H-3047.1 _______________________________________________
HOUSE BILL 2368
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Representatives Buck, Hatfield, Schoesler, Sump, DeBolt, Pearson, Roach, McMorris, Boldt, Mielke, Mulliken, Holmquist, Ahern, Morell and Grant
Read first time 01/16/2002. Referred to Committee on Natural Resources.
AN ACT Relating to the state legislative fish and wildlife committee; adding a new chapter to Title 77 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) All powers, duties, and functions of the state fish and wildlife commission are transferred to the legislative fish and wildlife committee. All references to the state fish and wildlife commission in the Revised Code of Washington shall be construed to mean the legislative fish and wildlife committee when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state fish and wildlife commission pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the legislative fish and wildlife committee. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state fish and wildlife commission in carrying out the powers, functions, and duties transferred shall be made available to the legislative fish and wildlife committee. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the legislative fish and wildlife committee.
(b) Any appropriations made to the state fish and wildlife commission for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the legislative fish and wildlife committee.
(c) 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.
(3) All rules and all pending business before the state fish and wildlife commission pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the legislative fish and wildlife committee. All existing contracts and obligations shall remain in full force and shall be performed by the legislative fish and wildlife committee.
(4) The transfer of the powers, duties, functions, and personnel of the state fish and wildlife commission shall not affect the validity of any act performed before the effective date of this section.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, 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. 2. The legislative fish and wildlife committee is created. The committee consists of six senators to be appointed by the president of the senate and six members of the house of representatives to be appointed by the speaker of the house of representatives. Not more than three members from the senate or the house of representatives may be from the same political party. A list of appointees must be submitted before the close of each regular legislative session during an odd-numbered year or any successive special session convened by the governor or the legislature prior to the close of the regular session or a successive special session for confirmation of senate members, by the senate, and house of representative members, by the house of representatives. Vacancies occurring must be filled by the appointing authority. All vacancies must be filled from the same political party and from the same chamber as the member whose seat was vacated. The committee must adopt rules and procedures for its orderly operation.
NEW SECTION. Sec. 3. The committee must:
(1) Adopt rules and establish direction for implementing legislative policy for fish and wildlife species;
(2) Monitor the department's implementation of the goals, policies, and objectives established by the committee;
(3) Classify wildlife and adopt rules governing the time, place, manner, and methods used to harvest or enjoy fish and wildlife;
(4) Handle all general administrative and personnel duties related to the committee;
(5) Determine the number of committee staff needed to fulfill the duties of the committee;
(6) Establish policies for committee staff;
(7) Adopt an interim work plan and meeting schedule; and
(8) Approve all contracts signed on behalf of the committee.
NEW SECTION. Sec. 4. The fish and wildlife citizen advisory council is created, and is composed of nine members appointed by the governor. Persons eligible for appointment as members of the fish and wildlife citizens advisory council must have general knowledge of the habits and distribution of fish and wildlife and may not hold another state, county, or municipal elective or appointive office. The governor must appoint the members of the fish and wildlife citizens advisory council with the advice and consent of the senate. In making these appointments, the governor must seek to maintain a balance reflecting all aspects of fish and wildlife, including representation recommended by organized groups representing sportfishers, commercial fishers, hunters, private landowners, and environmentalists. Three members of the fish and wildlife citizens advisory council must be residents of that portion of the state lying east of the summit of the Cascade mountains, and three members must be residents of that portion of the state lying west of the summit of the Cascade mountains. Three additional members of the fish and wildlife citizens advisory council are appointed at-large. No two members may be residents of the same county. Members of the fish and wildlife citizens advisory council serve four‑year terms. Of the initial members appointed to the council, three members serve two-year terms, three members serve three-year terms, and three members serve four-year terms. Thereafter, members of the council are appointed to four‑year terms. Vacancies to the fish and wildlife citizens advisory council must be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position being vacated. Members must be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 5. (1) The fish and wildlife citizen advisory council is authorized and directed to ascertain, study, and analyze all available facts and matters relating or pertaining to:
(a) Wildlife, fish, and shellfish in the state;
(b) Preservation, protection, and management of wildlife, food fish, game fish, and shellfish in the waters of the state and offshore water;
(c) Conserving the wildlife, food fish, game fish, and shellfish resources in a manner that does not impair the resource;
(d) The department's mandate to maintain the economic well-being and stability of the state's fishing industry;
(e) The department's actions to promote orderly fisheries in the state, and to enhance and improve recreational and commercial fishing in the state;
(f) The taking of wildlife, food fish, game fish, and shellfish in the state as authorized by the committee;
(g) The committee's efforts to maximize the public recreational game fishing and hunting opportunities of all citizens, including juveniles, disabled persons, and senior citizens;
(h) The department's work with volunteer groups and individuals to achieve the goals expressed in Title 77 RCW; and
(i) Bills assigned to the natural resources committees in the senate and the house of representatives.
(2) The fish and wildlife citizens advisory council is authorized to ascertain, study, and analyze all available facts and matters relating or pertaining to sources of revenue, appropriations, expenditures, and the financial condition of the state wildlife fund and all other funds or accounts related to fish and wildlife programs of the state.
NEW SECTION. Sec. 6. Sections 1 through 5 of this act take effect June 30, 2002.
NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 77 RCW.
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