BILL REQ. #:  Z-0111.5 

Read first time 01/21/09.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to modernizing certain provisions in Title 77 RCW regarding 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, and 77.15.552; and repealing RCW 77.12.065.

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.

NEW SECTION.  Sec. 13   RCW 77.12.065 (Wildlife viewing tourism) and 2003 c 183 s 1 are each repealed.