AN ACT Relating to fish and shellfish; amending RCW 15.85.010, 15.85.020, 15.85.030, 15.85.050, 15.85.060, 75.58.010, 75.58.020, 15.65.020, 15.66.010, 43.23.030, 46.16.090, 75.08.080, 75.28.010, 77.08.020, 77.12.570, 77.12.590, 77.12.600, and 77.32.010; reenacting and amending RCW 75.28.300; adding a new section to chapter 75.58 RCW; creating new sections; and recodifying RCW 15.85.020 and 15.85.060.

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

Sec. 1. Section 1, chapter 457, Laws of 1985 and RCW 15.85.010 are each amended to read as follows:

The legislature declares that aquatic farming provides a consistent source of quality food, offers opportunities of new jobs, increased farm income stability, and improves balance of trade.

The legislature finds that many areas of the state of Washington are scientifically and biologically suitable for aquaculture development, and therefore the legislature encourages promotion of aquacultural activities, programs, and development with the same status as other agricultural activities, programs, and development within the state.

The legislature finds that aquaculture should be considered a branch of the agricultural industry of the state for purposes of any laws that apply to or provide for the advancement, benefit, or protection of the agriculture industry within the state.

((The legislature further finds that in order to ensure the maximum yield and quality of cultured aquatic products, the department of fisheries should provide diagnostic services that are workable and proven remedies to aquaculture disease problems.))

It is therefore the policy of this state to encourage the development and expansion of aquaculture within the state. ((It is also the policy of this state to protect wildstock fisheries by providing an effective disease inspection and control program and prohibiting the release of salmon or steelhead trout by the private sector into the public waters of the state and the subsequent recapture of such species as in the practice commonly known as ocean ranching.))

Sec. 2. Section 2, chapter 457, Laws of 1985 and RCW 15.85.020 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Aquaculture" means the process of growing, farming, or cultivating private sector cultured aquatic products in marine or freshwaters and includes management by an aquatic farmer.

(2) "Aquatic farmer" is a private sector person who commercially farms and manages the cultivating of private sector cultured aquatic products on the person's own land or on land in which the person has a present right of possession.

(3) "Private sector cultured aquatic products" are native, nonnative, or hybrids of marine or freshwater plants and animals that are propagated, farmed, or cultivated on aquatic farms under the supervision and management of a private sector aquatic farmer or that are naturally set on aquatic farms which at the time of setting are under the active supervision and management of a private sector aquatic farmer. When produced under such supervision and management, private sector cultured aquatic products include, but are not limited to, the following plants and animals:

@h0!tp1,1@56Scientific Name !tl@56Common Name

@h2!l !dsxx!ix!tr!ss1!ir*,1!ir3,2!ih2,3

!ae0!ed!dsyy

!ae0!ix!tl!ss1!il*,1 !ih2,2!ed !gsxxEnteromorpha!gsyygreen nori

!gsxxMonostroma!gsyyawo-nori

!gsxxUlva!gsyysea lettuce

!gsxxLaminaria!gsyykonbu

!gsxxNereocystis!gsyybull kelp

!gsxxPorphyra!gsyynori

!gsxxIridaea!gsyy

!gsxxHaliotis!gsyyabalone

!gsxxZhlamys!gsyypink scallop

!gsxxHinnites!gsyyrock scallop

!gsxxTatinopecten!gsyyJapanese or weathervane scallop

!gsxxProtothaca!gsyynative littleneck clam

!gsxxTapes!gsyymanila clam

!gsxxSaxidomus!gsyybutter clam

!gsxxMytilus!gsyymussels

!gsxxCrassostrea!gsyyPacific oysters

!gsxxOstrea!gsyyOlympia and European oysters

!gsxxPacifasticus!gsyycrayfish

!gsxxMacrobrachium!gsyyfreshwater prawn

!gsxxSalmo and Salvelinus!gsyytrout, char, and Atlantic salmon

!gsxxOncorhynchus !gsyysalmon

!gsxxIctalurus!gsyycatfish

!gsxxCyprinus!gsyycarp

!gsxxAcipenseridae!gsyysturgeon

!te!ix

@h3!dsxx!ed!dsyy!ed

(4) "Department" means the department of ((~~agriculture~~)) fisheries.

(5) "Director" means the director of ((~~agriculture~~)) fisheries.

