AN ACT Relating to wildlife; amending RCW 43.17.010, 43.17.020, 77.08.010, 77.12.020, and 77.12.150; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 43 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that the increasing demands on land from a rapidly growing population and the increasing demands for game animals and fish for recreational purposes have created the need for new methods of protecting the environment and wildlife. The management of wildlife has become increasingly complex and costly. The interests of landowners, sportsmen, and wildlife protection are often in conflict. It is the intent of the legislature to provide for the survival of each species, to protect the genetic quality of our wildlife, and protect the economic value of the wildlife resources in this state. The legislature intends to enhance the ecosystem and seek a biological balance.

To accomplish these goals, the legislature intends to reorganize the management of fish and wildlife in this state by creating a new department of wildlife. The legislature further intends to provide that funds for managing wildlife for recreational or commercial use are generated from the persons using the wildlife for such purposes.

NEW SECTION. Sec. 2. As used in this chapter, unless the context indicates otherwise:

(1) "Department" means the department of wildlife; and

(2) "Director" means the director of wildlife.

NEW SECTION. Sec. 3. There is hereby created a department of state government to be known as the department of wildlife. The department shall be vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law.

NEW SECTION. Sec. 4. The executive head and appointing authority of the department shall be the director. The director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The director shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040. If a vacancy occurs in the position while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate.

NEW SECTION. Sec. 5. It is the intent of the legislature wherever possible to place the internal affairs of the department under the control of the director in order that the director may institute therein the flexible, alert, and intelligent management of its business that changing contemporary circumstances require. Therefore, whenever the director's authority is not specifically limited by law, the director shall have complete charge and supervisory powers over the department. The director may create such administrative structures as the director considers appropriate, except as otherwise specified by law. The director may employ such assistants and personnel as may be necessary for the general administration of the department. This employment shall be in accordance with the state civil service law, chapter 41.06 RCW, except as otherwise provided.

NEW SECTION. Sec. 6. (1) The state game commission is created. The game commission consists of six voters of the state. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate two voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a voter within sixty days to complete the term. Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. No two members may be residents of the same county. The legal office of the commission is at the administrative office of the department in Olympia.

(2) Persons eligible for appointment as members of the commission shall have general knowledge of the habits and distribution of wildlife and shall not hold another state, county, or municipal elective or appointive office.

NEW SECTION. Sec. 7. (1) The state fish commission is created. The fish commission consists of six voters of the state. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate two voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a voter within sixty days to complete the term. Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. No two members may be residents of the same county. The legal office of the commission is at the administrative office of the department in Olympia.

(2) Persons eligible for appointment as members of the commission shall have general knowledge of the habits and distribution of fish and shall not hold another state, county, or municipal elective or appointive office.

NEW SECTION. Sec. 8. The game commission and the fish commission shall hold regular meetings within the first ten days of January, April, July, and October of each year, and special meetings when called by the chairman or by four members. Four members constitute a quorum for the transaction of business.

Each commission at a meeting in each odd-numbered year shall elect one of its members as chairman and another member as vice-chairman, each of whom shall serve for a term of two years or until a successor is elected and qualified.

When a vacancy in the office of the division director has occurred, each commission, when applicable, shall elect a division director by approval of four members. Each division director shall hold office at the pleasure of the applicable commission.

Members of each commission shall be compensated in accordance with RCW 43.03.250. In addition, members are allowed their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 9. (1) The divisions of fish and game are created within the department of wildlife. The division directors shall be appointed by the commission of fish or the commission of game as applicable under section 8 of this act.

(2) The division of fish and the fish commission shall be responsible for administering all the provisions of Titles 75 and 77 RCW dealing with managing food fish or game fish resources.

(3) The division of game and the game commission shall be responsible for administering all the provisions of Titles 75 and 77 RCW dealing with managing game resources.

NEW SECTION. Sec. 10. The game commission shall adopt, amend, or repeal, and enforce reasonable rules prohibiting or governing the time, place, and manner of taking or possessing game animals or birds consistent with the state's wildlife conservation laws. The commission may specify the quantities, species, sex, and size of game animals or birds that may be taken or possessed. The director of the division may adopt emergency rules.

The commission may establish by rule game reserves and closed areas where hunting for wild animals or wild birds may be prohibited.

NEW SECTION. Sec. 11. The fish commission shall adopt, amend, or repeal, and enforce reasonable rules prohibiting or governing the time, place, and manner of taking or possessing game fish or food fish. The commission may specify the quantities, species, sex, and size of game fish or food fish which may be possessed consistent with the state's wildlife conservation laws. The director may adopt emergency rules.

