BILL REQ. #:  H-1912.1 

READ FIRST TIME 02/12/07.   

     AN ACT Relating to sampling of fish, wildlife, and shellfish by department of fish and wildlife employees; amending RCW 77.15.360; adding a new section to chapter 77.12 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature intends that sampling of fish, wildlife, and shellfish by department of fish and wildlife employees will ensure the conservation and management of fish, shellfish, and wildlife. Because the harvest of fish and wildlife is regulated by the department, the legislature finds that sampling by departmental employees will benefit the resource, and will further the department's research related to fish, wildlife, and shellfish. This act does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.12 RCW to read as follows:
     (1) Department employees, in carrying out their duties under this title on public lands or state waters, may:
     (a) Collect samples of tissue, fluids, or other bodily parts of fish, wildlife, or shellfish; or
     (b) Board vessels in state waters engaged in commercial and recreational harvest activities to collect samples of fish, wildlife, or shellfish.
     (i) Department employees shall ask permission from the owner or his or her agent before boarding vessels in state waters.
     (ii) If an employee of the department is denied access to any vessel where access was sought for the purposes of (b) of this subsection, the department employee may apply to any court of competent jurisdiction for a search warrant authorizing access to the vessel in order to carry out their duties under this section. The court may upon application issue a search warrant for the purposes requested.
     (2) Department employees must have official identification, announce their presence and intent, and perform their duties in a safe and professional manner while carrying out the activities in this section.
     (3) This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.
     (4) This section does not apply to fish and wildlife officers and ex officio fish and wildlife officers carrying out their duties under this title.

Sec. 3   RCW 77.15.360 and 2000 c 107 s 243 are each amended to read as follows:
     (1) A person is guilty of unlawful interfering in department operations if the person prevents department employees from carrying out duties authorized by this title, including but not limited to interfering:
     (a) In the operation of department vehicles, vessels, or aircraft; or
     (b) With the collection of samples of tissue, fluids, or other bodily parts of fish, wildlife, and shellfish under section 2 of this act.
     (2) Unlawful interfering in department operations is a gross misdemeanor.