Sec. 3. Section 3, chapter 457, Laws of 1985 and RCW 15.85.030 are each amended to read as follows:

The department of agriculture is the principal state agency for providing state marketing support services for the private sector aquaculture industry.

Sec. 4. Section 4, chapter 457, Laws of 1985 and RCW 15.85.050 are each amended to read as follows:

The department of agriculture shall exercise its authorities, including those provided by chapters 15.64, 15.65, 15.66, and 43.23 RCW, to develop a program for assisting the state's aquaculture industry to market and promote the use of its products. The department ((~~shall~~)) may appoint and consult with ((~~the~~)) an advisory council in developing such a program.

Sec. 5. Section 5, chapter 457, Laws of 1985 and RCW 15.85.060 are each amended to read as follows:

The director shall, after consulting with the appropriate agencies, establish identification requirements for private sector cultured aquatic products to the extent that identifying the source and quantity of the products is necessary to permit the ((~~departments of fisheries and game to administer and enforce Titles 75 and 77 RCW effectively~~)) effective administration and enforcement of this title and Title 77 RCW. The rules shall apply only to those private sector cultured aquatic products the transportation, sale, processing, or other possession of which would otherwise be required to be licensed under this title ((75)) or Title 77 RCW if they were not cultivated by aquatic farmers. The rules shall apply to the transportation or possession of such products on land other than aquatic lands and may require that they be: (1) Placed in labeled containers or accompanied by bills of lading or sale or similar documents identifying the name and address of the producer of the products and the quantity of the products governed by the documents; or (2) both labeled and accompanied by such documents.

((The director shall consult with the directors of the departments of fisheries and game to ensure that such rules enable the departments of fisheries and game to enforce the programs administered under those titles.)) If rules adopted under chapter 69.30 RCW satisfy the identification required under this section for shellfish, the director shall not establish different shellfish identification requirements under this section.

Sec. 6. Section 8, chapter 457, Laws of 1985 and RCW 75.58.010 are each amended to read as follows:

(1) The director of agriculture and the director of fisheries shall jointly develop((~~, in consultation with the aquaculture advisory council,~~)) a program of disease inspection and control for aquatic farmers as defined in RCW 15.85.020 as recodified by this 1987 act. The program shall be administered by the department of fisheries under rules established under this ((~~section~~)) chapter. The purpose of the program is to protect the aquaculture industry and wildstock fisheries from a loss of productivity due to aquatic diseases or maladies. As used in this section "diseases" means, in addition to its ordinary meaning, infestations of parasites or pests. The disease program may include, but is not limited to, the following elements:

(a) Disease diagnosis;

(b) Import and transfer requirements;

(d) Classification of diseases by severity;

(e) Provision for treatment of selected high-risk diseases;

(f) Provision for containment and eradication of high-risk diseases;

(g) Provision for destruction of diseased cultured aquatic products;

(h) Provision for quarantine of diseased cultured aquatic products;

(i) Provision for coordination with state and federal agencies;

(j) Provision for development of preventative or control measures;

(k) Provision for cooperative consultation service to aquatic farmers; and

(l) Provision for disease history records.

(2) ((The director of fisheries shall adopt rules implementing this section. However, such rules shall have the prior approval of the director of agriculture and shall provide therein that the director of agriculture has provided such approval. The director of agriculture or the director's designee shall attend the rule-making hearings conducted under chapter 34.04 RCW and shall assist in conducting those hearings. The authorities granted the department of fisheries by these rules and by RCW 75.08.080(1)(g), 75.24.080, 75.24.110, 75.28.125, 75.58.020, 75.58.030, and 75.58.040 constitute the only authorities of the department of fisheries to regulate private sector cultured aquatic products and aquatic farmers as defined in RCW 15.85.020. Except as provided in subsection (3) of this section, no action may be taken against any person to enforce these rules unless the department has first provided the person an opportunity for a hearing. In such a case, if the hearing is requested, no enforcement action may be taken before the conclusion of that hearing.

~~(3) The~~)) Rules adopted ((~~under~~)) for this section shall specify the emergency enforcement actions that may be taken by the department ((~~of fisheries~~)), and the circumstances under which they may be taken, without first providing the affected party with an opportunity for a hearing. ((~~Neither~~)) The provisions of this subsection ((~~nor the provisions of subsection (2) of this section~~)) shall not preclude the department ((~~of fisheries~~)) from requesting the initiation of criminal proceedings for violations of the disease inspection and control rules.

