BILL REQ. #: S-1518.2
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 02/15/2007. Referred to Committee on Natural Resources, Ocean & Recreation.
AN ACT Relating to providing management authority over food fish and shellfish resources to the director of fish and wildlife; amending RCW 77.04.012, 77.04.040, 77.04.055, 77.04.130, 77.04.140, 77.04.160, 77.08.010, 77.08.022, 77.12.010, 77.12.020, 77.12.045, 77.12.047, 77.12.152, 77.12.275, 77.12.285, 77.12.320, 77.12.325, 77.12.330, 77.12.420, 77.12.455, 77.12.755, 77.12.865, 77.12.870, 77.12.875, 77.12.878, 77.12.879, 77.15.096, 77.15.120, 77.15.130, 77.15.160, 77.15.250, 77.15.253, 77.15.290, 77.15.530, 77.15.554, 77.15.590, 77.32.025, 77.32.070, 77.32.430, 77.32.500, 77.50.010, 77.50.020, 77.50.040, 77.50.050, 77.50.070, 77.50.090, 77.50.100, 77.50.110, 77.55.011, 77.55.081, 77.55.091, 77.55.191, 77.60.020, 77.60.030, 77.60.100, 77.60.110, 77.60.120, 77.60.150, 77.65.020, 77.65.030, 77.65.050, 77.65.070, 77.65.080, 77.65.090, 77.65.130, 77.65.160, 77.65.180, 77.65.310, 77.65.320, 77.65.350, 77.65.420, 77.65.510, 77.65.520, 77.70.010, 77.70.130, 77.70.150, 77.70.180, 77.70.190, 77.70.210, 77.70.330, 77.70.350, 77.70.400, 77.70.410, 77.70.420, 77.70.430, 77.70.450, 77.70.460, 77.70.470, 77.75.020, 77.75.040, 77.75.140, 77.85.220, 77.85.230, 77.95.010, 77.95.020, 77.95.030, 77.95.040, 77.95.060, 77.95.090, 77.95.100, 77.95.110, 77.95.140, 77.95.200, 77.95.210, 77.95.270, 77.95.300, 77.95.310, 77.100.040, 77.105.010, 77.105.020, 77.105.030, 77.105.040, 77.105.050, 77.105.060, 77.105.070, 77.105.090, 77.105.130, 77.115.010, 77.120.030, 77.120.040, 77.120.050, 77.120.060, 77.120.090, 77.125.040, 15.85.010, 16.36.005, 43.17.020, 69.30.070, 79.105.430, 79.135.030, 79.135.230, 79.135.320, 79.135.410, 87.84.061, and 90.03.360; creating new sections; and repealing RCW 77.04.013.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that the state's food
fish and shellfish resources are of great cultural and economic value
to the state, providing benefits to commercial and recreational
fishers, resource-based communities, the tourism industry, and all the
citizens of Washington.
The legislature finds that management of this precious resource is
a challenging task that requires constant attention to issues including
habitat, biology, harvest, water quality and quantity, and monitoring.
Food fish and shellfish management also requires regular discussions
and negotiations with local, regional, national, international, and
tribal entities.
In order to achieve the long-term sustainability of Washington's
food fish and shellfish resource, the state must have a mechanism to
evaluate and hold the manager of this resource accountable for those
rules and policies adopted or foregone. The legislature finds that it
is in the best interest of both Washington and the resource to provide
management authority over food fish and shellfish to an individual who
has expertise in fisheries issues, who is available full time to
respond to matters involving the resource, and who may readily be held
accountable to the people of the state, to the legislature, and to the
governor.
Thus, the legislature intends for the director of fish and wildlife
to manage the state's food fish and shellfish resources. Further, the
legislature intends for the director to exercise all authorities and
rule-making power provided to the department regarding: Management and
harvest of food fish and shellfish; licensing and management of the
state's commercial fisheries; aquatic animal species infestations;
hydraulic project approvals and fishways; salmon enhancement and
recovery activities; aquaculture disease control; ballast water
management; and marine fin fish aquaculture programs.
NEW SECTION. Sec. 2 (1) This act transfers management authority
and rule-making power over food fish, shellfish, and other specified
matters from the fish and wildlife commission to the director of the
department of fish and wildlife. No substantive fish and wildlife
policy changes are intended.
(2) The transfer of management authority and rule-making power from
the fish and wildlife commission to the director of the department of
fish and wildlife provided for in this act does not invalidate policies
or rules adopted under the authority of the fish and wildlife
commission prior to the effective date of this section.
Sec. 3 RCW 77.04.012 and 2000 c 107 s 2 are each amended to read
as follows:
Wildlife, fish, and shellfish are the property of the state. The
commission, director, and the department shall preserve, protect,
perpetuate, and manage the wildlife and food fish, game fish, and
shellfish in state waters and offshore waters.
The department shall conserve the wildlife and food fish, game
fish, and shellfish resources in a manner that does not impair the
resource. In a manner consistent with this goal, the department shall
seek to maintain the economic well-being and stability of the fishing
industry in the state. The department shall promote orderly fisheries
and shall enhance and improve recreational and commercial fishing in
this state.
The ((commission)) department may authorize the taking of wildlife,
food fish, game fish, and shellfish only at times or places, or in
manners or quantities, as in the judgment of the ((commission))
department does not impair the supply of these resources.
The ((commission)) department shall attempt to maximize the public
recreational game fishing and hunting opportunities of all citizens,
including juvenile, ((disabled)) individuals with disabilities, and
senior citizens.
