S-4290

AN ACT Relating to fish and wildlife licenses; amending RCW 75.25.092, 75.25.120, 75.25.140, 75.25.190, 77.32.005, 77.32.010, 77.32.014, 77.32.025, 77.32.050, 77.32.070, 77.32.090, 77.32.155, 77.32.235, 77.32.240, 77.32.250, 77.32.320, 77.32.350, 77.32.370, 75.50.100, 75.54.140, 77.44.030, 77.12.810, 77.08.045, 77.12.670, 77.12.690, 77.16.310, 77.21.020, 77.21.030, 77.16.330, 77.12.170, and 77.44.010; reenacting and amending RCW 75.25.080; adding new sections to chapter 77.32 RCW; adding a new section to chapter 42.17 RCW; creating new sections; recodifying RCW 75.25.080, 75.25.120, 75.25.140, and 75.25.190; repealing RCW 75.25.005, 75.25.091, 75.25.095, 75.25.110, 75.25.130, 75.25.150, 75.25.170, 75.25.180, 75.25.200, 77.12.810, 77.32.060, 77.32.092, 77.32.101, 77.32.161, 77.32.230, 77.32.340, 77.32.352, 77.32.360, 77.32.390, 75.08.274, and 75.25.012; prescribing penalties; making an appropriation; providing an effective date; and declaring an emergency.

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

Sec. 1. RCW 75.25.080 and 1993 sp.s. c 17 s 5, 1993 sp.s. c 2 s 42, and 1993 c 201 s 1 are each reenacted and amended to read as follows:

(1) It is lawful to fish for, take, or possess the personal-use daily bag limit of shellfish ((or)), food fish, or game fish for a disabled person if the harvester is licensed and if the disabled person is licensed and present on site and in possession of a physical disability permit issued by the director.

(2) An application for a physical disability permit must be submitted on a department official form and must be accompanied by a licensed medical doctor's certification of disability.

(3) A person with a physical disability permit is not required to be present at the location where another person is digging razor clams for the disabled person. The physical disability permittee is required to be in the direct line of sight of the person digging razor clams for him or her, unless it is not possible to be in a direct line of sight because of a physical obstruction or other barrier. If such a barrier or obstruction exists, the physical disability permittee is required to be within one-quarter mile of the person who is digging razor clams for him or her.

Sec. 2. RCW 75.25.092 and 1994 c 255 s 4 are each amended to read as follows:

(1) A personal use shellfish and seaweed license is required for all persons other than residents or nonresidents under ((~~fifteen~~)) twelve years of age to fish for, take, dig for, or possess seaweed or shellfish ((~~except crawfish (Pacifastacus sp.)~~)) for personal use from state waters or offshore waters including national park beaches.

(2) The fees for annual personal use shellfish and seaweed licenses are:

(a) For a resident ((~~fifteen years of age or older and under seventy years of age~~)), ((~~five~~)) seven dollars;

(b) For a ((~~resident seventy years of age or older~~)) nonresident, ((~~three~~)) twenty dollars; and

~~(3) The fee for a three-consecutive-day personal use shellfish and seaweed license is~~)) senior, five dollars.

Sec. 3. RCW 75.25.120 and 1994 c 255 s 6 are each amended to read as follows:

In concurrent waters of the Columbia river and in Washington coastal territorial waters from the Oregon-Washington boundary to a point five nautical miles north, an Oregon angling license comparable to the Washington personal use ((~~food fish license or three-consecutive-day personal use food fish~~)) fishing license is valid if Oregon recognizes as valid the Washington personal use ((~~food fish license or three-consecutive-day personal use food fish~~)) fishing license in comparable Oregon waters.

If Oregon recognizes as valid the Washington personal use ((~~food fish license or three-consecutive-day personal use food fish~~)) fishing license southward to Cape Falcon in the coastal territorial waters from the Washington-Oregon boundary and in concurrent waters of the Columbia river then Washington shall recognize a valid Oregon license comparable to the Washington personal use ((~~food fish license or three-consecutive-day personal use food fish~~)) fishing license northward to Leadbetter Point.

Oregon licenses are not valid for the taking of food fish or game fish when angling in concurrent waters of the Columbia river from the Washington shore.

Sec. 4. RCW 75.25.140 and 1993 sp.s. c 17 s 8 are each amended to read as follows:

(1) Recreational licenses are not transferable. Upon request of a ((~~fisheries patrol~~)) fish and wildlife enforcement officer, ex officio ((~~fisheries patrol~~)) fish and wildlife enforcement officer, or authorized ((~~fisheries~~)) fish and wildlife employee, a person digging for, fishing for, or possessing shellfish, ((~~[or]~~)) or seaweed or fishing for or possessing food fish or game fish for personal use shall exhibit the required recreational license and write his or her signature for comparison with the signature on the license. Failure to comply with the request is prima facie evidence that the person does not have a license or is not the person named on the license.