((~~(4) It is unlawful for any person to violate the rules adopted under subsection (2) or (3) of this section or to violate RCW 75.58.040.~~

~~(5)~~)) (3) In administering the program established under this section, the department ((~~of fisheries~~)) shall use the services of a pathologist licensed to practice veterinary medicine.

((~~(6)~~)) (4) The director in administering the program shall not place undue constraints on or take enforcement actions in respect to the aquaculture industry that ((~~are more rigorous than~~)) greatly exceed those reasonably placed on the ((~~department of fisheries, the department of game, or~~)) other fish-rearing entities.

NEW SECTION. Sec. 7. A new section is added to chapter 75.58 RCW to read as follows:

The department shall adopt rules under chapter 34.04 RCW to carry out its duties under this chapter.

Sec. 8. Section 9, chapter 457, Laws of 1985 and RCW 75.58.020 are each amended to read as follows:

The director((~~s of agriculture and fisheries~~)) shall ((~~jointly~~)) adopt by rule((~~, in the manner prescribed in RCW 75.58.010(2),~~)) a schedule of user fees for the disease inspection and control program established under RCW 75.58.010. The fees shall be established such that the program shall be entirely funded by revenues derived from the user fees ((~~by the beginning of the 1987-89 biennium~~)).

There is established in the state treasury an account known as the aquaculture disease control account which is subject to appropriation. Proceeds of fees charged under this section shall be deposited in the account. Moneys from the account shall be used solely for administering the disease inspection and control program established under RCW 75.58.010.

Sec. 9. Section 15, chapter 203, Laws of 1986 and RCW 15.65.020 are each amended to read as follows:

The following terms are hereby defined:

(1) "Director" means the director of agriculture of the state of Washington or his duly appointed representative. The phrase "director or his designee" means the director unless, in the provisions of any marketing agreement or order, he has designated an administrator, board or other designee to act for him in the matter designated, in which case "director or his designee" means for such order or agreement the administrator, board or other person(s) so designated and not the director.

(2) "Department" means the department of agriculture of the state of Washington.

(3) "Marketing order" means an order issued by the director pursuant to this chapter.

(4) "Marketing agreement" means an agreement entered into and issued by the director pursuant to this chapter.

(5) "Agricultural commodity" means any animal or any distinctive type of agricultural, horticultural, viticultural, floricultural, vegetable, or animal product, including, but not limited to, products qualifying as organic food products under chapter 15.86 RCW and private sector cultured aquatic products as defined in RCW 15.85.020 as recodified by this 1987 act and other fish and fish products, either in its natural or processed state, including bees and honey and Christmas trees but not including timber or timber products. The director is hereby authorized to determine (on the basis of common usage and practice) what kinds, types or sub-types should be classed together as an agricultural commodity for the purposes of this chapter.

(6) "Production area" and "marketing area" means any area defined as such in any marketing order or agreement in accordance with RCW 15.65.350. "Affected area" means the marketing or production area so defined in such order, agreement or proposal.

(7) "Unit" of an agricultural commodity means a unit of volume, weight, quantity, or other measure in which such commodity is commonly measured. The director shall designate in each marketing order and agreement the unit to be used therein.

(8) "Affected unit" means in the case of marketing agreements and orders drawn on the basis of a production area, any unit of the commodity specified in or covered by such agreement or order which is produced in such area and sold or marketed or delivered for sale or marketing; and "affected unit" means, in the case of marketing agreements and orders drawn on the basis of marketing area, any unit of the commodity specified in or covered by such agreement or order which is stored in frozen condition or sold or marketed or delivered for sale or marketing within such marketing area: PROVIDED, That in the case of marketing agreements "affected unit" shall include only those units which are produced by producers or handled by handlers who have assented to such agreement.

(9) "Affected commodity" means that part or portion of any agricultural commodity which is covered by or forms the subject matter of any marketing agreement or order or proposal, and includes all affected units thereof as herein defined and no others.

(10) "Producer" means any person engaged in the business of producing any agricultural commodity for market in commercial quantities. "Affected producer" means any producer of an affected commodity. "To produce" means to act as a producer. For the purposes of RCW 15.65.140 and 15.65.160 as now or hereafter amended "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further production or increase.

(11) "Handler" means any person who acts, either as principal, agent or otherwise, in processing, selling, marketing or distributing an agricultural commodity or storage of a frozen agricultural commodity which was not produced by him. "Handler" does not mean a common carrier used to transport an agricultural commodity. "Affected handler" means any handler of an affected commodity. "To handle" means to act as a handler.

