BILL REQ. #:  S-1175.1 

READ FIRST TIME 02/10/11.   

     AN ACT Relating to fish and wildlife management; amending RCW 77.15.650, 77.15.110, 77.15.280, 77.08.010, 77.65.110, 77.65.130, 77.15.720, 77.15.130, 77.15.120, 77.15.160, 77.95.090, 69.50.320, 77.04.080, 77.12.071, 77.12.154, 77.15.070, 77.15.075, 77.15.080, 77.15.085, 77.15.092, 77.15.094, 77.15.480, 77.15.710, 77.32.014, 77.75.110, and 77.75.120; adding new sections to chapter 77.15 RCW; adding a new section to chapter 77.12 RCW; adding a new section to chapter 77.08 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.15 RCW to read as follows:
     (1) It is unlawful to willfully start a fire on lands owned or controlled by the department that are not forest lands as that term is defined in RCW 76.04.005.
     (2) Nothing in this section prohibits the use of campfires as defined by rule of the commission, fires in stoves, lanterns and barbeques, and fire used by the department or other federal, state, or local agencies for habitat management or firefighting efforts.
     (3) A violation of this section is a gross misdemeanor.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.12 RCW to read as follows:
     (1) Any person whose negligence is responsible for the starting of a fire on land owned or controlled by the department or whose negligence is responsible for starting or allowing an existing fire to spread onto land owned or controlled by the department is liable for any reasonable expenses incurred by the state, a municipality, or any fire protection agency of the United States.
     (2) The department or agency incurring any reasonable expenses has a lien for the same against any property of the person, firm, or corporation liable under subsection (1) of this section by filing a claim of lien naming the person, firm, or corporation describing the property against which the lien is claimed, specifying the amount expended on the lands on which the firefighting took place and the period during which the reasonable expenses were incurred, and signing the claim with a post office address. No claim of lien is valid unless filed, with the county auditor of the county in which the property sought to be charged is located, within a period of one hundred twenty days after the reasonable expenses of the claimant are incurred. The lien may be foreclosed in the same manner as a mechanic's lien is foreclosed under chapter 60.04 RCW.
     (3) For the purposes of this section:
     (a) "Reasonable expenses" includes the costs associated with fighting the fire, together with the costs of investigation and litigation including reasonable attorneys' fees and court costs.
     (b) "Land owned or controlled by the department" means lands that are not included within the definition of forest land as that term is defined in RCW 76.04.005.
     (4) This section does not apply in any case where recovery is provided under RCW 76.04.495.

Sec. 3   RCW 77.15.650 and 2008 c 10 s 2 are each amended to read as follows:
     (1) A person is guilty of unlawful purchase or use of a license in the second degree if the person buys, holds, uses, displays, transfers, or obtains any license, tag, permit, or approval required by this title and the person:
     (a) Uses false information to buy, hold, use, display, or obtain a license, permit, tag, or approval;
     (b) Acquires, holds, or buys in excess of one license, permit, or tag for a license year if only one license, permit, or tag is allowed per license year;
     (c) Except as authorized under RCW 77.32.565, uses or displays a license, permit, tag, or approval that was issued to another person;
     (d) Except as authorized under RCW 77.32.565, permits or allows a license, permit, tag, or approval to be used or displayed by another person not named on the license, permit, tag, or approval;
     (e) Acquires or holds a license while privileges for the license are revoked or suspended;
     (f) Holds a resident license from another state or country. This subsection (1)(f) only applies if the Washington license, tag, permit, or approval that the person buys, holds, uses, displays, transfers, or obtains is a resident license. It is prima facie evidence of a violation of this section if any person who has a resident license from another state or country purchases a resident license, tag, permit, or approval in Washington. This subsection does not apply to individuals who meet the definition of "resident" in section 8 (2) and (3) of this act.
     (2) A person is guilty of unlawful purchase or use of a license in the first degree if the person commits the act described by subsection (1) of this section and the person was acting with intent that the license, permit, tag, or approval be used for any commercial purpose. A person is presumed to be acting with such intent if the violation involved obtaining, holding, displaying, or using a license or permit for participation in any commercial fishery issued under this title or a license authorizing fish or wildlife buying, trafficking, or wholesaling.
     (3)(a) Unlawful purchase or use of a license in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a two-year suspension of participation in the activities for which the person unlawfully obtained, held, or used a license, permit, tag, or approval.
     (b) Unlawful purchase or use of a license in the first degree is a class C felony. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a five-year suspension of participation in any activities for which the person unlawfully obtained, held, or used a license, permit, tag, or approval.
     (4) For purposes of this section, a person "uses" a license, permit, tag, or approval if the person engages in any activity authorized by the license, permit, tag, or approval held or possessed by the person. Such uses include but are not limited to fishing, hunting, taking, trapping, delivery or landing fish or wildlife, and selling, buying, or wholesaling of fish or wildlife.
     (5) Any license obtained in violation of this section is void upon issuance and is of no legal effect.

