BILL REQ. #:  S-2055.2 

READ FIRST TIME 02/25/09.   

     AN ACT Relating to provisions regarding the department of fish and wildlife; amending RCW 77.15.050, 77.15.700, 77.15.310, 77.15.320, 77.15.610, 77.32.470, 77.65.010, 77.65.370, 77.65.440, 77.15.510, 77.65.480, 77.15.552, 77.08.010, 77.15.100, 77.15.370, 77.15.425, 77.15.568, 77.15.620, and 77.12.879; reenacting and amending RCW 77.12.170; adding new sections to chapter 77.15 RCW; adding a new section to chapter 77.32 RCW; adding a new chapter to Title 77 RCW; repealing RCW 77.12.065; and prescribing penalties.

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

Sec. 1   RCW 77.15.050 and 1998 c 190 s 6 are each amended to read as follows:
     (1) Unless the context clearly requires otherwise, as used in this chapter, "conviction" means:
     (a) A final conviction in a state or municipal court;
     (b) A failure to appear at a hearing to contest an infraction or criminal citation; or
     (c) An unvacated forfeiture of bail paid as a final disposition for an offense ((or an unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance in court)).
     (2) A plea of guilty, or a finding of guilt for a violation of this title or rule of the commission or director constitutes a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.

Sec. 2   RCW 77.15.700 and 2007 c 163 s 2 are each amended to read as follows:
     (1) The department shall impose revocation and suspension of privileges in the following circumstances:
     (((1))) (a) Upon conviction, if directed by statute for an offense((;)).
     (((2))) (b) Upon conviction of a violation not involving commercial fishing, 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 under this subsection may be permanent. ((This subsection (2) does not apply to violations involving commercial fishing;
     (3))) (c) 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)) under this subsection must be ordered for 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))) (d) If a person violates, three times or more in a ten-year period, recreational hunting or fishing laws or rules for which the person: (i) Is convicted of an offense((,)); (ii) has an uncontested notice of infraction((,)); (iii) fails to appear at a hearing to contest ((an)) a fish and wildlife infraction((,)); or (iv) 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 under this subsection must be ordered of all recreational hunting and fishing privileges for two years.
     (((b))) (2)(a) A violation punishable as an infraction counts towards the revocation and suspension of recreational hunting and fishing privileges ((only where)) under this section if 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))) (b) The commission may, by rule, designate ((additional)) infractions that do not count towards the revocation and suspension of recreational hunting and fishing privileges.
     (((5))) (3) 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)) either or both the deferred education licensee's and the nondeferred accompanying person's hunting privileges for one year.

Sec. 3   RCW 77.15.310 and 2003 c 39 s 38 are each amended to read as follows:
     (1) A person is guilty of unlawful failure to use or maintain an approved fish guard on a diversion device if the person owns, controls, or operates a device used for diverting or conducting water from a lake, river, or stream and:
     (a) The device is not equipped with a fish guard, screen, or bypass approved by the director as required by RCW ((77.55.040 or 77.55.320)) 77.57.010 or 77.57.070; or
     (b) The person knowingly fails to maintain or operate an approved fish guard, screen, or bypass so as to effectively screen or prevent fish from entering the intake.
     (2) Unlawful failure to use or maintain an approved fish guard, screen, or bypass on a diversion device is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day that a diversion device is operated without an approved or maintained fish guard, screen, or bypass is a separate offense.

Sec. 4   RCW 77.15.320 and 2000 c 107 s 241 are each amended to read as follows:
     (1) A person is guilty of unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction if the person owns, operates, or controls a dam or other obstruction to fish passage on a river or stream and:
     (a) The dam or obstruction is not provided with a durable and efficient fishway approved by the director as required by RCW ((77.55.060)) 77.57.030;
     (b) Fails to maintain a fishway in efficient operating condition; or
     (c) Fails to continuously supply a fishway with a sufficient supply of water to allow the free passage of fish.
     (2) Unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day of unlawful failure to provide, maintain, or operate a fishway is a separate offense.

