AN ACT Relating to the management of trophy quality fish and wildlife; amending RCW 77.12.010; 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 legislature finds that wildlife is a valuable resource of the state which can be managed to achieve numerous benefits for the citizens, the wildlife, and the economy of the state. The beauty and magnificence of fully matured big game animals and fish have high aesthetic and economic value to residents and visitors alike. The resource is eagerly sought for observation, photography, sport hunting, and fishing. The legislature further finds that significant economic benefits to the state are possible by assuring that the wildlife interests of the state's residents are largely met within the state boundaries. Attracting nonresidents by quality management of the wildlife resources is at least equally desirable. Access to the resource on both public and private lands is encouraged, and the supporting involvement of the private sector is needed. The legislature intends to ensure that trophy quality game and fish are made maximally available through selective management programs designed to meet the needs of all user groups, including appreciative viewers and nonconsumptive participants, trophy hunters and fishermen, the general sporting public, and the consumers of game and fish as food sources. It is intended that substantial portions of the revenues generated by these management programs be used to enhance further development of the resource through habitat improvement and innovative landowner participation incentives.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Controlled trophy hunt" means a department identified hunt for a limited number of animals in a specific geographic area for the purpose of taking trophy quality animals;

(2) "Propagation" means the growing, farming, reproduction, or cultivation of big horn sheep, Rocky Mountain goat, pronghorn antelope, moose, elk, and deer and may be performed in confinement.

NEW SECTION. Sec. 3. (1) The department may issue controlled hunt permits and tags to applicants with a valid hunting license. Not less than twenty-five percent of the permits shall be set aside for applicants entering a sealed bid for the controlled trophy hunt. If the number of sealed bid applications exceeds the number of permits available, the department shall accept the applications with highest bid value.

(2) Up to seventy-five percent of the permits shall be issued on the basis of a random drawing from all applicants not selected in subsection (1) of this section. Sealed bid applicants not qualifying for the controlled hunt shall have their application included in the random drawing. If drawn in the random drawing, the applicant sealed bid shall be accepted. If not drawn, the applicant shall, at their election, either have their bid returned or credited to the big game habitat fund.

(3) To help assure a quality hunting experience, controlled trophy hunts for any species shall be conducted prior to any general season established by the commission for that species. Permit holders who do not take an animal during the controlled trophy hunt may hunt during the regular season for the same species but may only take a trophy quality animal during that season.

NEW SECTION. Sec. 4. (1) Proceeds from the sealed bids for controlled trophy hunt permits shall enter the big game habitat fund, hereby created in the custody of the state treasurer. The commission shall deposit in the fund all moneys received under this section. Disbursements from the fund shall be on authorization of the director or the director's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements. The fund shall be used exclusively for the purpose of compensating landholders for propagating big game populations to support controlled trophy hunts, providing access to hunters during a controlled trophy hunt, and defraying department and landowner expenses in the management of big game habitat.

(2) Seventy-five percent of proceeds from the sealed bids in the fund shall be used for big game propagation agreements with landholders, as described in section 5 of this act, with any remaining funds used for obtaining grazing leases for big game, winter feeding programs for big game, payment of big game damage claims, or purchase of fencing to protect agricultural crops from big game.

(3) Twenty-five percent of the proceeds from the sealed bids in the fund shall go to compensating landowners from whose land the big game is taken, under section 6 of this act.

NEW SECTION. Sec. 5. In controlled trophy hunt areas, the commission shall limit the number of permits to assure appropriate age distribution and the survival of ample numbers of adult male big game species. The number of sealed bid permits shall be no less than the number of propagated trophy-standard animals released. Controlled trophy hunts shall be designed to enhance trophy qualities and economic values of the state's adult trophy quality game resources. Propagation of the state's big game animals shall be managed to assure adequate numbers of mature males to meet goals of genetic excellence and an economically valuable trophy quality harvest.

Except under conditions of serious overpopulation, no male big game animal shall be hunted before it is at least two years old. The commission may approve general recreational hunts for animals two years old or older that lack trophy quality when populations allow.