NEW SECTION.  Sec. 4   A new section is added to chapter 77.15 RCW to read as follows:
     (1) A taxidermist, fur dealer, or wildlife meat cutter is guilty of failing to maintain business records and report if the person acts for commercial purposes, processes, holds, or stores wildlife; and:
     (a) Fails to maintain records as required under subsections (2) through (5) of this section; or
     (b) Violates any rule of the department by failing to report information from these records.
     (2) A taxidermist, fur dealer, or wildlife meat cutter who processes, holds, or stores wildlife must keep a record of each wildlife carcass or part received.
     (3) All records of receipt of wildlife must be maintained at the location where the wildlife is being processed, held, or stored, or at the principal place of business of the wildlife meat cutter, taxidermist, or fur dealer.
     (4) Records of the receipt of wildlife that are required to be kept under this section must be in the English language and be maintained for three years from the date the wildlife is processed, held, or stored.
     (5) The form and content of records maintained by taxidermists, fur dealers, and wildlife meat cutters who process, hold, or store wildlife must be determined by the commission by rule. However, the records must include:
     (a) The name, address, and phone number of the person or company from whom each carcass or part was received;
     (b) The date of receipt; and
     (c) The number and species of wildlife carcasses or parts received.
     (6) Taxidermists, fur dealers, and wildlife meat cutters who fail to maintain business records in accordance with this section or fail to report information from the records as required by rule of the department are guilty of a misdemeanor.

Sec. 5   RCW 77.15.110 and 2002 c 127 s 2 are each amended to read as follows:
     (1) For purposes of this chapter, a person acts for commercial purposes if the person engages in conduct that relates to commerce in fish, seaweed, shellfish, or wildlife or any parts thereof. Commercial conduct may include taking, delivering, selling, buying, or trading fish, seaweed, shellfish, or wildlife where there is present or future exchange of money, goods, or any valuable consideration. Evidence that a person acts for commercial purposes includes, but is not limited to, the following conduct:
     (a) Using gear typical of that used in commercial fisheries;
     (b) Exceeding the bag or possession limits for personal use by taking or possessing more than three times the amount of fish, seaweed, shellfish, or wildlife allowed;
     (c) Delivering or attempting to deliver fish, seaweed, shellfish, or wildlife to a person who sells or resells fish, seaweed, shellfish, or wildlife including any licensed or unlicensed wholesaler;
     (d) Taking fish or shellfish using a vessel designated on a commercial fishery license or using gear not authorized in a personal use fishery;
     (e) Using a commercial fishery license;
     (f) Selling or dealing in raw furs for a fee or in exchange for goods or services; ((or))
     (g) Performing taxidermy service on fish, shellfish, or wildlife belonging to another person for a fee or receipt of goods or services; or
     (h) Packs, cuts, processes, or stores the meat of wildlife for consumption, for a fee or in exchange for goods or services.
     (2) For purposes of this chapter, the value of any fish, seaweed, shellfish, or wildlife may be proved based on evidence of legal or illegal sales involving the person charged or any other person, of offers to sell or solicitation of offers to sell by the person charged or by any other person, or of any market price for the fish, seaweed, shellfish, or wildlife including market price for farm-raised game animals. The value assigned to specific fish, seaweed, shellfish, or wildlife by RCW 77.15.420 may be presumed to be the value of such fish, seaweed, shellfish, or wildlife. It is not relevant to proof of value that the person charged misrepresented that the fish, seaweed, shellfish, or wildlife was taken in compliance with law if the fish, seaweed, shellfish, or wildlife was unlawfully taken and had no lawful market value.

