AN ACT Relating to the transfer of all responsibilities for the management of fish resources from the department of game to the department of fisheries; amending RCW 75.08.011, 75.08.012, 75.08.045, 75.08.055, 75.08.065, 75.08.080, 75.08.230, 75.08.255, 75.08.274, 75.08.285, 75.08.295, 75.10.020, 75.10.030, 75.10.050, 75.10.090, 75.10.110, 75.10.150, 75.12.020, 75.12.031, 75.12.070, 75.12.090, 75.12.100, 75.12.120, 75.12.125, 75.12.320, 75.12.420, 75.12.430, 75.20.050, 75.20.100, 75.20.103, 75.20.106, 75.20.110, 75.20.130, 75.20.300, 75.25.110, 75.25.130, 75.25.140, 75.25.150, 75.25.160, 77.08.010, 77.12.010, 77.12.020, 77.12.040, 77.12.100, 77.12.150, 77.12.170, 77.12.203, 77.12.490, 77.12.530, 77.12.570, 77.12.580, 77.12.590, 77.12.600, 77.12.620, 77.16.010, 77.16.020, 77.16.090, 77.16.120, 77.16.190, 77.16.610, 77.32.010, 77.32.101, 77.32.211, 77.32.220, 77.32.230, 77.32.360, 77.32.380, and 82.27.070; reenacting and amending RCW 75.08.020; adding new sections to chapter 75.08 RCW; adding new sections to chapter 75.12 RCW; adding a new section to chapter 75.20 RCW; adding new sections to chapter 75.25 RCW; creating new sections; repealing RCW 77.04.100, 77.08.020, 77.12.330, 77.12.420, 77.12.425, 77.12.440, 77.16.060, 77.16.160, 77.16.210, 77.32.161, and 77.32.235; declaring an emergency; and providing an effective date.

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

@bcIntent@ec

NEW SECTION. Sec. 1. The sports and commercial fish resources of the state of Washington represent one of the state's largest and most significant assets. The fish resources contribute millions of dollars to the state's economy annually. Residents of other states and nations travel to this state to enjoy the unique opportunity to fish in the waters of this state. Many families have a long tradition of taking regular outings for the purpose of fishing in our state.

The legislature finds that the preservation, protection, and perpetuation of Washington's fish resources will be enhanced by placing the management of all fish resources under one agency. By making one agency responsible for the management of fish resources, consolidated resource management will be possible, consistent management policies can be established, and conflict resolution processes can be streamlined.

Steelhead trout play a special role in Washington's fisheries. Steelhead trout fishing is, and shall remain, commercialized only to the extent that treaty fishermen exercise rights reserved by federal statute, treaty, or executive order.

To assist in rebuilding the wild steelhead stocks, the legislature intends that the department of fisheries shall continue programs initiated by the department of game until June 30, 1992.

To protect public interests and provide a mechanism for public input, the legislature is providing for a food fish advisory commission and a game fish advisory commission. These commissions are intended to help protect the fish resources of this state for all interested persons and future generations.

@bcPart 1

Transfer@ec

NEW SECTION. Sec. 101. All powers, duties, and functions of the department of game pertaining to game fish or any other type of fish are transferred to the department of fisheries.

NEW SECTION. Sec. 102. Consistent with the recommendations of the transition team under section 108 of this act:

(1) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of game 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 game in carrying out the powers, functions, and duties transferred shall be made available to the department of fisheries. All real property and attachments thereto including fish hatcheries shall be transferred 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.

(2) Any appropriations made to the department of game 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.

(3) 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. 103. All employees of the department of game 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. 104. All rules and all pending business before the department of game 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. 105. The transfer of the powers, duties, functions, and personnel of the department of game shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 106. If apportionments of budgeted funds are required because of the transfers directed by sections 102 through 105 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. 107. Nothing contained in sections 101 through 106 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.

NEW SECTION. Sec. 108. To assist in transferring responsibility for game fish from the department of game to the department of fisheries, the directors of fisheries, game, and the office of financial management shall select a transition team of five individuals. The team shall consist of representatives of each agency and two other individuals mutually agreed upon by the three agencies. The transition team is responsible for assisting in determining the allocation of equipment and personnel between the departments of fisheries and game, interim licensing procedures, and other areas mutually agreed upon.

@bcPart 2

Administration@ec

Sec. 201. Section 74.04.010, chapter 12, Laws of 1955 as last amended by section 4, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.011 are each amended to read as follows:

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

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

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

(3) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations.

(4) "Fisheries patrol officer" means a person appointed and commissioned by the director, with authority to enforce this title, rules of the director, and other statutes as prescribed by the legislature. Fisheries patrol officers are peace officers.

(5) "Ex officio fisheries patrol officer" 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 fisheries patrol officer" also includes wildlife agents, special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

(6) "To fish" and "to take" and their derivatives mean an effort to kill, injure, harass, or catch food fish ((or)), shellfish, or game fish.

(7) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

(8) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

(9) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

(10) "Resident" means a person who has for the preceding ninety days maintained a permanent abode within the state, has established by formal evidence an intent to continue residing within the state, and is not licensed to fish as a resident in another state.

(11) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

(12) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that shall not be fished for except as authorized by rule of the director. The term "food fish" includes all stages of development and the bodily parts of food fish species.

(13) "Fish" means a game fish or food fish.

(14) "Shellfish" means those species of marine and freshwater invertebrates that shall not be taken except as authorized by rule of the director. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

((~~(14)~~)) (15) "Salmon" means species of the genus Oncorhynchus and includes:

!tp1,1,1 !tcScientific Name!tc!sc ,001Common Name

!trOncorhynchus tshawytscha!tlChinook salmon

!trOncorhynchus kisutch!tlCoho salmon

!trOncorhynchus keta!tlChum salmon

!trOncorhynchus gorbuscha!tlPink salmon

!trOncorhynchus nerka!tlSockeye salmon

((~~(15)~~)) (16) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.

((~~(16)~~)) (17) "To process" and its derivatives mean preparing or preserving food fish or shellfish.

((~~(17)~~)) (18) "Personal use" means for the private use of the individual taking the food fish, steelhead, or shellfish and not for sale or barter.

((~~(18)~~)) (19) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel to which are attached no more than two single hooks or one artificial bait with no more than four multiple hooks.

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

(21) "Game fish" means those species of the class Osteichthyes that shall not be fished for except as authorized by rule of the department 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

Sec. 202. Section 3, chapter 112, Laws of 1949 as last amended by section 5, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.012 are each amended to read as follows:

DUTIES OF THE DEPARTMENT. (1) The department shall preserve, protect, perpetuate and manage the ((~~food~~)) fish and shellfish in state waters and offshore waters.

(2) The department shall conserve the ((~~food~~)) fish and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to both maintain the economic well-being and stability of the commercial fishing industry in the state and protect and preserve recreational fishing opportunities. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state, placing equal importance on both game fish and food fish.

(3) In carrying out duties, the director shall consult with the food fish advisory commission and the game fish advisory commission, as applicable. The director shall make all information and records of the department available to the commissions.

(4) The director shall not adopt rules permitting the commercial harvest of steelhead except to allow fishing by Indian fishermen lawfully exercising rights reserved by federal statute, treaty, or executive order.

(5) The director shall not adopt rules that categorically prohibit game fishing with bait or artificial lures in streams, rivers, beaver ponds, and lakes except that the director may adopt rules restricting game 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 game fisheries resource or to provide selected game fishing alternatives. The department shall attempt to maximize the public recreational game fishing opportunities of all citizens, particularly juvenile, handicapped, and senior citizens.

(6) Funds for management of game fish shall be allocated at a level no less than either: (a) The average historical levels as measured in real dollars for fiscal years 1984, 1985, 1986, and 1987; or (b) the average revenue from licenses and punchcards sold in 1984, 1985, 1986, and 1987 to support the program, which ever sum is greater.

Sec. 203. Section 75.08.020, chapter 12, Laws of 1955 as last amended by section 1, chapter 93, Laws of 1985 and by section 1, chapter 208, Laws of 1985 and RCW 75.08.020 are each reenacted and amended to read as follows:

DIRECTOR‑-RESEARCH‑-ANNUAL REPORTS TO GOVERNOR AND LEGISLATURE‑-PROPOSALS TO REINSTATE SALMON AND STEELHEAD IN TILTON AND COWLITZ RIVERS. (1) The director shall investigate the habits, supply, and recreational and economic use of ((~~food~~)) fish and shellfish in state and offshore waters.

(2) The director shall make an annual report to the governor on the operation of the department and the statistics of the recreational and commercial fishing industry.

(3) The director shall provide a comprehensive annual report of all departmental operations to the legislature on or before October 30 of each year to reflect the previous fiscal year. The format of the report shall be similar to reports issued by the department from 1964-1970 and the report shall include, but not be limited to, descriptions of all department activities including: Revenues generated, program costs, capital expenditures, personnel, special projects, new and ongoing research, environmental controls, cooperative projects, intergovernmental agreements, and outlines of ongoing litigation, recent court decisions and orders on major issues with the potential for state liability. The report shall describe the status of the resource and its recreational, commercial, and tribal utilization. The report shall be given to the house and senate committees on ways and means and the house and senate committees on natural resources and shall be made available to the public.