(12) "Producer-handler" means any person who acts both as a producer and as a handler with respect to any agricultural commodity. A producer-handler shall be deemed to be a producer with respect to the agricultural commodities which he produces, and a handler with respect to the agricultural commodities which he handles, including those produced by himself.

(13) "Cooperative association" means any incorporated or unincorporated association of producers which conforms to the qualifications set out in the act of congress of the United States of February 18, 1922 as amended, known as the "Capper-Volstead Act" and which is engaged in making collective sales or in marketing any agricultural commodity or product thereof or in rendering service for or advancing the interests of the producers of such commodity on a nonprofit cooperative basis.

(14) "Member of a cooperative association" means any producer who markets his product through such cooperative association and who is a voting stockholder of or has a vote in the control of or is a party to a marketing agreement with such cooperative association with respect to such product.

(15) "Producer marketing" or "marketed by producers" means any or all operations performed by any producer or cooperative association of producers in preparing for market and marketing, and shall include: (a) selling any agricultural commodity produced by such producer(s) to any handler; (b) delivering any such commodity or otherwise disposing of it for commercial purposes to or through any handler.

(16) "Commercial quantities" as applied to producers and/or production means such quantities per year (or other period of time) of an agricultural commodity as the director finds are not less than the minimum which a prudent man engaged in agricultural production would produce for the purpose of making such quantity of such commodity a substantial contribution to the economic operation of the farm on which such commodity is produced. "Commercial quantities" as applied to handlers and/or handling means such quantities per year (or other period of time) of an agricultural commodity or product thereof as the director finds are not less than the minimum which a prudent man engaged in such handling would handle for the purpose of making such quantity a substantial contribution to the handling operation in which such commodity or product thereof is so handled. In either case the director may in his discretion: (a) determine that substantial quantity is any amount above zero; and (b) apply the quantity so determined on a uniform rule applicable alike to all persons which he finds to be similarly situated.

(17) "Commodity board" means any board established pursuant to RCW 15.65.220. "Board" means any such commodity board unless a different board is expressly specified.

(18) "Sell" includes offer for sale, expose for sale, have in possession for sale, exchange, barter or trade.

(19) "Section" means a section of this chapter unless some other statute is specifically mentioned. The present includes the past and future tenses, and the past or future the present. The masculine gender includes the feminine and neuter. The singular number includes the plural and the plural includes the singular.

(20) "Represented in a referendum" means that a written document evidencing approval or assent or disapproval or dissent is duly and timely filed with or mailed to the director by or on behalf of an affected producer and/or a volume of production of an affected commodity in a form which the director finds meets the requirements of this chapter.

(21) "Person" as used in this chapter shall mean any person, firm, association or corporation.

Sec. 10. Section 15.66.010, chapter 11, Laws of 1961 as last amended by section 16, chapter 203, Laws of 1986 and RCW 15.66.010 are each amended to read as follows:

For the purposes of this chapter:

(1) "Director" means the director of agriculture of the state of Washington or any qualified person or persons designated by the director of agriculture to act for him concerning some matter under this chapter.

(2) "Department" means the department of agriculture of the state of Washington.

(3) "Marketing order" means an order issued by the director pursuant to this chapter.

(4) "Agricultural commodity" means any animal or any distinctive type of agricultural, horticultural, viticultural, vegetable, and/or animal product, including, but not limited to, products qualifying as organic food products under chapter 15.86 RCW and private sector cultured aquatic products as defined in RCW 15.85.020 as recodified by this 1987 act and other fish and fish products, within its natural or processed state, including bees and honey and Christmas trees but not including timber or timber products. The director is authorized to determine what kinds, types or subtypes should be classed together as an agricultural commodity for the purposes of this chapter.

(5) "Producer" means any person engaged in the business of producing or causing to be produced for market in commercial quantities any agricultural commodity. For the purposes of RCW 15.66.060, 15.66.090, and 15.66.120, as now or hereafter amended "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further production or increase.

(6) "Affected producer" means any producer of an affected commodity.

(7) "Affected commodity" means any agricultural commodity for which the director has established a list of producers pursuant to RCW 15.66.060.

(8) "Commodity commission" or "commission" means a commission formed to carry out the purposes of this chapter under a particular marketing order concerning an affected commodity.

(9) "Unit" means a unit of volume, quantity or other measure in which an agricultural commodity is commonly measured.

