BILL REQ. #:  S-2460.1 

READ FIRST TIME 02/28/07.   

     AN ACT Relating to aquatic invasive species enforcement and control; amending RCW 43.43.400, 77.12.879, 77.15.253, and 77.15.290; adding new sections to chapter 77.15 RCW; adding new sections to chapter 77.12 RCW; and prescribing penalties.

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

Sec. 1   RCW 43.43.400 and 2005 c 464 s 5 are each amended to read as follows:
     (1) The aquatic invasive species enforcement account is created in the state treasury. Moneys directed to the account from RCW 88.02.050 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.
     (2) Funds in the aquatic invasive species enforcement account may be appropriated to the Washington state patrol and the department of fish and wildlife to develop an aquatic invasive species enforcement program for recreational and commercial watercraft, which includes equipment used to transport the watercraft and auxiliary equipment such as attached or detached outboard motors. Funds must be expended as follows:
     (a) By the Washington state patrol, to inspect recreational and commercial watercraft that are required to stop at port of entry weigh stations managed by the Washington state patrol. The watercraft must be inspected for the presence of zebra mussels and other aquatic invasive species; and
     (b) By the department of fish and wildlife, to establish random check stations, ((in conjunction with the department of fish and wildlife,)) to inspect recreational and commercial watercraft ((in areas of high boating activity)) as provided for in RCW 77.12.879(3).
     (3) The Washington state patrol and the department of fish and wildlife shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005. The first report is due December 1, 2007.

Sec. 2   RCW 77.12.879 and 2005 c 464 s 3 are each amended to read as follows:
     (1) The aquatic invasive species prevention account is created in the state treasury. Moneys directed to the account from RCW 88.02.050 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.
     (2) Funds in the aquatic invasive species prevention account may be appropriated to the department to develop an aquatic invasive species prevention program for recreational and commercial watercraft. Funds must be expended as follows:
     (a) To inspect recreational and commercial watercraft, watercraft ((trailers)) transportation equipment, and outboard motors at selected boat launching sites;
     (b) To educate general law enforcement officers on how to enforce state laws relating to preventing the spread of aquatic invasive species;
     (c) To evaluate and survey the risk posed by marine recreational and commercial watercraft in spreading aquatic invasive species into Washington state waters;
     (d) To evaluate the risk posed by float planes in spreading aquatic invasive species into Washington state waters; and
     (e) To implement an aquatic invasive species early detection and rapid response plan.
     (3) Funds in the aquatic invasive species enforcement account created in RCW 43.43.400 may be appropriated to the department and Washington state patrol to develop an aquatic invasive species enforcement program for recreational and commercial watercraft. The department shall provide training to Washington state patrol employees working at port of entry weigh stations on how to inspect recreational and commercial watercraft for the presence of zebra mussels and other aquatic invasive species. The department ((shall also cooperatively work with the Washington state patrol to set up random check stations to inspect watercraft at areas of high boating activity)) is authorized to require persons transporting recreational and commercial watercraft to stop at check stations. Check stations must be plainly marked by signs, operated by at least one uniformed fish and wildlife officer, and operated in a safe manner. Any person stopped at a check station who possesses watercraft or equipment that is contaminated with prohibited aquatic animal or plant species is exempt from the criminal penalties found in RCW 77.15.253 and 77.15.290, and watercraft forfeiture provided for under section 6 of this act, if that person complies with all department directives for the proper decontamination of the watercraft and equipment.
     (4) The department shall submit a biennial report to the appropriate legislative committees describing the actions taken to implement this section along with suggestions on how to better fulfill the intent of chapter 464, Laws of 2005. The first report is due December 1, 2007.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.12 RCW to read as follows:
     (1) The department shall post signs warning vessel owners of the threat of aquatic invasive species, the penalties associated with introduction of a prohibited aquatic animal or plant species, and the proper contact information for obtaining a free inspection. The signs must be posted at all ports of entry to the state and at all boat launches owned or leased by the department. The signs should provide enough information for the public to discern whether the vessel has been operated in an area that would warrant the need for an inspection. The department shall include the same information on the department's internet site. In order to reduce the need for unnecessary inspections, the department may develop a process to assist the public in determining whether a vessel inspection is warranted via telephonic audio menu. The department shall consult with the state patrol and the department of transportation regarding proper placement and authorization for sign posting. The department must coordinate with the department of parks and recreation to include such information in all boating-related materials provided to the boating public. The department may coordinate with other states on inspection requirements and may determine when other state inspections meet Washington standards.
     (2) All port districts, privately or publicly owned marinas, state parks, and other state agencies or political subdivisions that own or lease a boat launch must display a sign as described under subsection (1) of this section. The department shall provide the signs to all port districts, privately or publicly owned marinas, state parks, and other state agencies managing boat launches. Signs must be posted in a location near the boat launch to provide maximum visibility to the public.
     (3) The department shall provide an inspection of a watercraft at no cost to the person requesting the inspection. The department shall provide an inspection receipt verifying that the watercraft is not contaminated.
     (4) The department shall provide training to all department employees that are deployed in the field to provide for efficient and timely response and inspections of recreational and commercial watercraft.