Sec. 5   RCW 77.15.610 and 1998 c 190 s 33 are each amended to read as follows:
     (1) A person who holds a fur buyer's license or taxidermy license is guilty of unlawful use of a commercial wildlife license if the person:
     (a) Fails to have the license in possession while engaged in fur buying or practicing taxidermy for commercial purposes; or
     (b) Violates any rule of the department regarding reporting requirements or the use, possession, display, or presentation of the taxidermy or fur buyer's license.
     (2) Unlawful use of a commercial wildlife license is a misdemeanor.

Sec. 6   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 as defined by rule of the commission.
     (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 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. 7   RCW 77.65.010 and 2005 c 20 s 1 are each amended to read as follows:
     (1) Except as otherwise provided by this title, a person ((may not)) must have a license or permit issued by the director in order to engage in any of the following activities ((without a license or permit issued by the director)):
     (a) Commercially fish for or take food fish or shellfish;
     (b) Deliver from a commercial fishing vessel food fish or shellfish taken for commercial purposes in offshore waters. As used in this subsection, "deliver" means arrival at a place or port, and includes arrivals from offshore waters to waters within the state and arrivals from state or offshore waters;
     (c) Operate a charter boat or commercial fishing vessel engaged in a fishery;
     (d) Engage in processing or wholesaling food fish or shellfish; or
     (e) Act as a food fish guide ((for salmon)) for personal use in freshwater rivers and streams, ((other than that part of the Columbia river below the bridge at Longview)) except that a charter boat license is required to operate a vessel from which a person may for a fee fish for food fish in state waters listed in RCW 77.65.150(4)(b).
     (2) No person may engage in the activities described in subsection (1) of this section unless the licenses or permits required by this title are in the person's possession, and the person is the named license holder or an alternate operator designated on the license and the person's license is not suspended.
     (3) A valid Oregon license that is equivalent to a license under this title is valid in the concurrent waters of the Columbia river if the state of Oregon recognizes as valid the equivalent Washington license. The director may identify by rule what Oregon licenses are equivalent.
     (4) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

Sec. 8   RCW 77.65.370 and 1998 c 190 s 98 are each amended to read as follows:
     (1) A person shall not offer or perform the services of a ((professional salmon)) food fish guide without a food fish guide license in the taking of ((salmon)) food fish for personal use in freshwater rivers and streams, ((other than in that part of the Columbia river below the bridge at Longview, without a professional salmon guide license)) except that a charter boat license is required to operate a vessel from which a person may for a fee fish for food fish in state waters listed in RCW 77.65.150(4)(b).
     (2) Only an individual at least sixteen years of age may hold a ((professional salmon)) food fish guide license. No individual may hold more than one ((professional salmon)) food fish guide license.

Sec. 9   RCW 77.65.440 and 2000 c 107 s 55 are each amended to read as follows:
     The director shall issue the personal licenses listed in this section according to the requirements of this title. The licenses and their annual fees are:

Sec. 10   RCW 77.15.510 and 2001 c 253 s 43 are each amended to read as follows:
     (1) A person is guilty of ((commercial)) acting as a game fish ((guiding)) guide, food fish guide, or chartering without a license if:
     (a) The person operates a charter boat and does not hold the charter boat license required for the food fish taken;
     (b) The person acts as a ((professional salmon)) food fish guide and does not hold a ((professional salmon)) food fish guide license; or
     (c) The person acts as a game fish guide and does not hold a game fish guide license.
     (2) ((Commercial)) Acting without a game fish ((guiding or chartering without a)) guide license, food fish guide license, or charter license is a gross misdemeanor.

Sec. 11   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)) commercial purposes, as that term is defined in RCW 77.15.110. 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)) commercial purposes, as that term is defined in RCW 77.15.110. The fee for this license is one hundred eighty dollars.
     (3) A ((fishing)) game fish guide license allows the holder to offer or perform the services of a ((professional)) game fish 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. 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. The fee for a fishing contest permit is twenty-four dollars. The fee for a field trial contest permit is twenty-four dollars.
     (7)(a) 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)) fishers lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director. The fee for this license is one hundred eighty dollars.
     (b) An anadromous game fish buyer's license is not required for those businesses that buy steelhead trout and other anadromous game fish from Washington licensed game fish dealers and sell solely at retail.