(4) The director, in cooperation with ((~~the director of game and~~)) the dean of the college of fisheries at the University of Washington, shall develop proposals to reinstate the natural salmon and steelhead trout fish runs in the Tilton and upper Cowlitz rivers. The proposals shall include specific recommendations for legislation and estimates of the costs of replenishing the fish runs by 1991, but shall not include alternatives to replenishing the fish runs. ((~~Proposals under this subsection shall be submitted by the director and the director of game to the legislature no later than January 1986.~~))

(5) The department shall report on the costs during the 1987-89 biennium of providing free fishing licenses under sections 514 and 515 of this 1987 act and the costs of protecting the habitat under chapter 75.20 RCW and request that such costs be paid in ensuing bienniums from general fund revenues.

Sec. 204. Section 75.16.050, chapter 12, Laws of 1955 as amended by section 11, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.045 are each amended to read as follows:

ACCEPTANCE OF FUNDS OR PROPERTY FOR DAMAGE CLAIMS OR CONSERVATION OF FISH RESOURCES. The director may accept money or real property from persons under conditions requiring the use of the property or money for the protection, rehabilitation, preservation, or conservation of the state ((~~food~~)) fish and shellfish resources, or in settlement of claims for damages to ((~~food~~)) fish and shellfish resources. The director shall only accept real property useful for the protection, rehabilitation, preservation, or conservation of these fisheries resources.

Sec. 205. Section 75.16.060, chapter 12, Laws of 1955 as amended by section 12, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.055 are each amended to read as follows:

AGREEMENTS WITH UNITED STATES TO PROTECT COLUMBIA RIVER FISH‑-FISH CULTURAL STATIONS AND PROTECTIVE DEVICES. (1) The director ((~~and the state game commission~~)) may enter into agreements with and receive funds from the United States for the construction, maintenance, and operation of fish cultural stations, laboratories, and devices in the Columbia River basin for improvement of feeding and spawning conditions for fish, for the protection of migratory fish from irrigation projects and for facilitating free migration of fish over obstructions.

(2) The director ((~~and the state game commission~~)) may acquire by gift, purchase, lease, easement, or condemnation the use of lands where the construction or improvement is to be carried on by the United States.

Sec. 206. Section 75.16.070, chapter 12, Laws of 1955 as last amended by section 7, chapter 458, Laws of 1985 and RCW 75.08.065 are each amended to read as follows:

CONTRACTS AND AGREEMENTS FOR PROPAGATION OF FISH OR SHELLFISH. (1) The director may enter into contracts and agreements with a person to secure ((~~food~~)) fish or shellfish or for the construction, operation, and maintenance of facilities for the propagation of ((~~food~~)) fish or shellfish.

(2) The director may enter into contracts and agreements to procure from private aquaculturists ((~~food~~)) fish or shellfish with which to stock state waters.

Sec. 207. 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:

SCOPE OF DIRECTOR'S AUTHORITY TO ADOPT RULES. (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. Subsection (1)(g) of this section does apply to such products.

Sec. 208. Section 75.08.230, chapter 12, Laws of 1955 as last amended by section 332, chapter 258, Laws of 1984 and RCW 75.08.230 are each amended to read as follows:

DISPOSITION OF MONEYS COLLECTED‑-PROCEEDS FROM SALE OF FISH OR SHELLFISH‑-UNANTICIPATED RECEIPTS. (1) Except as provided in this section, state and county officers receiving the following moneys shall deposit them in the state general fund:

(a) The sale of licenses required under this title;

(b) The sale of property seized or confiscated under this title;

(d) The sale of real or personal property held for department purposes;

(e) Rentals or concessions of the department;

(f) Moneys received for damages to ((~~food~~)) fish, shellfish, or department property; and

(g) Gifts.

(2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.

(3) All fines and forfeitures collected or assessed by a ((~~justice~~)) district court for a violation of this title or rule of the director shall be remitted as provided in chapter 3.62 RCW.

(4) Proceeds from the sale of ((~~food~~)) fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.

(5) Proceeds from the sale of salmon and salmon eggs by the department, to the extent these proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for hatchery operations partially or wholly financed by sources other than state general revenues or for purposes of processing human consumable salmon for disposal.

(6) Moneys received by the director under RCW 75.08.045, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to ((~~food~~)) fish or shellfish, in which case the moneys may be expended for the conservation of these resources.

Sec. 209. Section 75.12.130, chapter 12, Laws of 1955 as last amended by section 1, chapter 28, Laws of 1985 and RCW 75.08.255 are each amended to read as follows:

DIRECTOR MAY TAKE OR SELL FISH OR SHELLFISH‑-RESTRICTIONS ON SALE OF SALMON. (1) The director may take or remove any species of fish or shellfish from the waters or beaches of the state.

(2) The director may sell ((~~food~~)) fish except steelhead or shellfish caught or taken during department test fishing operations. Salmon taken in test fishing operations shall only be sold during a season open to commercial fishing in the district in which the test fishing is conducted.

(3) The director shall not sell inedible salmon for human consumption. Salmon and carcasses may be given to state institutions or schools or to economically depressed people, unless the salmon are unfit for human consumption. Salmon not fit for human consumption may be sold by the director for animal food, fish food, or for industrial purposes.

(4) In the sale of surplus salmon from state hatcheries, the division of purchasing shall require that a portion of the surplus salmon be processed and returned to the state by the purchaser. The processed salmon shall be fit for human consumption and in a form suitable for distribution to individuals. The division of purchasing shall establish the required percentage at a level that does not discourage competitive bidding for the surplus salmon. The measure of the percentage is the combined value of all of the surplus salmon sold. The department of social and health services shall distribute the processed salmon to economically depressed individuals and state institutions pursuant to rules adopted by the department of social and health services.

Sec. 210. Section 75.16.010, chapter 12, Laws of 1955 as last amended by section 28, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.274 are each amended to read as follows:

TAKING FISH FOR PROPAGATION OR SCIENTIFIC PURPOSES‑-PERMIT REQUIRED. Except by permit of the director, it is unlawful to take ((~~food~~)) fish or shellfish for propagation or scientific purposes within state waters.

Sec. 211. Section 75.16.030, chapter 12, Laws of 1955 as amended by section 29, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.285 are each amended to read as follows:

PREVENTION AND SUPPRESSION OF DISEASES AND PESTS. The director may prohibit the introduction, transportation or transplanting of ((~~food~~)) fish, shellfish, organisms, material, or other equipment which in the director's judgment may transmit any disease or pests affecting ((~~food~~)) fish or shellfish.

Sec. 212. Section 75.16.020, chapter 12, Laws of 1955 as amended by section 30, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.295 are each amended to read as follows:

PLANTING FISH OR SHELLFISH‑-PERMIT REQUIRED. Except by permit of the director, it is unlawful to release, plant, or place ((~~food~~)) fish or shellfish in state waters.

NEW SECTION. Sec. 213. A new section is added to chapter 75.08 RCW to read as follows:

GAME FISH ADVISORY COMMISSION. (1) The game fish advisory commission is created. The commission shall consist of six voters of the state. The governor shall appoint the members representative of the various game fishing interests. All members shall serve terms of six years. The terms of the initial members shall be staggered. 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 game fish and shall not hold another state, county, or municipal elective or appointive office.

(3) The commission shall hold regular meetings in January, April, July, and October of each year at various locations throughout the state, and special meetings when called by the chairperson or by four members. Four members constitute a quorum for the transaction of business.

(4) The commission at a meeting in each odd-numbered year shall elect one of its members as chairperson who shall serve for a term of two years or until a successor is elected and qualified.

(5) Members of the commission shall serve without compensation. Members shall be reimbursed by the department of fisheries for their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060.

(6) The commission shall advise the department on matters involving game fish in this state. The commission shall seek suggestions from the public. The director shall submit in writing to each member of the commission all rules involving game fish, other than for procedural matters, proposed for adoption under chapter 34.04 RCW. Unless, within thirty days of such notification, five of the members of the commission notify the director in writing of their disapproval of such proposed rules and their reasons for the disapproval, the rules shall be adopted by the director under chapter 34.04 RCW. The commission shall not have authority to disapprove of rules pertaining to the commercial harvest of steelhead trout by tribal fishermen. Nothing in this chapter shall prohibit the director from adopting rules on an emergency basis.

(7) The commission shall have access to all records and documents of the department.

(8) By June 30, 1992, the legislative budget committee shall conduct a review of the game fish advisory commission and make recommendations about its continuation or termination.

NEW SECTION. Sec. 214. A new section is added to chapter 75.08 RCW to read as follows:

FOOD FISH ADVISORY COMMISSION. (1) To aid and advise the department in the performance of its functions with regard to food fish, the food fish advisory commission is created. The advisory commission consists of six members appointed by the governor. The governor shall appoint the members as follows: Two shall represent non-Indian commercial fishermen, two shall represent sports fishermen with one residing east of the Cascades and one residing west of the Cascades, and two shall represent treaty Indian fishermen. Of the treaty Indian fishermen, one shall be selected from a list provided by the Washington state tribal coordinating body and one shall be selected from a list provided by the Columbia river tribal coordinating body defined in 16 U.S.C. Sec. 3302 (5) and (18).

(2) All members appointed by the governor shall serve terms of six years. The terms of the initial members shall be staggered. Vacancies shall be filled in the same manner as original appointments.

(3) The commission shall hold regular meetings in January, April, July, and October of each year, and special meetings when called by the chairperson or by four members. Four members constitute a quorum for the transaction of business.

(4) The commission at a meeting in each odd-numbered year shall elect one of its members as chairperson who shall serve for a term of two years or until a successor is elected and qualified.

(5) Members of the commission shall serve without compensation. Members shall be reimbursed for their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060.

(6) The commission shall provide advice to the department on matters relating to policies involving food fish with special emphasis on matters involving salmon and sturgeon. The commission shall seek information from the public and report to the director.