Recognizing that the management of our state wildlife, food fish,
game fish, and shellfish resources depends heavily on the assistance of
volunteers, the department shall work cooperatively with volunteer
groups and individuals to achieve the goals of this title to the
greatest extent possible.
Nothing in this title shall be construed to infringe on the right
of a private property owner to control the owner's private property.
Sec. 4 RCW 77.04.040 and 1995 1st sp.s. c 2 s 3 are each amended
to read as follows:
Persons eligible for appointment as members of the commission shall
have general knowledge of the habits and distribution of game fish and
wildlife and shall not hold another state, county, or municipal
elective or appointive office. In making these appointments, the
governor shall seek to maintain a balance reflecting all aspects of
game fish and wildlife, including representation recommended by
organized groups representing sportfishers, ((commercial fishers,))
hunters, private landowners, and environmentalists. Persons eligible
for appointment as fish and wildlife commissioners shall comply with
the provisions of chapters 42.52 and 42.17 RCW.
Sec. 5 RCW 77.04.055 and 2000 c 107 s 204 are each amended to
read as follows:
(1) In establishing policies to preserve, protect, and perpetuate
wildlife, game fish, and wildlife and game fish habitat, the commission
shall meet annually with the governor to:
(a) Review and prescribe basic goals and objectives related to
those policies; and
(b) Review the performance of the department in implementing game
fish and wildlife policies.
The commission shall maximize fishing, hunting, and outdoor
recreational opportunities compatible with healthy and diverse game
fish and wildlife populations.
(2) The commission shall establish hunting seasons, trapping
seasons, and fishing seasons for game fish and prescribe the time,
place, manner, and methods that may be used to harvest or enjoy game
fish and wildlife.
(3) The ((commission)) director shall establish provisions
regulating food fish and shellfish as provided in RCW 77.12.047.
(4) The commission shall have final approval authority for tribal,
interstate, international, and any other department agreements relating
to game fish and wildlife. The director shall have final approval
authority for tribal, interstate, international, and any other
department agreements relating to food fish and shellfish.
(5) The commission and the director shall adopt rules to implement
the state's fish and wildlife laws.
(6) The ((commission)) director shall have final approval authority
for the department's budget proposals.
(7) The commission shall select its own staff ((and shall appoint
the director of the department)). ((The director and)) Commission
staff shall serve at the pleasure of the commission.
Sec. 6 RCW 77.04.130 and 1995 1st sp.s. c 2 s 12 are each amended
to read as follows:
(1) Rules of the commission shall be adopted by the commission or
a designee in accordance with chapter 34.05 RCW. Rules of the director
shall be adopted by the director or a designee in accordance with
chapter 34.05 RCW.
(2) Rules of the commission or the director shall be admitted as
evidence in the courts of the state when accompanied by an affidavit
from the commission or the director, or a designee, certifying that the
rule has been lawfully adopted and the affidavit is prima facie
evidence of the adoption of the rule.
(3) The commission and the director may designate department
employees to act on the commission's and the director's behalf in the
adoption and certification of rules.
Sec. 7 RCW 77.04.140 and 1995 1st sp.s. c 2 s 13 are each amended
to read as follows:
Provisions of this title or rules of the commission or the director
shall not be printed in a pamphlet unless the pamphlet is clearly
marked as an unofficial version. This section does not apply to
printings approved by the commission or the director.
Sec. 8 RCW 77.04.160 and 2001 c 337 s 5 are each amended to read
as follows:
(1) The ((department)) director shall prepare an annual surplus
salmon report. This report shall include the disposition of adult
salmonids that have returned to salmonid hatchery facilities operated
under the jurisdiction of the state that:
(a) Have not been harvested; and
(b) Were not allowed to escape for natural spawning.
(2) The report shall include, by species, the number and estimated
weight of surplus salmon and steelhead and a description of the
disposition of the adult carcasses including, but not limited to, the
following categories:
(a) Disposed in landfills;
(b) Transferred to another government agency for reproductive
purposes;
(c) Sold to contract buyers in the round;
(d) Sold to contract buyers after spawning;
(e) Transferred to Native American tribes;
(f) Donated to food banks; and
(g) Used in stream nutrient enrichment programs.
(3) The report shall also include, by species, information on the
number of requests for viable salmon eggs, the number of these requests
that were granted and the number that were denied, the geographic areas
for which these requests were granted or denied, and a brief
explanation given for each denial of a request for viable salmon eggs.
(4) The report shall be included in the biennial state of the
salmon report required by RCW 77.85.020 and other similar state reports
on salmon.
(5) The report shall include an assessment of the infrastructure
needs and facility modifications necessary to implement chapter 337,
Laws of 2001.
Sec. 9 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 or the director 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 the director or that have otherwise been deemed legal to
hunt, fish, take, harvest, or possess by rule of the commission or the
director. "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 or the
director 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 or the
director as an open season or that have not otherwise been deemed legal
to hunt, fish, take, harvest, or possess by rule of the commission or
the director 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 disability" means a permanently disabled person who
is not ambulatory without the assistance of a wheelchair, crutches, or
similar devices.
(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)) director. 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)) director.
(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)) director.
(52) "Unregulated aquatic animal species" means a nonnative animal
species that has been classified as an unregulated aquatic animal
species by the ((commission)) director.
(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)) director.
