AN ACT Relating to fish and wildlife; amending RCW 77.32.211; and adding a new chapter to Title 77 RCW.

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

NEW SECTION. Sec. 1. The policy of the state is actively to encourage the propagation, conservation, and utilization of fish and wildlife resources on private land.

NEW SECTION. Sec. 2. The wildlife commission shall develop a private wildlife management area program to implement this chapter. The program shall be designed to encourage the formation of wildlife management plans for the development of wildlife habitat and increased wildlife populations.

NEW SECTION. Sec. 3. (1) The wildlife commission shall issue revocable, nontransferable licenses for the operation of wildlife management areas on any private lands that the commission determines are suitable for the management and utilization of fish and wildlife resources. Any area licensed under this chapter shall be available for use by the general public with the consent of the landholders under conditions of the management program.

(2) No landholder licensed under this chapter shall grant lease rights or privileges which exclude or otherwise prevent the equal access and participation of any citizen who agrees to comply and complies with the conditions of the management program offered to any other citizens and the rights and rules of the landholder.

(3) Native species female big game animals covered by an approved wildlife management plan may not be hunted within the wildlife management area unless approved by the commission. However, only fifty percent of harvested female game animals shall be taken by the general public, in a hunt managed by the landholder, but the public hunter shall not be charged a fee or additional cost. The landholder may grant permits that specify the number of animals that are to be taken and the manner and time in which taken. Antlerless harvest should be approved as a last resort management procedure to control the over-population of game. The landholder shall give priority in offering permits under such a plan to persons under twenty-one years of age who have never taken a big game animal. Any remaining permits shall be offered to the general public. The landholder may require that persons under the age of twenty-one be accompanied by an experienced hunter over the age of twenty-one.

NEW SECTION. Sec. 4. (1) A license for a wildlife management area shall be issued to any landholder or combination of landholders if the commission approves an application submitted by the landholder. As used in this chapter, "landholder" means any person who owns, leases, or has a possessory interest in land.

(2) Each license application shall be accompanied by a nonrefundable fee in an amount established by the commission calculated to meet the costs in administering the program. The application shall be accompanied by a wildlife management plan and such other information about the proposed wildlife management area as the commission may require.

(3) An application for a license may be submitted by any number of landholders if all parcels to be included in the wildlife management area are contiguous and, in combination, are of a size suitable for the management of the species included in the wildlife management plan. The landholders shall designate one landholder who shall represent them in all dealings with the commission. The designated landholder shall be responsible for the operation of the wildlife management area.

(4) A landholder who does not own the land may apply for a license under this chapter only if the owner of the affected lands consents to the application.

NEW SECTION. Sec. 5. The commission may require the posting of all or a part of the boundaries of a wildlife management area.

NEW SECTION. Sec. 6. (1) The commission may adopt rules necessary for the administration of this chapter.

(2) After notice and a hearing under chapter 34.04 RCW, the commission may revoke the license for any violation of any provision of this chapter or rules under this chapter or for any violation of the terms of the license. However, the commission may order closure immediately upon declaration of an emergency, and the hearing shall be held within five working days of such order.

NEW SECTION. Sec. 7. (1) Upon approval of the wildlife management plan, the commission shall issue a license, that shall be valid for three calendar years, authorizing the taking of those species of wildlife designated in the plan, pursuant to the wildlife management plan and rules of the commission for the wildlife management area. The taking of wildlife shall be permitted only during seasons approved by the wildlife commission. The commission may adopt rules under this section authorizing bag limits in excess of those allowed outside of wildlife management areas.

(2) The activities conducted under each wildlife management plan shall be reviewed annually by the commission at a public hearing. Each licensee shall annually submit information about past activities and the activities intended to be conducted in the succeeding year. Any change to the wildlife management plan or the rules applicable to all wildlife management areas shall be proposed to the commission by the licensee or the department at the license review hearing.

NEW SECTION. Sec. 8. Before being removed from the wildlife management area, any wildlife taken in a wildlife management area shall be marked for identification with a distinctive tag or seal issued by the department under this chapter. Any wildlife so identified may be possessed and transported at any time during the period for which the tag or seal is valid. The fees for tags and seals shall be established by the commission in amounts calculated to meet the costs incurred in administering this section.

NEW SECTION. Sec. 9. Except as provided in this section, the landholder's license under this chapter is in place of any other permit or license required under this title, and no additional permits or licenses under this title are required. Nothing in this section shall be construed to exempt anyone from any requirement pertaining to hunting and fishing licenses, stamps, tags, or permits.

NEW SECTION. Sec. 10. The department may donate female big game animals to licensed operators of wildlife management areas. These animals may not be sold, traded, exchanged, or otherwise used for commercial purposes.

Any fenced enclosures designated as reserves for propogation only may be set aside as areas closed to hunting within which the landowner may engage in wildlife breeding programs. Unless otherwise provided by law, wildlife bred within the propogation reserves shall be released into the wildlife management area for a steady supply of controlled quality stock. Released wildlife shall be the property of the state.

NEW SECTION. Sec. 11. The department of wildlife shall report annually on the program conducted under this chapter. The report shall include a list of landholders participating in the program, the wildlife management activities undertaken, the wildlife species managed, their populations and harvest data. The report shall be submitted to the appropriate standing committees of the senate and the house of representatives.

Sec. 12. Section 30, chapter 15, Laws of 1975 1st ex. sess. as last amended by section 83, chapter 506, Laws of 1987 and RCW 77.32.211 are each amended to read as follows:

(1) A taxidermy license allows the holder to practice taxidermy for profit. The fee for this license is one hundred fifty dollars.

(2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs for profit. The fee for this license is one hundred fifty dollars.

(3) A fishing guide license allows the holder to offer or perform the services of a professional guide in the taking of game fish. The fee for this license is one hundred fifty dollars for a resident and five 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 sixty dollars for the first year and forty 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 dollars.

(6) A hunting, fishing, or field trial permit allows the holder to promote, conduct, hold, or sponsor a hunting, fishing, or field trial contest in accordance with rules of the commission. The fee for this permit is twenty dollars, except there shall be no fee for juvenile fishing contests or derbies.

(7) 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 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 fifty dollars.

NEW SECTION. Sec. 13. Sections 1 through 11 of this act shall constitute a new chapter in Title 77 RCW.

NEW SECTION. Sec. 14. 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.