(2) The personal use shellfish and seaweed license shall be visible on the licensee while harvesting shellfish or seaweed.

Sec. 5. RCW 75.25.190 and 1989 c 305 s 10 are each amended to read as follows:

Catch record cards necessary for proper management of the state's food fish and game fish species and shellfish resources shall be administered under rules adopted by the ((~~director~~)) commission and issued at no charge.

Sec. 6. RCW 77.32.005 and 1989 c 305 s 17 are each amended to read as follows:

((~~For the purposes of~~)) The definitions in this section apply throughout this chapter((:)) unless the context clearly requires otherwise.

((A)) (1) "Resident" means a person who has maintained a permanent place of abode within this state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within this state, and who is not licensed to hunt or fish as a resident in another state.

((A)) (2) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

(3) "Youth" means a person twelve years old or older and under sixteen years old for fishing and under sixteen years old for hunting.

(4) "Senior" means a person seventy years old or older.

(5) "Food fish" has the same meaning as found in RCW 75.08.011.

(6) "Shellfish" has the same meaning as found in RCW 75.08.011.

(7) "Seaweed" has the same meaning as found in RCW 75.08.011.

(8) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.

(9) "Saltwater" means those marine waters seaward of river mouths.

(10) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.

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

(12) "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.

Sec. 7. RCW 77.32.010 and 1987 c 506 s 76 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, except bullfrogs, or wild birds ((or)), fish ((~~for game fish~~)) or harvest shellfish and seaweed, except smelt, albacore, carp, and crawfish;

(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, food fish, shellfish, 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.

Sec. 8. RCW 77.32.014 and 1997 c 58 s 881 are each amended to read as follows:

(1) Licenses, tags, and stamps issued pursuant to this chapter shall be invalid for any period in which a person is certified by the department of social and health services or a court of competent jurisdiction as a person in noncompliance with a support order ((~~or residential or visitation order~~)). Fish and wildlife ((~~agents~~)) officers and ex officio fish and wildlife ((~~agents~~)) officers shall enforce this section through checks of the department of licensing's computer data base. A listing on the department of licensing's data base that an individual's license is currently suspended pursuant to RCW 46.20.291(7) shall be prima facie evidence that the individual is in noncompliance with a support order ((~~or residential or visitation order~~)). Presentation of a written release issued by the department of social and health services stating that the person is in compliance with an order shall serve as prima facie proof of compliance with a support order((~~, residential order, or visitation order~~)).

(2) It is unlawful to purchase, obtain, or possess a license required by this chapter during any period in which a license is suspended.

Sec. 9. RCW 77.32.025 and 1996 c 20 s 2 are each amended to read as follows:

Notwithstanding RCW 77.32.010, the commission may adopt rules designating times and places for the purposes of family fishing days when licenses and catch record cards are not required to fish ((~~for game fish, including steelhead trout~~)) or to harvest shellfish.

Sec. 10. RCW 77.32.050 and 1996 c 101 s 8 are each amended to read as follows:

All recreational licenses, permits, tags, and stamps required by this chapter and raffle tickets authorized under chapter 77.12 RCW shall be issued under the authority of the commission. ((The director may authorize department personnel, county auditors, or other reputable citizens to issue licenses, permits, tags, stamps, and raffle tickets, and collect the appropriate fees. The authorized persons shall pay on demand or before the tenth day of the following month the fees collected and shall make reports as required by the director.)) The ((~~director may~~)) commission shall adopt rules for ((~~issuing~~)) the issuance of recreational licenses, permits, tags, stamps, and raffle tickets, ((~~collecting and paying fees, and making reports~~)) and for the collection, payment, and handling of license fees, terms and conditions to govern dealers, and dealers' fees. Fees retained by dealers shall be uniform throughout the state.

Sec. 11. RCW 77.32.070 and 1995 c 116 s 3 are each amended to read as follows:

Applicants for a license, permit, tag, or stamp shall furnish the information required by the director. The ((~~director~~)) commission may adopt rules requiring licensees or permittees to keep records and make reports concerning the taking of fish, shellfish, and wildlife.

Sec. 12. RCW 77.32.090 and 1996 c 101 s 10 are each amended to read as follows:

The ((~~director~~)) commission may adopt rules pertaining to the form, period of validity, use, possession, and display of licenses, permits, tags, and stamps required by this chapter and raffle tickets authorized under chapter 77.12 RCW.

NEW SECTION. Sec. 13. The commission shall adopt rules to continue funding current enhancement programs at levels equal to the participation of licensees in each of the individual enhancement programs. All enhancement funding will continue to be deposited directly into the individual accounts created for each enhancement.