Sec. 12   RCW 77.15.552 and 2003 c 386 s 3 are each amended to read as follows:
     (1) If a person is convicted of two or more qualifying commercial fishing violations within a three-year period, the person's commercial fishing license privileges ((to participate in the commercial fishery to which the violations applied)) under chapter 77.65 RCW may be suspended by the director for up to one year. A commercial ((fishery)) fishing license that is ((suspended under this section)) impacted by this privilege suspension may not be transferred after the director issues a notice of suspension, or used by an alternative operator or transferred during the period of suspension, if the person who is the subject of the suspension notice is the person who owns the commercial fishery license.
     (2) For the purposes of this section only, "qualifying commercial fishing violation" means either:
     (a) A conviction under RCW 77.15.500, 77.15.510, 77.15.520, 77.15.530, 77.15.550(1)(a), 77.15.570, 77.15.580, or 77.15.590;
     (b) A gross misdemeanor or felony involving commercial fish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold fish, other than shellfish, groundfish, or coastal pelagic species of baitfish totals greater than six percent, by weight, of the harvest available for inspection at the time of citation and the cumulative value of the unlawfully harvested fish is more than two hundred fifty dollars at the time of citation;
     (c) A gross misdemeanor or felony involving commercial groundfish or coastal pelagic baitfish harvest, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued under this title, if: (i) The quantity of unlawfully harvested, possessed, bought, or sold groundfish or coastal pelagic baitfish totals greater than ten percent, by weight, of the harvest available for inspection at the time of citation and has a cumulative value greater than five hundred dollars; or (ii) the quantity, by weight, of the unlawfully commercially harvested groundfish or coastal pelagic baitfish is ten percent greater than the landing allowances provided under rules adopted by the department for species categorized as over-fished by the national marine fisheries service; or
     (d) A gross misdemeanor or felony involving commercial shellfish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals greater than six percent of the harvest available for inspection at the time of citation; and (ii) totals fifty or more individual shellfish.
     (3)(a) The director may refer a person convicted of one qualifying commercial fishing violation to the license suspension review committee if the director feels that the qualifying commercial fishing violation was of a severe enough magnitude to justify suspension of the individual's license renewal privileges.
     (b) The director may refer any person convicted of one egregious shellfish violation to the license suspension review committee.
     (c) For the purposes of this section only, "egregious shellfish violation" means a gross misdemeanor or felony involving commercial shellfish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals more than twenty percent of the harvest available for inspection at the time of citation; (ii) totals five hundred or more individual shellfish; and (iii) is valued at two thousand five hundred dollars or more.
     (4) A person who has a commercial fishing license suspended or revoked under this section may file an appeal with the license suspension review committee pursuant to RCW 77.15.554. An appeal must be filed within thirty-one days of notice of license suspension or revocation. If an appeal is filed, the suspension or revocation issued by the department does not take effect until after the license suspension review committee has delivered an opinion. If no appeal is filed within thirty-one days of notice of license suspension or revocation, the right to an appeal is considered waived. All suspensions ordered under this section take effect either thirty-one days following the conviction for the second qualifying commercial fishing violation, or upon a decision pursuant to RCW 77.15.554, whichever is later.
     (5) A fishing privilege suspended under this section is in addition to the statutory penalties assigned to the underlying crime.
     (6) For the purposes of this section only, the burden is on the state to show the dollar amount or the percent of a harvest that is comprised of unlawfully harvested, bought, or sold individual fish or shellfish.

