agricultural lands. The proposal shall consider all other means to achieve salmon recovery without converting farmland. The proposal shall include methods to increase fish passage and otherwise enhance intertidal habitat on public lands pursuant to subsection (2) of this section, voluntary methods to increase fish passage on private lands, a priority list of intertidal salmon enhancement projects, and recommendations for funding of high priority projects. The task force also may propose pilot projects that will be designed to test and measure the success of various proposed strategies.
     (2) In conjunction with other public landowners and the task force created in RCW 77.85.220, the department shall develop an initial salmon intertidal habitat enhancement plan for public lands in the county. The initial plan shall include a list of public properties in the intertidal zone that could be enhanced for salmon, a description of how those properties could be altered to support salmon, a description of costs and sources of funds to enhance the property, and a strategy and schedule for prioritizing the enhancement of public lands for intertidal salmon habitat. This initial plan shall be submitted to the task force at least six months before the deadline established in subsection (3) of this section.
     (3) The final intertidal salmon enhancement plan shall be completed within two years from the date the task force is formed and funding has been secured. A final plan shall be submitted by the task force to the lead entity for the geographic area established under this chapter.

Sec. 131   RCW 77.95.010 and 1995 1st sp.s. c 2 s 33 are each amended to read as follows:
     Currently, many of the salmon stocks of Washington state are critically reduced from their sustainable level. The best interests of all fishing groups and the citizens as a whole are served by a stable and productive salmon resource. Immediate action is needed to reverse the severe decline of the resource and to insure its very survival. The legislature finds a state of emergency exists and that immediate action is required to restore its fishery.
     Disagreement and strife have dominated the salmon fisheries for many years. Conflicts among the various fishing interests have only served to erode the resource. It is time for the state of Washington to make a major commitment to increasing productivity of the resource and to move forward with an effective rehabilitation and enhancement program. The ((commission)) department is directed to dedicate its efforts ((and the efforts of the department)) to seek resolution to the many conflicts that involve the resource.
     Success of the enhancement program can only occur if projects efficiently produce salmon or restore habitat. The expectation of the program is to optimize the efficient use of funding on projects that will increase artificially and naturally produced salmon, restore and improve habitat, or identify ways to increase the survival of salmon. The full utilization of state resources and cooperative efforts with interested groups are essential to the success of the program.

Sec. 132   RCW 77.95.020 and 1995 1st sp.s. c 2 s 34 are each amended to read as follows:
     (1) The ((commission)) department shall develop long-term regional policy statements regarding the salmon fishery resources before December 1, 1985. The ((commission)) department shall consider the following in formulating and updating regional policy statements:
     (a) Existing resource needs;
     (b) Potential for creation of new resources;
     (c) Successful existing programs, both within and outside the state;
     (d) Balanced utilization of natural and hatchery production;
     (e) Desires of the fishing interest;
     (f) Need for additional data or research;
     (g) Federal court orders; and
     (h) Salmon advisory council recommendations.
     (2) The ((commission)) department shall review and update each policy statement at least once each year.