NEW SECTION. Sec. 14. (1) A big game hunting license is required to hunt for big game. A big game license allows the holder to hunt for forest grouse and the individual species identified within a specific big game combination license package. Each big game license includes one transport tag for each species purchased in that package. A hunter may not purchase more than one license for each big game species except as authorized by rule of the commission. The fees for annual big game combination packages are as follows:

(a) Big game number 1: Deer, elk, bear, and cougar. The fee for this license is sixty-six dollars for residents, six hundred sixty dollars for nonresidents, and thirty-three dollars for youth.

(b) Big game number 2: Deer and elk. The fee for this license is fifty-six dollars for residents, five hundred sixty dollars for nonresidents, and twenty-eight dollars for youth.

(c) Big game number 3: Deer or elk, bear, and cougar. At the time of purchase, the holder must identify either deer or elk. The fee for this license is forty-six dollars for residents, four hundred sixty dollars for nonresidents, and twenty-three dollars for youth.

(d) Big game number 4: Deer or elk. At the time of purchase, the holder must identify either deer or elk. The fee for this license is thirty-six dollars for residents, three hundred sixty dollars for nonresidents, and eighteen dollars for youth.

(e) Big game number 5: Bear and cougar. The fee for this license is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth.

(2) In the event that the commission authorizes a two animal big game limit, the fees for the second animal are as follows:

(a) Elk: The fee is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth.

(b) Deer: The fee is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth.

(d) Cougar: The fee is ten dollars for residents, one hundred dollars for nonresidents, and five dollars for youth.

(3) In the event that the commission authorizes a special permit hunt for goat, sheep, or moose, the permit fees are as follows:

(a) Mountain goat: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth.

(b) Sheep: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth.

(c) Moose: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth.

Authorization to hunt the species set out under subsection (3)(a) through (c) of this section is by special permit identified under RCW 77.32.370.

(4) The commission may adopt rules to reduce the price of a license or eliminate the transportation tag requirements concerning bear or cougar when necessary to meet harvest objectives.

NEW SECTION. Sec. 15. (1) A small game hunting license is required to hunt for all wild animals and wild birds, except big game. The small game license includes one transport tag for turkey.

(a) The fee for this license is thirty dollars for residents, one hundred fifty dollars for nonresidents, and fifteen dollars for youth.

(b) The fee for this license if purchased in conjunction with a big game combination license package is sixteen dollars for residents, eighty dollars for nonresidents, and eight dollars for youth.

(2) The fee for each additional turkey tag is eighteen dollars for residents, sixty dollars for nonresidents, and nine dollars for youth.

NEW SECTION. Sec. 16. (1) A personal use saltwater, freshwater, combination, temporary, or family fishing weekend license is required for all persons twelve years of age or older to fish for or possess fish taken for personal use from state waters or offshore waters.

(2) The fees for annual personal use saltwater, freshwater, or combination licenses are as follows:

(a) A combination license allows the holder to fish for or possess fish, shellfish, and seaweed from state waters or offshore waters. The fee for this license is thirty-six dollars for residents, seventy-two dollars for nonresidents, and five dollars for youth.

(b) A saltwater license allows the holder to fish for or possess fish taken from saltwater areas. The fee for this license is eighteen dollars for residents, thirty-six dollars for nonresidents, and five dollars for resident seniors.

(c) A freshwater license allows the holder to fish for, take, or possess food fish or game fish species in all freshwater areas. The fee for this license is twenty dollars for residents, forty dollars for nonresidents, and five dollars for resident seniors.

(3) A temporary fishing license is valid for two consecutive days and allows the holder to fish for or possess fish taken from state waters or offshore waters. The fee for this temporary fishing license is six dollars for both residents and nonresidents. This license is not valid on game fish species for an eight-consecutive-day period beginning on the opening day of the lowland lake fishing season.

(4) A family fishing weekend license allows for a maximum of six anglers: One resident and five youth; two residents and four youth; or one resident, one nonresident, and four youth. This license allows the holders to fish for or possess fish taken from state waters or offshore waters. The fee for this license is twenty dollars. This license is only valid during periods as specified by rule of the department.

(5) The commission may adopt rules to create and sell combination licenses for all hunting and fishing activities at or below a fee equal to the total cost of the individual license contained within any combination.

Sec. 17. RCW 77.32.155 and 1993 c 85 s 1 are each amended to read as follows:

When purchasing ((a)) any hunting license, persons under the age of eighteen shall present certification of completion of a course of instruction of at least ten hours in the safe handling of firearms, safety, conservation, and sportsmanship. Beginning January 1, 1995, all persons purchasing ((a)) any hunting license for the first time, if born after January 1, 1972, shall present such certification.

The director may establish a program for training persons in the safe handling of firearms, conservation, and sportsmanship and may cooperate with the National Rifle Association, organized sportsmen's groups, or other public or private organizations.

The director shall prescribe the type of instruction and the qualifications of the instructors.