Sec. 13   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), (28), (40), (44), (58), and (59) of this section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).
     (3) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.
     (4) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.
     (5) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.
     (6) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.
     (7) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.
     (8) "Commercial" means related to or connected with buying, selling, or bartering.
     (9) "Commission" means the state fish and wildlife commission.
     (10) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
     (11) "Contraband" means any property that is unlawful to produce or possess.
     (12) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.
     (((12))) (13) "Department" means the department of fish and wildlife.
     (((13))) (14) "Director" means the director of fish and wildlife.
     (((14))) (15) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.
     (((15))) (16) "Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.
     (((16))) (17) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.
     (((17))) (18) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.
     (((18))) (19) "Fish broker" means a person whose business it is to bring a seller of fish and shellfish and a purchaser of those fish and shellfish together.
     (20) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.
     (((19))) (21) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
     (((20))) (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.
     (((21))) (23) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.
     (((22))) (24) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.
     (((23))) (25) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.
     (((24))) (26) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.
     (((25))) (27) "Illegal items" means those items unlawful to be possessed.
     (28) "Invasive species" means a plant species or a nonnative animal species that either:
     (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;
     (b) Threatens or may threaten natural resources or their use in the state;
     (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or
     (d) Threatens or harms human health.
     (((26))) (29) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.
     (((27))) (30) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.
     (((28))) (31) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.
     (32) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
     (((29))) (33) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.
     (((30))) (34) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission. "Open season" includes the first and last days of the established time.
     (((31))) (35) "Owner" means the person in whom is vested the ownership dominion, or title of the property.
     (36) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.
     (((32))) (37) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.
     (((33))) (38) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes, among other property, contraband and money.
     (39) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.
     (((34))) (40) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission.
     (((35))) (41) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.
     (((36))) (42) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.
     (((37))) (43) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.
     (((38))) (44) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission.
     (((39))) (45) "Resident" means:
     (a) A person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state; and
     (b) A person age eighteen or younger who does not qualify as a resident under (a) of this subsection, but who has a parent that qualifies as a resident under (a) of this subsection.
     (((40))) (46) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.
     (((41))) (47) "Saltwater" means those marine waters seaward of river mouths.
     (((42))) (48) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.
     (((43))) (49) "Senior" means a person seventy years old or older.
     (((44))) (50) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
     (((45))) (51) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
     (((46))) (52) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.
     (((47))) (53) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.
     (((48))) (54) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.
     (((49))) (55) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
     (((50))) (56) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
     (((51))) (57) "Unclaimed" means that no owner of the property has been identified or has requested, in writing, the release of the property to themselves nor has the owner of the property designated an individual to receive the property or paid the required postage to effect delivery of the property.
     (58) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission.
     (((52))) (59) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.
     (((53))) (60) "Wholesale fish dealer" means a person who, acting for commercial purposes, takes possession or ownership of fish or shellfish and sells, barters, or exchanges or attempts to sell, barter, or exchange fish or shellfish that have been landed into the state of Washington or entered the state of Washington in interstate or foreign commerce.
     (61) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.
     (((54))) (62) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.
     (((55))) (63) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.
     (((56))) (64) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.

Sec. 14   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, unless the property is seized or recovered through a fish, shellfish, or wildlife enforcement action;
     (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 under this title;
     (g) Compensation for damage to department property or wildlife losses or contributions, gifts, or grants received under RCW 77.12.320. However, this excludes fish and shellfish overages, and court-ordered restitution or donations associated with any fish, shellfish, or wildlife enforcement action, as such moneys must be deposited pursuant to RCW 77.15.425;
     (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; and
     (((k))) (j) 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. 15   RCW 77.15.100 and 2000 c 107 s 235 are each amended to read as follows:
     (1) Unless otherwise provided in this title, fish, shellfish, or wildlife unlawfully taken or possessed, or involved in a violation shall be forfeited to the state upon conviction. Unless already held by, sold, destroyed, or disposed of by the department, the court shall order such fish or wildlife to be delivered to the department. Where delay will cause loss to the value of the property and a ready wholesale buying market exists, the department may sell property to a wholesale buyer at a fair market value.
     (2) When seized property is forfeited to the department, 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 the property to the agency for the use of enforcing this title, or sell such property and deposit the proceeds into the ((state wildlife fund)) fish and wildlife enforcement reward account established under RCW ((77.12.170)) 77.15.425. Any sale of other property shall be at public auction or after public advertisement reasonably designed to obtain the highest price. The time, place, and manner of holding the sale shall be determined by the director. The director may contract for the sale to be through the department of general administration as state surplus property, or, except where not justifiable by the value of the property, the director shall publish notice of the sale once a week for at least two consecutive weeks before the sale in at least one newspaper of general circulation in the county in which the sale is to be held.

