AN ACT Relating to search and seizure; amending RCW 75.08.080, 75.10.020, and 75.28.035; adding a new section to chapter 75.08 RCW; adding a new section to chapter 75.25 RCW; and declaring an emergency.

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

Sec. 1. Section 75.08.080, chapter 12, Laws of 1955 as last amended by section 17, chapter 457, Laws of 1985 and RCW 75.08.080 are each amended to read as follows:

(1) The director may adopt, amend, or repeal rules as follows:

(a) Specifying the times when the taking of food fish or shellfish is lawful or unlawful.

(b) Specifying the areas and waters in which the taking and possession of food fish or shellfish is lawful or unlawful.

(c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take food fish or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed.

(d) Regulating the possession, disposal, landing, and sale of food fish or shellfish within the state, whether acquired within or without the state.

(e) Regulating the prevention and suppression of diseases and pests affecting food fish or shellfish.

(f) Regulating the size, sex, species, and quantities of food fish or shellfish that may be taken, possessed, sold, or disposed of.

(g) Specifying the statistical and biological ((~~reports~~)) data required from fishermen, dealers, boathouses, or processors of food fish or shellfish and regulating the collection by any person of this data.

(h) Classifying species of marine and freshwater life as food fish or shellfish.

(i) Classifying the species of food fish and shellfish that may be used for purposes other than human consumption.

(j) Other rules necessary to carry out this title and the purposes and duties of the department.

(2) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to private tideland owners and lessees of state tidelands, when they take or possess oysters, clams, cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use.

(3) Except for subsection (1)(g) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020. Subsection (1)(g) of this section does apply to such products.

NEW SECTION. Sec. 2. A new section is added to chapter 75.08 RCW to read as follows:

Persons representing and visibly identified by the department may inspect and take sampling data or material for research or conservation purposes from the food fish or shellfish catch of any person. The inspection and data collection may occur on state waters, on a state-licensed vessel in offshore waters or in the concurrent waters of the Columbia river, or near where the food fish or shellfish are taken. Persons inspecting or taking sampling data shall perform their duties in a manner so as to create as little interference as possible to the operations of the person whose catch is being inspected and sampled.

Sec. 3. Section 75.08.170, chapter 12, Laws of 1955 as amended by section 33, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.020 are each amended to read as follows:

(1) Fisheries patrol officers may inspect and search without warrant a person, boat, fishing equipment, vehicle, conveyance, container, or property used in catching, processing, storing, or marketing food fish or shellfish which they have reason to believe contain evidence of violations of this title or rules of the director. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile.

(2) Fisheries patrol officers and ex officio fisheries patrol officers may arrest without warrant a person they have reason to believe is in violation of this title or rules of the director.

(3) Fisheries patrol officers may board and inspect for the purpose of enforcing this title and rules of the director without warrant, any boat or fishing vessel actively engaged in the commercial harvest of fish. Fisheries patrol officers shall attempt to board and inspect each boat or fishing vessel actively engaged in the commercial harvest of fish at least one time each calendar year. The boarding and inspection authorized by this subsection shall be conducted by the fisheries patrol officer in a manner of least interference to the operations of the fishing vessel. This authority to board and inspect does not extend to the private living quarters on a boat.

Sec. 4. Section 75.28.100, chapter 12, Laws of 1955 as last amended by section 107, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.035 are each amended to read as follows:

An application for issuance or renewal of a commercial fishing license or permit shall contain the name and address of the vessel owner, the name and address of the vessel operator, the name and number of the vessel, a description of the vessel and fishing gear to be carried on the vessel, and other information required by the department.

At the time of issuance of a commercial fishing license or permit the director shall furnish the licensee with a vessel registration and two license decals. Either on the registration or on the decals shall be printed a provision notifying the licensee of the right to inspect the licensee's fishing operations and catch in the water, on board, or ashore, pursuant to chapter 75.10 RCW.

Vessel registrations and license and permit decals issued by the director shall be displayed as provided by rule of the director.

A commercial fishing license or permit is not valid if the vessel is operated by a person other than the operator listed on the license or permit. The director may authorize additional operators for the license or permit. The fee for an additional operator is ten dollars.

The vessel owner shall notify the director on forms provided by the department of changes of ownership or operator and a new license or permit shall be issued upon payment of a fee of ten dollars.

A defaced, mutilated, or lost license or license decal shall be replaced immediately. The replacement fee is two dollars.

NEW SECTION. Sec. 5. A new section is added to chapter 75.25 RCW to read as follows:

In addition to the information requested under RCW 75.25.140, a person digging for, angling for, or possessing food fish or shellfish shall produce for inspection food fish and shellfish taken and gear used when requested by a fisheries patrol officer or ex officio fisheries patrol officer. The request under this section shall occur only on or near the water while the person is digging or angling or is reasonably believed to have recently been digging or angling. A licensee shall be advised of this requirement in writing at the time the license is issued.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.