(10) "Unfair trade practice" means any practice which is unlawful or prohibited under the laws of the state of Washington including but not limited to Titles 15, 16 and 69 RCW and chapters 9.16, 19.77, 19.80, 19.84, and 19.83 RCW, or any practice, whether concerning interstate or intrastate commerce that is unlawful under the provisions of the act of Congress of the United States, September 26, 1914, chapter 311, section 5, 38 U.S. Statutes at Large 719 as amended, known as the "Federal Trade Commission Act of 1914", or the violation of or failure accurately to label as to grades and standards in accordance with any lawfully established grades or standards or labels.

(11) "Person" includes any individual, firm, corporation, trust, association, partnership, society, or any other organization of individuals.

(12) "Cooperative association" means any incorporated or unincorporated association of producers which conforms to the qualifications set out in the act of Congress of the United States, Feb. 18, 1922, chapter 57, sections 1 and 2, 42 U.S. Statutes at Large 388 as amended, known as the "Capper-Volstead Act" and which is engaged in making collective sales or in marketing any agricultural commodity or product thereof or in rendering service for or advancing the interests of the producers of such commodity on a nonprofit cooperative basis.

(13) "Member of a cooperative association" or "member" means any producer of an agricultural commodity who markets his product through such cooperative association and who is a voting stockholder of or has a vote in the control of or is under a marketing agreement with such cooperative association with respect to such product.

Sec. 11. Section 43.23.030, chapter 8, Laws of 1965 as last amended by section 15, chapter 457, Laws of 1985 and RCW 43.23.030 are each amended to read as follows:

The director of agriculture shall exercise all the powers and perform all the duties relating to the development of markets, for agricultural products, state and federal cooperative marketing programs, land utilization for agricultural purposes, water resources, transportation, and farm labor as such matters relate to the production, distribution and sale of agricultural commodities including private sector cultured aquatic products as defined in RCW 15.85.020 as recodified by this 1987 act.

Sec. 12. Section 10, chapter 18, Laws of 1986 and RCW 46.16.090 are each amended to read as follows:

Motor trucks, truck tractors, and tractors may be specially licensed based on the declared gross weight thereof for the various amounts set forth in the schedule provided in RCW 46.16.070 less twenty-two dollars; divide the difference by two and add twenty-two dollars, when such vehicles are owned and operated by farmers, but only if the following condition or conditions exist:

(1) When such vehicles are to be used for the transportation of the farmer's own farm, orchard, or dairy products, or the farmer's own private sector cultured aquatic products as defined in RCW 15.85.020 as recodified by this 1987 act, from point of production to market or warehouse, and of supplies to be used on the farmer's farm. Fish other than those that are such private sector cultured aquatic products and forestry products are not considered as farm products; and/or

(2) When such vehicles are to be used for the infrequent or seasonal transportation by one farmer for another farmer in the farmer's neighborhood of products of the farm, orchard, dairy, or aquatic farm owned by the other farmer from point of production to market or warehouse, or supplies to be used on the other farm, but only if transportation for another farmer is for compensation other than money. Farmers shall be permitted an allowance of an additional eight thousand pounds, within the legal limits, on such vehicles, when used in the transportation of the farmer's own farm machinery between the farmer's own farm or farms and for a distance of not more than thirty-five miles from the farmer's farm or farms.

The department shall prepare a special form of application to be used by farmers applying for licenses under this section, which form shall contain a statement to the effect that the vehicle concerned will be used subject to the limitations of this section. The department shall prepare special insignia which shall be placed upon all such vehicles to indicate that the vehicle is specially licensed, or may, in its discretion, substitute a special license plate for such vehicle for such designation.

Operation of such a specially licensed vehicle in transportation upon public highways in violation of the limitations of this section is a traffic infraction.

Sec. 13. Section 75.08.080, chapter 12, Laws of 1955 as last amended by section 17, chapter 457, Laws of 1985 and RCW 75.08.080 are each amended to read as follows:

(1) The director may adopt, amend, or repeal rules as follows:

(a) Specifying the times when the taking of food fish or shellfish is lawful or unlawful.

(b) Specifying the areas and waters in which the taking and possession of food fish or shellfish is lawful or unlawful.

(c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take food fish or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed.

(d) Regulating the possession, disposal, landing, and sale of food fish or shellfish within the state, whether acquired within or without the state.

(e) Regulating the prevention and suppression of diseases and pests affecting food fish or shellfish.