Upon successful completion of the course, a trainee shall receive a hunter education certificate signed by an authorized instructor. The certificate is evidence of compliance with this section.

The director may accept certificates from other states that persons have successfully completed firearm safety, hunter education, or similar courses as evidence of compliance with this section.

NEW SECTION. Sec. 18. All hunting licenses shall, upon written application, be issued at the reduced rate of a youth hunting license fee for the following individuals:

(1) A resident sixty-five years old or older who is an honorably discharged veteran of the United States armed forces having a service-connected disability;

(2) Residents who are honorably discharged veterans of the United States armed forces with a thirty percent or more service-connected disability; and

(3) An honorably discharged veteran of the United States armed forces who is a resident and is confined to a wheelchair.

NEW SECTION. Sec. 19. A combination license shall, upon written application, be issued at the reduced rate of five dollars to the following individuals:

(1) Residents who are honorably discharged veterans of the United States armed forces with a thirty percent or more service-connected disability;

(2) A person who is blind;

(3) A person with a developmental disability as defined in RCW 71A.10.020 with documentation of the disability from the department of social and health services; and

(4) A person who is physically disabled and confined to a wheelchair.

Sec. 20. RCW 77.32.235 and 1990 c 35 s 4 are each amended to read as follows:

Physically or mentally ((~~handicapped~~)) disabled persons, mentally ill persons, hospital patients, and senior citizens who are in the care of a state-licensed or state-operated care facility may fish ((~~for game fish~~)) and harvest shellfish 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 state-licensed or state-operated~~)) the care facility, and the facility holds a group fishing permit issued by the director. The director shall issue such a permit upon application by care facility staff.

Sec. 21. RCW 77.32.240 and 1991 sp.s. c 7 s 6 are each amended to read as follows:

A scientific permit allows the holder to collect for research or display food fish, game fish, shellfish, and wildlife ((~~or their~~)), including avian nests and eggs as required in RCW 77.32.010, under conditions prescribed by the director. Before a permit is issued, the applicant shall demonstrate to the director their qualifications and establish the need for the permit. The director may require a bond of up to one thousand dollars to ((~~insure~~)) ensure compliance with the permit. Permits are valid for the time specified, unless sooner revoked.

Holders of permits may exchange specimens with the approval of the director.

A permit holder who violates this section shall forfeit the permit and bond and shall not receive a similar permit for one year. The fee for a scientific permit is twelve dollars.

Sec. 22. RCW 77.32.250 and 1996 c 101 s 12 are each amended to read as follows:

Licenses, permits, tags, and stamps required by this chapter and raffle tickets authorized under chapter 77.12 RCW shall not be transferred ((~~and, unless otherwise provided in this chapter, are void on January 1st following the year for which the license, permit, tag, stamp, or raffle ticket was issued~~)).

Upon request of a fish and wildlife ((~~agent~~)) officer or ex officio fish and wildlife ((~~agent~~)) officer, persons licensed, operating under a permit, or possessing wildlife under the authority of this chapter shall produce required licenses, permits, tags, stamps, or raffle tickets for inspection and write their signatures for comparison and in addition display their wildlife. Failure to comply with the request is prima facie evidence that the person has no license or is not the person named.

Sec. 23. RCW 77.32.320 and 1997 c 114 s 1 are each amended to read as follows:

(1) ((~~In addition to a basic hunting license, a separate transport tag is~~)) The correct licenses and tags are required to hunt deer, elk, black bear, cougar, sheep, mountain goat, moose, or wild turkey((. However, a transport tag may not be required to hunt black bear or cougar when, under conditions set out under RCW 77.32.340, the commission determines that for the purposes of achieving harvest management goals for black bear or cougar, that transport tags shall be available at no cost)) except as provided in section 14 of this act.

(2) ((~~A transport tag may only be obtained subsequent to the purchase of a valid hunting license and must have permanently affixed to it the hunting license number.~~

~~(3)~~)) Persons who kill deer, elk, bear, cougar, mountain goat, sheep, moose, or wild turkey shall immediately validate and attach their own transport tag to the carcass as provided by rule of the director.

((~~(4) Transport tags required by this section expire on March 31st following the date of issuance.~~))

Sec. 24. RCW 77.32.350 and 1992 c 41 s 1 are each amended to read as follows:

In addition to a ((~~basic~~)) small game hunting license, a supplemental ((~~license,~~)) permit((,)) or stamp is required to hunt for ((~~quail, partridge,~~)) western Washington pheasant((,)) or migratory ((~~waterfowl, to hunt with a raptor, or to hunt wild animals with a dog~~)) birds.

