BP BHEAD INT S [atlas:bill]

AN ACT Relating to achieving greater compliance with laws protecting fish and wildlife; amending RCW 75.08.011, 76.04.045, and 77.08.010; adding new sections to chapter 75.08 RCW; adding a new section to chapter 77.12 RCW; creating new sections; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds that there are a number of laws already in existence to protect fish and wildlife in this state. The legislature recognizes that in order to adequately comply with mandates of the federal endangered species act (16 U.S.C. Sec. 1531 et seq.), it is necessary to obtain greater compliance with these laws. The legislature finds that the number of commissioned officers who enforced fish and wildlife laws has decreased since the merger of the department of wildlife and the department of fisheries. The legislature finds that as a result of the state's increased population the ratio of population to enforcement officers has increased significantly. The legislature finds that visible enforcement officers in the field act as an incentive for compliance with laws that protect fish and wildlife. The legislature therefore finds that additional fish and wildlife enforcement officers located in the field are needed to protect the state's natural resources. It is therefore the intent of the legislature to restore the number of enforcement officers to the level prior to the merger of the department of fisheries and the department of wildlife by directing the department to deploy more enforcement officers into the field, providing flexibility to the department to hire seasonal enforcement officers, authorizing the establishment of a volunteer reserve corps of enforcement officers, and providing funding to retain current enforcement officers.

NEW SECTION. Sec. 2. A new section is added to chapter 75.08 RCW to read as follows:

(1) Citizens of the state who are advantageously located may, at the discretion of the commission, be appointed and commissioned as ex officio fisheries patrol officers and vested with the powers and duties as specified in this chapter and as directed by the commission. Citizens may be commissioned on a seasonal or part-time basis.

(2) Ex officio fisheries patrol officers commissioned pursuant to this section shall receive no compensation except when employed in cooperation with the state and under the provisions of this chapter. Ex officio fisheries patrol officers commissioned pursuant to this section may not create any indebtedness or incur any liability on behalf of the state.

(3) Ex officio fisheries patrol officers commissioned pursuant to this section may not displace currently employed workers.

(4) The commission may cancel the commission of any ex officio fisheries patrol officer or authority granted to an ex officio fisheries patrol officer who is incompetent or unwilling to discharge properly the duties of office.

Sec. 3. RCW 75.08.011 and 1996 c 267 s 2 are each amended to read as follows:

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

(1) "Commission" means the fish and wildlife commission.

(2) "Director" means the director of fish and wildlife.

(3) "Department" means the department of fish and wildlife.

(4) "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, including corporations and partnerships.

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

(6) "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 individuals commissioned pursuant to section 2 of this act, 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.

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

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

(9) "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.

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

(11) "Resident" means a person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state.

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

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

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

(15) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:

Scientific Name Common Name

Oncorhynchus tshawytscha Chinook salmon

Oncorhynchus kisutch Coho salmon

Oncorhynchus keta Chum salmon

Oncorhynchus gorbuscha Pink salmon

Oncorhynchus nerka Sockeye salmon

(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.

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

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

(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.

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

(21) "Fishery" means the taking of one or more particular species of food fish or shellfish with particular gear in a particular geographical area.

(22) "Limited-entry license" means a license subject to a license limitation program established in chapter 75.30 RCW.

(23) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.

Sec. 4. RCW 76.04.045 and 1986 c 100 s 5 are each amended to read as follows:

(1) All Washington state patrol officers, wildlife agents, fisheries patrol officers, deputy state fire marshals, and state park rangers, while in their respective jurisdictions, shall be ex officio rangers.

(2) Employees of the United States forest service, when recommended by their forest supervisor, and citizens of the state advantageously located may, at the discretion of the department, be commissioned as rangers and vested with the certain powers and duties of wardens as specified in this chapter and as directed by the department. Commissions may be made on a part-time or seasonal basis. Rangers commissioned pursuant to this section may not displace currently employed workers.

(3) Rangers shall receive no compensation for their services except when employed in cooperation with the state and under the provisions of this chapter and shall not create any indebtedness or incur any liability on behalf of the state: PROVIDED, That rangers actually engaged in extinguishing or preventing the spread of fire on forest land or elsewhere that may endanger forest land shall, when their accounts for such service have been approved by the department, be entitled to receive compensation for such services at a rate to be fixed by the department.

(4) The department may cancel the commission of any ranger or authority granted to any ex officio ranger who may be incompetent or unwilling to discharge properly the duties of the office.

Sec. 5. RCW 77.08.010 and 1996 c 207 s 2 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 fish and wildlife.

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

(3) "Commission" means the state fish and 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 individuals commissioned pursuant to section 6 of this act, fisheries patrol officers, special agents of the national marine fisheries service, 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 that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, or possess by rule of the commission. "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 by rule of the commission as an open season. "Closed season" also means all hunting, fishing, or possession of game animals, game birds, or game fish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, or possess by rule of the commission 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 as food fish or shellfish by the director. 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.

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

(1) The commission, at its discretion, may appoint and commission citizens who are advantageously located as ex officio wildlife agents and vest them with the powers and duties as specified in this chapter and as directed by the commission. Citizens may be commissioned on a seasonal or part-time basis.

(2) Ex officio wildlife agents commissioned pursuant to this section shall receive no compensation except when employed in cooperation with the state and under the provisions of this chapter. Ex officio wildlife agents commissioned pursuant to this section may not create any indebtedness or incur any liability on behalf of the state.

(3) Ex officio wildlife agents commissioned pursuant to this chapter may not displace currently employed workers.

(4) The commission may cancel the commission of any ex officio wildlife agent who is incompetent or unwilling to discharge properly the duties of office.

NEW SECTION. Sec. 7. (1) The director of the department of fish and wildlife shall consult with the exclusive bargaining representatives of employees of the department as well as representatives of local communities for the purpose of preparing a reorganization plan that results in the redeployment of staff from central office positions to field positions. The department shall also reallocate central office positions that become vacant to field positions to the extent it is feasible. The reorganization plan shall be prepared with the assistance of the fish and wildlife commission with the objectives of improving the overall efficiency of the department and providing greater protection to fish and wildlife.

(2) The fish and wildlife commission shall report to the appropriate legislative committees by December 31, 1998, to describe the progress on the development of the redeployment plan.

NEW SECTION. Sec. 8. A new section is added to chapter 75.08 RCW to read as follows:

The commission shall establish a reserve officer program for the purpose of providing better enforcement of fish and wildlife laws. A reserve officer shall have all the authority of a commissioned fisheries patrol officer under this chapter or a commissioned wildlife agent under chapter 77.12 RCW. The criteria for becoming a reserve officer shall include proper law enforcement training and education approved by the Washington state criminal justice training commission. Reserve officers shall serve as unpaid volunteers, and time spent as a reserve officer shall not increase any eligibility for pension rights or benefits.

NEW SECTION. Sec. 9. The sum of one million nine hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1999, from the general fund to the department of fish and wildlife for the sole purpose of hiring or retaining fisheries patrol officers, wildlife agents, and ex officio fisheries patrol officers and wildlife agents to provide better enforcement of the fish and wildlife laws with priority given to areas where aquatic species have been listed or are proposed to be listed under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.).