AN ACT Relating to the nonconsumptive use of wildlife; amending RCW 77.04.055, 77.08.010, 77.32.010, and 77.12.170; adding a new section to chapter 77.32 RCW; adding new sections to chapter 77.12 RCW; creating new sections; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature declares that our wildlife and wildlife areas are extremely important to the economic well-being and quality of life of our citizens. These natural resources benefit all the people of the state, but in particular, the people who use the great outdoors for recreation benefit the most.

It is the intent of the legislature to ensure that there will always be adequate funding to protect the wildlife and natural areas of the state. At present, hunters and fishers contribute license fees but there is still a very heavy reliance on the general fund for the support of nonconsumptive users who require nature trails, interpretive centers, and photography blinds, as well as other state services. It is the intent of the legislature that nonconsumptive users of our natural environment be given the opportunity to support their chosen recreational needs in a meaningful and equitable fashion.

Sec. 2. Section 7, chapter 506, Laws of 1987 and RCW 77.04.055 are each amended to read as follows:

(1) In addition to any other duties and responsibilities, the commission shall establish, and periodically review with the governor and the legislature, the department's basic goals and objectives to preserve, protect, and perpetuate wildlife and wildlife habitat. The commission shall maximize hunting and fishing recreational opportunities.

(2) By November 1, 1987, the department shall prepare and submit to the office of financial management the comprehensive and detailed departmental analyses and management plans specified in subsection (3) of this section. The governor shall submit a spending plan to the appropriate legislative committees by December 31, 1987.

(3) The comprehensive and detailed analyses and management plans shall include, but not be limited to:

(a) An analysis of each unique functional element, prioritized within each of the subprograms of the department, as to the element's purpose and role in the subprogram or agency mission, together with expenditures and staffing as of February 28, 1987, and a separate analysis, prioritized within the subprogram, of any revision in expenditure and staffing above the element's level as of February 28, 1987. However, any revision in expenditure or staffing will require specific justification, particularly as to fund source for the expenditure;

(b) An analysis of all hunting and fishing licenses and tags, stamps, or permits issued and the effect of increases or reductions of these fees;

(c) An analysis of the agency's management, organization, and productivity and a detailed plan for any revisions or improvements, if required;

(d) An analysis of the land management practices on department-owned and managed lands and a detailed plan for any improvements; and

(e) An analysis of the department's relationship with landowners, including wildlife damage to agricultural crops and a detailed plan for any improvements.

(4) The governor may also direct the use of personnel from the office of financial management and other state agencies to assist and participate as the governor deems necessary in any or all parts of the analyses or plans required in this section.

(5) The director of financial management shall inform the house of representatives and the senate bimonthly of the progress of the analyses and plans required in subsection (2) of this section.

(6) The analyses and plans, together with any supporting data, shall be made available to the natural resources and ways and means committees of the senate and house of representatives upon receipt by the office of financial management.

(7) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy wildlife.

(8) The commission shall prepare and submit to the governor and appropriate legislative committees by October 1, 1988, an analysis of the state's wildlife and wildlife recreation needs, looking at innovative management methods and alternatives to increased agency revenues, and make recommendations as to how those needs could be addressed.

(9) By June 30, 1989, the wildlife commission shall prepare a recommendation determining the fees that shall be charged for hunting and fishing licenses. Prior to preparing any recommendations, the commission shall hold state-wide hearings to learn concerns of all citizens. The commission shall consider the needs of low-income citizens, veterans of the armed services, the disabled, senior citizens, and juveniles. If the commission recommends a change in the license fees or residency requirements, the commission shall report to the legislature at its next regular session, the reasons for recommending the change.

(10) By June 30, 1991, the wildlife commission shall prepare a comprehensive and detailed analysis of the designated wildlife area pass system. The commission shall consider the location of the designated wildlife areas, the pass fees, the system of implementation and regulation, and the penalties for violation of section 6 of this act.

Sec. 3. Section 77.08.010, chapter 36, Laws of 1955 as last amended by section 7, chapter 297, Laws of 1989 and RCW 77.08.010 are each amended to read as follows:

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

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

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

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

(4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

(5) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.

(6) "Ex officio wildlife agent" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries commission, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

(7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

(8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

(9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.

(10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish. "Open season" includes the first and last days of the established time.

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

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

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

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

(15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

(16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified by the director of fisheries. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

(17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

(18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

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

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

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

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

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

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

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

(26) "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.