(7) The commission shall have access to all records and documents of the department.

NEW SECTION. Sec. 215. A new section is added to chapter 75.08 RCW to read as follows:

EXCLUSIVE FISHING WATERS FOR YOUTH. The director may establish by rule exclusive fishing waters for minors of specified ages.

NEW SECTION. Sec. 216. A new section is added to chapter 75.08 RCW to read as follows:

FISH RESTORATION AND MANAGEMENT PROJECTS‑-FEDERAL ACT. The state assents to the act of congress entitled: "An Act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes," (64 Stat. 430; 16 U.S.C. Sec. 777). The department of fisheries shall establish, conduct, and maintain fish restoration and management projects, as defined in the act, and shall comply with the act and related regulations adopted by the secretary of the interior.

NEW SECTION. Sec. 217. A new section is added to chapter 75.08 RCW to read as follows:

SNAKE RIVER BOUNDARY‑-COOPERATION WITH IDAHO FOR ADOPTION AND ENFORCEMENT OF RULES REGARDING FISH. The department may cooperate with the Idaho fish and game commission in the adoption and enforcement of rules regarding fish on that portion of the Snake river forming the boundary between Washington and Idaho.

NEW SECTION. Sec. 218. A new section is added to chapter 75.08 RCW to read as follows:

SNAKE RIVER BOUNDARY‑-CONCURRENT JURISDICTION OF IDAHO AND WASHINGTON COURTS AND LAW ENFORCEMENT OFFICERS. To enforce sections 219 and 220 of this act, courts in the counties contiguous to the boundary waters, fisheries patrol officers, and ex officio fisheries patrol officers have jurisdiction over the boundary waters to the furthermost shoreline. This jurisdiction is concurrent with the courts and law enforcement officers of Idaho.

NEW SECTION. Sec. 219. A new section is added to chapter 75.08 RCW to read as follows:

SNAKE RIVER BOUNDARY‑-HONORING LICENSES TO TAKE FISH OF EITHER STATE. The taking of fish from the boundary waters or islands of the Snake river shall be in accordance with the fish laws of the respective states. Fisheries patrol officers and ex officio fisheries patrol officers shall honor the license of either state and the right of the holder to take fish from the boundary waters and islands in accordance with the laws of the state issuing the license.

NEW SECTION. Sec. 220. A new section is added to chapter 75.08 RCW to read as follows:

SNAKE RIVER BOUNDARY‑-PURPOSE‑-RESTRICTIONS. The purpose of this section and sections 217 through 220 of this act is to avoid the conflict, confusion, and difficulty of locating the state boundary in or on the boundary waters and islands of the Snake river. These sections do not allow the holder of a Washington license to fish on the shoreline, sloughs, or tributaries on the Idaho side, nor allow the holder of an Idaho license to fish on the shoreline, sloughs, or tributaries on the Washington side.

NEW SECTION. Sec. 221. A new section is added to chapter 75.08 RCW to read as follows:

FISHING CONTESTS‑-RULES‑-LIMITATIONS. The department shall adopt rules governing the time, place, and manner of holding fishing contests. The department shall prohibit contests that are not in the best interests of fish.

NEW SECTION. Sec. 222. A new section is added to chapter 75.08 RCW to read as follows:

GAME FISH FARMS‑-AUTHORITY TO DISPOSE OF EGGS. A licensed game fish farmer may purchase, sell, give away, or dispose of the eggs of game fish lawfully possessed as provided by rule of the department.

@bcPart 3

Enforcement‑-Penalties‑-Unlawful acts@ec

Sec. 301. Section 75.08.170, chapter 12, Laws of 1955 as amended by section 33, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.020 are each amended to read as follows:

INSPECTION, SEARCHES, AND ARREST WITHOUT WARRANT. (1) Fisheries patrol officers may inspect and search without warrant a person, boat, fishing equipment, vehicle, conveyance, container, or property used in catching, processing, storing, or marketing ((~~food~~)) fish or shellfish which they have reason to believe contain evidence of violations of this title or rules of the director. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile.

(2) Fisheries patrol officers and ex officio fisheries patrol officers may arrest without warrant a person they have reason to believe is in violation of this title or rules of the director.

Sec. 302. Section 75.36.010, chapter 12, Laws of 1955 as amended by section 34, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.030 are each amended to read as follows:

SEIZURE OF PROPERTY WITHOUT WARRANT‑-DEPOSIT OF CASH BOND IN LIEU. Fisheries patrol officers and ex officio fisheries patrol officers may seize without warrant ((~~food~~)) fish or shellfish they have reason to believe have been taken, killed, transported, or possessed in violation of this title or rule of the director and may seize without warrant a boat, vehicle, gear, appliance, or other article they have reason to believe is held with intent to violate or has been used in violation of this title or rule of the director. The articles seized shall be subject to forfeiture to the state, regardless of ownership. Articles seized may be recovered by their owner by depositing into court a cash bond equal to the value of the seized articles but not more than five thousand dollars. The cash bond is subject to forfeiture to the state in lieu of the seized article.

Sec. 303. Section 75.08.280, chapter 12, Laws of 1955 as amended by section 36, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.050 are each amended to read as follows:

VENUE FOR VIOLATIONS OCCURRING IN OFFSHORE WATERS. Violations of this title or rules of the director occurring in the offshore waters may be prosecuted in a county bordering on the Pacific Ocean, or a county in which the ((~~food~~)) fish or shellfish are landed.

Sec. 304. Section 75.08.180, chapter 12, Laws of 1955 as amended by section 40, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.090 are each amended to read as follows:

AUTHORITY TO ISSUE SEARCH WARRANTS. Upon complaint showing probable cause to believe that ((~~food~~)) fish or shellfish unlawfully caught, taken, killed, controlled, possessed, or transported is concealed or kept in a place or container, the court shall issue a search warrant and have the place or container searched for ((~~food~~)) fish or shellfish and records pertaining to the ((~~food~~)) fish or shellfish.

Sec. 305. Section 75.08.260, chapter 12, Laws of 1955 as last amended by section 42, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.110 are each amended to read as follows:

GENERAL PENALTIES FOR VIOLATIONS‑-PENALTIES FOR VIOLATION OF SALMON LAWS AND RULES. (1) Unless otherwise provided for in this title, a person who violates this title or rules of the director or who aids or abets in the violation is guilty of a gross misdemeanor, and upon a conviction thereof shall be punished by imprisonment in the county jail of the county in which the offense is committed for not less than thirty days or more than one year, or by a fine of not less than twenty-five dollars or more than one thousand dollars, or by both such fine and imprisonment. ((~~Food~~)) Fish or shellfish involved in the violation shall be forfeited to the state. The court may forfeit seized articles involved in the violation.

(2) A person taking or possessing salmon or steelhead trout in violation of this title or rules of the director shall be punished by a fine in an amount not more than five thousand dollars if the salmon or steelhead trout involved in the violation have a market value greater than two hundred fifty dollars. This fine is in addition to the punishment resulting under subsection (1) of this section.

Sec. 306. Section 5, chapter 248, Laws of 1985 and RCW 75.10.150 are each amended to read as follows:

WHOLESALE FISH DEALERS‑-ACCOUNTING OF COMMERCIAL HARVEST‑-PENALTIES. Since violation of the rules of the director relating to the accounting of the commercial harvest of ((~~food~~)) fish and shellfish result in damage to the resources of the state, liability for damage to ((~~food~~)) fish and shellfish resources is imposed on a wholesale fish dealer for violation of a provision in chapter 75.28 RCW or a rule of the director related to the accounting of the commercial harvest of ((~~food~~)) fish and shellfish and shall be for the actual damages or for damages imposed as follows:

(1) For violation of rules requiring the timely presentation to the department of documents relating to the accounting of commercial harvest, fifty dollars for each of the first fifteen documents in a series and ten dollars for each subsequent document in the same series. If documents relating to the accounting of commercial harvest of ((~~food~~)) fish and shellfish are lost or destroyed and the wholesale dealer notifies the department in writing within seven days of the loss or destruction, the director shall waive the requirement for timely presentation of the documents.

(2) For violation of rules requiring accurate and legible information relating to species, value, harvest area, or amount of harvest, twenty-five dollars for each of the first five violations of this subsection following July 28, 1985, and fifty dollars for each violation after the first five violations.

(3) For violations of rules requiring certain signatures, fifty dollars for each of the first two violations and one hundred dollars for each subsequent violation. For the purposes of this subsection, each signature is a separate requirement.

(4) For other violations of rules relating to the accounting of the commercial harvest, fifty dollars for each separate violation.

Sec. 307. Section 75.12.020, chapter 12, Laws of 1955 as amended by section 49, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.020 are each amended to read as follows:

FISHING NEAR DAMS OR OBSTRUCTIONS. It is unlawful to fish for or take ((~~food~~)) fish at a rack, dam, or other obstruction or in the waters and on the beaches within one mile below a rack, dam, or other obstruction except as provided by rule of the director.

Sec. 308. Section 75.20.070, chapter 12, Laws of 1955 as amended by section 51, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.031 are each amended to read as follows:

UNLAWFUL TO FISH IN OR INTERFERE WITH FISHWAYS OR PROTECTIVE DEVICES. It is unlawful to fish for ((~~food~~)) fish in a fishway, fish guard, or other protective device, or to break open, damage, or interfere with the proper operation of a fishway, fish guard, other protective device or fish collection device.