Sec. 133   RCW 77.95.030 and 1995 1st sp.s. c 2 s 35 are each amended to read as follows:
     (1) The ((commission)) department shall develop a detailed salmon enhancement plan with proposed enhancement projects. The plan and the regional policy statements shall be submitted to the secretary of the senate and chief clerk of the house of representatives for legislative distribution by June 30, 1986. The enhancement plan and regional policy statements shall be provided by June 30, 1986, to the natural resources committees of the house of representatives and the senate. The ((commission)) department shall provide a maximum opportunity for the public to participate in the development of the salmon enhancement plan. To ((insure)) ensure full participation by all interested parties, the ((commission)) department shall solicit and consider enhancement project proposals from Indian tribes, sports ((fishermen)) fishers, commercial ((fishermen)) fishers, private aquaculturists, and other interested groups or individuals for potential inclusion in the salmon enhancement plan. Joint or cooperative enhancement projects shall be considered for funding.
     (2) The following criteria shall be used by the ((commission)) department in formulating the project proposals:
     (a) Compatibility with the long-term policy statement;
     (b) Benefit/cost analysis;
     (c) Needs of all fishing interests;
     (d) Compatibility with regional plans, including harvest management plans;
     (e) Likely increase in resource productivity;
     (f) Direct applicability of any research;
     (g) Salmon advisory council recommendations;
     (h) Compatibility with federal court orders;
     (i) Coordination with the salmon and steelhead advisory commission program;
     (j) Economic impact to the state;
     (k) Technical feasibility; and
     (l) Preservation of native salmon runs.
     (3) The ((commission)) department shall not approve projects that serve as replacement funding for projects that exist prior to May 21, 1985, unless no other sources of funds are available.
     (4) The ((commission)) department shall prioritize various projects and establish a recommended implementation time schedule.

Sec. 134   RCW 77.95.040 and 1995 1st sp.s. c 2 s 36 are each amended to read as follows:
     Upon approval by the legislature of funds for its implementation, the ((commission)) department shall monitor the progress of projects detailed in the salmon enhancement plan.
     The ((commission)) department shall be responsible for establishing criteria which shall be used to measure the success of each project in the salmon enhancement plan.

Sec. 135   RCW 77.95.060 and 1995 1st sp.s. c 2 s 38 are each amended to read as follows:
     The legislature finds that it is in the best interest of the salmon resource of the state to encourage the development of regional fisheries enhancement groups. The accomplishments of one existing group, the Grays Harbor fisheries enhancement task force, have been widely recognized as being exemplary. The legislature recognizes the potential benefits to the state that would occur if each region of the state had a similar group of dedicated citizens working to enhance the salmon resource.
     The legislature authorizes the formation of regional fisheries enhancement groups. These groups shall be eligible for state financial support and shall be actively supported by the ((commission and the)) department. The regional groups shall be operated on a strictly nonprofit basis, and shall seek to maximize the efforts of volunteer and private donations to improve the salmon resource for all citizens of the state.

Sec. 136   RCW 77.95.090 and 2000 c 107 s 106 are each amended to read as follows:
     The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the ((commission or the commission's)) director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
     A portion of each recreational fishing license fee shall be used as provided in RCW 77.32.440. A surcharge of one hundred dollars shall be collected on each commercial salmon fishery license, each salmon delivery license, and each salmon charter license sold in the state. All receipts shall be placed in the regional fisheries enhancement group account and shall be used exclusively for regional fisheries enhancement group projects for the purposes of RCW 77.95.110. Funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991.
     All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the regional fisheries enhancement group account for use by the regional fisheries enhancement group that produced the surplus. The ((commission)) department shall adopt rules to implement this section pursuant to chapter 34.05 RCW.

Sec. 137   RCW 77.95.110 and 2000 c 107 s 108 are each amended to read as follows:
     (1) A regional fisheries enhancement group advisory board is established to make recommendations to the ((commission)) department. The members shall be appointed by the ((commission)) director and consist of two commercial fishing representatives, two recreational fishing representatives, and three at-large positions. At least two of the advisory board members shall be members of a regional fisheries enhancement group. Advisory board members shall serve three-year terms. The advisory board membership shall include two members serving ex officio to be nominated, one through the Northwest Indian fisheries commission, and one through the Columbia river intertribal fish commission. The chair of the regional fisheries enhancement group advisory board shall be elected annually by members of the regional fisheries enhancement group advisory board. The advisory board shall meet at least quarterly. All meetings of the advisory board shall be open to the public under the open public meetings act, chapter 42.30 RCW.
     The department shall invite the advisory board to comment and provide input into all relevant policy initiatives, including, but not limited to, wild stock, hatcheries, and habitat restoration efforts.
     (2) Members shall not be compensated but shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (3) The department may use account funds to provide agency assistance to the groups, to provide professional, administrative or clerical services to the advisory board, or to implement the training and technical assistance services plan as developed by the advisory board pursuant to RCW 77.95.120. The level of account funds used by the department shall be determined by the ((commission)) department after review of recommendation by the regional fisheries enhancement group advisory board and shall not exceed twenty percent of annual contributions to the account.

