AN ACT Relating to endangered, threatened, and sensitive species; amending RCW 77.08.010, 77.08.045, 77.12.020, 77.16.040, and 77.16.120; reenacting and amending RCW 77.21.010; adding new sections to chapter 77.12 RCW; adding a new chapter to Title 77 RCW; prescribing penalties; and making appropriations.

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

NEW SECTION. Sec. 1. This chapter shall be known and may be cited as the endangered species conservation act.

NEW SECTION. Sec. 2. The legislature finds and declares that:

(1) The native fauna and flora of the state of Washington are an irreplaceable resource enhancing the quality of life for all of Washington's residents. It is the policy of this state to preserve, protect, and enhance such species of animals and plants and their habitats to ensure their perpetuation as viable components of their ecosystems for the educational, economic, recreational, aesthetic, spiritual, and scientific benefit of the people of this state.

(2) Species of animals and plants within this state that are endangered, threatened, or sensitive shall be accorded such protection as is necessary to maintain and enhance their numbers.

(3) The state shall assist in the protection of endangered or threatened animal and plant species by generally prohibiting the taking, processing, sale, offer for sale, barter, trade, transportation, exportation from this state, or shipment within this state of such species.

(4) The state's policy regarding disputes arising under this chapter is to encourage their resolution through mediation and alternative dispute resolution methods.

NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Animal" means any native member of the animal kingdom, including any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof.

(2) "Commercial" means all types of activities, uses, and purposes of an industrial or trade nature including, but not limited to, the buying or selling of commodities and activities conducted for the purpose of such buying or selling and barter and exchange.

(3) "Commission" means the state wildlife commission.

(4) "Conserve," "conserving," and "conservation" mean the use of all methods and procedures that are necessary to bring any animal or plant species and their habitats to the point at which the measures provided under this chapter are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resource management such as regulation, habitat acquisition, maintenance and restoration, research, census, law enforcement, propagation, transplantation, and nursery inspections.

(5) "Department" means the department of natural resources.

(6) "Endangered species" means any animal or plant species:

(a) Native to the state of Washington that is in danger of extinction throughout all or a significant portion of its range within the state, other than an insect pest whose protection would present an overwhelming and overriding risk to humankind; or

(b) Determined to be an "endangered species" pursuant to the federal endangered species act.

(7) "Federal endangered species act" means the federal endangered species act of 1973, Public Law 93-205 (87 Stat. 884), as amended.

(8) "Landowner" means the real property owner of habitat lands of species protected under this chapter, and includes the state as the trustee of state trust lands and the owner of public lands.

(9) "Listed species" means any endangered or threatened animal or plant species listed by the commission or department as protected under this chapter.

(10) "Merchantable agricultural crop" means any merchantable "agricultural commodity" as defined in RCW 15.65.020.

(11) "Person" means an individual, corporation, company, association, society, firm, partnership, joint stock company, and any department or instrumentality of the federal government, of any state or political subdivision thereof, or of any foreign government.

(12) "Plant" means any native member of the plant kingdom, as well as seeds, roots, and other parts thereof.

(13) "Public land" means all public lands as defined in RCW 79.01.004 and all lands held in trust by or belonging to the state.

(14) "Recovery" means when animal or plant populations have achieved a level that can be maintained indefinitely without the intensive management measures provided for under this chapter for listed species.

(15) "Sensitive species" means any plant or animal species that is vulnerable or declining, and could become endangered or threatened in the state without active management or removal of threats.

(16) "Species" includes any species, subspecies, or variety of animal or plant native to the state of Washington.

(17) "Take" with respect to animals means an effort to kill, injure, capture, or harass. "Take" with respect to plants means an effort to collect, cut, damage, destroy, dig, kill, pick, remove, trample, transplant, uproot, or disturb otherwise.

(18) "Threatened species" means any animal or plant species:

(a) Native to the state of Washington that could become an endangered species within the state without active management or removal of threats; or

(b) Determined to be a "threatened species" pursuant to the federal endangered species act.

NEW SECTION. Sec. 4. (1) In addition to those animal or plant species determined to be endangered or threatened under the federal endangered species act, the commission shall determine by rule for animal species and the department shall determine by rule for plant species, whether any animal or plant species is an endangered, threatened, or sensitive species as a result of any of the following factors:

(a) The present or threatened destruction, modification, or curtailment of its habitat or range;

(b) Overuse for commercial, recreational, scientific, educational, or private purpose;

(d) The inadequacy of existing regulatory mechanisms affecting its continued existence within the state; or

(e) Other factors, determined by the commission or department by rule, which affect its continued existence within the state.