Sec. 309. Section 75.12.070, chapter 12, Laws of 1955 as amended by section 53, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.070 are each amended to read as follows:

MOLESTING FISH OR SHELLFISH UNLAWFUL‑-PERMIT REQUIRED FOR USE OF EXPLOSIVES. (1) Except as provided by rule of the director, it is unlawful to shoot, gaff, snag, snare, spear, stone, or otherwise molest ((~~food~~)) fish or shellfish in state waters.

(2) It is unlawful to use or discharge an explosive substance in state waters, except by permit of the director.

Sec. 310. Section 75.12.090, chapter 12, Laws of 1955 as last amended by section 54, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.090 are each amended to read as follows:

THEFT OF FISH, SHELLFISH, OR FISHING GEAR. (1) It is unlawful to take ((~~food~~)) fish or shellfish from a building, vehicle, vessel, container, or fishing gear thereby depriving the rightful owner of the ((~~food~~)) fish or shellfish.

(2) It is unlawful to steal or molest gear used to take ((~~food~~)) fish or shellfish for either commercial purposes or personal use.

Sec. 311. Section 75.12.100, chapter 12, Laws of 1955 as amended by section 55, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.100 are each amended to read as follows:

PURCHASE OR POSSESSION OF FISH OR SHELLFISH TAKEN UNLAWFULLY. It is unlawful to purchase, handle, deal in, sell, or possess ((~~food~~)) fish or shellfish contrary to this title or the rules of the director.

Sec. 312. Section 75.12.120, chapter 12, Laws of 1955 as last amended by section 7, chapter 51, Laws of 1985 and RCW 75.12.120 are each amended to read as follows:

WASTE OF FISH OR SHELLFISH UNLAWFUL‑-EXCEPTION‑-TIMELY PROCESSING REQUIRED. It is unlawful to waste or destroy ((~~food~~)) fish or shellfish wantonly, except for disposals authorized by RCW 69.30.110.

A processor shall not purchase or engage a quantity of ((~~food~~)) fish or shellfish that cannot be processed within sixty hours after the ((~~food~~)) fish or shellfish are taken from the water, unless the ((~~food~~)) fish or shellfish are preserved in good marketable condition.

Sec. 313. Section 58, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.125 are each amended to read as follows:

COMMINGLING OF COMMERCIAL AND PERSONAL USE FISH OR SHELLFISH UNLAWFUL. It is unlawful to commingle ((~~food~~)) fish or shellfish taken for personal use with ((~~food~~)) fish or shellfish taken for commercial purposes prior to or during canning or processing. The words "personal use only, not for sale" shall be embossed in a legible manner on the lid or cover of each container used in canning or preserving ((~~food~~)) fish or shellfish taken for personal use.

Sec. 314. Section 1, chapter 197, Laws of 1982 as amended by section 63, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.320 are each amended to read as follows:

PARTICIPATION OF NON-INDIANS IN INDIAN FISHERY FORBIDDEN‑-EXCEPTIONS, DEFINITIONS, PENALTY. (1) Except as provided in subsection (2) of this section, it is unlawful for a person who is not a treaty Indian fisherman to participate in the taking of ((~~food~~)) fish or shellfish in a treaty Indian fishery, or to be on board a vessel, or associated equipment, operating in a treaty Indian fishery.

(2) (a) The spouse, forebears, siblings, children, and grandchildren of a treaty Indian fisherman may assist the fisherman in exercising treaty Indian fishing rights when the treaty Indian fisherman is present at the fishing site.

(b) Other treaty Indian fishermen with off-reservation treaty fishing rights in the same usual and accustomed places, whether or not the fishermen are members of the same tribe or another treaty tribe, may assist a treaty Indian fisherman in exercising treaty Indian fishing rights when the treaty Indian fisherman is present at the fishing site.

(3) For the purposes of this section:

(a) "Treaty Indian fisherman" means a person who may exercise treaty Indian fishing rights as determined under United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), or Sohappy v. Smith, 302 F. Supp. 899 (D. Oregon 1969), and post-trial orders of those courts;

(b) "Treaty Indian fishery" means a fishery open to only treaty Indian fishermen by tribal or federal regulation;

(c) "To participate" and its derivatives mean an effort to operate a vessel or fishing equipment, provide immediate supervision in the operation of a vessel or fishing equipment, or otherwise assist in the fishing operation, or to claim possession of a share of the catch.

(4) A violation of this section involving salmon constitutes illegal fishing and is subject to the sanctions provided under RCW 75.10.130.

Sec. 315. Section 75.08.210, chapter 12, Laws of 1955 as amended by section 67, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.420 are each amended to read as follows:

FAILURE TO MAKE REQUIRED REPORTS AND RETURNS. It is unlawful for a fisherman, dealer, or processor of ((~~food~~)) fish or shellfish to fail to make a report or return as required by this title or rule of the director.

Sec. 316. Section 75.08.220, chapter 12, Laws of 1955 as amended by section 68, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.430 are each amended to read as follows:

FALSE OR MISLEADING INFORMATION. It is unlawful to give intentionally false or misleading information to the department as to the time, area, or waters in which ((~~food~~)) fish or shellfish were taken.

NEW SECTION. Sec. 317. A new section is added to chapter 75.12 RCW to read as follows:

CLOSED WATERS. It is unlawful to fish for game fish within closed waters.

NEW SECTION. Sec. 318. A new section is added to chapter 75.12 RCW to read as follows:

FISHING GUIDE. It is unlawful to act as a fishing guide without a license.

NEW SECTION. Sec. 319. A new section is added to chapter 75.12 RCW to read as follows:

STOCKING GAME FISH. It is unlawful to stock game fish without a license.

NEW SECTION. Sec. 320. A new section is added to chapter 75.12 RCW to read as follows:

TAKING OF PROTECTED FISH‑-DESTRUCTION OF EGGS. Except as provided by rule of the director, it is unlawful to fish for, possess, or control protected fish or endangered species of fish or to destroy or possess the eggs of such fish.

NEW SECTION. Sec. 321. A new section is added to chapter 75.12 RCW to read as follows:

COMMERCIAL HARVEST OF STEELHEAD PROHIBITED. It is unlawful to harvest steelhead commercially: PROVIDED, That this section shall not apply to Indian fishermen lawfully exercising fishing rights reserved by federal statute, treaty, or executive order.

@bcPart 4

Construction projects in state waters@ec

Sec. 401. Section 74.20.050, chapter 12, Laws of 1955 as last amended by section 7, chapter 173, Laws of 1986 and RCW 75.20.050 are each amended to read as follows:

REVIEW OF PERMIT APPLICATIONS TO DIVERT OR STORE WATER‑-WATER FLOW POLICY. It is the policy of this state that a flow of water sufficient to support ((~~game fish and food~~)) fish populations be maintained at all times in the streams of this state.

The director of ecology shall give the director of fisheries ((~~and the director of game~~)) notice of each application for a permit to divert or store water. The director of fisheries ((~~and director of game have~~)) has thirty days after receiving the notice to state ((~~their~~)) any objections to the application. The permit shall not be issued until the thirty-day period has elapsed.

The director of ecology may refuse to issue a permit if, in the opinion of the director of fisheries ((~~or director of game~~)), issuing the permit might result in lowering the flow of water in a stream below the flow necessary to adequately support ((~~food fish and game~~)) fish populations in the stream.

The provisions of this section shall in no way affect existing water rights.

Sec. 402. Section 75.20.100, chapter 12, Laws of 1955 as last amended by section 1, chapter 173, Laws of 1986 and RCW 75.20.100 are each amended to read as follows:

HYDRAULIC PROJECTS OR OTHER WORK‑-PLANS AND SPECIFICATIONS‑-APPROVAL‑-CRIMINAL PENALTY‑-EMERGENCIES. In the event that any person or government agency desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the written approval of the department of fisheries ((~~or the department of game~~)) as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld. The department of fisheries ((~~or the department of game~~)) shall grant or deny approval within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The applicant may document receipt of application by filing in person or by registered mail. A complete application for approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life. The forty-five day requirement shall be suspended if: (1) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (2) the site is physically inaccessible for inspection; or (3) the applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department of fisheries ((~~or the department of game~~)) shall notify the applicant in writing of the reasons for the delay. Approval is valid for a period of up to five years from date of issuance. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If ((~~either~~)) the department of fisheries ((~~or the department of game~~)) denies approval, ((~~that~~)) the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Chapter 34.04 RCW applies to any denial of project approval, conditional approval, or requirements for project modification upon which approval may be contingent. If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained written approval of the department of fisheries ((~~or the department of game~~)) as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such.

For the purposes of this section and RCW 75.20.103, "bed" shall mean the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.

The phrase "to construct any form of hydraulic project or perform other work" shall not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval.

((For each application, the department of fisheries and the department of game shall mutually agree on whether the department of fisheries or the department of game shall administer the provisions of this section, in order to avoid duplication of effort. The department designated to act shall cooperate with the other department in order to protect all species of fish life found at the project site. If the department of fisheries or the department of game receives an application concerning a site not in its jurisdiction, it shall transmit the application to the other department within three days and notify the applicant.))

In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department of fisheries ((~~or department of game~~)), through ((~~their~~)) the department's authorized representative((s)), shall issue immediately upon request oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval shall be reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately upon request, for a stream crossing during an emergency situation.

This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water codes. These irrigation or stock watering diversion projects shall be governed by RCW 75.20.103.