NEW SECTION.  Sec. 16   A new section is added to chapter 77.15 RCW to read as follows:
     (1) A person is guilty of unlawful use of a department permit if the person:
     (a) Violates any terms or conditions of the permit issued by the department or the director; or
     (b) Violates any rule of the commission or the director applicable to the requirement for, issuance of, or use of the permit.
     (2) Permits covered under subsection (1) of this section include, but are not limited to, master hunter permits, depredation permits, landowner hunting permits, commercial carp license permits, permits to possess or dispense beer or malt liquor pursuant to RCW 66.28.210, and permits to hold, sponsor, or attend an event requiring a banquet permit from the liquor control board. Permits excluded from subsection (1) of this section include fish and wildlife lands vehicle use permits, commercial use or activity permits, noncommercial use or activity permits, parking permits, experimental fishery permits, trial commercial fishery permits, and scientific collection permits.
     (3) Unlawful use of a department permit is a misdemeanor.
     (4) A person is guilty of unlawful use of an experimental fishery permit or a trial commercial fishery permit if the person:
     (a) Violates any terms or conditions of the permit issued by the department or the director; or
     (b) Violates any rule of the commission or the director applicable to the issuance or use of the permit.
     (5) Unlawful use of an experimental fishery permit or a trial commercial fishery permit is a gross misdemeanor.
     (6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Experimental fishery permit" means a permit issued by the director for either:
     (i) An "emerging commercial fishery," defined as a fishery for a newly classified species for which the department has determined that there is a need to limit participation; or
     (ii) An "expanding commercial fishery," defined as a fishery for a previously classified species in a new area, by a new method, or at a new effort level, for which the department has determined that there is a need to limit participation.
     (b) "Trial commercial fishery permit" means a permit issued by the department for trial harvest of a newly classified species or harvest of a previously classified species in a new area or by a new means.

NEW SECTION.  Sec. 17   A new section is added to chapter 77.32 RCW to read as follows:
     (1) In order to effectively manage wildlife in areas or at times when a higher proficiency and demonstrated skill level are needed for resource protection or public safety, the department establishes the master hunter permit program. The master hunter permit program emphasizes safe, ethical, responsible, and lawful hunting practices. Program goals include improving the public's perception of hunting and perpetuating the highest hunting standards.
     (2) A master hunter permit is required to participate in controlled hunts to eliminate problem animals that damage property or threaten public safety. The commission may establish by rule the requirements an applicant must comply with when applying for or renewing a master hunter permit, including but not limited to a criminal background check. The director may establish an advisory group to assist the department with administering the master hunter program.
     (3) The fee for an initial master hunter permit may not exceed fifty dollars, and the cost of renewing a master hunter permit may not exceed twenty-five dollars. Funds generated under this section must be deposited into the fish and wildlife enforcement reward account established in RCW 77.15.425, and the funds must be used exclusively to administer the master hunter program.

NEW SECTION.  Sec. 18   A new section is added to chapter 77.15 RCW to read as follows:
     (1) The department may suspend a person's master hunter permit for the following reasons and corresponding lengths of time:
     (a) If the person pays the required fine or is found to have committed an infraction under this chapter or the department's rules, the department shall suspend the person's master hunter permit for two years;
     (b) If the person pays the required fine or is convicted of a misdemeanor, gross misdemeanor, or felony under this chapter, the department shall suspend the person's master hunter permit for life;
     (c) If the person pays the required fine or is convicted of trespass, reckless endangerment, criminal conspiracy, or making a false statement to law enforcement while hunting, fishing, or engaging in any activity regulated by the department, the department shall suspend the person's master hunter permit for life;
     (d) If the person pays the required fine or is convicted of a felony prohibiting the possession of firearms, unless firearm possession is reinstated, the department shall suspend the person's master hunter permit for life;
     (e) If the person has a hunting or fishing license revoked or has hunting or fishing license privileges suspended in another state, the department shall suspend the person's master hunter permit for life;
     (f) If the person is cited, or charged by complaint, for an offense under this chapter; or for trespass, reckless endangerment, criminal conspiracy, or making a false statement to law enforcement while hunting, fishing, or engaging in any activity regulated by the department, the department may immediately suspend the person's master hunter permit until the offense has been adjudicated; or
     (g) If the person submits fraudulent information to the department, the department shall suspend the person's master hunter permit for life.
     (2) Any master hunter who is notified of an intended suspension may request an appeal hearing under chapter 34.05 RCW.