(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. 10 RCW 77.08.022 and 2000 c 107 s 208 are each amended to
read as follows:
"Food fish" means those species of the classes Osteichthyes,
Agnatha, and Chondrichthyes that have been classified and that shall
not be fished for except as authorized by rule of the ((commission))
director. The term "food fish" includes all stages of development and
the bodily parts of food fish species.
Sec. 11 RCW 77.12.010 and 2000 c 107 s 210 are each amended to
read as follows:
The commission or the director shall not adopt rules that
categorically prohibit fishing with bait or artificial lures in
streams, rivers, beaver ponds, and lakes except that the commission and
the director may adopt rules and regulations restricting fishing
methods upon a determination by the director that an individual body of
water or part thereof clearly requires a fishing method prohibition to
conserve or enhance the fisheries resource or to provide selected
fishing alternatives.
Sec. 12 RCW 77.12.020 and 2002 c 281 s 3 are each amended to read
as follows:
(1) The director shall investigate the habits and distribution of
the various species of wildlife native to or adaptable to the habitats
of the state. The commission shall determine whether a species should
be managed by the department and, if so, classify it under this
section.
(2) The commission may classify by rule wild animals as game
animals and game animals as fur-bearing animals.
(3) The commission may classify by rule wild birds as game birds or
predatory birds. All wild birds not otherwise classified are protected
wildlife.
(4) In addition to those species listed in RCW 77.08.020, the
commission may classify by rule as game fish other species of the class
Osteichthyes that are commonly found in fresh water except those
classified as food fish by the director.
(5) The director may recommend to the commission that a species of
wildlife should not be hunted or fished. The commission may designate
species of wildlife as protected.
(6) If the director determines that a species of wildlife is
seriously threatened with extinction in the state of Washington, the
director may request its designation as an endangered species. The
commission may designate an endangered species.
(7) If the director determines that a species of the animal
kingdom, not native to Washington, is dangerous to the environment or
wildlife of the state, the director may request its designation as
deleterious exotic wildlife. The commission may designate deleterious
exotic wildlife.
(8) ((Upon recommendation by the director, the commission)) The
director may classify nonnative aquatic animal species according to the
following categories:
(a) Prohibited aquatic animal species: These species are
considered by the ((commission)) director to have a high risk of
becoming an invasive species and may not be possessed, imported,
purchased, sold, propagated, transported, or released into state waters
except as provided in RCW 77.15.253;
(b) Regulated aquatic animal species: These species are considered
by the ((commission)) director to have some beneficial use along with
a moderate, but manageable risk of becoming an invasive species, and
may not be released into state waters, except as provided in RCW
77.15.253. The ((commission)) director shall classify the following
commercial aquaculture species as regulated aquatic animal species, and
allow their release into state waters pursuant to rule of the
((commission)) director: Pacific oyster (Crassostrea gigas), kumamoto
oyster (Crassostrea sikamea), European flat oyster (Ostrea edulis),
eastern oyster (Crassostrea virginica), manila clam (Tapes
philippinarum), blue mussel (Mytilus galloprovincialis), and suminoe
oyster (Crassostrea ariankenisis);
(c) Unregulated aquatic animal species: These species are
considered by the ((commission)) director as having some beneficial use
along with a low risk of becoming an invasive species, and are not
subject to regulation under this title;
(d) Unlisted aquatic animal species: These species are not
designated as a prohibited aquatic animal species, regulated aquatic
animal species, or unregulated aquatic animal species by the
((commission)) director, and may not be released into state waters.
Upon request, the ((commission)) director may determine the appropriate
category for an unlisted aquatic animal species and classify the
species accordingly;
(e) This subsection (8) does not apply to the transportation or
release of nonnative aquatic animal species by ballast water or ballast
water discharge.
(9) ((Upon recommendation by)) The director((, the commission)) may
develop a work plan to eradicate native aquatic species that threaten
human health. Priority shall be given to water bodies that the
department of health has classified as representing a threat to human
health based on the presence of a native aquatic species.
Sec. 13 RCW 77.12.045 and 2001 c 253 s 13 are each amended to
read as follows:
Consistent with federal law, the ((commission's)) department's
authority extends to all areas and waters within the territorial
boundaries of the state, to the offshore waters, and to the concurrent
waters of the Columbia river.
Consistent with federal law, the ((commission's)) department's
authority extends to fishing in offshore waters by residents of this
state.
The ((commission)) director may adopt rules consistent with the
regulations adopted by the United States department of commerce for the
offshore waters. The ((commission)) director may adopt rules
consistent with the recommendations or regulations of the Pacific
marine fisheries commission, Columbia river compact, the Pacific salmon
commission as provided in chapter 77.75 RCW, or the international
Pacific halibut commission.
Sec. 14 RCW 77.12.047 and 2001 c 253 s 14 are each amended to
read as follows:
(1) The commission may adopt, amend, or repeal rules as follows:
(a) Specifying the times when the taking of wildlife((,)) or game
fish((, or shellfish)) is lawful or unlawful.
(b) Specifying the areas and waters in which the taking and
possession of wildlife((,)) or game fish((, or shellfish)) is lawful or
unlawful.
(c) Specifying and defining the gear, appliances, or other
equipment and methods that may be used to take wildlife((,)) or game
fish((, or shellfish,)) and specifying the times, places, and manner in
which the equipment may be used or possessed.
(d) Regulating the importation, transportation, possession,
disposal, landing, and sale of wildlife((,)) or game fish((, shellfish,
or seaweed)) within the state, whether acquired within or without the
state.
(e) Regulating the prevention and suppression of diseases and pests
affecting wildlife((,)) or game fish((, or shellfish)).