Sec. 138   RCW 77.95.140 and 1995 1st sp.s. c 2 s 41 are each amended to read as follows:
     The ((commission)) department shall prepare a salmon recovery plan for the Skagit river. The plan shall include strategies for employing displaced timber workers to conduct salmon restoration and other tasks identified in the plan. The plan shall incorporate the best available technology in order to achieve maximum restoration of depressed salmon stocks. The plan must encourage the restoration of natural spawning areas and natural rearing of salmon but must not preclude the development of an active hatchery program.

Sec. 139   RCW 77.95.200 and 1998 c 251 s 2 are each amended to read as follows:
     (1) The department shall develop and implement a program utilizing remote site incubators in Washington state. The program shall identify sites in tributaries that are suitable for reestablishing self-sustaining, locally adapted populations of coho, chum, or chinook salmon. The initial selection of sites shall be completed by July 1, 1999, and updated annually thereafter.
     (2) The department may only approve a remote site incubator project if the department deems it is consistent with the conservation of wild salmon and trout. The department shall only utilize appropriate salmonid eggs in remote site incubators, and may acquire eggs by gift or purchase.
     (3) The department shall depend chiefly upon volunteer efforts to implement the remote site incubator program through volunteer cooperative projects and the regional fisheries enhancement groups. The department may prioritize remote site incubator projects within regional enhancement areas.
     (4) The department may purchase remote site incubators and may use agency employees to construct remote site incubators. The director and the secretary of the department of corrections shall jointly investigate the potential of producing remote site incubators through the prison industries program of the department of corrections, and shall jointly report their finding to the natural resources committees of the house of representatives and the senate by December 1, 1999.
     (5) The department shall investigate the use of the remote site incubator technology for the production of warm water fish.
     (6) The department shall evaluate the initial results of the program and report to the legislature by December 1, 2000. Annual reports on the progress of the program shall be provided to the ((fish and wildlife commission)) director.

Sec. 140   RCW 77.100.060 and 2001 c 337 s 4 are each amended to read as follows:
     The ((commission)) department shall establish by rule:
     (1) The procedure for entering a cooperative agreement and the application forms for a permit to release fish or wildlife ((required by RCW 77.12.457)). The procedure shall indicate the information required from the volunteer group as well as the process of review by the department. The process of review shall include the means to coordinate with other agencies and Indian tribes when appropriate and to coordinate the review of any necessary hydraulic permit approval applications.
     (2) The procedure for providing within forty-five days of receipt of a proposal a written response to the volunteer group indicating the date by which an acceptance or rejection of the proposal can be expected, the reason why the date was selected, and a written summary of the process of review. The response should also include any suggested modifications to the proposal which would increase its likelihood of approval and the date by which such modified proposal could be expected to be accepted. If the proposal is rejected, the department must provide in writing the reasons for rejection. The volunteer group may request the director or the director's designee to review information provided in the response.
     (3) The priority of the uses to which eggs, seed, juveniles, or brood stock are put. Use by cooperative projects shall be second in priority only to the needs of programs of the department or of other public agencies within the territorial boundaries of the state. Sales of eggs, seed, juveniles, or brood stock have a lower priority than use for cooperative projects. The rules must identify and implement appropriate protocols for brood stock handling, including the outplanting of adult fish, spawning, incubation, rearing, and release and establish a prioritized schedule for implementation of chapter 337, Laws of 2001, and shall include directives for allowing more hatchery salmon to spawn naturally in areas where progeny of hatchery fish have spawned, including the outplanting of adult fish, in order to increase the number of viable salmon eggs and restore healthy numbers of fish within the state.
     (4) The procedure for the director to notify a volunteer group that the agreement for the project is being revoked for cause and the procedure for revocation. Revocation shall be documented in writing to the volunteer group. Cause for revocation may include: (a) The unavailability of adequate biological or financial resources; (b) the development of unacceptable biological or resource management conflicts; or (c) a violation of agreement provisions. Notice of cause to revoke for a violation of agreement provisions may specify a reasonable period of time within which the volunteer group must comply with any violated provisions of the agreement.
     (5) An appropriate method of distributing among volunteer groups fish, bird, or animal food or other supplies available for the program.