Sec. 403. Section 2, chapter 173, Laws of 1986 and RCW 75.20.103 are each amended to read as follows:

HYDRAULIC PROJECTS OR OTHER WORK FOR IRRIGATION OR STOCK WATERING‑-PLANS AND SPECIFICATIONS‑-APPROVAL‑-CRIMINAL PENALTY‑-EMERGENCIES. In the event that any person or government agency desires to construct any form of hydraulic project or other work that diverts water for agricultural irrigation or stock watering purposes and when the construction or other work will use, divert, obstruct, or change the natural flow or bed of any river or stream or will utilize any waters of the state or materials from the stream beds, the person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure a written approval from the department of fisheries ((~~or the department of game~~)) as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld. The department of fisheries ((~~or the department of game~~)) shall grant or deny the approval within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The applicant may document receipt of application by filing in person or by registered mail. A complete application for an approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within ordinary high water line, and complete plans and specifications for the proper protection of fish life. The forty-five day requirement shall be suspended if (1) after ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (2) the site is physically inaccessible for inspection; or (3) the applicant requests delay.

Immediately upon determination that the forty-five day period is suspended, the department of fisheries ((~~or the department of game~~)) shall notify the applicant in writing of the reasons for the delay.

An approval shall remain in effect without need for periodic renewal for projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work. The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the approval.

The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If ((~~either~~)) the department of fisheries ((~~or the department of game~~)) denies approval, ((~~that~~)) the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Issuance, denial, conditioning, or modification shall be appealable to the hydraulic appeals board established in RCW 43.21B.005 within thirty days of the notice of decision. The burden shall be upon the department of fisheries ((~~or the department of game~~)) to show that the denial or conditioning of an approval is solely aimed at the protection of fish life.

The department ((~~granting approval~~)) may, after consultation with the permittee, modify an approval due to changed conditions. The modifications shall become effective unless appealed to the hydraulic appeals board within thirty days from the notice of the proposed modification. The burden is on the department ((~~issuing the approval~~)) to show that changed conditions warrant the modification in order to protect fish life.

A permittee may request modification of an approval due to changed conditions. The request shall be processed within forty-five calendar days of receipt of the written request. A decision ((~~by the department that issued~~)) on the approval may be appealed to the hydraulic appeals board within thirty days of the notice of the decision. The burden is on the permittee to show that changed conditions warrant the requested modification and that such modification will not impair fish life.

If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained written approval of the department of fisheries((~~or the department of game~~)) as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such.

Sec. 404. Section 6, chapter 173, Laws of 1986 and RCW 75.20.106 are each amended to read as follows:

HYDRAULIC PROJECTS‑-CIVIL PENALTY. The department of fisheries ((~~and the department of game~~)) may ((~~each~~)) levy civil penalties of up to one hundred dollars per day for violation of any provisions of RCW 75.20.100 or 75.20.103. The penalty provided shall be imposed by notice in writing, either by certified mail or personal service to the person incurring the penalty, from the director ((~~of the appropriate department~~)) or ((~~that~~)) the director's designee describing the violation. Any person incurring any penalty under this chapter may appeal the same under chapter 34.04 RCW to the director ((~~of the department levying the penalty~~)). Appeals shall be filed within thirty days of receipt of notice imposing any penalty. The penalty imposed shall become due and payable thirty days after receipt of a notice imposing the penalty unless an appeal is filed. Whenever an appeal of any penalty incurred under this chapter is filed, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part.

If the amount of any penalty is not paid within thirty days after it becomes due and payable the attorney general, upon the request of the director ((~~of the department of fisheries or the department of game~~)) shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action. All penalties recovered under this section shall be paid into the state's general fund.

Sec. 405. Section 1, chapter 4, Laws of 1961 as last amended by section 5, chapter 307, Laws of 1985 and RCW 75.20.110 are each amended to read as follows:

COLUMBIA RIVER ANADROMOUS FISH SANCTUARY‑-RESTRICTIONS. (1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the ((~~food fish and game~~)) fish resources in these streams and rivers and to protect them against undue industrial encroachment.

(2) Within the sanctuary area:

(a) It is unlawful to construct a dam greater than twenty-five feet high within the migration range of anadromous fish as ((~~jointly~~)) determined by the director ((~~of fisheries and the director of game~~)).

(b) Except by ((~~concurrent~~)) order of the director ((~~of fisheries and director of game~~)), it is unlawful to divert water from rivers and streams in quantities that will reduce the respective stream flow below the annual average low flow, based upon data published in United States geological survey reports.

(3) The director ((~~of fisheries and the director of game~~)) may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section.

(4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.

Sec. 406. Section 4, chapter 173, Laws of 1986 and RCW 75.20.130 are each amended to read as follows:

HYDRAULIC APPEALS BOARD‑-MEMBERS‑-JURISDICTION. (1) There is hereby created within the environmental hearings office under RCW 43.21B.005 the hydraulic appeals board of the state of Washington.

(2) The hydraulic appeals board shall consist of three members: The director of the department of ecology or the director's designee, the director of the department of agriculture or the director's designee, and the director of the department of fisheries or the director's designee ((~~of the department whose action is appealed under subsection (6) of this section~~)). A decision must be agreed to by at least two members of the board to be final.

(3) The board may adopt rules necessary for the conduct of its powers and duties or for transacting other official business.

(4) The board shall make findings of fact and prepare a written decision in each case decided by it, and that finding and decision shall be effective upon being signed by two or more board members and upon being filed at the hydraulic appeals board's principal office, and shall be open to public inspection at all reasonable times.

(5) The board has exclusive jurisdiction to hear appeals arising from the approval, denial, conditioning, or modification of a hydraulic approval issued by either the department of fisheries ((~~or the department of game~~)) under the authority granted in RCW 75.20.103 for the diversion of water for agricultural irrigation or stock watering purposes.

(6) (a) Any person aggrieved by the approval, denial, conditioning, or modification of a hydraulic approval pursuant to RCW 75.20.103 may seek review from the board by filing a request for the same within thirty days of notice of the approval, denial, conditioning, or modification of such approval.

(b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.04 RCW pertaining to procedures in contested cases.

Sec. 407. Section 8, chapter 7, Laws of 1982 as last amended by section 6, chapter 307, Laws of 1985 and RCW 75.20.300 are each amended to read as follows:

EXPEDITING FLOOD-CONTROL, SEDIMENT RETENTION SITE ACQUISITION, AND DREDGING OPERATIONS IN RIVERS AFFECTED BY MT. ST. HELENS ERUPTION‑-FISH RESOURCE PRESERVATION‑-EXPIRATION OF SECTION. (1) The legislature intends to expedite flood-control, acquisition of sites for sediment retention, and dredging operations in those rivers affected by the May 1980 eruption of Mt. St. Helens, while continuing to protect the fish resources of these rivers.

(2) The director of fisheries ((~~and director of game~~)) shall process hydraulic project applications submitted under RCW 75.20.100 within fifteen working days of receipt of the application. This requirement is only applicable to flood control and dredging projects located in the Cowlitz river from mile 22 to the confluence with the Columbia, and in the Toutle river from the mouth to the North Fork Toutle sediment dam site at North Fork mile 12, and volcano-affected areas of the Columbia river.

(3) For the purposes of this section, the emergency provisions of RCW 75.20.100 may be initiated by the county legislative authority if the project is necessary to protect human life or property from flood hazards, including:

(a) Flood fight measures necessary to provide protection during a flood event; or

(b) Measures necessary to reduce or eliminate a potential flood threat when other alternative measures are not available or cannot be completed prior to the expected flood threat season; or

(c) Measures which must be initiated and completed within an immediate period of time and for which processing of the request through normal methods would cause a delay to the project and such delay would significantly increase the potential for damages from a flood event.

(4) This section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.

(5) This section expires on June 30, 1990.

NEW SECTION. Sec. 408. A new section is added to chapter 75.20 RCW to read as follows:

IMPROVEMENT OF CONDITIONS FOR GROWTH OF FISH. The director may spend moneys to improve natural growing conditions for fish by constructing fishways, installing screens, removing obstructions to migratory fish, and eradicating undesirable fish. The director may enter into cooperative agreements with state, county, municipal, and federal agencies, and with private individuals for these purposes.

@bcPart 5

Licenses@ec

Sec. 501. Section 13, chapter 327, Laws of 1977 ex. sess. as amended by section 95, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.25.110 are each amended to read as follows:

SALMON AND GAME FISH ANGLING LICENSES‑-FEES. (1) Following are the fees for salmon angling licenses:

(a) Annual resident fresh water and saltwater, three dollars.

(b) Annual nonresident saltwater, three dollars.

(d) One day nonresident saltwater, one dollar.

(e) Annual nonresident fresh water, ten dollars.

(f) Three consecutive day fresh water nonresident, five dollars.

(2) An annual license is valid only during the calendar year in which it is issued. An annual license is valid for a maximum catch of thirty salmon after which another annual license may be purchased.

(3) Upon application, a person sixty-five years of age or older who is an honorably discharged veteran of the United States armed forces with a service-connected disability and who has been a resident of this state for five years shall be given a salmon angling license or a game fish angling license, or both, free of charge.

Upon application, a blind person shall be issued a salmon angling license or a game fish angling license, or both, free of charge.

Salmon angling licenses and game fish angling licenses issued under this subsection are valid for the lifetime of the holder.

