Background: Role of the Department of Fish and Wildlife (DFW). DFW serves as manager of the state's fish and wildlife resources. Among other duties, DFW must classify wildlife and establish the basic rules and regulations governing the time, place, manner, and methods used to harvest or enjoy fish and wildlife.

Scope of Title 77 RCW. Title 77 RCW serves as the primary location for statutes providing DFW with authorities and responsibilities relating to fish and wildlife resources. The title contains provisions relating to matters including:

agency organization and oversight;

fish and wildlife management and rulemaking authority;

licensing structures for hunting and commercial and recreational fishing; and

enforcement of fish and wildlife laws and rules.

Summary of Substitute Bill: Criminal and Civil Liability for Fire on DFW Managed Lands. Generally, a person who willfully starts a fire on DFW managed lands is subject to a gross misdemeanor. However, a person may use fire in specified circumstances including in a barbeque, campfire, or by an agency for habitat management or firefighting efforts.

A person whose negligence is responsible for a fire starting or allowing an existing fire to spread onto DFW land is subject to civil liability for reasonable expenses incurred in fighting the fire.

Resident Licensing. Generally a person may not hold a resident license in Washington as well a resident license from another state or country.

Resident licensing is authorized for:

the spouse of an armed forces member who qualifies as a resident;
an armed forces member temporarily stationed in Washington on pre-deployment orders; and
an armed forces member permanently stationed in Washington who designates Washington as their legal residence on specified military documents and does not have a resident license in another state or country.

Shooting a Person or Livestock. DFW must suspend a person's hunting privileges for:

three years for discharging a firearm, bow, or crossbow in a manner that inures, or that a reasonable person would believe is likely to injure, a person or domestic livestock, or kills domestic livestock;
ten years if the discharge results in a person's death. Current law provides a ten-year suspension if the shooting results from criminal negligence or reckless or intentional conduct.

Additional Penalties for Taking Protected or Endangered Wildlife. A $2,000 penalty assessment is imposed on a person convicted of unlawfully taking a protected fish or wildlife involving a Ferruginous Hawk, Common Loon, Bald Eagle, or Peregrine Falcon. Amounts collected must be deposited in the Fish and Wildlife Enforcement Reward Account. DFW must also suspend the hunting and fishing privileges of a person convicted of taking protected or endangered wildlife for three years.

Feeding of Predatory Wildlife. A person is prohibited from intentionally feeding a bear, cougar, or wolf, subject to a misdemeanor. A person is also prohibited from negligently feeding a bear, cougar, or wolf, subject to an infraction. If the person does not correct the problem within 24 hours of issuance of the infraction, they are subject to a misdemeanor. Exemptions from the general prohibition on feeding predatory wildlife are provided for certain entities including for forestry operations, hunters, farmers, zoos, licensed wildlife rehabilitators, and certain wildlife capture activities conducted or authorized by DFW.

Ex-officio Fish and Wildlife Officers. The term "ex-officio Fish and Wildlife Officer" is removed from statute, which referred to a general authority law enforcement officer from other agencies, limited authority law enforcement officers certain federal agencies, the State Parks and Recreation Commission, and the Department of Natural Resources. Instead, the director of DFW may enter into interlocal cooperation agreements with other law enforcement agencies that allow such agencies to conduct fish and wildlife enforcement activities.

Recordkeeping Requirements for Taxidermists, Fur Dealers, and Meat Cutters. Taxidermists, fur dealers, and meat cutters are required to maintain specified records of each wildlife carcass or part received for a period of three years, and a violation of this requirement is a misdemeanor.

Regional Fisheries Enhancement Group (RFEG) Assistance. The authorized use of the Regional Fisheries Enhancement Group Account is expanded to allow DFW to provide assistance and training to RFEGs. DFW may use up to 20 percent of account funds for this purpose.

DFW Access to Controlled Substances for Wildlife Management. In addition to access to controlled substances for the chemical capture of wildlife, DFW may apply to the Department of Health (DOH) to access such substances to euthanize injured, sick, or unwanted wildlife. DOH must authorize such requests.