(1) ((~~A hound permit is required to hunt wild animals, except rabbits and hares, with a dog. The fee for this permit is twelve dollars.~~

~~(2) An eastern Washington upland game bird permit is required to hunt for quail, partridge, and pheasant in eastern Washington. The fee for this permit is ten dollars.~~

~~(3)~~)) A western Washington ((~~upland game bird~~)) pheasant permit is required to hunt for ((~~quail, partridge, and~~)) pheasant in western Washington. ((~~The fee for this permit is thirty-five dollars.~~)) Western Washington ((~~upland game bird~~)) pheasant permits must contain numbered spaces for recording the location and date of harvest of each western Washington pheasant. It is unlawful to harvest a western Washington pheasant without immediately recording this information on the permit.

((~~(4) Effective January 1, 1993,~~)) (2) The permit shall be available as a season option, a ((~~juvenile~~)) youth full season option, or a ((~~two-day~~)) three-day option. The fee for this permit is:

(a) For the resident and nonresident full season option, ((~~thirty-five~~)) thirty-six dollars;

(b) For the ((~~juvenile~~)) youth full season ((~~or the two-day~~)) option, ((~~twenty~~)) eighteen dollars;

((~~For the purposes of this subsection a juvenile is defined as a person under fifteen years of age upon the opening date of the western Washington pheasant season.~~

~~(5) Western Washington upland game permits are valid for the following number of pheasants and harvesting pheasants in excess of these numbers requires another permit:~~

~~(a) A full season permit is valid for no more than ten pheasants;~~

~~(b) A juvenile full season permit is valid for no more than six pheasants;~~

~~(c) A two-day permit is valid for no more than four pheasants.~~

~~(6) A falconry license is required to possess or hunt with a raptor, including seasons established exclusively for hunting in that manner. The fee for this license is thirty-six dollars.~~

~~(7)~~)) (3) A migratory ((~~waterfowl~~)) bird stamp affixed to a ((~~basic~~)) small game hunting license is required for all persons ((~~sixteen years of age or older~~)) to hunt migratory ((~~waterfowl~~)) birds. The fee for the stamp is six dollars for residents and nonresidents and three dollars for youth.

((~~(8)~~)) (4) The migratory ((~~waterfowl~~)) bird stamp shall be validated by the signature of the licensee written across the face of the stamp.

((~~(9) The migratory waterfowl stamps required by this section expire on March 31st following the date of issuance.~~))

Sec. 25. RCW 77.32.370 and 1991 sp.s. c 7 s 11 are each amended to read as follows:

(1) A special hunting season permit is required to hunt in each special season established under chapter 77.12 RCW.

(2) Persons may apply for special hunting season permits as provided by rule of the ((~~director~~)) commission.

(3) The application fee to ((~~participate in~~)) enter the drawing for a special hunting ((~~season~~)) permit is ((~~three~~)) five dollars for residents, fifty dollars for nonresidents, and three dollars for youth.

Sec. 26. RCW 75.50.100 and 1995 1st sp.s. c 2 s 39 are each amended to read as follows:

The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the commission or the commission's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

A ((~~surcharge of one dollar shall be collected on each recreational personal use food fish license sold in the state~~)) portion of each recreational fishing license fee shall be used as provided in section 13 of this act. A surcharge of one hundred dollars shall be collected on each commercial salmon fishery license, each salmon delivery license, and each salmon charter license sold in the state. The department shall study methods for collecting and making available, an annual list, including names and addresses, of all persons who obtain recreational and commercial salmon fishing licenses. This list may be used to assist formation of the regional fisheries enhancement groups and allow the broadest participation of license holders in enhancement efforts. The results of the study shall be reported to the house of representatives fisheries and wildlife committee and the senate environment and natural resources committee by October 1, 1990. All receipts shall be placed in the regional fisheries enhancement group account and shall be used exclusively for regional fisheries enhancement group projects for the purposes of RCW 75.50.110. Funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991.

All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the regional fisheries enhancement group account for use by the regional fisheries enhancement group that produced the surplus. The commission shall adopt rules to implement this section pursuant to chapter 34.05 RCW.

Sec. 27. RCW 75.54.140 and 1997 c 197 s 1 are each amended to read as follows:

((Beginning January 1, 1994, persons who recreationally fish for salmon or marine bottomfish in marine area codes 5 through 13 and Lake Washington and have an annual food fish license shall be assessed an annual recreational surcharge of ten dollars, in addition to other licensing requirements. Persons who recreationally fish for salmon or marine bottomfish in marine area codes 5 through 13 and Lake Washington with a three-consecutive-day personal use food fish license shall be assessed an annual recreational surcharge of five dollars. Funds from the surcharge)) As provided in section 13 of this act, a portion of each saltwater and combination fishing license fee shall be deposited in the recreational fisheries enhancement account created in RCW 75.54.150((~~, except that the first five hundred thousand dollars shall be deposited in the general fund before June 30, 1995, to repay the appropriation made by section 104, chapter 2, Laws of 1993 sp. sess~~)).