Sec. 6   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;
     (b) Fails to maintain a trapper's report ((or taxidermist ledger)) in violation of any rule of the commission or the director;
     (c) Fails to submit any portion of a big game animal for a required inspection required by rule of the commission or the director; or
     (d) Fails to return a catch record card to the department as required by rule of the commission or director, 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. 7   RCW 77.08.010 and 2009 c 333 s 12 are each amended to read as follows:
     The definitions in this section apply throughout this title or rules adopted under this title unless the context clearly requires otherwise.
     (1) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel.
     (2) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under subsections (3), (((28), (40), (44), (58), and (59))) (26), (38), (42), (56), and (57) of this section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).
     (3) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.
     (4) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.
     (5) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.
     (6) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.
     (7) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.
     (8) "Commercial" means related to or connected with buying, selling, or bartering.
     (9) "Commission" means the state fish and wildlife commission.
     (10) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
     (11) "Contraband" means any property that is unlawful to produce or possess.
     (12) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.
     (13) "Department" means the department of fish and wildlife.
     (14) "Director" means the director of fish and wildlife.
     (15) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.
     (16) (("Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.
     (17))) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.
     (((18) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.
     (19))) (17) "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))) (18) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.
     (((21))) (19) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
     (((22))) (20) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.
     (((23))) (21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.
     (((24))) (22) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.
     (((25))) (23) "Game farm" means property on which wildlife is held ((or)), confined, propagated, hatched, fed, or otherwise raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.
     (((26))) (24) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.
     (((27))) (25) "Illegal items" means those items unlawful to be possessed.
     (((28))) (26) "Invasive species" means a plant species or a nonnative animal species that either:
     (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;
     (b) Threatens or may threaten natural resources or their use in the state;
     (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or
     (d) Threatens or harms human health.
     (((29))) (27) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.
     (((30))) (28) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.
     (((31))) (29) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.
     (((32))) (30) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
     (((33))) (31) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.
     (((34))) (32) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission. "Open season" includes the first and last days of the established time.
     (((35))) (33) "Owner" means the person in whom is vested the ownership dominion, or title of the property.
     (((36))) (34) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.
     (((37))) (35) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes, among other property, contraband and money.
     (((38))) (36) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.
     (((39))) (37) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.
     (((40))) (38) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission.
     (((41))) (39) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.
     (((42))) (40) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.
     (((43))) (41) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.
     (((44))) (42) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission.
     (((45))) (43) "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)) has the same meaning as defined in section 8 of this act.
     (((46))) (44) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.
     (((47))) (45) "Saltwater" means those marine waters seaward of river mouths.
     (((48))) (46) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.
     (((49))) (47) "Senior" means a person seventy years old or older.
     (((50))) (48) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
     (((51))) (49) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
     (((52))) (50) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.
     (((53))) (51) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.
     (((54))) (52) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.
     (((55))) (53) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
     (((56))) (54) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
     (((57))) (55) "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))) (56) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission.
     (((59))) (57) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.
     (((60))) (58) "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))) (59) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state ((and the species Rana catesbeiana (bullfrog))). The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.
     (((62))) (60) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.
     (((63))) (61) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.
     (((64))) (62) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.
     (63) "Fur dealer" means a person who purchases, receives, or resells raw furs for commercial purposes.
     (64) "Natural person" means a human being.
     (65) "Taxidermist" means a person who, for commercial purposes, creates lifelike representations of fish and wildlife using fish and wildlife parts and various supporting structures.
     (66) "Wildlife meat cutter" means a person who packs, cuts, processes, or stores wildlife for consumption for another for commercial purposes.

