Passed by the House April 16, 2007 Yeas 94   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 9, 2007 Yeas 37   ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1077 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/10/2007. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to the public disclosure of sensitive fish and wildlife data; amending RCW 42.56.430; and adding a new section to chapter 77.12 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 42.56.430 and 2005 c 274 s 423 are each amended to
read as follows:
The following information relating to fish and wildlife is exempt
from disclosure under this chapter:
(1) Commercial fishing catch data from logbooks required to be
provided to the department of fish and wildlife under RCW 77.12.047,
when the data identifies specific catch location, timing, or
methodology and the release of which would result in unfair competitive
disadvantage to the commercial fisher providing the catch data,
however, this information may be released to government agencies
concerned with the management of fish and wildlife resources;
(2) Sensitive fish and wildlife data ((obtained)). Sensitive fish
and wildlife data may be released to the following entities and their
agents for fish, wildlife, land management purposes, or scientific
research needs: Government agencies, public utilities, and accredited
colleges and universities. Sensitive fish and wildlife data may be
released to tribal governments. Sensitive fish and wildlife data may
also be released to the owner, lessee, or right-of-way or easement
holder of the private land to which the data pertains. The release of
sensitive fish and wildlife data may be subject to a confidentiality
agreement, except upon release of sensitive fish and wildlife data to
the owner, lessee, or right-of-way or easement holder of private land
who initially provided the data. Sensitive fish and wildlife data does
not include data related to reports of predatory wildlife as specified
in section 2 of this act. Sensitive fish and wildlife data must meet
at least one of the following criteria of this subsection as applied by
the department of fish and wildlife((, however, sensitive wildlife data
may be released to government agencies concerned with the management of
fish and wildlife resources. As used in this subsection, sensitive
wildlife data includes)):
(a) The nesting sites or specific locations of endangered species
designated under RCW 77.12.020, or threatened or sensitive species
classified by rule of the department of fish and wildlife;
(b) Radio frequencies used in, or locational data generated by,
telemetry studies; or
(c) Other location data that could compromise the viability of a
specific fish or wildlife population, and where at least one of the
following criteria are met:
(i) The species has a known commercial or black market value;
(ii) There is a history of malicious take of that species and the
species behavior or ecology renders it especially vulnerable; ((or))
(iii) There is a known demand to visit, take, or disturb((, and the
species behavior or ecology renders it especially vulnerable)) the
species; or
(iv) The species has an extremely limited distribution and
concentration; and
(3) The personally identifying information of persons who acquire
recreational licenses under RCW 77.32.010 or commercial licenses under
chapter 77.65 or 77.70 RCW, except name, address of contact used by the
department, and type of license, endorsement, or tag; however, the
department of fish and wildlife may disclose personally identifying
information to:
(a) Government agencies concerned with the management of fish and
wildlife resources;
(b) The department of social and health services, child support
division, and to the department of licensing in order to implement RCW
77.32.014 and 46.20.291; and
(c) Law enforcement agencies for the purpose of firearm possession
enforcement under RCW 9.41.040.
NEW SECTION. Sec. 2 A new section is added to chapter 77.12 RCW
to read as follows:
The department shall post on its internet web site all reported
predatory wildlife interactions, including reported human safety
confrontations or sightings as well as the known details of reported
depredations by predatory wildlife on humans, pets, or livestock,
within ten days of receiving the report. The posted material must
include, but is not limited to, the location and time, the known
details, and a running summary of such reported interactions by
identified specie and interaction type within each affected county.
For the purposes of this section and RCW 42.56.430, "predatory
wildlife" means grizzly bears, wolves, and cougars.