H-2048              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1274

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By House Committee on Fisheries & Wildlife (originally sponsored by Representatives Haugen, S. Wilson, R. King, Brooks, Morris, Hargrove, Anderson, Rector and P. King)

Read first time 3/1/89.

AN ACT Relating to natural resource enforcement; and creating new sections.

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

NEW SECTION. Sec. 1.     The legislature finds that protection of the state's natural resources is in transition.  As the state's population increases, preservation of the state's natural resources will require a greater emphasis on enforcement of laws and regulations designed to preserve the resource and allow recreational opportunities.

          The legislature further finds that there is a growing need to increase investigative capability and technical sophistication in prosecuting natural resource violations, to provide better coordination of enforcement and use of enforcement personnel, to eliminate duplication between the department of fisheries and the department of wildlife, and to provide more enforcement presence in the field.

NEW SECTION. Sec. 2.     (1) An evaluation team shall be appointed jointly by the directors of the department of fisheries and the department of wildlife.

          (2) Membership of the evaluation team shall include enforcement officers from each agency selected from recommendations of the enforcement officers' certified bargaining units.  The evaluation team shall consult with the departments of ecology and natural resources, the parks and recreation commission, the prosecuting attorneys' association, Indian tribes, commercial and recreational fishers, and appropriate wildlife interest groups.

          (3) The evaluation team shall report to the house of representatives fisheries and wildlife committee and the senate environment and natural resources committee by October 1, 1989, on the following:

          (a)  Which existing agency should administer and direct a single fisheries and wildlife enforcement unit, or whether an independent agency should be created for fisheries and wildlife enforcement;

          (b)  What duties and responsibilities should be assigned to a single enforcement unit;

          (c)  Whether the following duties and responsibilities shall be transferred to a single fisheries and wildlife enforcement unit:

          (i)  Enforcing compliance of hydraulic permits issued by the department of fisheries and the department of wildlife;

          (ii)  Coordinating the location of enforcement agents;

          (iii)  Enforcing and administering both criminal and civil penalties;

          (d)  Whether the adoption of consistent regulations and consistent penalties for the department of fisheries and the department of wildlife will enhance enforcement;

          (e) The need for additional enforcement personnel;

          (f) Other considerations affecting the implementation of a single fisheries and wildlife enforcement unit; and

          (g) The current and potential enforcement responsibilities of the departments of fisheries and wildlife and the natural resource enforcement responsibilities of other agencies that can appropriately be served by a single fisheries and wildlife enforcement unit.