(f) Regulating the size, sex, species, and quantities of food fish or shellfish that may be taken, possessed, sold, or disposed of.

(g) Specifying the statistical and biological reports required from fishermen, dealers, boathouses, or processors of food fish or shellfish.

(h) Classifying species of marine and freshwater life as food fish or shellfish.

(i) Classifying the species of food fish and shellfish that may be used for purposes other than human consumption.

(j) Other rules necessary to carry out this title and the purposes and duties of the department.

(2) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to private tideland owners and lessees of state tidelands, when they take or possess oysters, clams, cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use.

(3) Except for subsection (1)(g) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020 as recodified by this 1987 act. Subsection (1)(g) of this section does apply to such products.

Sec. 14. Section 75.28.010, chapter 12, Laws of 1955 as last amended by section 18, chapter 457, Laws of 1985 and RCW 75.28.010 are each amended to read as follows:

(1) Except as otherwise provided by this title, a license or permit issued by the director is required to:

(a) Commercially fish for or take food fish or shellfish;

(b) Deliver food fish or shellfish taken in offshore waters;

(d) Engage in processing or wholesaling food fish or shellfish.

(2) It is unlawful to engage in the activities described in subsection (1) of this section without having in possession the licenses or permits required by this title.

(3) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 as recodified by this 1987 act or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060 as recodified by this 1987 act, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

Sec. 15. Section 75.28.300,chapter 12, Laws of 1955 as last amended by section 1, chapter 248, Laws of 1985 and by section 20, chapter 457, Laws of 1985 and RCW 75.28.300 are each reenacted and amended to read as follows:

A wholesale fish dealer's license is required for:

(1) A business in the state to engage in the commercial processing of food fish or shellfish, including custom canning or processing of personal use food fish or shellfish.

(2) A business in the state to engage in the wholesale selling, buying, or brokering of food fish or shellfish. A wholesale fish dealer's license is not required of those businesses which buy exclusively from Washington licensed wholesale dealers and sell solely at retail.

(3) Fishermen who land and sell their catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state.

(4) A business to engage in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish.

(5) A business employing a fish buyer as defined under RCW 75.28.340.

The annual license fee is thirty-seven dollars and fifty cents. A wholesale fish dealer's license is not required for persons engaged in the processing, wholesale selling, buying, or brokering of private sector cultured aquatic products as defined in RCW 15.85.020 as recodified by this 1987 act. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060 as recodified by this 1987 act, the exemption from licensing requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

Sec. 16. Section 77.08.020, chapter 36, Laws of 1955 as last amended by section 21, chapter 457, Laws of 1985 and RCW 77.08.020 are each amended to read as follows:

(1) As used in this title or rules of the commission, "game fish" means those species of the class Osteichthyes that shall not be fished for except as authorized by rule of the commission and includes:

@h0!tp1,1@56Scientific Name !tl@56Common Name

@h2!l !dsxx!ix!tr!ss1!ir*,1!ir3,2!ih2,3

!ae0!ed!dsyy

!ae0!ix!tl!ss1!il*,1!ih2,2!ed !gsxxAmbloplites rupestris!gsyyrock bass

!gsxxCoregonus clupeaformis!gsyylake white fish

!gsxxIctalurus furcatus!gsyyblue catfish

!gsxxIctalurus melas!gsyyblack bullhead

!gsxxIctalurus natalis!gsyyyellow bullhead

!gsxxIctalurus nebulosus!gsyybrown bullhead

!gsxxIctalurus punctatus!gsyychannel catfish

!gsxxLepomis cyanellus!gsyygreen sunfish

!gsxxLepomis gibbosus!gsyypumpkinseed

!gsxxLepomis gulosus!gsyywarmouth

!gsxxLepomis macrochirus!gsyybluegill

!gsxxLota lota!gsyyburbot or fresh water ling

!gsxxMicropterus dolomieui!gsyysmallmouth bass

!gsxxMicropterus salmoides!gsyylargemouth bass

!gsxxOncorhynchus nerka (in its!gsyykokanee or silver trout

!gsxx!sc ,002landlocked form)