Sec. 19   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 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; ((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; or
     (e) The person possesses a sturgeon measuring in excess of the maximum size limit as established by rules adopted by the department.
     (2) Unlawful recreational fishing in the first degree is a gross misdemeanor.

Sec. 20   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.)) Deposits to the account include: Receipts from fish and shellfish overages as a result of a department enforcement action; fees for hunter education deferral applications; fees for master hunter applications and master hunter certification renewals; all receipts from criminal wildlife penalty assessments under RCW 77.15.400 and 77.15.420; all receipts of court-ordered restitution or donations associated with any fish, shellfish, or wildlife enforcement action; and proceeds from forfeitures and evidence pursuant to RCW 77.15.070 and 77.15.100. 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, to offset department-approved costs incurred to administer the hunter education deferral program and the master hunter program, and for other valid enforcement uses as determined by the commission. 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. 21   RCW 77.15.568 and 2007 c 337 s 4 are each amended to read as follows:
     (1) A person is guilty of a secondary commercial fish receiver's failure to account for commercial harvest if:
     (a) The person sells fish or shellfish at retail, stores or holds fish or shellfish for another in exchange for valuable consideration, ships fish or shellfish in exchange for valuable consideration, or brokers fish or shellfish in exchange for valuable consideration;
     (b) The fish or shellfish were required to be entered on a Washington fish receiving ticket or a Washington aquatic farm production annual report; and
     (c) The person fails to maintain records of each receipt of fish or shellfish, as required under subsections (3) through (5) of this section, at the location where the fish or shellfish are being sold, at the location where the fish or shellfish are being stored or held, or at the principal place of business of the shipper or broker.
     (2) This section ((does not apply)) applies to a wholesale fish dealer((,)) acting in the capacity of a broker. However, this section does not apply to a wholesale fish dealer acting in the capacity of a wholesale fish dealer, to a fisher selling under a direct retail sale endorsement, or to a registered aquatic farmer.
     (3) Records of the receipt of fish or shellfish required to be kept under this section must be in the English language and be maintained for three years from the date fish or shellfish are received, shipped, or brokered.
     (4) Records maintained by persons that retail or broker must include the following:
     (a) The name, address, and phone number of the wholesale fish dealer, fisher selling under a direct retail sale endorsement, or aquatic farmer or shellstock shipper from whom the fish or shellfish were purchased or received;
     (b) The Washington fish receiving ticket number documenting original receipt or aquatic farm production quarterly report documenting production, if available;
     (c) The date of purchase or receipt; and
     (d) The amount and species of fish or shellfish purchased or received.
     (5) Records maintained by persons that store, hold, or ship fish or shellfish for others must state the following:
     (a) The name, address, and phone number of the person and business from whom the fish or shellfish were received;
     (b) The date of receipt; and
     (c) The amount and species of fish or shellfish received.
     (6) A secondary commercial fish receiver's failure to account for commercial harvest is a misdemeanor.