Sec. 502. Section 12, chapter 327, Laws of 1977 ex. sess. as last amended by section 7, chapter 80, Laws of 1984 and RCW 75.25.130 are each amended to read as follows:

SALMON OR GAME FISH ANGLING LICENSES, PUNCHCARDS, HOOD CANAL SHRIMP LICENSES, AND RAZOR CLAM LICENSES‑-ISSUANCE‑-DEALER'S FEE‑-RULES. Salmon angling licenses and punchcards, game fish angling licenses, Hood Canal shrimp licenses, and razor clam licenses shall be issued only under authority of the director. The director may authorize license dealers to issue the licenses and collect the license fees. In addition to the license fee, license dealers may charge a dealer's fee of twenty-five cents for salmon angling licenses and punchcards and fifty cents for game fish angling licenses, Hood Canal shrimp licenses, and razor clam licenses. The dealer's fee may be retained by the license dealer.

The director shall adopt rules for the issuance of salmon angling licenses and punchcards, game fish angling licenses, Hood Canal shrimp licenses, and razor clam licenses and for the collection, payment, and handling of license fees and dealers fees.

Sec. 503. Section 15, chapter 327, Laws of 1977 ex. sess. as last amended by section 8, chapter 80, Laws of 1984 and RCW 75.25.140 are each amended to read as follows:

SALMON AND GAME FISH ANGLING LICENSES, PUNCHCARDS, HOOD CANAL SHRIMP LICENSES, AND RAZOR CLAM LICENSES‑-NONTRANSFERABLE‑-ENFORCEMENT PROVISIONS. (1) Salmon angling licenses, game fish angling licenses, Hood Canal shrimp licenses, ((~~and~~)) razor clam licenses, and punchcards are not transferable. Upon request of a fisheries patrol officer or ex officio fisheries patrol officer, a person digging for or possessing razor clams or fishing ((~~for or possessing salmon for personal use~~)) or taking or possessing shrimp for personal use in that portion of Hood Canal lying south of the Hood Canal floating bridge shall exhibit the required license or punchcard and write his or her signature for comparison with the signature on the license or punchcard. Failure to comply with the request is prima facie evidence that the person does not have a license or punchcard or is not the person named on the license or punchcard.

(2) The razor clam license shall be visible on the licensee while digging for razor clams.

Sec. 504. Section 99, chapter 46, Laws of 1983 1st ex. sess. as amended by section 9, chapter 80, Laws of 1984 and RCW 75.25.150 are each amended to read as follows:

UNLAWFUL POSSESSION OF RAZOR CLAMS, SALMON, OR SHRIMP. It is unlawful to dig for or possess razor clams, fish ((~~for or possess anadromous salmon~~)) or possess fish, or take or possess shrimp without the applicable licenses or punchcards required by this chapter.

Sec. 505. Section 16, chapter 327, Laws of 1977 ex. sess. as last amended by section 10, chapter 80, Laws of 1984 and RCW 75.25.160 are each amended to read as follows:

SALMON ANGLING LICENSES, HOOD CANAL SHRIMP LICENSES, AND RAZOR CLAM LICENSES‑-PENALTIES. A person who violates a provision of this chapter or who knowingly falsifies information required for the issuance of a salmon angling license, game fish angling license, Hood Canal shrimp license, ((or)) razor clam license, or steelhead punchcard is guilty of a misdemeanor and is subject to the penalties provided in chapter 9A.20 RCW.

NEW SECTION. Sec. 506. A new section is added to chapter 75.25 RCW to read as follows:

MISCELLANEOUS LICENSES. Except as otherwise provided in this title, a license issued by the department is required to:

(1) Angle for game fish;

(2) Purchase or sell anadromous game fish;

(3) Act as a fishing guide;

(4) Conduct, hold, or sponsor fishing contests;

(5) Collect game fish; or

(6) Stock game fish.

NEW SECTION. Sec. 507. A new section is added to chapter 75.25 RCW to read as follows:

GAME FISH ANGLING LICENSES. A game fish angling license allows the holder to fish for game fish throughout the state. The fee for residents is fourteen dollars. The fee for nonresidents is forty dollars.

NEW SECTION. Sec. 508. A new section is added to chapter 75.25 RCW to read as follows:

TEMPORARY GAME FISH ANGLING LICENSE. A nonresident or resident may obtain a temporary game fish angling license. This license allows the holder to fish throughout the state for three consecutive days for game fish. The fee for this license is seven dollars for residents and fourteen dollars for nonresidents. The resident temporary game fish angling license is not valid for the eight consecutive day period beginning on the opening day of the lowland lake fishing season.

NEW SECTION. Sec. 509. A new section is added to chapter 75.25 RCW to read as follows:

FISHING GUIDE LICENSES. A fishing guide license allows the holder to offer or perform the services of a professional guide in the taking of game fish. The fee for this license is one hundred fifty dollars for a resident and five hundred dollars for a nonresident.

NEW SECTION. Sec. 510. A new section is added to chapter 75.25 RCW to read as follows:

GAME FISH STOCKING LICENSE. A game fish stocking license allows the holder to release game fish into the waters of the state as prescribed by rule of the director. The fee for this license is twenty dollars.

NEW SECTION. Sec. 511. A new section is added to chapter 75.25 RCW to read as follows:

ANADROMOUS GAME FISH BUYER'S LICENSE. An anadromous game fish buyer's license allows the holder to purchase or sell steelhead trout and other anadromous game fish harvested by Indian fishermen lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director. The fee for this license is one hundred fifty dollars.

NEW SECTION. Sec. 512. A new section is added to chapter 75.25 RCW to read as follows:

FISHING CONTEST LICENSE. A fishing contest license allows the holder to promote, conduct, hold or sponsor fishing contests in accordance with the rules of the director. The fee for this license is twenty dollars.

NEW SECTION. Sec. 513. A new section is added to chapter 75.25 RCW to read as follows:

REPORTS REQUIRED. Licensed anadromous game fish buyers, fishing guides, persons stocking game fish, or conducting a field contest shall make reports as required by rule of the director.

NEW SECTION. Sec. 514. A new section is added to chapter 75.25 RCW to read as follows:

FREE LICENSES‑-EXEMPTION FOR YOUTH. (1) A person sixty-five years of age or older who is an honorably discharged veteran of the United States armed forces having a service-connected disability and who has been a resident for five years may receive upon application a state game fish angling license free of charge.

(2) Subject to rules adopted by the director, a person seventy years of age or older who has been a resident for ten years may receive, upon application, a game fish angling license free of charge.

(3) A blind person, or a person with a developmental disability as defined in RCW 71.20.016 with documentation of the disability from the department of social and health services, or a physically handicapped person confined to a wheelchair may receive upon application a game fish angling license free of charge.

(4) A blind person or a physically handicapped person confined to a wheelchair who has been issued a card for a permanent disability under RCW 46.16.381 may use that card in place of a game fish angling license unless punchcards are required by this chapter.

(5) A game fish angling license is not required for a person under fifteen years of age.

(6) Punchcards required by this chapter shall be purchased separately by persons receiving a free or reduced-fee license.

NEW SECTION. Sec. 515. A new section is added to chapter 75.25 RCW to read as follows:

HANDICAPPED PERSONS AND SENIOR CITIZENS‑-EXEMPTION FROM INDIVIDUAL LICENSE AND FEE REQUIREMENT‑-CONDITIONS‑-GROUP PERMIT REQUIRED. Physically or mentally handicapped persons and senior citizens may angle for game fish during open season without individual licenses or the payment of individual license fees if such fishing activity is occasional, is conducted in a group supervised by staff of a department of social and health services licensed care facility, and the facility holds a group game fish angling license issued by the director. The director shall issue such a license upon application by care facility staff.

NEW SECTION. Sec. 516. A new section is added to chapter 75.25 RCW to read as follows:

STEELHEAD PUNCHCARDS‑-FEES, PROCEDURES. (1) A steelhead punchcard is required to fish for steelhead trout. The fee for this punchcard is fifteen dollars.

(2) Persons possessing steelhead trout shall immediately validate their punchcard as provided by rule of the commission.

(3) Steelhead punchcards required under this section expire April 30th following the date of issuance.

(4) Each person who returns a steelhead punchcard to an authorized license dealer by June 1 following the period for which it was issued shall be given a credit equal to five dollars towards that day's purchase of any license or punchcard required by this chapter.

@bcPart 6

Department of game‑-Transfer of duties@ec

Sec. 601. 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:

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

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

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

(3) "Commission" means the state game 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 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, 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((,)) or game birds((~~, or game fish~~)). "Open season" includes the first and last days of the established time.

((~~(11)~~)) (10) "Closed season" means all times, manners of taking, and areas or waters other than those established as an open season.

((~~(12)~~)) (11) "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)~~)) (12) "Game reserve" means a closed area where the commission has prohibited by rule hunting for all wild animals and wild birds.

((~~(15)~~)) (13) "Bag limit" means the maximum number of game animals((,)) or 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)~~)) (14) "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((,)) or 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)~~)) (15) "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)~~)) (16) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

((~~(19)~~)) (17) "Protected wildlife" means wildlife designated by rule of the commission that shall not be hunted ((~~or fished~~)).

((~~(20)~~)) (18) "Endangered species" means wildlife designated by rule of the commission as seriously threatened with extinction.

((~~(21)~~)) (19) "Game animals" means wild animals that shall not be hunted except as authorized by rule of the commission.

((~~(22)~~)) (20) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by rule of the commission.

((~~(23)~~)) (21) "Game birds" means wild birds that shall not be hunted except as authorized by rule of the commission.

((~~(24)~~)) (22) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by rule of the commission.

((~~(25)~~)) (23) "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)~~)) (24) "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. 602. 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:

POLICY OF PROTECTION OF WILDLIFE. Wildlife is the property of the state. The department shall preserve, protect, and perpetuate wildlife. Game animals((,)) and 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~~)) in this section shall be construed to infringe on the right of a private property owner to control the owner's private property.