NEW SECTION.  Sec. 8   A new section is added to chapter 77.08 RCW to read as follows:
     For the purposes of this title or rules adopted under this title, "resident" means:
     (1) A natural 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, is not licensed to hunt or fish as a resident in another state or country, and is not receiving resident benefits of another state or country.
     (a) For purposes of this section, "permanent place of abode" means a residence in this state that a person maintains for personal use.
     (b) A natural person can demonstrate that he or she has maintained a permanent place of abode in Washington by showing that he or she:
     (i) Uses a Washington state address for federal income tax or state tax purposes;
     (ii) Designates this state as his or her residence for obtaining eligibility to hold a public office or for judicial actions;
     (iii) Is a registered voter in the state of Washington; or
     (iv) Is a custodial parent with a child attending prekindergarten, kindergarten, elementary school, middle school, or high school in this state.
     (c) A natural person can demonstrate the intent to continue residing within the state by showing that he or she:
     (i) Has a valid Washington state driver's license; or
     (ii) Has a valid Washington state identification card, if he or she is not eligible for a Washington state driver's license; and
     (iii) Has registered his or her vehicle or vehicles in Washington state.
     (2) The spouse of a member of the United States armed forces if the member qualifies as a resident under subsection (1), (3), or (4) of this section, or a natural person age eighteen or younger who does not qualify as a resident under subsection (1) of this section, but who has a parent or legal guardian who qualifies as a resident under subsection (1), (3), or (4) of this section.
     (3) A member of the United States armed forces temporarily stationed in Washington state on predeployment orders. A copy of the person's military orders is required to meet this condition.
     (4) A member of the United States armed forces who is permanently stationed in Washington state or who designates Washington state on their military "state of legal residence certificate" or enlistment or re-enlistment documents, and who does not have a license to hunt or fish as a resident in another state or country. A copy of the person's "state of legal residence certificate" or enlistment or re-enlistment documents is required to meet the conditions of this subsection.

Sec. 9   RCW 77.65.110 and 2001 c 105 s 4 are each amended to read as follows:
     This section applies to all commercial fishery licenses((, charter boat license[s],)) and delivery licenses.
     (1) A person designated as an alternate operator must possess an alternate operator license issued under RCW 77.65.130, and be designated on the license prior to engaging in the activities authorized by the license. The holder of the commercial fishery license((, charter boat license,)) or delivery license may designate up to two alternate operators for the license, except:
     (a) Whiting -- Puget Sound fishery licensees may not designate alternate operators;
     (b) Emergency salmon delivery licensees may not designate alternate operators;
     (c) Shrimp pot-Puget Sound fishery licensees may designate no more than one alternate operator at a time; and
     (d) Shrimp trawl-Puget Sound fishery licensees may designate no more than one alternate operator at a time.
     (2) The fee to change the alternate operator designation is twenty-two dollars.

Sec. 10   RCW 77.65.130 and 2005 c 82 s 2 are each amended to read as follows:
     (1) A person who holds a commercial fishery license or a delivery license may operate the vessel designated on the license. A person who is not the license holder may operate the vessel designated on the license only if:
     (a) The person is operating a charter boat; or
     (b) The person holds an alternate operator license issued by the director((;)) and (((b))) the person is designated as an alternate operator on the underlying commercial fishery license or delivery license under RCW 77.65.110.
     (2) Only an individual at least sixteen years of age may hold an alternate operator license.
     (3) No individual may hold more than one alternate operator license. An individual who holds an alternate operator license may be designated as an alternate operator on an unlimited number of commercial fishery licenses or delivery licenses under RCW 77.65.110.
     (4) An individual who holds two Dungeness crab -- Puget Sound fishery licenses may operate the licenses on one vessel if the license holder or alternate operator is on the vessel. The department shall allow a license holder to operate up to one hundred crab pots for each license.
     (5) Two persons owning separate Dungeness crab -- Puget Sound fishery licenses may operate both licenses on one vessel if the license holders or their alternate operators are on the vessel.
     (6) As used in this section, to "operate" means to control the deployment or removal of fishing gear from state waters while aboard a vessel or to operate a vessel delivering food fish or shellfish taken in offshore waters to a port within the state.