Sec. 28. RCW 77.44.030 and 1996 c 222 s 3 are each amended to read as follows:

(1) ((~~A warm water game fish surcharge allows a person to fish throughout the state for~~)) As provided in section 13 of this act, a portion of each freshwater and combination fishing license fee shall be deposited into the warm water game fish account.

(2) ((The annual fee for a game fish surcharge is five dollars and the surcharge is required in addition to an annual game fishing license, except for those persons under fifteen years of age for which there is no charge. Holders of three-day resident fishing licenses, three-day nonresident fishing licenses, and nonresident annual fishing licenses shall pay a five-dollar surcharge to fish for warm water fish.

~~(3)~~)) The department shall use the most cost-effective format in designing and administering the warm water game fish surcharge.

((~~(4)~~)) (3) A warm water game fish ((~~surcharge~~)) account shall ((~~only~~)) be ((~~required to fish~~)) used for((:)) enhancement of largemouth bass, smallmouth bass, walleye, black crappie, white crappie, channel catfish, and tiger musky.

Sec. 29. RCW 77.12.810 and 1997 c 422 s 4 are each amended to read as follows:

((Beginning September 1, 1997, a person who hunts for pheasant in eastern Washington must pay an annual surcharge of ten dollars, in addition to other licensing requirements. Funds from the surcharge must be)) As provided in section 13 of this act, a portion of each small game hunting license fee shall be deposited in the eastern Washington pheasant enhancement account created in RCW 77.12.820.

Sec. 30. RCW 77.08.045 and 1987 c 506 s 12 are each amended to read as follows:

As used in this title or rules adopted pursuant to this title:

(1) "Migratory waterfowl" means members of the family Anatidae, including brants, ducks, geese, and swans;

(2) "Migratory bird" means migratory waterfowl and coots, snipe, doves, and band-tailed pigeon;

(3) "Migratory ((~~waterfowl~~)) bird stamp" means the stamp that is required by RCW 77.32.350 to be in the possession of all persons ((~~over sixteen years of age~~)) to hunt migratory ((~~waterfowl~~)) birds;

((~~(3)~~)) (4) "Prints and artwork" means replicas of the original stamp design that are sold to the general public. Prints and artwork are not to be construed to be the migratory ((~~waterfowl~~)) bird stamp that is required by RCW 77.32.350. Artwork may be any facsimile of the original stamp design, including color renditions, metal duplications, or any other kind of design; and

((~~(4)~~)) (5) "Migratory waterfowl art committee" means the committee created by RCW 77.12.680. The committee's primary function is to select the annual migratory ((~~waterfowl~~)) bird stamp design.

Sec. 31. RCW 77.12.670 and 1987 c 506 s 53 are each amended to read as follows:

(1) The migratory ((~~waterfowl~~)) bird stamp to be produced by the department shall use the design as provided by the migratory waterfowl art committee.

(2) All revenue derived from the sale of the stamps by the department shall be deposited in the state wildlife fund and shall be used only for the cost of printing and production of the stamp and for those migratory ((~~waterfowl~~)) bird projects specified by the director of the department for the acquisition and development of migratory ((~~waterfowl~~)) bird habitat in the state and for the enhancement, protection, and propagation of migratory ((~~waterfowl~~)) birds in the state.

(3) The department shall determine the number of waterfowl hunters and the number of nonwaterfowl migratory bird hunters. Revenue derived from the sale of the stamp to waterfowl hunters shall be used by the department for migratory waterfowl projects. Revenue derived from the sale of the stamp to persons hunting only nonwaterfowl species shall be used by the department for nonwaterfowl migratory bird projects. Revenue derived from the sale of blocks of the stamp to collectors shall be used by the department for migratory waterfowl projects.

(4) Acquisition shall include but not be limited to the acceptance of gifts of real estate or any interest therein or the rental, lease, or purchase of real estate or any interest therein. If the department acquires any fee interest, leasehold, or rental interest in real property under this section, it shall allow the general public reasonable access to that property and shall, if appropriate, insure that the deed or other instrument creating the interest allows such access to the general public. If the department obtains a covenant in real property in its favor or an easement or any other interest in real property under this section, it shall exercise its best efforts to insure that the deed or other instrument creating the interest grants to the general public in the form of a covenant running with the land reasonable access to the property. The private landowner from whom the department obtains such a covenant or easement shall retain the right of granting access to the lands by written permission.

(5) The department may produce migratory ((~~waterfowl~~)) bird stamps in any given year in excess of those necessary for sale in that year. The excess stamps may be sold to the migratory waterfowl art committee for sale to the public.

Sec. 32. RCW 77.12.690 and 1987 c 506 s 55 are each amended to read as follows:

The migratory waterfowl art committee is responsible for the selection of the annual migratory ((~~waterfowl~~)) bird stamp design and shall provide the design to the department. If the committee does not perform this duty within the time frame necessary to achieve proper and timely distribution of the stamps to license dealers, the director shall initiate the art work selection for that year. The committee shall create collector art prints and related artwork, utilizing the same design as provided to the department. The administration, sale, distribution, and other matters relating to the prints and sales of stamps with prints and related artwork shall be the responsibility of the migratory waterfowl art committee.