Standards for big game species to be managed by controlled hunt permits for trophy quality are:

!tp1,1 !ixSpecies !tlTrophy!sc ,1Standard

!ixBig horn sheep !tl3/4 curl at least

!ixRocky Mountain goat !tlAdult

!ixPronghorn antelope !tlMale with formed prongs

!ixMoose !tlMale with formed palms

!tlon each antler

!ixElk !tl5 points or greater on each antler

!ixAll deer !tl4 points or greater on each antler

!tl(brow tines excluded)

NEW SECTION. Sec. 6. Persons engaging in the propagation and release of big game animals under confinement to support controlled trophy hunt programs shall be reimbursed by the department. For each trophy standard propagated animal of a given species released, the propagator shall receive an amount determined as follows: Seventy-five percent of the revenue from accepted sealed bids for that species divided by the number of sealed bid permits for that species.

The propagator shall maintain records of propagation and releases as required by the department. Propagated animals may only be released in accordance with a department authorized management plan. If the department provides brood stock to authorized propagators, the propagator must release, without compensation from the state, propagated female animals, in the amount of one hundred fifty percent of the brood stock provided by the department. Trophy standard animals released by the propagator shall not count toward the one hundred fifty percent. After this release is completed the propagator may supply brood stock to other propagators and engage in other propagating activities allowed by law. Expenses and liability of propagation, unless otherwise agreed upon, shall be assumed wholly by the propagator.

NEW SECTION. Sec. 7. Landholders who allow big game animals to reside on their land and who allow controlled trophy hunt permittees to hunt on their land shall be given habitat compensation for big game animals taken during a controlled trophy hunt. For each animal of a given species taken during the controlled trophy hunt, the landowner shall receive reimbursement in the following manner: Twenty-five percent of the revenue from accepted sealed bids for that species times the total number of animals taken on the landholder's property divided by the total number of controlled hunt permits for that species.

NEW SECTION. Sec. 8. (1) Controlled trophy hunt participants shall secure the permission of landholders before hunting on private land.

(2) If a big game animal is taken on private land during the controlled trophy hunt, the landholder shall be given an identification tag provided by the department and completed by the permittee. The landholder shall submit the identification tag to obtain the reimbursement under section 6 of this act. Alternatively, the permittee may submit the completed identification tag to the department to assure payment to the landholder.

NEW SECTION. Sec. 9. The department may elect to use up to twenty percent of the big game habitat fund each year to market and promote Washington trophy hunting and fishing.

NEW SECTION. Sec. 10. The department shall manage not less than ten percent of the state's lakes and streams for trophy quality fishing opportunities. This shall include management for hook and release fisheries combined with single fish limits. The selection of the waters shall be geographically distributed throughout the state and managed in a manner consistent with attracting tourism for trophy quality fishing. As many game fish species as possible shall be included in the program of trophy quality management.

NEW SECTION. Sec. 11. By July 1, 1989, the department shall adopt rules to implement this chapter. By July 1, 1991, the department shall identify controlled trophy hunt locations and bag limits.

NEW SECTION. Sec. 12. By February 28 of each year, the department shall provide the appropriate committees of the legislature with information concerning harvest data and the revenues generated from each controlled hunt. Disbursed funds shall be itemized to show details of propagation disbursements and landholder disbursements.

Sec. 13. Section 77.12.010, chapter 36, Laws of 1955 as last amended by section 1, chapter 438, Laws of 1985 and RCW 77.12.010 are each amended to read as follows:

Wildlife, except privately owned wildlife bred in captivity, is the property of the state. The department shall preserve, protect, and perpetuate wildlife. Game animals, game birds, and game fish may be taken only at times or places, or in manners or quantities as in the judgment of the commission maximizes public recreational opportunities without impairing the supply of wildlife.

The commission shall not adopt rules that categorically prohibit fishing with bait or artificial lures in streams, rivers, beaver ponds, and lakes except that the commission may adopt rules and regulations restricting fishing methods upon a determination by the director that an individual body of water or part thereof clearly requires a fishing method prohibition to conserve or enhance the fisheries resource or to provide selected fishing alternatives. The commission shall attempt to maximize the public recreational fishing opportunities of all citizens, particularly juvenile, handicapped, and senior citizens.

Nothing contained herein shall be construed to infringe on the right of a private property owner to control the owner's private property.

NEW SECTION. Sec. 14. Sections 1 through 12 of this act shall constitute a new chapter in Title 77 RCW.