The commission may establish by rule closed waters where fishing for game fish or food fish may be prohibited.

NEW SECTION. Sec. 12. (1) The director of wildlife shall be responsible for all administrative functions and enforcement functions relating to carrying out the provisions of Titles 75 and 77 RCW.

(2) The director may contract with the adjutant general for the services of the national guard of the state as defined in RCW 38.38.004 to aid in the enforcement of Titles 75 and 77 RCW.

NEW SECTION. Sec. 13. Any power or duty vested in or transferred to the director by law, or executive order, may be delegated by the director to the deputy director or to any other assistant or subordinate; but the director shall be responsible for the official acts of the officers and employees of the department.

NEW SECTION. Sec. 14. In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the department, such rules as may become necessary to entitle the state to participate in federal funds may be adopted, unless expressly prohibited by law. Any internal reorganization carried out under the terms of this chapter shall meet federal requirements which are a necessary condition to state receipt of federal funds. Any section or provision of law dealing with the department which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department. If any law dealing with the department is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, the conflicting part is declared to be inoperative solely to the extent of the conflict.

NEW SECTION. Sec. 15. A new section is added to chapter 41.06 RCW to read as follows:

In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the department of wildlife to the director, the director's personal secretary, the deputy director, all division directors and assistant directors, and one confidential secretary for each of these officers.

NEW SECTION. Sec. 16. The departments of fisheries and game and the game commission are hereby abolished and their powers, duties, and functions are hereby transferred to the department of wildlife. All references to the department of fisheries, the department of game, or the game commission, or the director of fisheries, the director of game, or the commission in the Revised Code of Washington shall be construed to mean the director or department of wildlife and as applicable the fish commission or the game commission.

NEW SECTION. Sec. 17. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the departments of fisheries and game and the game commission shall be delivered to the custody of the department of wildlife. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed in connection with the powers, duties, and functions transferred shall be made available to the department of fish and wildlife. All funds, credits, or other assets held in connection with the powers, duties, and functions transferred shall be assigned to the department of wildlife.

Any appropriations made in connection with the powers, duties, and functions transferred shall, on the effective date of this section, be transferred and credited to the department of wildlife.

All moneys from the game fund, which is abolished, shall be transferred to the general fund.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, or as to the powers, duties, and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 18. All classified employees employed in connection with the powers, duties, and functions transferred are transferred to the jurisdiction of the department of wildlife. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of wildlife to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 19. All rules and all pending business before any agency of state government pertaining to the powers, duties, and functions transferred shall be continued and acted upon by the department of wildlife. All existing contracts and obligations shall remain in full force and shall be performed by the department of wildlife.

NEW SECTION. Sec. 20. The transfer of the powers, duties, functions, and personnel shall not affect the validity of any act performed by such employee prior to the effective date of this section.

NEW SECTION. Sec. 21. If apportionments of budgeted funds are required because of the transfers directed by sections 17 through 20 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 22. Nothing contained in sections 17 through 21 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

Sec. 23. Section 1, chapter 10, Laws of 1979 as last amended by section 47, chapter 466, Laws of 1985 and RCW 43.17.010 are each amended to read as follows:

There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of ((~~fisheries, (6) the department of game~~)) wildlife, ((~~(7)~~)) (6) the department of transportation, ((~~(8)~~)) (7) the department of licensing, ((~~(9)~~)) (8) the department of general administration, ((~~(10)~~)) (9) the department of trade and economic development, ((~~(11)~~)) (10) the department of veterans affairs, ((~~(12)~~)) (11) the department of revenue, ((~~(13)~~)) (12) the department of retirement systems, ((~~(14)~~)) (13) the department of corrections, and ((~~(15)~~)) (14) the department of community development, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.

Sec. 24. Section 2, chapter 10, Laws of 1979 as last amended by section 48, chapter 466, Laws of 1985 and RCW 43.17.020 are each amended to read as follows:

There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of ((~~fisheries, (6) the director of game~~)) wildlife, ((~~(7)~~)) (6) the secretary of transportation, ((~~(8)~~)) (7) the director of licensing, ((~~(9)~~)) (8) the director of general administration, ((~~(10)~~)) (9) the director of trade and economic development, ((~~(11)~~)) (10) the director of veterans affairs, ((~~(12)~~)) (11) the director of revenue, ((~~(13)~~)) (12) the director of retirement systems, ((~~(14)~~)) (13) the secretary of corrections, and ((~~(15)~~)) (14) the director of community development.