Sec. 603. 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:

WILDLIFE TO BE CLASSIFIED. (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)~~)) (5) 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)~~)) (6) 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. 604. Section 77.12.040, chapter 36, Laws of 1955 as last amended by section 3, chapter 240, Laws of 1984 and RCW 77.12.040 are each amended to read as follows:

REGULATING THE TAKING OR POSSESSING OF GAME‑-EMERGENCY RULES‑-GAME RESERVES, CLOSED AREAS. The 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 game birds((~~, or game fish~~)). The commission may specify the quantities, species, sex, and size of game animals((,)) or game birds((~~, or game fish~~)) that may be taken or possessed. The director may adopt emergency rules under RCW 77.12.150.

The commission may establish by rule game reserves and closed areas where hunting for wild animals or wild birds may be prohibited ((~~and closed waters where fishing for game fish may be prohibited~~)).

Sec. 605. Section 77.12.100, chapter 36, Laws of 1955 as amended by section 23, chapter 78, Laws of 1980 and RCW 77.12.100 are each amended to read as follows:

SEIZURE OF CONTRABAND WILDLIFE AND DEVICES. Wildlife agents and ex officio wildlife agents may seize without warrant wildlife believed to have been unlawfully taken, killed, transported, or possessed, and articles or devices believed to have been unlawfully used or held with intent to unlawfully use in hunting ((~~or fishing~~)). "Articles or devices," as used in this title or rules of the commission, means things used to hunt, ((~~fish for,~~)) possess, or transport wildlife and includes boats, other vehicles, and ((~~fishing and~~)) hunting equipment.

Sec. 606. 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:

GAME SEASONS‑-OPENING AND CLOSING‑-BAG LIMITS. By emergency rule only, and in accordance with rules of the commission, the director may close or shorten a season for game animals((,)) or game birds, ((~~or game fish,~~)) and after a season has been closed or shortened, may reopen it and reestablish bag limits on game animals((,)) or 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.

Sec. 607. Section 334, chapter 258, Laws of 1984 and RCW 77.12.170 are each amended to read as follows:

STATE GAME FUND‑-DEPOSITS. (1) There is established in the state treasury the state game fund which consists of moneys received from:

(a) Rentals or concessions of the department;

(b) The sale of real or personal property held for department purposes;

(d) Fees for informational materials published by the department;

(e) Fees for personalized vehicle license plates as provided in chapter 46.16 RCW;

(f) Articles or wildlife sold by the commission under this title; and

(g) Compensation for wildlife losses or gifts or grants received under RCW 77.12.320((~~; and~~

~~(h) Excise tax on anadromous game fish collected under chapter 82.27 RCW~~)).

(2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state game fund.

Sec. 608. Section 3, chapter 97, Laws of 1965 ex. sess. as last amended by section 2, chapter 214, Laws of 1984 and RCW 77.12.203 are each amended to read as follows:

IN LIEU PAYMENTS AUTHORIZED‑-PROCEDURE‑-GAME LANDS DEFINED. Notwithstanding RCW 84.36.010 or other statutes to the contrary, the director shall pay by April 30th of each year on game lands in each county, if requested by an election under RCW 77.12.201, an amount in lieu of real property taxes equal to that amount paid on similar parcels of open space land taxable under chapter 84.34 RCW or the greater of seventy cents per acre per year or the amount paid in 1984 plus an additional amount for control of noxious weeds equal to that which would be paid if such lands were privately owned. This amount shall not be assessed or paid on department buildings, structures, facilities, game farms, ((~~fish hatcheries,~~)) or tidelands((~~, or public fishing areas of less than one hundred acres~~)).

"Game lands," as used in this section and RCW 77.12.201, means those tracts one hundred acres or larger owned in fee by the department and used for wildlife habitat and public recreational purposes. All lands purchased for wildlife habitat, public access or recreation purposes with federal funds in the Snake River drainage basin shall be considered game lands regardless of acreage.

Sec. 609. Section 5, chapter 62, Laws of 1967 as amended by section 65, chapter 78, Laws of 1980 and RCW 77.12.490 are each amended to read as follows:

SNAKE RIVER BOUNDARY‑-PURPOSE‑-RESTRICTIONS. The purpose of RCW 77.12.450 through 77.12.490 is to avoid the conflict, confusion, and difficulty of locating the state boundary in or on the boundary waters and islands of the Snake river. These sections do not allow the holder of a Washington license to ((~~fish or~~)) hunt on the shoreline, sloughs, or tributaries on the Idaho side, nor allow the holder of an Idaho license to ((~~fish or~~)) hunt on the shoreline, sloughs, or tributaries on the Washington side.

Sec. 610. Section 67, chapter 78, Laws of 1980 and RCW 77.12.530 are each amended to read as follows:

HUNTING CONTESTS‑-FIELD TRIALS FOR DOGS‑-RULES‑-LIMITATION. The commission shall adopt rules governing the time, place, and manner of holding hunting ((~~and fishing~~)) contests and competitive field trials involving live wildlife for hunting dogs. The commission shall prohibit contests and field trials that are not in the best interests of wildlife.

Sec. 611. 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:

GAME FARM LICENSES‑-RULES. 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 are exempt from regulation under this section.~~))

Sec. 612. Section 77.28.070, chapter 36, Laws of 1955 as amended by section 99, chapter 78, Laws of 1980 and RCW 77.12.580 are each amended to read as follows:

GAME FARMS‑-AUTHORITY TO DISPOSE OF EGGS. A licensed game farmer may purchase, sell, give away, or dispose of the eggs of game birds ((~~or game fish~~)) lawfully possessed as provided by rule of the commission.

Sec. 613. 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:

GAME FARMS‑-TAGGING OF PRODUCTS. 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 are exempt from regulation under this section.~~))

Sec. 614. 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:

GAME FARMS‑-SHIPPING OF WILDLIFE. 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. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, this exemption from the definition of wildlife applies only if the aquatic products are identified in conformance with those rules.))

Sec. 615. Section 2, chapter 155, Laws of 1982 and RCW 77.12.620 are each amended to read as follows:

WILDLIFE CHECK STATIONS‑-STOPPING FOR INSPECTION. The department is authorized to require hunters ((~~and fishermen~~)) occupying a motor vehicle approaching or entering a check station to stop and produce for inspection: (1) Any wildlife in their possession; (2) licenses, permits, tags, stamps, or punchcards required under this title ((~~77 RCW~~)), or rules adopted thereunder. For these purposes, the department is authorized to operate check stations which shall be plainly marked by signs, operated by at least one uniformed wildlife agent, and operated in a safe manner.

Sec. 616. Section 77.16.010, chapter 36, Laws of 1955 as amended by section 69, chapter 78, Laws of 1980 and RCW 77.16.010 are each amended to read as follows:

HUNTING CONTESTS‑-FIELD TRIALS FOR DOGS‑-PERMIT‑-RULES. It is unlawful to promote, conduct, hold, or sponsor a contest for the hunting ((~~or fishing~~)) of wildlife or a competitive field trial involving live wildlife for hunting dogs without first obtaining a hunting ((~~or fishing~~)) contest permit. Contests and field trials shall be held in accordance with rules of the commission.

Sec. 617. Section 77.16.020, chapter 36, Laws of 1955 as last amended by section 196, chapter 3, Laws of 1983 and RCW 77.16.020 are each amended to read as follows:

VIOLATIONS‑-CLOSED SEASON, AREAS‑-BAG LIMITS‑-SPECIAL LICENSES, TAGS, STAMPS, OR PUNCHCARDS. (1) It is unlawful to hunt, ((~~fish,~~)) possess, or control a species of game bird((,)) or game animal((~~, or game fish~~)) during the closed season for that species except as provided in RCW 77.12.105.

(2) It is unlawful to kill, take, catch, possess, or control these species in excess of the number fixed as the bag limit for each species.

(3) It is unlawful to hunt within a game reserve ((~~or to fish for game fish within closed waters~~)).

(4) It is unlawful to hunt wild birds or wild animals within a closed area except as authorized by rule of the commission.

(5) It is unlawful to hunt ((~~or fish~~)) for wildlife, practice taxidermy for profit, deal in raw furs for profit, ((~~act as a fishing guide, or~~)) operate a game farm, ((~~stock game fish,~~)) or collect wildlife for research or display, without having in possession the license, permit, tag, stamp, or punchcard required by chapter 77.32 RCW or rule of the commission. The activities described in this subsection shall be conducted in accordance with rules of the commission.

Sec. 618. Section 77.16.090, chapter 36, Laws of 1955 as amended by section 77, chapter 78, Laws of 1980 and RCW 77.16.090 are each amended to read as follows:

WASTE OF WILDLIFE. It is unlawful for a person who kills or possesses game animals((,)) or game birds((~~, or game fish~~)) to allow them to needlessly go to waste.

Sec. 619. 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:

TAKING OF PROTECTED WILDLIFE‑-DESTRUCTION OF NESTS OR EGGS. 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. 620. Section 77.16.190, chapter 36, Laws of 1955 as amended by section 87, chapter 78, Laws of 1980 and RCW 77.16.190 are each amended to read as follows:

UNLAWFUL POSTING OF LAND. It is unlawful for a person to wilfully post signs or warn against or otherwise prevent hunting ((~~or fishing~~)) on any land not owned or leased by that person.