(2) The commission or department, as appropriate, shall make the determinations required by this section solely on the basis of the best scientific information available, and after consultation, as appropriate, with federal agencies, other state agencies having a common interest in the species, and interested persons and organizations. In determining whether any species is endangered, threatened, or sensitive, the commission or department shall take into account any actions or proposed actions being performed by the federal government, other state agencies or political subdivisions of the state, or by any other person that may affect the species under consideration.

NEW SECTION. Sec. 5. (1) The commission or department, as appropriate, shall conduct investigations of native species to develop information relating to population, distribution, habitat needs, recovery points, limiting factors, and other biological and ecological data, and to determine conservation measures and requirements necessary for their survival.

(2) The commission or department may, at its discretion, withhold from any person information about the distribution or location of a species if it determines that disclosure of such information may threaten the survival of that or another species.

NEW SECTION. Sec. 6. In order to ensure the protection of sensitive species, the commission and department shall:

(1) Monitor sensitive animal and plant species to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data;

(2) Establish programs designed to enhance the voluntary protection of sensitive species; and

(3) Conduct educational programs on the need to protect such sensitive species.

NEW SECTION. Sec. 7. The commission and the department shall establish, by rule, programs for the protection and conservation of threatened and endangered species. These programs shall employ methods and procedures necessary to bring the species to the point of recovery. These methods and procedures shall include activities associated with scientific resource management such as research, census, habitat acquisition and maintenance, propagation and transplantation, law enforcement, and educational programs.

NEW SECTION. Sec. 8. (1) By January 1, 1990, the commission and the department shall adopt rules containing an initial list of all species within the state that it determines, in accordance with sections 4 through 6 of this act, to be endangered, threatened, or sensitive, and shall periodically revise and amend the list. The list shall refer to the species by scientific name, and common name or names, if any.

(2) In accordance with sections 4 through 6 of this act, the commission and the department shall review every five years those species listed as endangered, threatened, or sensitive to determine whether there is any change in the status of any species on the list. Review of species shall, to the maximum extent practicable, be conducted in conjunction with the five-year review process of the United States department of the interior.

(3) Any interested person may petition the commission or department to add, remove, or change the status of a species on the list, except with respect to those species determined to be endangered or threatened under the federal endangered species act. Such petition shall clearly indicate the action sought, and include scientific information about the biological status of the species and the immediacy of the threat, if any, posed to the species. The commission and department shall adopt rules and criteria necessary to implement this process.

(4) Notwithstanding this section and sections 4 and 5 of this act, if the commission or department determines that an emergency situation exists that poses a significant threat to the continued existence of a species, the commission or department shall add such species to the list of endangered or threatened species by emergency rule. Adoption of such emergency rule shall follow the procedures prescribed in chapter 34.04 RCW.

NEW SECTION. Sec. 9. The commission and the department may, by rule, treat any species as an endangered or threatened species even though it is not listed pursuant to section 8 of this act if it finds that:

(1) The unlisted species so closely resembles an endangered or threatened species that enforcement personnel would have substantial difficulty differentiating between the listed and unlisted species; and

(2) Allowing the taking of the unlisted species could lead to commercial exploitation of the listed species.

NEW SECTION. Sec. 10. In carrying out the purposes and requirements of this chapter, the commission and the department may enter into agreements with federal agencies, Indian tribes, other states, agencies, or political subdivisions of this state, or with individuals or private organizations for the administration and management of any process established under this chapter or used for the protection of listed species.

NEW SECTION. Sec. 11. (1) The commission and the department may acquire any interest in land for the purpose of protecting the habitat of an endangered or threatened species. Priority shall be given to acquisitions necessary to ensure the survival or recovery of a listed species. On the behalf of the state, the commission or department may acquire land or aquatic habitat, or interests therein, by gift, devise, purchase, exchange, lease, transfer or purchase of development rights, or any other method of acquiring real property or any right therein. The commission or department may acquire a fee simple interest in an area, or any one or more lesser estates, interests and rights therein, including: (a) A leasehold estate; (b) a covenant; (c) a license; (d) an easement appurtenant or in gross and granting the state specified rights of use or denying the grantor specified rights of use or both; or (e) any other contractual right. Such acquisition shall only occur with the consent of a willing landowner.