Sec. 22   RCW 77.15.620 and 2002 c 301 s 7 are each amended to read as follows:
     (1) A person is guilty of engaging in fish dealing activity without a license in the second degree if the person:
     (a) Engages in the commercial processing of fish or shellfish, including custom canning or processing of personal use fish or shellfish and does not hold a wholesale dealer's license required by RCW 77.65.280(1) or 77.65.480 for anadromous game fish, or a direct retail endorsement under RCW 77.65.510;
     (b) Engages in the wholesale selling, buying, or brokering of food fish or shellfish and does not hold a wholesale dealer's or buying license required by RCW 77.65.280(2) or 77.65.480 for anadromous game fish;
     (c) Is a fisher who lands and sells his or her catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state and does not hold a direct retail endorsement required by RCW 77.65.510; or
     (d) Engages in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish and does not hold a wholesale dealer's license required by RCW 77.65.280(4) or 77.65.480 for anadromous game fish.
     (2) Engaging in fish dealing activity without a license in the second degree is a gross misdemeanor.
     (3) A person is guilty of engaging in fish dealing activity without a license in the first degree if the person commits the act described by subsection (1) of this section and the violation involves: (a) Fish or shellfish worth two hundred fifty dollars or more; (b) a failure to document such fish or shellfish with a fish receiving ticket or other documentation required by statute or rule of the department; or (c) violates any other rule of the department regarding wholesale fish buying and dealing. Engaging in fish dealing activity without a license in the first degree is a class C felony.

Sec. 23   RCW 77.12.879 and 2007 c 350 s 3 are each amended to read as follows:
     (1) The aquatic invasive species prevention account is created in the state treasury. Moneys directed to the account from RCW 88.02.050 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.
     (2) Funds in the aquatic invasive species prevention account may be appropriated to the department to develop an aquatic invasive species prevention program for recreational and commercial watercraft. Funds must be expended as follows:
     (a) To inspect recreational and commercial watercraft;
     (b) To educate general law enforcement officers on how to enforce state laws relating to preventing the spread of aquatic invasive species;
     (c) To evaluate and survey the risk posed by recreational and commercial watercraft in spreading aquatic invasive species into Washington state waters;
     (d) To evaluate the risk posed by float planes in spreading aquatic invasive species into Washington state waters; and
     (e) To implement an aquatic invasive species early detection and rapid response plan. The plan must address the treatment and immediate response to the introduction to Washington waters of aquatic invasive species. Agency and public review of the plan must be conducted under chapter 43.21C RCW, the state environmental policy act. If the implementation measures or actions would have a probable significant adverse environmental impact, a detailed statement under chapter 43.21C RCW must be prepared on the plan.
     (3) Funds in the aquatic invasive species enforcement account created in RCW 43.43.400 may be appropriated to the department and Washington state patrol to develop an aquatic invasive species enforcement program for recreational and commercial watercraft. The department shall provide training to Washington state patrol employees working at port of entry weigh stations, and other local law enforcement employees, on how to inspect recreational and commercial watercraft for the presence of aquatic invasive species. A person who enters Washington transporting any commercial or recreational watercraft that has been used in any designated aquatic invasive species state or foreign country as defined by rule of the department must have in his or her possession valid documentation that the watercraft has been inspected and found free of aquatic invasive species. The department is authorized to require persons transporting recreational and commercial watercraft to stop at check stations. Check stations must be plainly marked by signs, operated by at least one uniformed fish and wildlife officer, and operated in a safe manner. Any person stopped at a check station who possesses a recreational or commercial watercraft that has been used in any designated aquatic invasive species state or foreign country as defined by rule of the department, or that is contaminated with aquatic invasive species, must bear the expense for any necessary impoundment, transportation, cleaning, and decontamination of the watercraft. Any person stopped at a check station who possesses a recreational or commercial watercraft that has been used in any designated aquatic invasive species state or foreign country as defined by rule of the department, or that is contaminated with aquatic invasive species, is exempt from the criminal penalties found in RCW 77.15.253 and 77.15.290, and forfeiture under RCW 77.15.070, if that person complies with all department directives for the proper decontamination of the watercraft and equipment.
     (4) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005. The first report is due December 1, 2007.