Such officers, except the secretary of transportation ((~~and the director of game~~)), shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. If a vacancy occurs while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate. The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041((~~, and the director of game shall be appointed by the game commission~~)).

Sec. 25. Section 77.08.010, chapter 36, Laws of 1955 as amended by section 9, chapter 78, Laws of 1980 and RCW 77.08.010 are each amended to read as follows:

As used in this title or rules of the commission, unless the context clearly requires otherwise:

(1) "Director" means the director of ((~~game~~)) wildlife.

(2) "Department" means the department of ((~~game~~)) wildlife.

(3) "Commission" means the ((~~state~~)) game commission or fish commission, as applicable.

(4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

(5) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws of this title, rules of the commission, and other statutes as prescribed by the legislature.

(6) "Ex officio wildlife agent" 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 wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries commission, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, ((~~and~~)) United States forest service officers, and through special authority the active or retired officers of the Washington national guard while the agents and officers are within their respective jurisdictions.

(7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

(8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

(9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.

(10) "Open season" means those times, manners of taking, and areas or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish. "Open season" includes the first and last days of the established time.

(11) "Closed season" means all times, manners of taking, and areas or waters other than those established as an open season.

(12) "Closed area" means a place where the commission has prohibited by rule the hunting of some species of wild animals or wild birds.

(13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where the commission has prohibited by rule fishing for game fish.

(14) "Game reserve" means a closed area where the commission has prohibited by rule hunting for all wild animals and wild birds.

(15) "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.

(16) "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, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified by the director of fisheries. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

(17) "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 the family Muridae of the order Rodentia (old world rats and mice).

(18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

(19) "Protected wildlife" means wildlife designated by rule of the commission that shall not be hunted or fished.

(20) "Endangered species" means wildlife designated by rule of the commission as seriously threatened with extinction.

(21) "Game animals" means wild animals that shall not be hunted except as authorized by rule of the commission.

(22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by rule of the commission.

(23) "Game birds" means wild birds that shall not be hunted except as authorized by rule of the commission.

(24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by rule of the commission.

(25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated by rule of the commission as dangerous to the environment or wildlife of the state.

(26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

Sec. 26. Section 77.12.020, chapter 36, Laws of 1955 as last amended by section 13, chapter 78, Laws of 1980 and RCW 77.12.020 are each amended to read as follows:

(1) The commission shall investigate the habits and distribution of the various species of wildlife native to or adaptable to the habitats of the state. The commission shall determine whether a species should be managed by the department and, if so, classify it under this section.

(2) The commission may classify by rule wild animals as game animals and game animals as fur-bearing animals.

(3) The commission may classify by rule wild birds as game birds or predatory birds. All wild birds not otherwise classified are protected wildlife.

(4) In addition to those species listed in RCW 77.08.020, the commission may classify by rule as game fish other species of the class Osteichthyes that are commonly found in fresh water except those classified as food fish ((~~by the director of fisheries~~)).

(5) If the commission determines that a species of wildlife should not be hunted or fished, the commission may designate it protected wildlife by rule.

(6) If the commission determines that a species of wildlife is seriously threatened with extinction in the state of Washington, the commission may designate it an endangered species by rule.

(7) If the commission determines that a species of the animal kingdom not native to Washington is dangerous to the environment or wildlife of the state, the commission may designate it deleterious exotic wildlife by rule.

Sec. 27. Section 77.12.150, chapter 36, Laws of 1955 as last amended by section 4, chapter 240, Laws of 1984 and RCW 77.12.150 are each amended to read as follows:

By emergency rule only, and in accordance with rules of the applicable commission, the director of the division of game or the director of the division of fish may close or shorten a season for game animals, game birds, or game fish, and after a season has been closed or shortened, may reopen it and reestablish bag limits on game animals, game birds, or game fish during that season.

((If the director finds that game animals have increased in numbers in an area of the state so that they are damaging public or private property or over-utilizing their habitat, the commission may establish by rule a special hunting season and designate the time, area, and manner of taking and the number and sex of the animals that may be killed or possessed by a licensed hunter. The director shall determine by random selection the identity of hunters who may hunt within the area and shall determine the conditions and requirements of the selection process. The commission shall include notice of the special season in the rules establishing open seasons.))

NEW SECTION. Sec. 28. Sections 1 through 14 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 29. 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.