Sec. 11   RCW 77.15.720 and 2000 c 107 s 258 are each amended to read as follows:
     (1) If a person ((shoots)) discharges a firearm, bow, or crossbow while hunting and in a manner that injures, or that a reasonable person would believe is likely to injure, another person or domestic livestock ((while hunting)) or kills domestic livestock, the director shall revoke all of the shooter's 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)) kills or results in the death of another person, then the director shall revoke all of the shooter's hunting licenses and suspend all of the person's hunting 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)) In such a case, no hunting license shall ((not)) be reissued to the suspended person unless authorized by the director.
     (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.)) A person who is notified of a license revocation under this section may request an appeal hearing under chapter 34.05 RCW.
     (3) The commission may by rule authorize petitions for reinstatement of administrative suspensions and define circumstances under which such a reinstatement will be allowed.

Sec. 12   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; or
     (b) The person violates any rule of the commission regarding the taking, harming, harassment, possession, or transport of protected fish or wildlife.
     (2) Unlawful taking of protected fish or wildlife is a misdemeanor.
     (3) In addition to the penalties set forth in subsections (1) and (2) of this section, if a person is convicted of violating this section and the violation results in the death of wildlife listed in this subsection, the court shall require payment of the following amounts for each animal killed or possessed. This is a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425.
     (a) Ferruginous hawk. . . . . . . . $2,000
     (b) Common loon. . . . . . . . . . $2,000
     (c) Bald eagle. . . . . . . . . . . $2,000
     (d) Peregrine falcon. . . . . . . . $2,000
     (4) If two or more persons are convicted of illegally possessing wildlife in subsection (1) of this section, the criminal wildlife penalty assessment must be imposed against them jointly and separately.
     (5)(a) The criminal wildlife penalty assessment must be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of 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.
     (b) This subsection may not be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.
     (6) A defaulted criminal wildlife penalty assessment may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including but not limited to vacation of a deferral of sentencing or vacation of a suspension of sentence.
     (7) The department shall revoke any licenses or tags used in connection with a violation of this section and order the person's privileges to hunt, fish, trap, and obtain licenses under this title to be suspended for three years.

Sec. 13   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 as endangered, and the taking has not been authorized by rule of the commission.
     (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)) three years.

NEW SECTION.  Sec. 14   It is the intent of the legislature to prevent predatory wildlife from becoming habituated to humans and to protect the public against the serious health and safety risk posed by predatory wildlife who are drawn into contact with humans and related infrastructure by individuals who feed predatory wildlife negligently or intentionally.

NEW SECTION.  Sec. 15   A new section is added to chapter 77.15 RCW to read as follows:
     (1) A person may not negligently feed or attempt to feed predatory wildlife or negligently attract predatory wildlife to land or a building.
     (2) If a fish and wildlife officer or animal control authority as defined in RCW 16.30.010, has probable cause to believe that a person is negligently feeding, attempting to feed, or attracting predatory wildlife to a land or building by placing or locating food, food waste, or another substance in, upon, or about any land or building, and the food, food waste, or other substance poses a risk to the safety of any person because it is attracting or could attract predatory wildlife to the land or building, the officer may issue an infraction under RCW 77.15.160.
     (3) This section does not apply to:
     (a) A person who is engaging in forest practices in accordance with chapter 76.09 RCW or in hunting or trapping wildlife in accordance with all other applicable provisions of this title or rules of the commission or the director;
     (b) A person who is engaging in a farming operation that is using generally accepted farming practices;
     (c) Waste disposal facilities that are operating in accordance with applicable federal, state, and municipal laws;
     (d) Zoos, lawfully operated wildlife refuges, and state licensed wildlife rehabilitators; or
     (e) A fish and wildlife officer, or employee or agent of the department operating under the authority of or upon request from an officer, conducting wildlife capture activities to address a threat to human safety or a wildlife interaction as defined in RCW 77.36.010.
     (4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Building" means a private domicile or home or public or commercial building.
     (b) "Predatory wildlife" means bear, cougar, and wolf.
     (c) "Food, food waste, or other substance" means human and pet food, or other waste or garbage that could attract wildlife.
     (d) "Negligently feed, attempt to feed, or attract" means to provide, leave, or place in, upon, or about any land or building any food, food waste, or other substance that attracts or could attract predatory wildlife to that land or building, without the awareness that a reasonable person in the same situation would have with regard to the likelihood that such food, food waste, or other substance could attract predatory wildlife to the land or building. The term does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the container in another manner.

