BILL REQ. #:  H-1612.1 

READ FIRST TIME 02/02/07.   

     AN ACT Relating to funding the department of fish and wildlife; amending RCW 77.12.177 and 77.95.090; reenacting and amending RCW 77.12.170; and repealing RCW 77.32.510.

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

Sec. 1   RCW 77.12.170 and 2005 c 418 s 3, 2005 c 225 s 4, 2005 c 224 s 4, and 2005 c 42 s 4 are each reenacted and amended to read as follows:
     (1) There is established in the state treasury the state wildlife account 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 assessment of administrative penalties, and the sale of licenses, permits, tags, and stamps required by chapter 77.32 RCW ((and RCW 77.65.490, except annual resident adult saltwater and all annual razor clam and 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, Wild on Washington, and Endangered Wildlife license plates and Washington's Wildlife license plate collection as provided in chapter 46.16 RCW;
     (f) Articles or wildlife sold by the director under this title;
     (g) Compensation for damage to department property or wildlife losses or contributions, 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 fish, shellfish, or wildlife violations;
     (j) The department's share of revenues from auctions and raffles authorized by the commission; ((and))
     (k) The sale of watchable wildlife decals under RCW 77.32.560; and
     (l) The sale of commercial licenses and permits required under this title.
     (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 account.
     (3) As part of the allotment process for the state wildlife account, any statement of proposed expenditures prepared by the commission or department under RCW 43.88.110 shall require an ending fund balance in the state wildlife account of not less than five percent of the projected biennial revenues to the account, and any additional employment positions created by the department or commission and funded at least in part from the state wildlife account or transfers from the state wildlife account must be specifically approved by the office of financial management as a part of any allotments for that purpose.
     (4) Beginning November 1, 2007, and again on every odd year thereafter, the commission shall submit or update to the office of financial management and the appropriate committees of the legislature a six-year financial plan for the state wildlife account.

Sec. 2   RCW 77.12.177 and 2001 c 253 s 16 are each amended to read as follows:
     (1) Except as provided in this title, state and county officers receiving ((the following)) moneys for damages to food fish or shellfish shall deposit them in the state general fund((:
     (a) The sale of commercial licenses required under this title, except for licenses issued under RCW 77.65.490; and
     (b) Moneys received for damages to food fish or shellfish)).
     (2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.
     (3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the department shall be remitted as provided in chapter 3.62 RCW.
     (4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.
     (5) Proceeds from the sale of salmon carcasses and salmon eggs from state general funded hatcheries by the department of general administration shall be deposited in the regional fisheries enhancement group account established in RCW 77.95.090.
     (6) Moneys received by the commission under RCW 77.12.039, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.
     (7) Proceeds from the sale of herring spawn on kelp fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.

Sec. 3   RCW 77.95.090 and 2000 c 107 s 106 are each amended to read as follows:
     (1) 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 portion of each recreational fishing license fee shall be used as provided in RCW 77.32.440.))
     (2) The department shall deposit the following into the regional fisheries enhancement group account:
     (a) All revenue from a surcharge of one hundred dollars, which shall be collected on each commercial salmon fishery license, ((each)) salmon delivery license, and ((each)) salmon charter license sold in the state((.));
     (b) All revenue from the department's sale of salmon carcasses and eggs that return to group facilities; and
     (c)(i) Two dollars for each recreational fishing license sold to an individual intending to fish for salmon, steelhead, marine fish, or sturgeon.
     (ii) To determine the number of individuals intending to fish for salmon, steelhead, marine fish, or sturgeon, the department shall conduct an annual survey of a portion of the individuals who purchased a recreational fishing license in that year. The survey must be designed to determine the percentage of licensees surveyed who intended to, or actually did, fish for salmon, steelhead, marine fish, or sturgeon. The department shall multiply the percentage number of individuals intending to fish for salmon, steelhead, marine fish, or sturgeon against the total number of recreational fishing licenses sold to determine the total number of recreational fishing licenses that were sold to individuals intending to fish for salmon, steelhead, marine fish, or sturgeon.
     (3) All receipts ((shall be)) placed in the regional fisheries enhancement group account ((and shall)) under this section must be used exclusively for regional fisheries enhancement group projects for the purposes of RCW 77.95.110, except for revenue collected under subsection (2)(b) of this section, which must be made available for use by the regional fisheries enhancement group that produced the surplus salmon eggs or carcasses.
     (4) 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.))
     (5) The commission shall adopt rules to implement this section pursuant to chapter 34.05 RCW.

NEW SECTION.  Sec. 4   RCW 77.32.510 (Recreational license fees--Disposition of appropriation) and 1998 c 191 s 43 are each repealed.