(2) The commission and the department may adopt rules to implement the habitat acquisition program. The rules shall provide priorities, guidelines, and programs for such acquisition of lands and interests in land. The rules shall also provide incentive programs for habitat protection and shall provide adequate notice to landowners of their options under this section.

NEW SECTION. Sec. 12. (1) Before a state agency, county, or municipal or public corporation authorizes, funds, or carries out any action on private land that may impact a listed species, it shall:

(a) Ascertain within five working days, by consulting the natural heritage data base, whether the proposed action may affect a known location of any listed species or its habitat;

(b) Notify the commission or department if a known location of any listed species or its habitat may be affected by the proposed action and consult with the department or commission to determine whether the proposed action is likely to jeopardize the survival or recovery of the listed species or its habitat; and

(c) Include the information required under this section in the environmental impact analysis required under chapter 43.21C RCW.

(2) If the commission or department determines under subsection (1)(b) of this section that the proposed action on private land is likely to jeopardize the survival or recovery of a listed species or its habitat, it shall notify the agency, county, or municipal or public corporation. Concurrent with and not to exceed the time required by other environmental reviews, the agency, county, or municipal or public corporation shall develop reasonable and prudent alternatives to the proposed action that can be implemented without unreasonable economic burden to the landowner and are consistent with conserving the listed species. If the agency, county, or municipal or public corporation does not have the staff to develop such alternatives, the commission or department shall provide it with a management plan. The landowner is not required to implement the alternatives proposed by the agency under this section.

(3) To avoid duplication, an environmental impact analysis prepared under the federal endangered species act may be substituted for the process required under subsections (1) and (2) of this section.

(4) The commission and the department shall adopt rules to carry out the provisions and purposes of this section. Prior to the adoption of such rules, the commission and department shall establish a task force consisting of members of private landowner groups, local governments, and citizen groups concerned with the protection of native plants and wildlife. The task force shall assess: (a) Effective ways to coordinate state and local actions under section 12 of this act; (b) the fiscal implications of such coordination; and (c) methods and incentives to maximize voluntary protection of sensitive, threatened, and endangered species on private land.

NEW SECTION. Sec. 13. (1) Before a state agency authorizes, funds, or carries out any action on public land, the state agency shall consult with the commission or department to determine whether the proposed action may affect a known location of a listed species or its habitat and, if so, whether the proposed action is likely to jeopardize the survival or recovery of a listed species or its habitat.

(2) If the commission or department determines that the proposed action on public land is likely to jeopardize the survival or recovery of a listed species or its habitat, it shall notify the state agency. Within ninety days of such notice, the state agency shall develop reasonable and prudent alternatives to the proposed action that are consistent with the relevant mandates of the particular state agency and with conserving the listed species. Nothing in this chapter modifies the department's obligation to manage state trust lands in the best interest of the beneficiaries of granted trust lands.

(3) If the state agency fails to develop a reasonable and prudent alternative to the proposed action that is acceptable to the commission or department, the commission or department may propose an alternative. The state agency shall implement the alternative proposed by the commission or department unless the agency can demonstrate that: (a) The potential public benefit of its proposed action outweighs the potential harm from failure to adopt the commission or department proposal; and (b) reasonable mitigation and enhancement measures shall be taken, to the extent practicable, to minimize the adverse impact of the action on the listed species. Failure by the state agency to implement the alternative proposed by the commission or department may be appealed by the commission or department to the superior court of Thurston county.

(4) The commission and the department shall establish, by rule, an informal dispute resolution process and a formal appeals process regarding the designation of alternatives under this section.

NEW SECTION. Sec. 14. Except as provided in section 15 of this act, it is unlawful for any person to:

(1) Take, possess, process, sell, or offer for sale in this state, interstate, or foreign commerce, or ship by any means, any endangered or threatened species or products thereof; or

(2) Violate any rule pertaining to any threatened or endangered species or their habitats.

Notwithstanding the exemptions contained in section 15 of this act, no threatened or endangered species may be sold or offered for sale in this state, interstate, or foreign commerce, unless the sale or offer is incidental to the sale of a merchantable agriculture crop.