Sec. 141   RCW 77.100.080 and 2000 c 107 s 113 are each amended to read as follows:
     (1) The volunteer group shall:
     (a) Provide care and diligence in conducting the cooperative project; and
     (b) Maintain accurately the required records of the project on forms provided by the department.
     (2) The volunteer group shall acknowledge that fish and game reared in cooperative projects are public property and must be handled and released for the benefit of all citizens of the state. The fish and game are to remain public property until reduced to private ownership under rules of the ((commission)) department.

Sec. 142   RCW 77.115.010 and 2000 c 107 s 122 are each amended to read as follows:
     (1) The director of agriculture and the director shall jointly develop a program of disease inspection and control for aquatic farmers as defined in RCW 15.85.020. The program shall be administered by the department under rules established under this section. The purpose of the program is to protect the aquaculture industry and wildstock fisheries from a loss of productivity due to aquatic diseases or maladies. As used in this section "diseases" means, in addition to its ordinary meaning, infestations of parasites or pests. The disease program may include, but is not limited to, the following elements:
     (a) Disease diagnosis;
     (b) Import and transfer requirements;
     (c) Provision for certification of stocks;
     (d) Classification of diseases by severity;
     (e) Provision for treatment of selected high-risk diseases;
     (f) Provision for containment and eradication of high-risk diseases;
     (g) Provision for destruction of diseased cultured aquatic products;
     (h) Provision for quarantine of diseased cultured aquatic products;
     (i) Provision for coordination with state and federal agencies;
     (j) Provision for development of preventative or control measures;
     (k) Provision for cooperative consultation service to aquatic farmers; and
     (l) Provision for disease history records.
     (2) The ((commission)) department shall adopt rules implementing this section. However, such rules shall have the prior approval of the director of agriculture and shall provide therein that the director of agriculture has provided such approval. The director of agriculture or the director's designee shall attend the rule-making hearings conducted under chapter 34.05 RCW and shall assist in conducting those hearings. The authorities granted the department by these rules and by RCW 77.12.047(1)(g), 77.60.060, 77.60.080, 77.65.210, ((77.115.020,)) 77.115.030, and 77.115.040 constitute the only authorities of the department to regulate private sector cultured aquatic products and aquatic farmers as defined in RCW 15.85.020. Except as provided in subsection (3) of this section, no action may be taken against any person to enforce these rules unless the department has first provided the person an opportunity for a hearing. In such a case, if the hearing is requested, no enforcement action may be taken before the conclusion of that hearing.
     (3) The rules adopted under this section shall specify the emergency enforcement actions that may be taken by the department, and the circumstances under which they may be taken, without first providing the affected party with an opportunity for a hearing. Neither the provisions of this subsection nor the provisions of subsection (2) of this section shall preclude the department from requesting the initiation of criminal proceedings for violations of the disease inspection and control rules.
     (4) A person shall not violate the rules adopted under subsection (2) or (3) of this section or violate RCW 77.115.040.
     (5) In administering the program established under this section, the department shall use the services of a pathologist licensed to practice veterinary medicine.
     (6) The director in administering the program shall not place constraints on or take enforcement actions in respect to the aquaculture industry that are more rigorous than those placed on the department or other fish-rearing entities.