(f) Regulating the size, sex, species, and quantities of
wildlife((,)) or game fish((, or shellfish)) that may be taken,
possessed, sold, or disposed of.
(g) Specifying the statistical and biological reports required from
fishers, dealers, boathouses, or processors of wildlife((,)) or game
fish((, or shellfish)).
(h) ((Classifying species of marine and freshwater life as food
fish or shellfish.)) Classifying the species of wildlife((
(i),)) and game fish((, and
shellfish)) that may be used for purposes other than human consumption.
(((j))) (i) Regulating the taking, sale, possession, and
distribution of wildlife, game fish, ((shellfish,)) or deleterious
exotic wildlife.
(((k))) (j) Establishing game reserves and closed areas where
hunting for wild animals or wild birds may be prohibited.
(((l))) (k) Regulating the harvesting of game fish((, shellfish,))
and wildlife in the federal exclusive economic zone by vessels or
individuals registered or licensed under the laws of this state.
(((m))) (l) Authorizing issuance of permits to release, plant, or
place game fish ((or shellfish)) in state waters.
(((n))) (m) Governing the possession of game fish((, shellfish,))
or wildlife so that the size, species, or sex can be determined
visually in the field or while being transported.
(((o))) (n) Other rules necessary to carry out this title and the
purposes and duties of the ((department)) commission.
(2) The director may adopt, amend, or repeal rules as follows:
(a) Specifying the times when the taking of food fish or shellfish
is lawful or unlawful.
(b) Specifying the areas and waters in which the taking and
possession of food fish or shellfish is lawful or unlawful.
(c) Specifying and defining the gear, appliances, or other
equipment and methods that may be used to take food fish or shellfish
and specifying the times, places, and manner in which the equipment may
be used or possessed.
(d) Regulating the importation, transportation, possession,
disposal, landing, and sale of food fish, shellfish, or seaweed within
the state, whether acquired within or without the state.
(e) Regulating the prevention and suppression of diseases and pests
affecting food fish or shellfish.
(f) Regulating the size, sex, species, and quantities of food fish
or shellfish that may be taken, possessed, sold, or disposed of.
(g) Specifying the statistical and biological reports required from
fishers, dealers, boathouses, or processors of food fish or shellfish.
(h) Classifying species of marine and freshwater life as food fish
or shellfish.
(i) Classifying the species of food fish and shellfish that may be
used for purposes other than human consumption.
(j) Regulating the taking, sale, possession, and distribution of
food fish or shellfish.
(k) Regulating the harvesting of food fish and shellfish in the
federal exclusive economic zone by vessels or individuals registered or
licensed under the laws of this state.
(l) Authorizing issuance of permits to release, plant, or place
food fish or shellfish in state waters.
(m) Governing the possession of food fish or shellfish so that the
size, species, or sex can be determined visually in the field or while
being transported.
(n) Other rules necessary to carry out this title and the purposes
and duties of the director.
(3) Subsection((s (1))) (2)(a), (b), (c), (d), and (f) of this
section ((do)) does not apply to private tideland owners and lessees
and the immediate family members of the owners or lessees of state
tidelands, when they take or possess oysters, clams, cockles, borers,
or mussels, excluding razor clams, produced on their own private
tidelands or their leased state tidelands for personal use.
"Immediate family member" for the purposes of this section means a
spouse, brother, sister, grandparent, parent, child, or grandchild.
(((3))) (4) Except for subsections (1)(g) and (2)(g) of this
section, this section does not apply to private sector cultured aquatic
products as defined in RCW 15.85.020. Subsections (1)(g) and (2)(g) of
this section ((does)) apply to such products.
Sec. 15 RCW 77.12.152 and 1995 1st sp.s. c 2 s 14 are each
amended to read as follows:
The ((commission)) director may designate the boundaries of fishing
areas by driving piling or by establishing monuments or by description
of landmarks or section lines and directional headings.
Sec. 16 RCW 77.12.275 and 1995 1st sp.s. c 2 s 7 are each amended
to read as follows:
The ((commission)) director may negotiate agreements with the
United States department of defense to coordinate fishing in state
waters over which the department of defense has assumed control.
Sec. 17 RCW 77.12.285 and 2000 c 107 s 6 are each amended to read
as follows:
(1) The ((commission)) director may enter into agreements with and
receive funds from the United States for the construction, maintenance,
and operation of fish cultural stations, laboratories, and devices in
the Columbia River basin for improvement of feeding and spawning
conditions for fish, for the protection of migratory fish from
irrigation projects and for facilitating free migration of fish over
obstructions.
(2) The director and the department may acquire by gift, purchase,
lease, easement, or condemnation the use of lands where the
construction or improvement is to be carried on by the United States.
Sec. 18 RCW 77.12.320 and 2001 c 253 s 19 are each amended to
read as follows:
(1) The commission may make agreements with persons, political
subdivisions of this state, or the United States or its agencies or
instrumentalities, regarding fish, shellfish, and wildlife-oriented
recreation and the propagation, protection, conservation, and control
of game fish((, shellfish,)) and wildlife. The director may make
agreements with persons, political subdivisions of this state, or the
United States or its agencies or instrumentalities, regarding the
propagation, protection, conservation, and control of food fish and
shellfish.
(2) The director may make written agreements with the owners or
lessees of real or personal property to provide for the use of the
property for fish, shellfish, and wildlife-oriented recreation. The
director may adopt rules governing the conduct of persons in or on the
real property.