NEW SECTION. Sec. 15. The following actions are exempt from the prohibitions of section 14 of this act:

(1) Any action conducted for scientific purposes that will enhance the propagation or survival of a listed species, if such act is approved under a permit issued by the commission or department. The commission and the department shall adopt rules establishing permit criteria and procedures. The commission or department shall revoke any permit issued under this subsection if it finds that the permittee is not complying with the terms and conditions of the permit.

(2) Any action conducted pursuant to a waiver granted by the commission or department. The commission or department may grant waivers if:

(a) An individual demonstrates that compliance with the provisions of this chapter creates an unusual and unfair burden; and

(b) A waiver will not significantly increase the danger of extinction for any species.

(3) Any action authorized pursuant to an exemption or permit provided for by the federal endangered species act or in any rule implementing that act that is conducted with the written consent of the landowner.

(4) Any action conducted in accordance with the terms of any permit issued under the endangered species laws of another state that is conducted with the written consent of the landowner.

(5) Any action taken with respect to plants when the action is incidental to:

(a) The possession or sale of the real property upon which an endangered or threatened plant is growing; or

(b) The production or harvest of a merchantable agricultural crop or grazing by domestic livestock.

(6) Any action resulting from the implementation of an authorized land use permit issued in conjunction with the consultations required under section 12 or 13 of this act when such action results in incidental harm to a listed species.

NEW SECTION. Sec. 16. Any person who violates the provisions of this chapter or any rules adopted under it is guilty of a gross misdemeanor under RCW 9A.20.020. The commission of a prohibited act with respect to each plant or animal shall constitute a separate violation. Each subsequent violation within a five-year period shall be prosecuted and punished as a class C felony under RCW 9A.20.020.

NEW SECTION. Sec. 17. The commission or department or any state or local law enforcement agency, including any natural resource police officer, sheriff, state, county, or municipal police officer, may enforce this chapter and any rule adopted under it. The enforcement officer may confiscate plants or animals or parts thereof when unlawfully taken, transported, possessed, sold, or otherwise handled in violation of this chapter.

NEW SECTION. Sec. 18. Nothing in this chapter is intended to require an owner of any private land, including private commercial forest land, to take action to protect a threatened, endangered, or sensitive species, or to impose additional requirements or restrictions on the use of private lands, except though voluntary and cooperative actions.

Sec. 19. Section 77.08.010, chapter 36, Laws of 1955 as last amended by section 11, chapter 506, Laws of 1987 and RCW 77.08.010 are each amended to read as follows:

As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:

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

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

(3) "Commission" means the state wildlife commission.

(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 and rules adopted pursuant to this title, 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, 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 places 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 places or waters other than those established as an open season.

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

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

(14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

(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 the commission that shall not be hunted or fished.

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

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

((~~(22)~~)) (21) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

((~~(23)~~)) (22) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

((~~(24)~~)) (23) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

((~~(25)~~)) (24) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

((~~(26)~~)) (25) "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. 20. Section 2, chapter 243, Laws of 1985 as amended by section 12, chapter 506, Laws of 1987 and RCW 77.08.045 are each amended to read as follows:

As used in this title or rules adopted pursuant to this title:

(1) "Migratory waterfowl" means members of the family Anatidae, including brants, ducks, geese, and swans;

(2) "Migratory waterfowl stamp" means the stamp that is required by RCW 77.32.350 to be in the possession of persons over sixteen years of age to hunt migratory waterfowl;

(3) "Prints and artwork" means replicas of the original stamp design that are sold to the general public. Prints and artwork are not to be construed to be the migratory waterfowl stamp that is required by RCW 77.32.350, nor the endangered species stamp that is authorized by section 25 of this 1988 act. Artwork may be any facsimile of the original stamp design, including color renditions, metal duplications, or any other kind of design; ((~~and~~))

(4) "Migratory waterfowl art committee" means the committee created by RCW 77.12.680. The committee's primary function is to select the annual migratory waterfowl stamp design;

(5) "Endangered species stamp" means the stamp that is authorized under section 25 of this 1988 act to be sold to the public for the purpose of funding protection of endangered, threatened, or sensitive plant and animal species of Washington state; and

(6) "Endangered species art committee" means the committee created by section 26 of this 1988 act. The committee's primary function is to select the annual endangered species stamp design.