!gsxxPerca flavescens!gsyyyellow perch

!gsxxPomixis annularis!gsyywhite crappie

!gsxxPomixis nigromaculatus!gsyyblack crappie

!gsxxProsopium williamsoni!gsyymountain white fish

!gsxxSalmo aquabonita!gsyygolden trout

!gsxxSalmo clarkii!gsyycutthroat trout

!gsxxSalmo gairdnerii!gsyyrainbow or steelhead trout

!gsxxSalmo salar!gsyyAtlantic salmon

!gsxxSalmo trutta!gsyybrown trout

!gsxxSalvelinus fontinalis!gsyyeastern brook trout

!gsxxSalvelinus malma!gsyyDolly Varden trout

!gsxxSalvelinus namaycush!gsyylake trout

!gsxxStizostedion vitreum!gsyyWalleye

!gsxxThymallus articus!gsyyarctic grayling

!te!ix

@h3!dsxx!ed!dsyy!ed

(2) Private sector cultured aquatic products as defined in RCW 15.85.020 as recodified by this 1987 act are not game fish.

Sec. 17. Section 77.28.020, chapter 36, Laws of 1955 as last amended by section 22, chapter 457, Laws of 1985 and RCW 77.12.570 are each amended to read as follows:

The commission shall adopt rules specifying the procedures, qualifications, and conditions for issuing a game farm license and governing the operation of game farms. Private sector cultured aquatic products as defined in RCW 15.85.020 as recodified by this 1987 act are exempt from regulation under this section.

Sec. 18. Section 77.28.080, chapter 36, Laws of 1955 as last amended by section 23, chapter 457, Laws of 1985 and RCW 77.12.590 are each amended to read as follows:

Wildlife given away, sold, or transferred by a licensed game farmer shall have attached to each wildlife member, package, or container, a tag, seal, or invoice as required by the commission. Private sector cultured aquatic products as defined in RCW 15.85.020 as recodified by this 1987 act are exempt from regulation under this section.

Sec. 19. Section 77.28.090, chapter 36, Laws of 1955 as last amended by section 24, chapter 457, Laws of 1985 and RCW 77.12.600 are each amended to read as follows:

A common carrier may transport wildlife shipped by a licensed game farmer if the wildlife is tagged, sealed, or invoiced as provided in RCW 77.12.590. Packages containing wildlife shall have affixed to them tags or labels showing the name of the licensee and the consignee. For purposes of this section, wildlife does not include private sector cultured aquatic products as defined in RCW 15.85.020 as recodified by this 1987 act. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060 as recodified by this 1987 act, this exemption from the definition of wildlife applies only if the aquatic products are identified in conformance with those rules.

Sec. 20. Section 77.32.010, chapter 36, Laws of 1955 as last amended by section 25, chapter 457, Laws of 1985 and RCW 77.32.010 are each amended to read as follows:

(1) Except as otherwise provided in this chapter, a license issued by the commission is required to:

(a) Hunt for wild animals or wild birds or fish for game fish;

(b) Practice taxidermy for profit;

(d) Act as a fishing guide;

(e) Operate a game farm;

(f) Purchase or sell anadromous game fish; or

(g) Use department-managed lands or facilities as provided by rule of the commission.

(2) A permit issued by the director is required to:

(a) Conduct, hold, or sponsor hunting or fishing contests or competitive field trials using live wildlife;

(b) Collect wild animals, wild birds, game fish, or protected wildlife for research or display; or

(3) Aquaculture as defined in RCW 15.85.020 as recodified by this 1987 act is exempt from the requirements of this section, except when being stocked in public waters under contract with the department of game.

NEW SECTION. Sec. 21. RCW 15.85.020 and 15.85.060 as amended by this act, are each recodified in chapter 75.58 RCW.

NEW SECTION. Sec. 22. All powers, duties, and functions of the department of agriculture involving aquaculture except those relating to marketing aquaculture products are transferred to the department of fisheries.

NEW SECTION. Sec. 23. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of agriculture pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of fisheries. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of agriculture in carrying out the powers, functions, and duties transferred shall be made available to the department of fisheries. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of fisheries.

Any appropriations made to the department of agriculture for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of fisheries.

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, 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. 24. All employees of the department of agriculture engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of fisheries. All such employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of fisheries 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. 25. All rules and all pending business before the department of agriculture pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of fisheries. All existing contracts and obligations shall remain in full force and shall be performed by the department of fisheries.

NEW SECTION. Sec. 26. The transfer of the powers, duties, functions, and personnel of the department of agriculture shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 27. If apportionments of budgeted funds are required because of the transfers directed by sections 23 through 26 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. 28. Nothing contained in sections 22 through 27 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.