NEW SECTION.  Sec. 16   A new section is added to chapter 77.15 RCW to read as follows:
     (1) A person may not intentionally feed or attempt to feed predatory wildlife or intentionally attract predatory wildlife to land or a building.
     (2) A person who intentionally feeds, attempts to feed, or attracts predatory wildlife to land or a building is guilty of a misdemeanor.
     (3) A person who is issued an infraction under section 15 of this act for negligently feeding, attempting to feed, or attracting predatory wildlife to land or a building, and who fails to contain, move, or remove the food, food waste, or other substance within twenty-four hours of being issued the citation, is guilty of a misdemeanor.
     (4) This section does not apply to:
     (a) A person who is engaging in forest practices in accordance with chapter 76.09 RCW or in hunting or trapping wildlife in accordance with all other applicable provisions of this title or rules of the commission or the director;
     (b) A person who is engaging in a farming operation that is using generally accepted farming practices;
     (c) Waste disposal facilities that are operating in accordance with applicable federal, state, and municipal laws;
     (d) Zoos, lawfully operated wildlife refuges, and state licensed wildlife rehabilitators; or
     (e) A fish and wildlife officer, or employee or agent of the department operating under the authority of or upon request from an officer, conducting wildlife capture activities to address a threat to human safety or a wildlife interaction as defined in RCW 77.36.010.
     (5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Building" means a private domicile or home or public or commercial building.
     (b) "Predatory wildlife" means bear, cougar, and wolf.
     (c) "Food, food waste, or other substance" means human and pet food, or other waste or garbage that could attract wildlife.
     (d) "Intentionally feed, attempt to feed, or attract" means to purposefully or knowingly provide, leave, or place in, upon, or about any land or building any food, food waste, or other substance that attracts or could attract predatory wildlife to that land or building. The term does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the container in another manner.

Sec. 17   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 under this title; or
     (2) Fishes for personal use using barbed hooks in violation of any rule; ((or))
     (3) Negligently feeds, attempts to feed, or attract predatory wildlife in violation of section 15 of this act; or
     (4) Violates any other rule of the commission or director that is designated by rule as an infraction.

Sec. 18   RCW 77.95.090 and 2009 c 340 s 4 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 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)) except that the department may use up to twenty-percent of the account funds to provide agency assistance to the groups for professional, administrative and technical assistance and training, project proposal compatibility review, contract management, financial management of regional fisheries enhancement group funds, and provide direction and training in Washington state budgeting and accounting procedures. Except as provided in RCW 77.95.320, 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 shall adopt rules to implement this section pursuant to chapter 34.05 RCW.

Sec. 19   RCW 69.50.320 and 2003 c 175 s 2 are each amended to read as follows:
     The department of fish and wildlife may apply to the department of health for registration pursuant to the applicable provisions of this chapter to purchase, possess, and administer controlled substances for use in chemical capture programs and to euthanize injured, sick, or unwanted wildlife. The department of fish and wildlife must not permit a person to administer controlled substances unless the person has demonstrated adequate knowledge of the potential hazards and proper techniques to be used in administering controlled substances.
     The department of health ((may)) must issue a limited registration to carry out the provisions of this section. The board may adopt rules to ensure strict compliance with the provisions of this section. The board, in consultation with the department of fish and wildlife, must by rule add or remove additional controlled substances for use in chemical capture programs. The board shall suspend or revoke registration upon determination that the person administering controlled substances has not demonstrated adequate knowledge as required by this section. This authority is granted in addition to any other power to suspend or revoke registration as provided by law.