Sec. 21. Section 77.12.020, chapter 36, Laws of 1955 as last amended by section 13, chapter 506, Laws of 1987 and RCW 77.12.020 are each amended to read as follows:

(1) The director 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) The director may recommend to the commission that a species of wildlife should not be hunted or fished. The commission may designate species of wildlife as protected.

(6) ((If the director determines that a species of wildlife is seriously threatened with extinction in the state of Washington, the director may request its designation as an endangered species. The commission may designate an endangered species.

~~(7)~~)) If the director determines that a species of the animal kingdom, not native to Washington, is dangerous to the environment or wildlife of the state, the director may request its designation as deleterious exotic wildlife. The commission may designate deleterious exotic wildlife.

Sec. 22. Section 77.16.040, chapter 36, Laws of 1955 as last amended by section 60, chapter 506, Laws of 1987 and RCW 77.16.040 are each amended to read as follows:

Except as authorized by law or rule, it is unlawful to bring into this state, offer for sale, sell, possess, exchange, buy, transport, or ship wildlife ((~~or articles made from an endangered species~~)). It is unlawful for a common or contract carrier knowingly to ship or receive for shipment wildlife ((~~or articles made from an endangered species~~)).

Sec. 23. Section 77.16.120, chapter 36, Laws of 1955 as amended by section 81, chapter 78, Laws of 1980 and RCW 77.16.120 are each amended to read as follows:

Except as authorized by rule of the commission, it is unlawful to hunt, fish for, possess, or control protected wildlife, or ((~~endangered species or~~)) to destroy or possess the nests or eggs of game birds or protected wildlife.

Sec. 24. Section 77.16.240, chapter 36, Laws of 1955 as last amended by section 2, chapter 372, Laws of 1987, by section 19, chapter 380, Laws of 1987, and by section 69, chapter 506, Laws of 1987 and RCW 77.21.010 are each reenacted and amended to read as follows:

(1) A person violating RCW 77.16.040, 77.16.050, 77.16.060, 77.16.080, 77.16.210, 77.16.220, 77.16.310, 77.16.320, or 77.32.211, or committing a violation of RCW 77.16.020 or 77.16.120 involving 77.16.210, 77.16.220, 77.16.310, 77.16.320, or 77.32.211, or committing a violation of RCW 77.16.020 or 77.16.120 involving big game ((~~or an endangered species~~)) is guilty of a gross misdemeanor and shall be punished by a fine of not less than two hundred fifty dollars and not more than one thousand dollars or by imprisonment in the county jail for not less than thirty days and not more than one year or by both the fine and imprisonment. Each subsequent violation within a five-year period of RCW 77.16.040, 77.16.050, or 77.16.060, or of RCW 77.16.020 or 77.16.120 involving big game ((~~or an endangered species~~)), as defined by the commission under the authority of RCW 77.04.090, shall be prosecuted and punished as a class C felony as defined in RCW 9A.20.020. In connection with each such felony prosecution, the director shall provide the court with an inventory of all articles or devices seized under this title in connection with the violation. Inventoried articles or devices shall be disposed of pursuant to RCW 77.21.040.

(2) A person violating or failing to comply with this title or rules adopted pursuant to this title for which no penalty is otherwise provided is guilty of a misdemeanor and shall be punished for each offense by a fine of five hundred dollars or by imprisonment for not more than ninety days in the county jail or by both the fine and imprisonment. The commission may provide, when not inconsistent with applicable statutes, that violation of a specific rule is an infraction under chapter 7.84 RCW.

(3) A person placing traps on private property without permission of the owner, lessee, or tenant where the land is improved and apparently used, or where the land is fenced or enclosed in a manner designed to exclude intruders or to indicate a property boundary line, or where notice is given by posting in a conspicuous manner, is guilty of the misdemeanor of trespass as defined and established in RCW 9A.52.010 and 9A.52.080 and shall be punished for each offense by a fine of not less than two hundred fifty dollars.

(4) Persons convicted of a violation shall pay the costs of prosecution and the penalty assessment in addition to the fine or imprisonment.

(5) The unlawful killing, taking, or possession of each wildlife member constitutes a separate offense.