The total amount brought in from the sale of prints and related artwork shall be deposited in the state wildlife fund. The costs of producing and marketing of prints and related artwork, including administrative expenses mutually agreed upon by the committee and the director, shall be paid out of the total amount brought in from sales of those same items. Net funds derived from the sale of prints and related artwork shall be used by the director to contract with one or more appropriate individuals or nonprofit organizations for the development of waterfowl propagation projects within Washington which specifically provide waterfowl for the Pacific flyway. The department shall not contract with any individual or organization that obtains compensation for allowing waterfowl hunting except if the individual or organization does not permit hunting for compensation on the subject property.

The migratory waterfowl art committee shall have an annual audit of its finances conducted by the state auditor and shall furnish a copy of the audit to the commission and to the natural resources committees of the house and senate.

Sec. 33. RCW 77.16.310 and 1981 c 310 s 4 are each amended to read as follows:

It is unlawful to purchase, obtain, or possess or to attempt to purchase or obtain a license, permit, stamp, or tag required by this title:

(1) By using false information; or

(2) After notice of the revocation or forfeiture of an existing license, permit, or tag, except that a person may purchase a license that does not grant the privilege that was revoked; or

(3) In excess of one license, permit, tag, stamp, or punchcard for a license year except as authorized by RCW 77.32.256, section 14 of this act, or other law or rule of the commission.

Sec. 34. RCW 77.21.020 and 1987 c 506 s 70 are each amended to read as follows:

In addition to other penalties provided by law, the director shall revoke ((~~the~~)) all hunting licenses of a person who is convicted of a violation of RCW 77.16.020 involving big game or RCW 77.16.050. Forfeiture of bail twice during a five-year period for these violations constitutes the basis for a revocation under this section.

((A)) No hunting license ((~~shall not~~)) may be issued to the person for two years from the revocation.

A person who has had a license revoked or has been denied issuance pursuant to this section or RCW 77.21.030, may appeal the decision as provided in chapter 34.05 RCW.

Sec. 35. RCW 77.21.030 and 1987 c 506 s 71 are each amended to read as follows:

The director shall revoke ((~~the~~)) all hunting licenses of a person who shoots another person or domestic livestock while hunting. A hunting license shall not be issued to that person unless the director authorizes the issuance of a license, and damages caused by the wrongful shooting have been paid.

Sec. 36. RCW 77.16.330 and 1987 c 506 s 104 are each amended to read as follows:

It is unlawful for any person ((~~sixteen years of age or older~~)) to hunt any migratory ((~~waterfowl~~)) bird without first obtaining a migratory ((~~waterfowl~~)) bird stamp as required by RCW 77.32.350.

NEW SECTION. Sec. 37. A new section is added to chapter 42.17 RCW to read as follows:

Information contained in the department of fish and wildlife data bases concerning personal information of license holders is exempt from disclosure under this chapter. However, the department of fish and wildlife may release personal information to nonprofit organizations for noncommercial purposes.

Sec. 38. RCW 77.12.170 and 1996 c 101 s 7 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;

(c) The sale of licenses, permits, tags, stamps, and punchcards required by this title, except annual resident adult saltwater and all shellfish licenses, which shall be deposited into the state general fund;

(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;

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

(j) The department's share of revenues from auctions and raffles authorized by the commission.

(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.

Sec. 39. RCW 77.44.010 and 1996 c 222 s 1 are each amended to read as follows:

A warm water game fish enhancement program is created in the department ((~~to be funded from the sale of a warm water game fish surcharge~~)). The enhancement program shall be designed to increase the opportunities to fish for and catch warm water game fish including: Largemouth black bass, smallmouth black bass, channel catfish, black crappie, white crappie, walleye, and tiger musky. The program shall be designed to use a practical applied approach to increasing warm water fishing. The department shall use the funds available efficiently to assure the greatest increase in the fishing for warm water fish at the lowest cost. This approach shall involve the minimization of overhead and administrative costs and the maximization of productive in-the-field activities.

NEW SECTION. Sec. 40. The department of fish and wildlife has the authority to sell fifteen-month prorated shellfish, fish, and small game licenses to accommodate the change in license year, as defined in RCW 77.32.005. This authority only applies to the period beginning January 1, 1999, and ending April 1, 2000.

NEW SECTION. Sec. 41. In order to simplify fishing license requirements in transition areas between saltwater and freshwater, the commission may adopt rules designating specific waters where either a freshwater or a saltwater license is valid.

NEW SECTION. Sec. 42. The sum of one million one hundred ten 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 to fund a server system to implement a point-of-sale licensing system.