Sec. 20   RCW 77.04.080 and 2000 c 107 s 205 are each amended to read as follows:
     (1)(a) Persons eligible for appointment as director shall have practical knowledge of the habits and distribution of fish and wildlife. 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. The director may delegate, in writing, to department personnel the duties and powers necessary for efficient operation and administration of the department.
     (b) 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 fishing industry or a directly related industry. The director shall receive the salary fixed by the governor under RCW 43.03.040.
     (c) The director is the ex officio secretary of the commission and shall attend its meetings and keep a record of its business.
     (2)(a) The director may appoint and commission fish and wildlife officers to serve as general authority Washington peace officers, as defined in RCW 10.93.020. Under the interlocal cooperation act, chapter 39.34 RCW, the director may contract with general authority law enforcement agencies, federal law enforcement agencies, and limited authority law enforcement agencies to enforce this title and the rules of the department to provide mutual law enforcement assistance as defined in chapter 10.93 RCW.
     (b) Any liability or claimed liability that arises out of the exercise of authority by an officer acting under the mutual aid contract is the responsibility of the primary commissioning agency unless the officer acts under the direction and control of the department or unless the liability is otherwise allocated under a written agreement between the primary commissioning agency and the department.

Sec. 21   RCW 77.12.071 and 2007 c 337 s 2 are each amended to read as follows:
     (1) Department employees, in carrying out their duties under this title on public lands or state waters, may:
     (a) Collect samples of tissue, fluids, or other bodily parts of fish, wildlife, or shellfish; or
     (b) Board vessels in state waters engaged in commercial and recreational harvest activities to collect samples of fish, wildlife, or shellfish.
     (i) Department employees shall ask permission from the owner or his or her agent before boarding vessels in state waters.
     (ii) If an employee of the department is denied access to any vessel where access was sought for the purposes of (b) of this subsection, the department employee may contact an enforcement officer for assistance in applying for a search warrant authorizing access to the vessel in order to carry out the department employee's duties under this section.
     (2) Department employees must have official identification, announce their presence and intent, and perform their duties in a safe and professional manner while carrying out the activities in this section.
     (3) This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.
     (4) This section does not apply to fish and wildlife officers ((and ex officio fish and wildlife officers)) carrying out their duties under this title.

Sec. 22   RCW 77.12.154 and 1998 c 190 s 71 are each amended to read as follows:
     The director, fish and wildlife officers, ((ex officio fish and wildlife officers,)) and department employees may enter upon any land or waters and remain there while performing their duties without liability for trespass.
     It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state.

Sec. 23   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. 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. 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. 24   RCW 77.15.075 and 2009 c 204 s 1 are each amended to read as follows:
     (1) Fish and wildlife officers ((and ex officio fish and wildlife officers shall enforce this title, rules of the department, and other statutes as prescribed by the legislature. Fish and wildlife officers who are not ex officio officers)) shall have and exercise, throughout the state, such police powers and duties as are vested in sheriffs and peace officers generally. Fish and wildlife officers are general authority Washington peace officers.
     (2) An applicant for a fish and wildlife officer position must be a citizen of the United States of America who can read and write the English language. ((All fish and wildlife officers employed after June 13, 2002, must successfully complete the basic law enforcement academy course, known as the basic course, sponsored by the criminal justice training commission, or the basic law enforcement equivalency certification, known as the equivalency course, provided by the criminal justice training commission. All officers employed on June 13, 2002, must have successfully completed the basic course, the equivalency course, or the supplemental course in criminal law enforcement, known as the supplemental course, offered under chapter 155, Laws of 1985. Any officer who has not successfully completed the basic course, the equivalency course, or the supplemental course must complete the basic course or the equivalency course within fifteen months of June 13, 2002.
     (2) Fish and wildlife officers are peace officers.))
     (3) Any liability or claim of liability under chapter 4.92 RCW that arises out of the exercise or alleged exercise of authority by a fish and wildlife officer rests with the department unless the fish and wildlife officer acts under the direction and control of another agency or unless the liability is otherwise assumed under an agreement between the department and another agency.
     (4) ((Fish and wildlife officers may serve and execute warrants and processes issued by the courts.
     (5))) The department may utilize the services of a volunteer chaplain as provided under chapter 41.22 RCW.