(6) District courts have jurisdiction concurrent with the superior courts of misdemeanors and gross misdemeanors committed in violation of this title or rules adopted pursuant to this title and may impose the punishment provided for these offenses. Superior courts have jurisdiction over felonies committed in violation of this title.

NEW SECTION. Sec. 25. An endangered species stamp shall be produced by the department of wildlife using the design as provided by the endangered species art committee established under section 26 of this act.

All revenue derived from the sale of the stamps by the department shall be deposited in the state wildlife fund and shall be used only for the cost of printing and production of the stamp and for those endangered species projects specified by the directors of the departments of wildlife and natural resources for the acquisition and development of endangered and threatened plant and animal species' habitat in the state and for the enhancement, protection, and propagation of endangered, threatened, and sensitive plant and animal species in the state. Acquisition shall include but not be limited to the acceptance of gifts of real estate or any interest therein or the rental, lease, or purchase of real estate or any interest therein.

The department of wildlife may produce endangered species stamps in any given year in excess of those necessary for sale in that year. The excess stamps may be sold to the endangered species art committee for sale to the public.

NEW SECTION. Sec. 26. (1) There is created the endangered species art committee which shall be composed of nine members.

(2) (a) The committee shall consist of two members appointed by the governor, three members appointed by the director of wildlife, three members appointed by the director of natural resources, and one member appointed by the chair of the state arts commission.

(b) The member appointed by the chair of the state arts commission shall be knowledgeable in the area of fine art reproduction.

(c) The members appointed by the governor and the directors of the departments of wildlife and natural resources shall be knowledgeable about endangered, threatened, and sensitive animal and plant species. The six members appointed by the directors of the departments of wildlife and natural resources shall represent:

(i) An eastern Washington conservation group;

(ii) A western Washington conservation group;

(iii) A group with a major interest in the conservation and propagation of endangered, threatened, and sensitive animal and plant species;

(iv) A state-wide wildlife organization;

(v) A state-wide native plant organization; and

(vi) The general public.

The members of the committee shall serve three-year staggered terms and at the expiration of their terms shall serve until qualified successors are appointed. Of the nine members, three shall serve initial terms of four years, three shall serve initial terms of three years, and three shall serve initial terms of two years. The appointees of the governor and the chair of the state arts commission shall serve the initial terms of four years. Vacancies shall be filled for unexpired terms consistent with this section. A chair shall be elected annually by the committee. The committee shall review the expenditures of the previous year of both the stamp money and the prints and related artwork money by the directors of the departments of wildlife and natural resources. Members of the committee shall serve without compensation.

NEW SECTION. Sec. 27. The endangered species art committee is responsible for the selection of the annual endangered species stamp design and shall provide the design to the department of wildlife. If the committee does not perform this duty within the time frame necessary to achieve proper and timely distribution of the stamps to license dealers, the directors of the departments of wildlife and natural resources shall initiate the art work selection for that year. The committee shall create collector art prints and related artwork, using the same design as provided to the department. The administration, sale, distribution, and other matters relating to the prints and sales of stamps with prints and related artwork shall be the responsibility of the endangered species art committee.

The total moneys brought in from the sale of prints and related artwork shall be deposited in the state wildlife fund. The costs of producing and marketing of prints and related artwork, including administrative expenses mutually agreed upon by the committee and the director of the department of wildlife, shall be paid from the total moneys brought in from sales of those same items. Net funds derived from the sale of prints and related artwork shall be subject to legislative appropriation, and shall be used by the directors of the departments of wildlife and natural resources for the protection and enhancement of endangered, threatened, and sensitive animal and plant species.

The endangered species art committee shall have an annual audit of its finances conducted by the state auditor and shall furnish a copy of the audit to the commission and department of natural resources and to the appropriate environmental standing committees of the legislature.

NEW SECTION. Sec. 28. Sections 1 through 18 of this act shall constitute a new chapter in Title 77 RCW.

NEW SECTION. Sec. 29. Sections 25 through 27 of this act shall each be added to chapter 77.12 RCW.

NEW SECTION. Sec. 30. The sum of one hundred fifty-three thousand five hundred dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1989, from the general fund to the department of natural resources for the purposes of this act.

NEW SECTION. Sec. 31. The sum of one hundred twenty-five thousand nine hundred dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1989, from the general fund to the department of wildlife for the purposes of this act.

NEW SECTION. Sec. 32. 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.