(3) The director may accept compensation for fish, shellfish, and
wildlife losses or gifts or grants of personal property for use by the
department.
Sec. 19 RCW 77.12.325 and 2001 c 253 s 20 are each amended to
read as follows:
The commission may cooperate with the Oregon fish and wildlife
commission in the adoption of rules to ensure an annual yield of game
fish((, shellfish,)) and wildlife on the Columbia river and to prevent
the taking of game fish((, shellfish,)) and wildlife at places or times
that might endanger fish, shellfish, and wildlife. The director may
cooperate with the Oregon fish and wildlife commission in the adoption
of rules to ensure an annual yield of food fish and shellfish on the
Columbia river and to prevent the taking of food fish and shellfish at
places or times that might endanger fish, shellfish, and wildlife.
Sec. 20 RCW 77.12.330 and 1980 c 78 s 53 are each amended to read
as follows:
The commission, with regard to game fish, and the director, with
regard to food fish and shellfish, may establish by rule exclusive
fishing waters for minors within specified ages.
Sec. 21 RCW 77.12.420 and 1987 c 506 s 46 are each amended to
read as follows:
The director may spend moneys to improve natural growing conditions
for fish by constructing fishways, installing screens, and removing
obstructions to migratory fish. The eradication of undesirable fish
shall be authorized by the ((commission)) director. The director may
enter into cooperative agreements with state, county, municipal, and
federal agencies, and with private individuals for these purposes.
Sec. 22 RCW 77.12.455 and 2001 c 253 s 22 are each amended to
read as follows:
The ((commission)) director may prohibit the introduction,
transportation, or transplanting of fish, shellfish, organisms,
material, or other equipment which in the ((commission's)) director's
judgment may transmit any disease or pests affecting fish or shellfish.
Sec. 23 RCW 77.12.755 and 2003 c 311 s 10 are each amended to
read as follows:
In coordination with the department of natural resources and lead
entity groups, the ((department)) director must establish a ranked
inventory of fish passage barriers on land owned by small forest
landowners based on the principle of fixing the worst first within a
watershed consistent with the fish passage priorities of the forest and
fish report. The ((department)) director shall first gather and
synthesize all available existing information about the locations and
impacts of fish passage barriers in Washington. This information must
include, but not be limited to, the most recently available limiting
factors analysis conducted pursuant to RCW 77.85.060(2), the stock
status information contained in the department of fish and wildlife
salmonid stock inventory (SASSI), the salmon and steelhead habitat
inventory and assessment project (SSHIAP), and any comparable science-based assessment when available. The inventory of fish passage
barriers must be kept current and at a minimum be updated by the
beginning of each calendar year. Nothing in this section grants the
department or others additional right of entry onto private property.
Sec. 24 RCW 77.12.865 and 2005 c 146 s 1004 are each amended to
read as follows:
(1) As used in this section and RCW 77.12.870, "derelict fishing
gear" includes lost or abandoned fishing nets, fishing lines, crab
pots, shrimp pots, and other commercial and recreational fishing
equipment. The term does not include lost or abandoned vessels.
(2) The ((department)) director, in partnership with the Northwest
straits commission, the department of natural resources, and other
interested parties, must publish guidelines for the safe removal and
disposal of derelict fishing gear. The guidelines must be completed by
August 31, 2002, and made available to any person interested in
derelict fishing gear removal.
(3) Derelict fishing gear removal conducted in accordance with the
guidelines prepared in subsection (2) of this section is not subject to
permitting under RCW 77.55.021.
Sec. 25 RCW 77.12.870 and 2002 c 20 s 3 are each amended to read
as follows:
(1) The ((department)) director, in consultation with the Northwest
straits commission, the department of natural resources, and other
interested parties, must create and maintain a data base of known
derelict fishing gear, including the type of gear and its location.
(2) A person who loses or abandons commercial fishing gear within
the waters of the state is encouraged to report the location of the
loss and the type of gear lost to the department within forty-eight
hours of the loss.
(3) The ((department)) director, in consultation with fishing
industry groups and tribal comanagers, must evaluate methods to reduce
future losses of fishing gear and report the results of this evaluation
to the appropriate legislative committees by January 1, 2003.
Sec. 26 RCW 77.12.875 and 2002 c 281 s 5 are each amended to read
as follows:
(1) The ((commission)) director may designate by rule state waters
as infested if the director determines that these waters contain a
prohibited aquatic animal species.
(2) The ((commission)) director, in consultation with the
department of ecology, may designate state waters as infested if it is
determined that these waters contain an invasive aquatic plant species.
(3) The ((department)) director shall work with the aquatic
nuisance species committee and its member agencies to create
educational materials informing the public of state waters that are
infested with invasive species, and advise them of applicable rules and
practices designed to reduce the spread of the invasive species
infesting the waters.
Sec. 27 RCW 77.12.878 and 2002 c 281 s 6 are each amended to read
as follows:
(1) The director shall create a rapid response plan in cooperation
with the aquatic nuisance species committee and its member agencies
that describes actions to be taken when a prohibited aquatic animal
species is found to be infesting a water body. These actions include
eradication or control programs where feasible and containment of
infestation where practical through notification, public education, and
the enforcement of regulatory programs.
(2) The ((commission)) director may adopt rules to implement the
rapid response plan.