(27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices. (28) "Designated wildlife area or areas" means public land, managed by the department, which is designated by the director as an area where nonconsumptive users of that area must pay a fee.

Sec. 4. Section 77.32.010, chapter 36, Laws of 1955 as last amended by section 76, chapter 506, Laws of 1987 and RCW 77.32.010 are each amended to read as follows:

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

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

(b) Practice taxidermy for profit;

(d) Act as a fishing guide;

(e) Operate a game farm;

(f) Purchase or sell anadromous game fish; or

(g) Use department-managed lands or facilities as provided by rules adopted pursuant to this title.

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

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

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

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

(4) A pass issued by the director is required to enter designated wildlife areas, under section 6 of this act.

Sec. 5. Section 334, chapter 258, Laws of 1984 as last amended by section 4, chapter 314, Laws of 1989 and RCW 77.12.170 are each amended to read as follows:

(1) There is established in the state treasury the state wildlife 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 director under this title;

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

(h) Excise tax on anadromous game fish collected under chapter 82.27 RCW; and

(i) The sale of personal property seized by the department for wildlife violations.

(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 wildlife fund.

(3) There is established in the state wildlife fund the native species conservation and enhancement account for the deposit of revenue gained through the sale of the native species stamp, under section 8 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 77.12 RCW to read as follows:

(1) The director shall designate those particular areas of land managed by the department at which possession of a valid annual wildlife pass or day-use pass shall be required. No designation shall be effective until a management plan for the area has been presented at a public meeting and the plan has been approved by the director.

(2) No person shall enter the designated wildlife area unless that person possesses an annual wildlife area pass or a day-use pass issued pursuant to section 7 of this act, a valid hunting license, sportfishing license, or that person is a member of a tour by an organized youth or school group which has been issued a day-use pass.

(3) Notwithstanding subsection (2) of this section, possession of a license or pass shall not be required of any person who:

(a) Is passing through the area on a public right of way;

(b) Possesses authorization by the commission or the department to conduct scientific or educational research;

(d) Possesses written authorization from the department to enter the area for a specific purpose.

(4) Any person who fails to obtain a required designated wildlife area pass shall be punished by a fine of not less than one hundred dollars and not more than five hundred dollars.

NEW SECTION. Sec. 7. A new section is added to chapter 77.32 RCW to read as follows:

(1) The department shall issue an annual designated wildlife area pass or a day-use pass that authorizes the bearer to enter and use facilities and programs on the department-managed lands subject to section 6 of this act for the period of a calendar year or, if issued after the beginning of the year, for the remainder thereof. The fee for the annual designated wildlife area pass is ten dollars. The fee for the day-use pass is two dollars; however, a tour by an organized youth or school group is exempt from the payment of this fee. A person under the age of sixteen years is exempt from the payment of fees under this section for an annual wildlife area pass or a day-use pass.

(2) Any person eligible for a reduced fee or free sportfishing license under RCW 77.32.230 and 77.32.235 shall be issued an annual designated wildlife area pass upon application and under the same conditions and for the same fee, if any, as provided in those sections.

NEW SECTION. Sec. 8. A new section is added to chapter 77.12 RCW to read as follows:

(1) The department may also offer for sale a native species stamp, promotional materials, and nature study aids. The fee for a native species stamp is seven dollars and fifty cents. The department may enter into contracts and contests for the purpose of producing and printing the native species stamps.

(2) The revenues from the sale of the native species stamp shall be deposited in the native species conservation and enhancement account in the state wildlife fund, under RCW 77.12.170.

The revenues shall be used for the following purposes:

(a) The costs of ongoing wildlife management programs incurred at any lands managed by the department alone or cooperatively with other governmental agencies, irrespective of their designation under section 6 of this act;

(b) The costs of natural history education and recreational programs and improvements at areas designated under section 6 of this act; and

(c) The augmentation of wildlife management programs and acquisition of additional lands at areas designated under section 6 of this act.

NEW SECTION. Sec. 9. The department may take all appropriate measures to encourage persons to obtain annual wildlife area passes and day-use passes issued pursuant to section 7 of this act, and to promote the sale of native species stamps, promotional materials, and nature study aids to provide revenue for the support of the department. The measures may include, but are not limited to, the dissemination of public information concerning the status of wildlife, fish, and plant species, conservation activities of the department, and programs and facilities provided by the department for the enjoyment of the lands managed by the department.