Sec. 143   RCW 9.46.010 and 1996 c 101 s 2 are each amended to read as follows:
     The public policy of the state of Washington on gambling is to keep the criminal element out of gambling and to promote the social welfare of the people by limiting the nature and scope of gambling activities and by strict regulation and control.
     It is hereby declared to be the policy of the legislature, recognizing the close relationship between professional gambling and organized crime, to restrain all persons from seeking profit from professional gambling activities in this state; to restrain all persons from patronizing such professional gambling activities; to safeguard the public against the evils induced by common gamblers and common gambling houses engaged in professional gambling; and at the same time, both to preserve the freedom of the press and to avoid restricting participation by individuals in activities and social pastimes, which activities and social pastimes are more for amusement rather than for profit, do not maliciously affect the public, and do not breach the peace.
     The legislature further declares that the raising of funds for the promotion of bona fide charitable or nonprofit organizations is in the public interest as is participation in such activities and social pastimes as are hereinafter in this chapter authorized.
     The legislature further declares that the conducting of bingo, raffles, and amusement games and the operation of punchboards, pull-tabs, card games and other social pastimes, when conducted pursuant to the provisions of this chapter and any rules and regulations adopted pursuant thereto, are hereby authorized, as are only such lotteries for which no valuable consideration has been paid or agreed to be paid as hereinafter in this chapter provided.
     The legislature further declares that fishing derbies shall not constitute any form of gambling and shall not be considered as a lottery, a raffle, or an amusement game and shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder.
     The legislature further declares that raffles authorized by the department of fish and wildlife ((commission)) involving hunting big game animals or wild turkeys shall not be subject to the provisions of this chapter or any rules and regulations adopted hereunder, with the exception of this section and RCW 9.46.400.
     All factors incident to the activities authorized in this chapter shall be closely controlled, and the provisions of this chapter shall be liberally construed to achieve such end.

Sec. 144   RCW 9.46.400 and 1996 c 101 s 3 are each amended to read as follows:
     Any raffle authorized by the department of fish and wildlife ((commission)) involving hunting big game animals or wild turkeys shall not be subject to any provisions of this chapter other than RCW 9.46.010 and this section or to any rules or regulations of the gambling commission.

Sec. 145   RCW 43.17.020 and 2007 c 341 s 47 are each amended to read as follows:
     There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of community, trade, and economic development, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, (14) the secretary of health, (15) the director of financial institutions, (16) the director of the department of archaeology and historic preservation, (17) the director of early learning, and (18) the executive director of the Puget Sound partnership.
     Such officers((, except the director of fish and wildlife,)) shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. ((The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.))