(3) The director, the department of ecology, and the Washington
state parks and recreation commission may post signs at water bodies
that are infested with aquatic animal species that are classified as
prohibited aquatic animal species under RCW 77.12.020 or with invasive
species of the plant kingdom. The signs should identify the prohibited
plant and animal species present and warn users of the water body of
the hazards and penalties for possessing and transporting these
species. Educational signs may be placed at uninfested sites.
Sec. 28 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 watercraft. Funds must be expended
as follows:
(a) To inspect watercraft, watercraft trailers, 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
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) The department shall provide training to Washington state
patrol employees working at port of entry weigh stations on how to
inspect recreational 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.
(4) The ((department)) director 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. 29 RCW 77.15.096 and 2002 c 128 s 5 are each amended to read
as follows:
Fish and wildlife officers may inspect without warrant at
reasonable times and in a reasonable manner the premises, containers,
fishing equipment, fish, seaweed, shellfish, and wildlife, and records
required by the department of any commercial fisher or wholesale dealer
or fish buyer. Fish and wildlife officers may similarly inspect
without warrant the premises, containers, fishing equipment, fish,
shellfish, and wildlife, and records required by the department of any
shipping agent or other person placing or attempting to place fish,
shellfish, or wildlife into interstate commerce, any cold storage plant
that the department has probable cause to believe contains fish,
shellfish, or wildlife, or of any taxidermist or fur buyer. Fish and
wildlife officers may inspect without warrant the records required by
the department of any retail outlet selling fish, shellfish, or
wildlife, and, if the officers have probable cause to believe a
violation of this title or rules of the commission or the director has
occurred, they may inspect without warrant the premises, containers,
and fish, shellfish, and wildlife of any retail outlet selling fish,
shellfish, or wildlife. Authority granted under this section does not
extend to quarters in a boat, building, or other property used
exclusively as a private domicile, does not extend to transitory
residences in which a person has a reasonable expectation of privacy,
and does not allow search and seizure without a warrant if the thing or
place is protected from search without warrant within the meaning of
Article I, section 7 of the state Constitution.
Sec. 30 RCW 77.15.120 and 2000 c 107 s 236 are each amended to
read as follows:
(1) A person is guilty of unlawful taking of endangered fish or
wildlife in the second degree if the person hunts, fishes, possesses,
maliciously harasses or kills fish or wildlife, or maliciously destroys
the nests or eggs of fish or wildlife and the fish or wildlife is
designated by the commission or the director as endangered, and the
taking has not been authorized by rule of the commission or of the
director.
(2) A person is guilty of unlawful taking of endangered fish or
wildlife in the first degree if the person has been:
(a) Convicted under subsection (1) of this section or convicted of
any crime under this title involving the killing, possessing,
harassing, or harming of endangered fish or wildlife; and
(b) Within five years of the date of the prior conviction the
person commits the act described by subsection (1) of this section.
(3)(a) Unlawful taking of endangered fish or wildlife in the second
degree is a gross misdemeanor.
(b) Unlawful taking of endangered fish or wildlife in the first
degree is a class C felony. The department shall revoke any licenses
or tags used in connection with the crime and order the person's
privileges to hunt, fish, trap, or obtain licenses under this title to
be suspended for two years.
Sec. 31 RCW 77.15.130 and 1998 c 190 s 14 are each amended to
read as follows:
(1) A person is guilty of unlawful taking of protected fish or
wildlife if:
(a) The person hunts, fishes, possesses, or maliciously kills
protected fish or wildlife, or the person possesses or maliciously
destroys the eggs or nests of protected fish or wildlife, and the
taking has not been authorized by rule of the commission or of the
director; or
(b) The person violates any rule of the commission or of the
director regarding the taking, harming, harassment, possession, or
transport of protected fish or wildlife.
(2) Unlawful taking of protected fish or wildlife is a misdemeanor.
Sec. 32 RCW 77.15.160 and 2000 c 107 s 237 are each amended to
read as follows:
A person is guilty of an infraction, which shall be cited and
punished as provided under chapter 7.84 RCW, if the person:
(1) Fails to immediately record a catch of fish or shellfish on a
catch record card required by RCW 77.32.430, or required by rule of the
commission or of the director under this title; or
(2) Fishes for personal use using barbed hooks in violation of any
rule; or
(3) Violates any other rule of the commission or director that is
designated by rule as an infraction.
Sec. 33 RCW 77.15.250 and 2001 c 253 s 32 are each amended to
read as follows:
(1)(a) A person is guilty of unlawfully releasing, planting, or
placing fish, shellfish, or wildlife if the person knowingly releases,
plants, or places live fish, shellfish, wildlife, or aquatic plants
within the state, and the fish, shellfish, or wildlife have not been
classified as deleterious wildlife. This subsection does not apply to
a release of game fish into private waters for which a game fish
stocking permit has been obtained, or the planting of food fish or
shellfish by permit of the ((commission)) director.
(b) A violation of this subsection is a gross misdemeanor. In
addition, the department shall order the person to pay all costs the
department incurred in capturing, killing, or controlling the fish,
shellfish, aquatic plants, or wildlife released or its progeny. This
does not affect the existing authority of the department to bring a
separate civil action to recover costs of capturing, killing,
controlling the fish, shellfish, aquatic plants, or wildlife released
or their progeny, or restoration of habitat necessitated by the
unlawful release.
(2)(a) A person is guilty of unlawful release of deleterious exotic
wildlife if the person knowingly releases, plants, or places live fish,
shellfish, or wildlife within the state and such fish, shellfish, or
wildlife has been classified as deleterious exotic wildlife by rule of
the commission.
