BILL REQ. #:  H-1261.1 

READ FIRST TIME 01/25/07.   

     AN ACT Relating to hunting and fishing license fees; amending RCW 77.08.010, 77.32.400, 77.32.480, 77.32.550, and 77.32.238; and repealing RCW 77.32.490.

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

Sec. 1   RCW 77.08.010 and 2005 c 104 s 1 are each amended to read as follows:
     As used in this title or rules adopted under 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; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.
     (5) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.
     (6) "Ex officio fish and wildlife 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 fish and wildlife officer" includes 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," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.
     (10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish 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, take, harvest, 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, taking, or possession of game animals, game birds, game fish, food fish, or shellfish 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, take, harvest, or possess by rule of the commission as an open season.
     (12) "Closed area" means a place where the hunting of some or all 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 or harvesting 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, old world rats and mice of the family Muridae of the order Rodentia, 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 old world rats and mice of the family Muridae of the order Rodentia.
     (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)) with a disability" ((means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices)) includes: (a) A person who has a permanent disability and is not ambulatory over natural terrain without a lower extremity prosthesis or must permanently use a medically prescribed assistive device for mobility including, but not limited to, a wheelchair, crutch, cane, walker, or oxygen bottle; (b) a person who has a permanent disability and is physically incapable of holding and safely operating a firearm or other legal hunting device or to use legal fishing or shellfishing devices that includes, but is not limited to, persons with a permanent upper or lower extremity impairment who have lost the use of one or both upper or lower extremities, or who have a severe limitation in the use of one or both upper or lower extremities, or who have a diagnosed permanent disease or disorder that substantially impairs or severely interferes with mobility or the use of one or both upper or lower extremities for holding and safely operating a firearm or other legal hunting, fishing, or shellfishing device; or (c) a person who is blind or visually impaired to the extent that central visual acuity does not exceed 20/200 in the better eye with corrective lenses, or the widest diameter of the visual field is no greater than twenty degrees.
     (28) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.
     (29) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.
     (30) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.
     (31) "Senior" means a person seventy years old or older.
     (32) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.
     (33) "Saltwater" means those marine waters seaward of river mouths.
     (34) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
     (35) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
     (36) "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.
     (37) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
     (38) "Resident" means:
     (a) 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; and
     (b) A person age eighteen or younger who does not qualify as a resident under (a) of this subsection, but who has a parent that qualifies as a resident under (a) of this subsection.
     (39) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
     (40) "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.
     (41) "Commercial" means related to or connected with buying, selling, or bartering.
     (42) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.
     (43) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.
     (44) "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.
     (45) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.
     (46) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.
     (47) "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.
     (48) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
     (49) "Invasive species" means a plant species or a nonnative animal species that either:
     (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities;
     (b) Threatens or may threaten natural resources or their use in the state;
     (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or
     (d) Threatens or harms human health.
     (50) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission.
     (51) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission.
     (52) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.
     (53) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission.
     (54) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floating-leaving plant species that grows in or near a body of water or wetland.
     (55) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.

Sec. 2   RCW 77.32.400 and 1998 c 191 s 1 are each amended to read as follows:
     (1) The commission shall authorize the director to issue designated harvester cards to persons ((of)) with a disability. The commission shall adopt rules governing the conduct of persons ((of)) with a disability who fish and harvest shellfish and their designated harvesters.
     (2) It is lawful to fish for, take, or possess the personal-use daily bag limit of fish or shellfish((, game fish, or food fish)) for a ((disabled)) person with a disability if the harvester is licensed and has a designated harvester card, and if the ((disabled)) person with a disability is present on site and in possession of ((a combination)) the appropriate fishing license issued under ((RCW 77.32.490)) this chapter. Except as provided in subsection (4) of this section, the person with a disability must be present and participating in the fishing activity.
     (3) A designated harvester card will be issued to such a licensee upon written application to the director. The application must be submitted on a department official form and must be accompanied by a licensed medical doctor's certification of disability.
     (4) A person with a ((combination fishing license issued under RCW 77.32.490)) disability utilizing the services of a designated harvester is not required to be present at the location where the designated harvester is harvesting shellfish for the ((disabled)) person with a disability. The ((licensee)) person with a disability is required to be in the direct line of sight of the designated harvester who is harvesting shellfish 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 ((licensee)) person with a disability is required to be within one-quarter mile of the designated harvester who is harvesting shellfish for him or her.
     (((5) Except as provided in subsection (4) of this section, the disabled person needs to be present and participating in the fishing activity.))

Sec. 3   RCW 77.32.480 and 1998 c 191 s 18 are each amended to read as follows:
     Upon written application, a combination fishing license shall be issued at the reduced rate of five dollars, and 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)) A resident veteran 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)) with a disability who permanently uses a wheelchair;
     (4) A resident who is blind or visually impaired; and
     (5) A resident with a developmental disability as defined in RCW 71A.10.020.

Sec. 4   RCW 77.32.550 and 2006 c 16 s 1 are each amended to read as follows:
     (1) A group fishing permit allows a group of individuals to fish, and harvest shellfish, without individual licenses or the payment of individual license fees.
     (2) The director must issue a group fishing permit on a seasonal basis to a state-operated facility or state-licensed nonprofit facility or program for ((physically or mentally disabled)) persons((, mentally ill persons)) with physical or mental disabilities, hospital patients, ((handicapped persons,)) seriously or terminally ill persons, persons who are dependent on the state because of emotional or physical developmental disabilities, or senior citizens who are in the care of the facility. The permit is valid only for use during open season.
     (3) The director may set conditions and issue a group fishing permit to groups working in partnership with and participating in department outdoor education programs. At the discretion of the director, a processing fee may be applied.
     (4) The commission may adopt rules that provide the conditions under which a group fishing permit is issued.

Sec. 5   RCW 77.32.238 and 1989 c 297 s 2 are each amended to read as follows:
     (1) A ((disabled)) hunter with a disability who possesses a disabled hunter permit and all appropriate hunting licenses may possess a loaded firearm or other legal hunting device in and may discharge a firearm or other legal hunting device from a nonmoving motor vehicle that has the engine turned off. ((Disabled hunters)) Hunters with a disability shall not be exempt from permit requirements for carrying concealed weapons, or from rules, laws, or ordinances concerning the discharge of these weapons. No hunting shall be permitted from a motor vehicle that is parked on or beside the maintained portion of a public road.
     (2) A person ((of)) with a disability holding a disabled hunter permit may be accompanied by one nondisabled licensed hunter who may assist the ((disabled)) hunter with a disability by killing game wounded by the ((disabled)) hunter with a disability, and by tagging and retrieving game killed by the ((disabled)) hunter with a disability. A nondisabled hunter shall not possess a loaded gun in, or shoot from, a motor vehicle.

NEW SECTION.  Sec. 6   RCW 77.32.490 (Reduced rate combination fishing license) and 1998 c 191 s 19 are each repealed.