NEW SECTION.  Sec. 24   Whenever any personal property comes into the possession of the officers of the department in connection with the official performance of their duties and the personal property remains unclaimed or not taken away for a period of sixty days from the date of written notice to the owner thereof, if known, which notice shall inform the owner of the disposition that may be made of the property under this section and the time that the owner has to claim the property and in all other cases for a period of sixty days from the time the property came into the possession of the department, unless the property has been held as evidence in any court, then, in that event, after sixty days from date when the case has been finally disposed of and the property released as evidence by order of the court, the department may:
     (1) At any time thereafter sell the personal property at public auction to the highest and best bidder for cash in the manner hereinafter provided;
     (2) Retain the property for the use of the department subject to giving notice in the manner prescribed in RCW 63.35.030 and the right of the owner, or the owner's legal representative, to reclaim the property within one year after receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the director, the property consists of firearms or other items specifically usable in law enforcement work. At the end of each calendar year during which there has been such a retention, the department shall provide the office of financial management and retain for public inspection a list of such retained items and an estimation of each item's replacement value;
     (3) Destroy an item of personal property at the discretion of the director if the director determines that the following circumstances have occurred:
     (a) The property has no substantial commercial value or the probable cost of sale exceeds the value of the property;
     (b) The item has been unclaimed by any person after notice procedures have been met, as prescribed in this section; and
     (c) The director has determined that the item is illegal to possess or sell or unsafe and unable to be made safe for use by any member of the general public;
     (4) If the item is not unsafe or illegal to possess or sell, such item, after satisfying the notice requirements as prescribed in this section may be offered by the director to bona fide dealers, in trade for law enforcement equipment, which equipment must be treated as retained property for the purpose of annual listing requirements of subsection (2) of this section; or
     (5) At the end of one year, any unclaimed firearm must be disposed of pursuant to RCW 9.41.098(2). Any other item that is not unsafe or illegal to possess or sell, but has been, or may be used, in the judgment of the director, in a manner that is illegal, may be destroyed.

NEW SECTION.  Sec. 25   Before the personal property shall be sold, a notice of such a sale fixing the time and place thereof which shall be at a suitable place, which will be noted in the advertisement for sale, and containing a description of the property to be sold must be published at least once in a newspaper of general circulation in the county in which the property is to be sold at least ten days prior to the date fixed for the auction. The notice must be signed by the director. If the owner fails to reclaim the property prior to the time fixed for the sale in such a notice, the director shall conduct the sale and sell the property described in the notice at public auction to the highest and best bidder for cash, and upon payment of the amount of the bid shall deliver the property to the bidder.

NEW SECTION.  Sec. 26   The moneys arising from sales under the provisions of this chapter must be first applied to the payment of the costs and expenses of the sale and then to the payment of lawful charges and expenses for the keep of the personal property and the balance, if any, must be forwarded to the state treasurer to be deposited into the fish and wildlife enforcement reward account under RCW 77.15.425.

NEW SECTION.  Sec. 27   If the owner of the personal property so sold, or the owner's legal representative, shall, at any time within three years after the money has been deposited in the fish and wildlife enforcement reward account, furnish satisfactory evidence to the state treasurer of the ownership of the personal property, the owner or the owner's legal representative is entitled to receive from the fish and wildlife enforcement reward account the amount so deposited, with interest.

NEW SECTION.  Sec. 28   (1) Chapter 63.24 RCW, unclaimed property in hands of bailee, does not apply to personal property in the possession of the department.
     (2) The uniform unclaimed property act, chapter 63.29 RCW, does not apply to personal property in the possession of the department.

NEW SECTION.  Sec. 29   In addition to any other method of disposition of unclaimed property provided under this chapter, the department may donate unclaimed personal property to nonprofit charitable organizations. A nonprofit charitable organization receiving personal property donated under this section must use the property, or its proceeds, to benefit needy persons. The charitable organization must qualify for tax-exempt status under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.

NEW SECTION.  Sec. 30   Sections 24 through 29 of this act constitute a new chapter in Title 77 RCW.

NEW SECTION.  Sec. 31   RCW 77.12.065 (Wildlife viewing tourism) and 2003 c 183 s 1 are each repealed.

NEW SECTION.  Sec. 32   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.