(b) A violation of this subsection is a class C felony. In
addition, the department shall also order the person to pay all costs
the department incurred in capturing, killing, or controlling the fish,
shellfish, or wildlife released or its progeny. This does not affect
the existing authority of the department to bring a separate civil
action to recover costs of capturing, killing, controlling the fish,
shellfish, or wildlife released or their progeny, or restoration of
habitat necessitated by the unlawful release.
Sec. 34 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)) director 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)) director.
(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)) director
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 the transportation or release of
organisms in ballast water.
Sec. 35 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)) director, 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)) director may otherwise prescribe.
(6) Unlawful transport of aquatic plants is a misdemeanor.
Sec. 36 RCW 77.15.530 and 2000 c 107 s 249 are each amended to
read as follows:
(1) A person who holds a fishery license required by chapter 77.65
RCW, or who holds an operator's license and is designated as an
alternate operator on a fishery license required by chapter 77.65 RCW,
is guilty of unlawful use of a nondesignated vessel if the person
takes, fishes for, or delivers from that fishery using a vessel not
designated on the person's license, when vessel designation is required
by chapter 77.65 RCW.
(2) Unlawful use of a nondesignated vessel is a gross misdemeanor.
(3) A nondesignated vessel may be used, subject to appropriate
notification to the department and in accordance with rules established
by the ((commission)) director, when a designated vessel is inoperative
because of accidental damage or mechanical breakdown.
(4) If the person commits the act described by subsection (1) of
this section and the vessel designated on the person's fishery license
was used by any person in the fishery on the same day, then the
violation for using a nondesignated vessel is a class C felony. Upon
conviction the ((department)) director shall order revocation and
suspension of all commercial fishing privileges under chapter 77.65 RCW
for a period of one year.
Sec. 37 RCW 77.15.554 and 2003 c 386 s 4 are each amended to read
as follows:
(1) The license suspension review committee is created. The
license suspension review committee may only hear appeals from
commercial fishers who have had a license revoked or suspended pursuant
to RCW 77.15.552.
(2)(a) The license suspension review committee is composed of five
voting members and up to four alternates.
(b) Two of the members must be appointed by the director and may be
department employees.
(c) Three members, and up to four alternates, must be peer-group
members, who are individuals owning a commercial fishing license issued
by the department. If a peer-group member appears before the license
suspension review committee because of a qualifying commercial fishing
violation, the member must recuse himself or herself from the
proceedings relating to that violation. No two voting peer-group
members may reside in the same county. All peer-group members must be
appointed by the ((commission)) director, who may accept
recommendations from professional organizations that represent
commercial fishing interests or from the legislative authority of any
Washington county.
(d) All license suspension review committee members serve a two-year renewable term.
(e) The ((commission)) director may develop minimum member
standards for service on the license suspension review committee, and
standards for terminating a member before the expiration of his or her
term.
(3) The license suspension review committee must convene and
deliver an opinion on a license renewal suspension within three months
of appeal or of referral from the department. The director shall
consider the committee's opinion and make a decision and may issue, not
issue, or modify the license suspension.
(4) The license suspension review committee shall collect the
information and hear the testimony that it feels necessary to deliver
an opinion on the proper length, if any, of a suspension of a
commercial license. The opinion may be based on extenuating
circumstances presented by the individual convicted of the qualifying
commercial fishing violation or considerations of the type and
magnitude of violations that have been committed by the individual.
The maximum length of any suspension may not exceed one year.
(5) All opinions of the license suspension review committee must be
by a majority vote of all voting members. Alternate committee members
may only vote when one of the voting members is unavailable, has been
recused, or has decided not to vote on the case before the committee.
Nonvoting alternates may be present and may participate at all license
suspension review committee meetings.
(6) Members of the license suspension review committee serve as
volunteers, and are not eligible for compensation other than travel
expenses pursuant to RCW 43.03.050 and 43.03.060.
(7) Staff of the license suspension review committee must be
provided by the department.
Sec. 38 RCW 77.15.590 and 1998 c 190 s 51 are each amended to
read as follows:
(1) A person is guilty of unlawful use of a commercial fishing
vessel, except as may be authorized by rule of the ((commission))
director, for recreational or charter fishing if the person uses,
operates, or controls a vessel on the same day for both:
(a) Charter or recreational fishing; and
(b) Commercial fishing or shellfish harvesting.
(2) Unlawful use of a commercial fishing vessel for recreational or
charter fishing is a gross misdemeanor.
Sec. 39 RCW 77.32.025 and 1998 c 191 s 9 are each amended to read
as follows:
Notwithstanding RCW 77.32.010, the commission with regard to game
fish, and the director with regard to food fish and shellfish, may
adopt rules designating times and places for the purposes of family
fishing days when licenses and catch record cards are not required to
fish or to harvest shellfish.
Sec. 40 RCW 77.32.070 and 2005 c 418 s 1 are each amended to read
as follows:
(1) Applicants for a license, permit, tag, or stamp shall furnish
the information required by the director. However, the director may
not require the purchaser of a razor clam license under RCW 77.32.520
to provide any personal information except for proof of residency. The
commission may adopt rules requiring licensees or permittees to keep
records and make reports concerning the taking of or effort to harvest
game fish((, shellfish,)) and wildlife. The director may adopt rules
requiring licensees or permittees to keep records and make reports
concerning the taking of or effort to harvest food fish and shellfish.
The reporting requirement may be waived where, for any reason, the
department is not able to receive the report. The department must
provide reasonable options for a licensee to submit information to a
live operator prior to the reporting deadline.
