BILL REQ. #:  S-1667.1 

READ FIRST TIME 02/22/13.   

     AN ACT Relating to aquatic invasive species; amending RCW 77.15.160; reenacting and amending RCW 77.12.879; repealing RCW 77.60.130; and prescribing penalties.

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

Sec. 1   RCW 77.12.879 and 2011 c 171 s 113 and 2011 c 169 s 4 are each reenacted and 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 88.02.640(3)(a)(i) 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.
     (a) 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.
     (b) A person who enters Washington by road 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)) outside of Washington must have in his or her possession ((valid)) documentation that the watercraft ((has been inspected and found)) is free of aquatic invasive species. The department must develop and maintain rules to implement this subsection (3)(b), including specifying allowable forms of documentation.
     (c) 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.      (d) 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.
     (e) 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.

Sec. 2   RCW 77.15.160 and 2012 c 176 s 15 are each amended to read as follows:
     The following acts are infractions and must be cited and punished as provided under chapter 7.84 RCW:
     (1) Fishing and shellfishing infractions:
     (a) Barbed hooks: Fishing for personal use with barbed hooks in violation of any department rule.
     (b) Catch recording: Failing to immediately record a catch of fish or shellfish on a catch record card as required by RCW 77.32.430 or department rule.
     (c) Catch reporting: Failing to return a catch record card to the department for other than Puget Sound Dungeness crab, as required by department rule.
     (d) Recreational fishing: Fishing for fish or shellfish and, without yet possessing fish or shellfish, the person:
     (i) Owns, but fails to have in the person's possession the license or the catch record card required by chapter 77.32 RCW for such an activity; or
     (ii) Violates any department rule regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of fishing for fish or shellfish. This subsection does not apply to use of a net to take fish under RCW 77.15.580 or the unlawful use of shellfish gear for personal use under RCW 77.15.382.
     (e) Seaweed: Taking, possessing, or harvesting less than two times the daily possession limit of seaweed:
     (i) While owning, but not having in the person's possession, the license required by chapter 77.32 RCW; or
     (ii) In violation of any rule of the department or the department of natural resources regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting of seaweed.
     (f) Unclassified fish or shellfish: Taking unclassified fish or shellfish in violation of any department rule by killing, fishing, taking, holding, possessing, or maliciously injuring or harming fish or shellfish that is not classified as game fish, food fish, shellfish, protected fish, or endangered fish.
     (g) Wasting fish or shellfish: Killing, taking, or possessing fish or shellfish having a value of less than two hundred fifty dollars and allowing the fish or shellfish to be wasted.
     (2) Hunting infractions:
     (a) Eggs or nests: Maliciously, and without permit authorization, destroying, taking, or harming the eggs or active nests of a wild bird not classified as endangered or protected. For purposes of this subsection, "active nests" means nests that contain eggs or fledglings.
     (b) Unclassified wildlife: Taking unclassified wildlife in violation of any department rule by killing, hunting, taking, holding, possessing, or maliciously injuring or harming wildlife that is not classified as big game, game animals, game birds, protected wildlife, or endangered wildlife.
     (c) Wasting wildlife: Killing, taking, or possessing wildlife that is not classified as big game and has a value of less than two hundred fifty dollars, and allowing the wildlife to be wasted.
     (d) Wild animals: Hunting for wild animals not classified as big game and, without yet possessing the wild animals, the person owns, but fails to have in the person's possession, all licenses, tags, or permits required by this title.
     (e) Wild birds: Hunting for and, without yet possessing a wild bird or birds, the person:
     (i) Owns, but fails to have in the person's possession, all licenses, tags, stamps, and permits required under this title; or
     (ii) Violates any department rule regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of hunting wild birds.
     (3) Trapping, taxidermy, fur dealing, and wildlife meat cutting infractions:
     (a) Recordkeeping and reporting: If a person is a taxidermist, fur dealer, or wildlife meat cutter who is processing, holding, or storing wildlife for commercial purposes, failing to:
     (i) Maintain records as required by department rule; or
     (ii) Report information from these records as required by department rule.
     (b) Trapper's report: Failing to report trapping activity as required by department rule.
     (4) Aquatic invasive species infraction: Entering Washington by road and transporting a recreational or commercial watercraft that has been used outside of Washington without meeting documentation requirements as provided under RCW 77.12.879.
     (5) Other infractions:
     (a) Contests: Conducting, holding, or sponsoring a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife.
     (b) Other rules: Violating any other department rule that is designated by rule as an infraction.
     (c) Posting signs: Posting signs preventing hunting or fishing on any land not owned or leased by the person doing the posting, or without the permission of the person who owns, leases, or controls the land posted.
     (d) Scientific permits: Using a scientific permit issued by the director for fish, shellfish, or wildlife, but not including big game or big game parts, and the person:
     (i) Violates any terms or conditions of the scientific permit; or
     (ii) Violates any department rule applicable to the issuance or use of scientific permits.
     (e) Transporting aquatic plants: Transporting aquatic plants on any state or public road, including forest roads. However:
     (i) This subsection does not apply to plants that are:
     (A) Being transported to the department or to another destination designated by the director, in a manner designated by the department, for purposes of identifying a species or reporting the presence of a species;
     (B) Legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes;
     (C) Located within or on a commercial aquatic plant harvester that is being transported to a suitable location to remove aquatic plants;
     (D) Being transported in a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or
     (E) Being transported in such a way as the commission may otherwise prescribe; and
     (ii) This subsection does not apply to a person who:
     (A) Is stopped at an aquatic invasive species check station and possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive plant species if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or
     (B) Has voluntarily submitted a recreational or commercial watercraft for inspection by the department or its designee and has received a receipt verifying that the watercraft has not been contaminated since its last use.

NEW SECTION.  Sec. 3   RCW 77.60.130 (Aquatic nuisance species committee) and 2007 c 341 s 59 & 2000 c 149 s 1 are each repealed.