Sec. 4   RCW 77.15.253 and 2002 c 281 s 4 are each amended to read as follows:
     (1) A person is guilty of unlawful use of a prohibited aquatic animal species if he or she possesses, imports, purchases, sells, propagates, transports, or releases a prohibited aquatic animal species within the state, except as provided in this section.
     (2) Unless otherwise prohibited by law, a person may:
     (a) Transport prohibited aquatic animal species to the department, or to another destination designated by the director, in a manner designated by the director, for purposes of identifying a species or reporting the presence of a species;
     (b) Possess a prohibited aquatic animal species if he or she is in the process of removing it from watercraft or equipment in a manner specified by the department;
     (c) Release a prohibited aquatic animal species if the species was caught while fishing and it is being immediately returned to the water from which it came; or
     (d) Possess, transport, or release a prohibited aquatic animal species as the commission may otherwise prescribe.
     (3) Unlawful use of a prohibited aquatic animal species is a gross misdemeanor. A subsequent violation of subsection (1) of this section within five years is a class C felony.
     (4) A person is guilty of unlawful release of a regulated aquatic animal species if he or she releases a regulated aquatic animal species into state waters, unless allowed by the commission.
     (5) Unlawful release of a regulated aquatic animal species is a gross misdemeanor.
     (6) A person is guilty of unlawful release of an unlisted aquatic animal species if he or she releases an unlisted aquatic animal species into state waters without requesting a commission designation under RCW 77.12.020.
     (7) Unlawful release of an unlisted aquatic animal species is a gross misdemeanor.
     (8) This section does not apply to:
     (a) The transportation or release of organisms in ballast water;
     (b) A person stopped at an aquatic invasive species check station who possesses watercraft or equipment that is contaminated with a prohibited, regulated, or unlisted aquatic animal species, if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or
     (c) A person who has voluntarily submitted a recreational or commercial watercraft for inspection by the department and has received a receipt verifying that the watercraft is not contaminated.

Sec. 5   RCW 77.15.290 and 2002 c 281 s 7 are each amended to read as follows:
     (1) A person is guilty of unlawful transportation of fish or wildlife in the second degree if the person:
     (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish, shellfish, or wildlife and the transportation does not involve big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife having a value greater than two hundred fifty dollars; or
     (b) Possesses but fails to affix or notch a big game transport tag as required by rule of the commission or director.
     (2) A person is guilty of unlawful transportation of fish or wildlife in the first degree if the person:
     (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish, shellfish, or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife with a value of two hundred fifty dollars or more; or
     (b) Knowingly transports shellfish, shellstock, or equipment used in commercial culturing, taking, handling, or processing shellfish without a permit required by authority of this title.
     (3)(a) Unlawful transportation of fish or wildlife in the second degree is a misdemeanor.
     (b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor.
     (4) A person is guilty of unlawful transport of aquatic plants if the person transports aquatic plants on any state or public road, including forest roads, except as provided in this section.
     (5) Unless otherwise prohibited by law, a person may transport aquatic plants:
     (a) To the department, or to another destination designated by the director, in a manner designated by the department, for purposes of identifying a species or reporting the presence of a species;
     (b) When legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes;
     (c) When transporting a commercial aquatic plant harvester to a suitable location for purposes of removing aquatic plants;
     (d) In a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or
     (e) As the commission may otherwise prescribe.
     (6) Unlawful transport of aquatic plants is a misdemeanor.
     (7) This section does not apply to: (a) Any person stopped at an aquatic invasive species check station who possesses watercraft or equipment that is contaminated with a prohibited aquatic animal or plant species if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or (b) any person who has voluntarily submitted a recreational or commercial watercraft for inspection by the department and has received a receipt verifying that the watercraft is not contaminated.

NEW SECTION.  Sec. 6   A new section is added to chapter 77.15 RCW to read as follows:
     (1) A person is guilty of unlawfully avoiding aquatic invasive species check stations if the person fails to:
     (a) Obey check station signs; or
     (b) Stop and report at a check station if directed to do so by a uniformed fish and wildlife officer.
     (2) Unlawfully avoiding aquatic invasive species check stations is a gross misdemeanor.

NEW SECTION.  Sec. 7   A new section is added to chapter 77.15 RCW to read as follows:
     (1) A person is guilty of unlawfully introducing a prohibited aquatic animal species if the person fails to:
     (a) Have a vessel inspected by state patrol officers or state fish and wildlife officers prior to launching the vessel in Washington waters; and
     (b) The vessel is contaminated with an aquatic invasive species, as defined by the department.
     (2) The penalty for unlawfully introducing a prohibited aquatic animal species may include forfeiture of the contaminated watercraft, under RCW 77.15.070.

NEW SECTION.  Sec. 8   A new section is added to chapter 77.12 RCW to read as follows:
     The department shall develop a programmatic environmental impact statement to address the department's plan for treatment and immediate response to the introduction to Washington waters of a prohibited aquatic invasive species.