Sec. 25   RCW 77.15.080 and 2002 c 281 s 8 are each amended to read as follows:
     (1) Based upon articulable facts that a person is engaged in fishing, harvesting, or hunting activities, fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish, shellfish, seaweed, and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title, and may request the person to write his or her signature for comparison with the signature on the license. Failure to comply with the request is prima facie evidence that the person is not the person named on the license. For licenses purchased over the internet or telephone, fish and wildlife officers may require the person, if age eighteen or older, to exhibit a driver's license or other photo identification.
     (2) Based upon articulable facts that a person is transporting a prohibited aquatic animal species or any aquatic plant, fish and wildlife officers ((and ex officio fish and wildlife officers)) have the authority to temporarily stop the person and inspect the watercraft to ensure that the watercraft and associated equipment are not transporting prohibited aquatic animal species or aquatic plants.

Sec. 26   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.

Sec. 27   RCW 77.15.092 and 2000 c 107 s 213 are each amended to read as follows:
     Fish and wildlife officers ((and ex officio fish and wildlife officers)) may arrest without warrant persons found violating the law or rules adopted pursuant to this title.

Sec. 28   RCW 77.15.094 and 2001 c 253 s 25 are each amended to read as follows:
     Fish and wildlife officers ((and ex officio fish and wildlife officers)) may make a reasonable search without warrant of a vessel, conveyances, vehicles, containers, packages, or other receptacles for fish, seaweed, shellfish, and wildlife which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title and seize evidence as needed for law enforcement. This authority 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. Seizure of property as evidence of a crime does not preclude seizure of the property for forfeiture as authorized by law.

Sec. 29   RCW 77.15.480 and 2001 c 253 s 42 are each amended to read as follows:
     Articles or devices unlawfully used, possessed, or maintained for catching, taking, killing, attracting, or decoying wildlife, fish, and shellfish are public nuisances. If necessary, fish and wildlife officers ((and ex officio fish and wildlife officers)) may seize, abate, or destroy these public nuisances without warrant or process.

Sec. 30   RCW 77.15.710 and 2000 c 107 s 257 are each amended to read as follows:
     (1) The commission 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. 31   RCW 77.32.014 and 2001 c 253 s 50 are each amended to read as follows:
     Licenses, tags, and stamps issued pursuant to this chapter shall be revoked and the privileges suspended for any period in which a person is certified by the department of social and health services or a court of competent jurisdiction as a person in noncompliance with a support order. Fish and wildlife officers ((and ex officio fish and wildlife officers)) shall enforce this section through checks of the department of licensing's computer database. A listing on the department of licensing's database that an individual's license is currently suspended pursuant to RCW 46.20.291(8) shall be prima facie evidence that the individual is in noncompliance with a support order. Presentation of a written release issued by the department of social and health services stating that the person is in compliance with an order shall serve as prima facie proof of compliance with a support order.

Sec. 32   RCW 77.75.110 and 2000 c 107 s 222 are each amended to read as follows:
     To enforce RCW 77.75.120 and 77.75.130, courts in the counties contiguous to the boundary waters((,)) and fish and wildlife officers((, and ex officio fish and wildlife officers)) have jurisdiction over the boundary waters to the furthermost shoreline. This jurisdiction is concurrent with the courts and law enforcement officers of Idaho.

Sec. 33   RCW 77.75.120 and 2000 c 107 s 223 are each amended to read as follows:
     The taking of wildlife from the boundary waters or islands of the Snake river shall be in accordance with the wildlife laws of the respective states. Fish and wildlife officers ((and ex officio fish and wildlife officers)) shall honor the license of either state and the right of the holder to take wildlife from the boundary waters and islands in accordance with the laws of the state issuing the license.

NEW SECTION.  Sec. 34   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.