Sec. 146   RCW 79.105.430 and 2005 c 155 s 106 are each amended to read as follows:
     (1) The abutting residential owner to state-owned shorelands, tidelands, or related beds of navigable waters, other than harbor areas, may install and maintain without charge a dock on the areas if used exclusively for private recreational purposes and the area is not subject to prior rights, including any rights of upland, tideland, or shoreland owners as provided in RCW 79.125.400, 79.125.460, 79.125.410, and 79.130.010. The dock cannot be sold or leased separately from the upland residence. The dock cannot be used to moor boats for commercial or residential use. This permission is subject to applicable local, state, and federal rules and regulations governing location, design, construction, size, and length of the dock. Nothing in this subsection (1) prevents the abutting owner from obtaining a lease if otherwise provided by law.
     (2) The abutting residential owner to state-owned shorelands, tidelands, or related beds of navigable waters, other than harbor areas, may install and maintain a mooring buoy without charge if the boat that is moored to the buoy is used for private recreational purposes, the area is not subject to prior rights, including any rights of upland, tideland, or shoreland owners as provided in RCW 79.125.400, 79.125.460, 79.125.410, and 79.130.010, and the buoy will not obstruct the use of mooring buoys previously authorized by the department.
     (a) The buoy must be located as near to the upland residence as practical, consistent with applicable rules and regulations and the provisions of this section. The buoy must be located, or relocated if necessary, to accommodate the use of lawfully installed and maintained buoys.
     (b) If two or more residential owners, who otherwise qualify for free use under the provisions of this section, are in dispute over assertion of rights to install and maintain a mooring buoy in the same location, they may seek formal settlement through adjudication in superior court for the county in which the buoy site is located. In the adjudication, preference must be given to the residential owner that first installed and continually maintained and used a buoy on that site, if it meets all applicable rules, regulations, and provisions of this section, and then to the owner of the residential property nearest the site. Nothing in this section requires the department to mediate or otherwise resolve disputes between residential owners over the use of the same site for a mooring buoy.
     (c) The buoy cannot be sold or leased separately from the abutting residential property. The buoy cannot be used to moor boats for commercial or residential use, nor to moor boats over sixty feet in length.
     (d) If the department determines that it is necessary for secure moorage, the abutting residential owner may install and maintain a second mooring buoy, under the same provisions as the first, the use of which is limited to a second mooring line to the boat moored at the first buoy.
     (e) The permission granted in this subsection (2) is subject to applicable local, state, and federal rules and regulations governing location, design, installation, maintenance, and operation of the mooring buoy, anchoring system, and moored boat. Nothing in this subsection (2) prevents a boat owner from obtaining a lease if otherwise provided by law. This subsection (2) also applies to areas that have been designated by the commissioner or the department of fish and wildlife ((commission)) as aquatic reserves.
     (3) This permission to install and maintain a recreational dock or mooring buoy may be revoked by the department, or the department may direct the owner of a recreational dock or mooring buoy to relocate their dock or buoy, if the department makes a finding of public necessity to protect waterward access, ingress rights of other landowners, public health or safety, or public resources. Circumstances prompting a finding of public necessity may include, but are not limited to, the dock, buoy, anchoring system, or boat posing a hazard or obstruction to navigation or fishing, contributing to degradation of aquatic habitat, or contributing to decertification of shellfish beds otherwise suitable for commercial or recreational harvest. The revocation may be appealed as provided for under RCW 79.105.160.
     (4) Nothing in this section authorizes a boat owner to abandon a vessel at a recreational dock, mooring buoy, or elsewhere.

Sec. 147   RCW 79.135.320 and 2005 c 155 s 712 are each amended to read as follows:
     (1) In the event that the department of fish and wildlife ((commission)) approves the vacation of the whole or any part of a reserve, the department may vacate and offer for lease the parts or all of the reserve as it deems to be for the best interest of the state, and all moneys received for the lease of the lands shall be paid to the department.
     (2) Notwithstanding RCW 77.60.020, subsection (1) of this section, or any other provision of state law, the state oyster reserves in Eld Inlet, Hammersley Inlet, or Totten Inlet, situated in Mason or Thurston counties shall permanently be designated as state oyster reserve lands.

Sec. 148   RCW 79A.05.793 and 2000 c 11 s 64 are each amended to read as follows:
     Nothing in RCW 79A.05.750 through 79A.05.795 shall be construed to interfere with the powers, duties, and authority of the state department of fish and wildlife ((or the state fish and wildlife commission)) to regulate, manage, conserve, and provide for the harvest of wildlife within such area((: PROVIDED, HOWEVER, That)). However, no hunting shall be permitted in any state park.

NEW SECTION.  Sec. 149   The following acts or parts of acts are each repealed:
     (1) RCW 43.300.040 (Director's duties) and 1996 c 267 s 33 & 1993 sp.s. c 2 s 5; and
     (2) RCW 77.04.013 (Findings and intent) and 1995 1st sp.s. c 2 s 1.

NEW SECTION.  Sec. 150   Except for sections 5 and 9 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.