NEW SECTION. Sec. 43. RCW 75.25.080, 75.25.120, 75.25.140, and 75.25.190 are each recodified as new sections in chapter 77.32 RCW.

NEW SECTION. Sec. 44. As provided in RCW 77.12.170(1)(c), all recreational license fees deposited into the general fund shall be appropriated for the management, enhancement, research, and enforcement of shellfish and saltwater programs of the department.

NEW SECTION. Sec. 45. The following acts or parts of acts are each repealed:

(1) RCW 75.25.005 and 1993 sp.s. c 17 s 4, 1993 sp.s. c 2 s 41, & 1989 c 305 s 1;

(2) RCW 75.25.091 and 1994 c 255 s 3 & 1993 sp.s. c 17 s 2;

(3) RCW 75.25.095 and 1996 c 20 s 1, 1995 1st sp.s. c 2 s 31, & 1990 c 34 s 2;

(4) RCW 75.25.110 and 1994 c 255 s 5, 1993 sp.s. c 17 s 6, 1989 c 305 s 8, 1987 c 87 s 3, 1983 1st ex.s. c 46 s 95, & 1977 ex.s. c 327 s 13;

(5) RCW 75.25.130 and 1989 c 305 s 11, 1987 c 87 s 6, 1984 c 80 s 7, 1983 1st ex.s. c 46 s 97, & 1977 ex.s. c 327 s 12;

(6) RCW 75.25.150 and 1994 c 255 s 7, 1993 sp.s. c 17 s 9, 1989 c 305 s 13, 1984 c 80 s 9, & 1983 1st ex.s. c 46 s 99;

(7) RCW 75.25.170 and 1993 sp.s. c 2 s 43, 1989 c 305 s 16, & 1987 c 87 s 9;

(8) RCW 75.25.180 and 1994 c 255 s 8;

(9) RCW 75.25.200 and 1990 c 35 s 2;

(10) RCW 77.12.810 and 1997 c 422 s 4;

(11) RCW 77.32.060 and 1996 c 101 s 9, 1995 c 116 s 2, 1987 c 506 s 78, 1985 c 464 s 1, 1981 c 310 s 17, 1980 c 78 s 107, 1979 ex.s. c 3 s 3, 1970 ex.s. c 29 s 2, 1957 c 176 s 2, & 1955 c 36 s 77.32.060;

(12) RCW 77.32.092 and 1994 c 255 s 1;

(13) RCW 77.32.101 and 1997 c 395 s 1, 1994 c 255 s 11, 1991 sp.s. c 7 s 1, 1985 c 464 s 2, 1981 c 310 s 20, 1980 c 78 s 110, & 1975 1st ex.s. c 15 s 20;

(14) RCW 77.32.161 and 1994 c 255 s 10, 1991 sp.s. c 7 s 2, 1985 c 464 s 3, 1981 c 310 s 22, 1980 c 78 s 112, & 1975 1st ex.s. c 15 s 27;

(15) RCW 77.32.230 and 1996 c 101 s 11, 1994 c 255 s 12, 1991 sp.s. c 7 s 5, 1988 c 176 s 914, 1987 c 506 s 85, 1985 c 464 s 6, 1985 c 182 s 2, 1983 c 280 s 1, 1981 c 310 s 27, 1980 c 78 s 117, 1973 1st ex.s. c 58 s 1, 1961 c 94 s 2, 1959 c 245 s 2, & 1955 c 36 s 77.32.230;

(16) RCW 77.32.340 and 1997 c 114 s 2, 1991 sp.s. c 7 s 8, 1990 c 84 s 5, 1985 c 464 s 8, 1984 c 240 s 5, & 1981 c 310 s 11;

(17) RCW 77.32.352 and 1995 c 59 s 1;

(18) RCW 77.32.360 and 1996 c 234 s 1, 1995 c 116 s 7, 1991 sp.s. c 7 s 10, 1990 c 84 s 7, 1987 c 506 s 88, 1985 c 464 s 10, & 1981 c 310 s 13; and

(19) RCW 77.32.390 and 1989 c 153 s 1.

NEW SECTION. Sec. 46. The following acts or parts of acts are each repealed effective April 1, 1999:

(1) RCW 75.08.274 and 1995 1st sp.s. c 2 s 15, 1983 1st ex.s. c 46 s 28, 1971 c 35 s 1, & 1955 c 12 s 75.16.010; and

(2) RCW 75.25.012 and 1997 c 58 s 880.

NEW SECTION. Sec. 47. Sections 13 through 16, 18, 19, and 44 of this act are each added to chapter 77.32 RCW.

NEW SECTION. Sec. 48. Sections 1 through 29, 33 through 35, 38 through 41, 43, and 45 of this act take effect January 1, 1999.

NEW SECTION. Sec. 49. Sections 30 through 32, 36, 37, 42, and 44 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.