Sec. 621. Section 3, chapter 155, Laws of 1982 and RCW 77.16.610 are each amended to read as follows:

WILDLIFE CHECK STATIONS‑-VIOLATIONS. It is unlawful for any hunter ((~~or fisherman~~)) approaching or entering a check station to fail to:

(1) Obey check station signs;

(2) Stop and report at a check station, when directed to do so by a uniformed wildlife agent; or

(3) Produce for inspection, when requested to do so by a wildlife agent: (a) Wildlife; or (b) licenses, permits, tags, stamps, or punchcards required under Title 77 RCW, or rules adopted thereunder.

Sec. 622. 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:

LICENSES OR PERMITS REQUIRED‑-EXEMPTION. (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; or

((~~(f) Purchase or sell anadromous game fish; or~~

~~(g)~~)) (e) 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; or

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

~~(c) Stock game fish~~)).

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

Sec. 623. Section 20, chapter 15, Laws of 1975 1st ex. sess. as last amended by section 2, chapter 464, Laws of 1985 and RCW 77.32.101 are each amended to read as follows:

HUNTING LICENSES‑-FEES. ((~~(1) A hunting and fishing license allows a resident holder to hunt and fish throughout the state. The fee for this license is twenty-four dollars.~~

~~(2)~~)) A hunting license allows the holder to hunt throughout the state. The fee for this license is twelve dollars for residents and one hundred twenty-five dollars for nonresidents.

((~~(3) A fishing license allows the holder to fish throughout the state. The fee for this license is fourteen dollars for residents and forty dollars for nonresidents.~~))

Sec. 624. Section 30, chapter 15, Laws of 1975 1st ex. sess. as last amended by section 5, chapter 464, Laws of 1985 and RCW 77.32.211 are each amended to read as follows:

TAXIDERMIST, FUR DEALER, GAME FARMER‑-LICENSES‑-GAME CONTEST PERMITS. (1) A taxidermy license allows the holder to practice taxidermy for profit. The fee for this license is one hundred fifty dollars.

(2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs for profit. The fee for this license is one hundred fifty dollars.

(3) ((A fishing guide license allows the holder to offer or perform the services of a professional guide in the taking of game fish. The fee for this license is one hundred fifty dollars for a resident and five hundred dollars for a nonresident.

~~(4)~~)) A game farm license allows the holder to operate a game farm to acquire, breed, grow, keep, and sell wildlife under conditions prescribed by the commission. The fee for this license is sixty dollars for the first year and forty dollars for each following year.

((~~(5) A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the commission. The fee for this permit is twenty dollars.~~

~~(6)~~)) (4) A hunting((~~, fishing,~~)) or field trial permit allows the holder to promote, conduct, hold, or sponsor a hunting((~~, fishing,~~)) or field trial contest in accordance with rules of the commission. The fee for this permit is twenty dollars.

(((7) An anadromous game fish buyer's license allows the holder to purchase or sell steelhead trout and other anadromous game fish harvested by Indian fishermen lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the commission. The fee for this license is one hundred fifty dollars.))

Sec. 625. Section 77.32.220, chapter 36, Laws of 1955 as last amended by section 4, chapter 284, Laws of 1983 and RCW 77.32.220 are each amended to read as follows:

REPORTS REQUIRED FROM PERSONS WITH LICENSES OR PERMITS UNDER RCW 77.32.211. Licensed taxidermists, fur dealers, ((~~anadromous game fish buyers, fishing guides,~~)) game farmers, and persons ((~~stocking game fish or~~)) conducting a hunting((~~, fishing,~~)) or field trial contest shall make reports as required by rules of the commission.

Sec. 626. Section 77.32.230, chapter 36, Laws of 1955 as last amended by section 6, chapter 464, Laws of 1985 and RCW 77.32.230 are each amended to read as follows:

FREE LICENSES‑-CERTAIN VETERANS‑-PURCHASE OF TAGS, PERMITS, STAMPS, AND PUNCHCARDS REQUIRED. (1) A person sixty-five years of age or older who is an honorably discharged veteran of the United States armed forces having a service-connected disability and who has been a resident for five years may receive upon application a state hunting ((~~and fishing~~)) license free of charge.

(2) ((~~Subject to subsection (7) of this section, a person seventy years of age or older who has been a resident for ten years may receive, upon application, a fishing license free of charge.~~

(4) A blind person or a physically handicapped person confined to a wheelchair who has been issued a card for a permanent disability under RCW 46.16.381 may use that card in place of a fishing license unless tags, permits, stamps, or punchcards are required by this chapter.

~~(5) A fishing license is not required for persons under the age of fifteen.~~

~~(6)~~)) Tags, permits, stamps, and punchcards required by this chapter shall be purchased separately by persons receiving a free ((~~or reduced-fee~~)) license.

(((7) (a) By January 1, 1986, the game commission shall adopt a policy determining the fee, if any is charged, and residency requirement for fishing licenses for residents seventy years of age or older. Prior to adopting any policy, the commission shall hold state-wide hearings to learn concerns of interested citizens. The commission shall consider the needs of low-income senior citizens and appropriate residency requirements for senior citizens. If the commission recommends a change in the fishing license fees for residents over seventy years of age, the commission shall report to the next regular session of the legislature the reasons for recommending the change.

~~(b) The department shall, in a timely manner, adopt by rule any fishing license fees and residency requirements recommended by the commission for persons seventy years of age or older.~~))

Sec. 627. Section 13, chapter 310, Laws of 1981 as amended by section 10, chapter 464, Laws of 1985 and RCW 77.32.360 are each amended to read as follows:

UPLAND BIRD PUNCHCARDS‑-FEES, PROCEDURES. (1) ((~~A steelhead punchcard is required to fish for steelhead trout. The fee for this punchcard is fifteen dollars.~~

~~(2) Persons possessing steelhead trout shall immediately validate their punchcard as provided by rule of the commission.~~

~~(3) Steelhead punchcards required under this section expire April 30th following the date of issuance.~~

~~(5)~~)) An upland bird punchcard is required to hunt for quail, partridge, and pheasant in areas designated by rule of the commission. The fee for this punchcard is fifteen dollars.

((~~(6)~~)) (2) Persons killing quail, partridge, and pheasant shall immediately validate their punchcard as provided by rule of the commission.

((~~(7)~~)) (3) Upland bird punchcards required under this section expire March 31st following the date of issuance.

Sec. 628. Section 15, chapter 310, Laws of 1981 as amended by section 11, chapter 464, Laws of 1985 and RCW 77.32.380 are each amended to read as follows:

LICENSE REQUIRED FOR PERSONS PARKING ON GAME LAND OR USING GAME ACCESS FACILITIES‑-EXCEPTIONS‑-PROCEDURES. Persons sixteen years of age or older who use clearly identified game department lands and access facilities are required to possess a conservation license or a hunting, ((~~fishing,~~)) trapping, or free license on their person while using the facilities. The fee for this license is eight dollars annually.

The spouse, all children under eighteen years of age, and guests under eighteen years of age of the holder of a valid conservation license may use game department lands and access facilities when accompanied by the license holder.

Youth groups may use game department lands and game access facilities without possessing a conservation license when accompanied by a license holder.

The conservation license is nontransferable and must be validated by the signature of the holder. Upon request of a wildlife agent or ex officio wildlife agent a person using clearly identified game department lands shall exhibit the required license.

@bcPart 7

Miscellaneous@ec

Sec. 701. Section 7, chapter 98, Laws of 1980 as amended by section 7, chapter 284, Laws of 1983 and RCW 82.27.070 are each amended to read as follows:

DEPOSIT OF TAXES. All taxes collected by the department of revenue under this chapter shall be deposited in the state general fund ((~~except for the excise tax on anadromous game fish, which shall be deposited in the game fund~~)).

NEW SECTION. Sec. 702. REPEALER. The following acts or parts of acts are each repealed:

(1) Section 2, chapter 208, Laws of 1985 and RCW 77.04.100;

(2) Section 77.08.020, chapter 36, Laws of 1955, section 1, chapter 19, Laws of 1969 ex. sess., section 10, chapter 78, Laws of 1980, section 21, chapter 457, Laws of 1985 and RCW 77.08.020;

(3) Section 77.12.330, chapter 36, Laws of 1955, section 53, chapter 78, Laws of 1980 and RCW 77.12.330;

(4) Section 77.12.420, chapter 36, Laws of 1955, section 59, chapter 78, Laws of 1980 and RCW 77.12.420;

(5) Section 1, chapter 152, Laws of 1963, section 90, chapter 78, Laws of 1980 and RCW 77.12.425;

(6) Section 77.12.440, chapter 36, Laws of 1955, section 61, chapter 78, Laws of 1980, section 2, chapter 26, Laws of 1982 and RCW 77.12.440;

(7) Section 77.16.060, chapter 36, Laws of 1955, section 74, chapter 78, Laws of 1980 and RCW 77.16.060;

(8) Section 77.16.160, chapter 36, Laws of 1955, section 84, chapter 78, Laws of 1980 and RCW 77.16.160;

(9) Section 77.16.210, chapter 36, Laws of 1955, section 88, chapter 78, Laws of 1980 and RCW 77.16.210;

(10) Section 27, chapter 15, Laws of 1975 1st ex. sess., section 112, chapter 78, Laws of 1980, section 22, chapter 310, Laws of 1981, section 3, chapter 464, Laws of 1985 and RCW 77.32.161; and

(11) Section 1, chapter 33, Laws of 1984 and RCW 77.32.235.

NEW SECTION. Sec. 703. SECTION CAPTIONS. Section headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 704. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987, but section 108 of this act shall take effect immediately and the department of fisheries, the department of game, and the office of financial management are authorized to do all that is necessary for this act to be implemented on its effective date.