H-2162              _______________________________________________

 

                                                   HOUSE BILL NO. 1167

                        _______________________________________________

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By Representatives Bumgarner, Sanders, C. Smith, S. Wilson, Hargrove, Fuhrman, Amondson, Schmidt, Nealey, Ferguson and D. Sommers

 

 

Read first time 3/4/87 and referred to Committee on Natural Resources.

 

 


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

 

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

 

          NEW SECTION.  Sec. 1.     It is the policy of the state actively to encourage the propagation, conservation, and utilization of fish and wildlife resources on private land.  The game commission and the department of fisheries, or their successors, shall develop a private wildlife management area program for the implementation of this chapter.

 

          NEW SECTION.  Sec. 2.     The game commission and the department of fisheries, or their successors, shall issue revocable, nontransferable licenses for the operation of wildlife management areas on any private lands they determine are suitable for the management and utilization of fish and wildlife resources.  Any area licensed pursuant to this chapter shall not be available for use by the general public without the consent of the landholders.

 

          NEW SECTION.  Sec. 3.     (1) A license for a wildlife management area shall be issued to any landholder or combination of landholders upon approval by the game commission and the department of fisheries, or their successors, of 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 game commission and the department of fisheries, or their successors, that is 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 may be required by the commissions.

          (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 commissions and the divisions.  The designated landholder shall be responsible for the operation of the wildlife management area.

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

 

          NEW SECTION.  Sec. 4.     The game commission and the department of fisheries, or their successors, may require all or a part of the boundaries of a wildlife management area to be posted.

 

          NEW SECTION.  Sec. 5.     (1) The game commission and the department of fisheries, or their successors, may adopt rules necessary for the administration of this chapter.

          (2) After notice and a hearing consistent with chapter 34.04 RCW, the game commission and the department of fisheries, or their successors, 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.

 

          NEW SECTION.  Sec. 6.     (1) Upon approval of the wildlife management plan, the game commission and the department of fisheries, or their successors, shall issue licenses, which shall be valid for three calendar years, authorizing the taking of those species of fish, game birds, and game mammals designated in the plan, pursuant to the wildlife management plan and rules of the commissions for that wildlife management area.  Rules adopted pursuant to this section may supersede any provisions of law specifically designated in the rule but only to the extent specifically provided in the rule.

          (2) The activities conducted pursuant to each wildlife management plan shall be reviewed annually by the game commission and the department of fisheries, or their successors, 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 the wildlife management area shall be proposed to the game commission and the department of fisheries, or their successors, by the licensee at the license review hearing.

 

          NEW SECTION.  Sec. 7.     Any fish, bird, or mammal taken in a wildlife management area licensed under this chapter shall be marked for identification with a distinctive tag or seal issued under this chapter prior to being removed from the wildlife management area.  Any fish, bird, or mammal 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 commissions in amounts calculated to meet the costs incurred in administering this section.

 

          NEW SECTION.  Sec. 8.     Any landholder who has paid the fee required by this chapter, who has a valid license issued pursuant to this chapter, and who is conducting activities pursuant to an approved wildlife management plan that could be licensed or permitted pursuant to another provision of this title or Title 75 RCW shall be exempt from any requirement to obtain that other license or permit or to pay any other fee.  This section shall not, however, be construed to exempt anyone from any requirement pertaining to hunting and sport fishing licenses, stamps, tags, or permits.

 

          NEW SECTION.  Sec. 9.     The departments of fish and game, or their successors, shall report annually on the program conducted pursuant to this chapter.  The report shall include a listing of landholders participating in the program, the wildlife and fish management activities undertaken, the wildlife or fish species managed, and harvest data.  The report shall be submitted to the applicable standing committees of the senate and the house of representatives.

 

          NEW SECTION.  Sec. 10.    Sections 1 through 9 of this act shall constitute a new chapter in Title 77 RCW.