(2) The commission may, by rule, set an administrative penalty for
failure to comply with rules requiring the reporting of taking or
effort to harvest wildlife. The commission may also adopt rules
requiring hunters who have not reported for the previous license year
to complete a report and pay the assessed administrative penalty before
a new hunting license is issued.
(a) The total administrative penalty per hunter set by the
commission must not exceed ten dollars.
(b) By December 31st of each year, the department shall report the
rate of hunter compliance with the harvest reporting requirement, the
administrative penalty imposed for failing to report, and the amount of
administrative penalties collected during that year to the appropriate
fiscal and policy committees of the senate and house of
representatives.
Sec. 41 RCW 77.32.430 and 2005 c 192 s 2 are each amended to read
as follows:
(1) Catch record card information is necessary for proper
management of the state's food fish and game fish species and shellfish
resources. Catch record card administration shall be under rules
adopted by the commission for game fish, and by the director for food
fish and shellfish. There is no charge for an initial catch record
card. Each subsequent or duplicate catch record card costs ten
dollars.
(2) A license to take and possess Dungeness crab is only valid in
Puget Sound waters east of the Bonilla-Tatoosh line if the fisher has
in possession a valid catch record card officially endorsed for
Dungeness crab. The endorsement shall cost no more than three dollars,
including any or all fees authorized under RCW 77.32.050, when
purchased for a personal use saltwater, combination, or shellfish and
seaweed license. The endorsement shall cost no more than one dollar,
including any or all fees authorized under RCW 77.32.050, when
purchased for a temporary combination fishing license authorized under
RCW 77.32.470(3)(a).
(3) Catch record cards issued with affixed temporary short-term
charter stamp licenses are not subject to the ten-dollar charge nor to
the Dungeness crab endorsement fee provided for in this section.
Charter boat or guide operators issuing temporary short-term charter
stamp licenses shall affix the stamp to each catch record card issued
before fishing commences. Catch record cards issued with a temporary
short-term charter stamp are valid for one day.
(4) The ((department)) director shall include provisions for
recording marked and unmarked salmon in catch record cards issued after
March 31, 2004.
(5) The funds received from the sale of catch record cards and the
Dungeness crab endorsement must be deposited into the state wildlife
((fund)) account. The funds received from the Dungeness crab
endorsement may be used only for the sampling, monitoring, and
management of catch associated with the Dungeness crab recreational
fisheries. Moneys allocated under this section shall supplement and
not supplant other federal, state, and local funds used for Dungeness
crab recreational fisheries management.
Sec. 42 RCW 77.32.500 and 1998 c 191 s 41 are each amended to
read as follows:
In order to simplify fishing license requirements in transition
areas between saltwater and freshwater, the commission may adopt rules
designating specific waters where either a freshwater or a saltwater
license is valid for game fish, and the director may adopt rules
designating specific waters where either a freshwater or a saltwater
license is valid for food fish or shellfish.
Sec. 43 RCW 77.50.010 and 2002 c 311 s 2 are each amended to read
as follows:
(1) The ((commission)) director may authorize commercial fishing
for sockeye salmon within the waters described in subsection (2) of
this section only during the period June 10th to July 25th and for
other salmon only from the second Monday of September through November
30th, except during the hours between 4:00 p.m. of Friday and 4:00 p.m.
of the following Sunday.
(2) All waters east and south of a line commencing at a concrete
monument on Angeles Point in Clallam county near the mouth of the Elwha
River on which is inscribed "Angeles Point Monument" (latitude 48° 9'
3" north, longitude 123° 33' 01" west of Greenwich Meridian); thence
running east on a line 81° 30' true across the flashlight and bell buoy
off Partridge Point and thence continued to longitude 122° 40' west;
thence north to the southerly shore of Sinclair Island; thence along
the southerly shore of the island to the most easterly point of the
island; thence 46° true to Carter Point, the most southerly point of
Lummi Island; thence northwesterly along the westerly shore line of
Lummi Island to where the shore line intersects line of longitude 122°
40' west; thence north to the mainland, including: The southerly
portion of Hale Passage, Bellingham Bay, Padilla Bay, Fidalgo Bay,
Guemes Channel, Skagit Bay, Similk Bay, Saratoga Passage, Holmes
Harbor, Possession Sound, Admiralty Inlet, Hood Canal, Puget Sound, and
their inlets, passages, waters, waterways, and tributaries.
(3) The ((commission)) director may authorize commercial fishing
for salmon with gill net, purse seine, and other lawful gear prior to
the second Monday in September within the waters of Hale Passage,
Bellingham Bay, Samish Bay, Padilla Bay, Fidalgo Bay, Guemes Channel,
Skagit Bay, and Similk Bay, to wit: Those waters northerly and
easterly of a line commencing at Stanwood, thence along the south shore
of Skagit Bay to Rocky Point on Camano Island; thence northerly to
Polnell Point on Whidbey Island.
(4) Whenever the ((commission)) director determines that a stock or
run of salmon cannot be harvested in the usual manner, and that the
stock or run of salmon may be in danger of being wasted and surplus to
natural or artificial spawning requirements, the ((commission))
director may authorize units of gill net and purse seine gear in any
number or equivalents, by time and area, to fully utilize the
harvestable portions of these salmon runs for the economic well being
of the citizens of this state. Gill net and purse seine gear other
than emergency and test gear authorized by the director shall not be
used in Lake Washington.
(5) The ((commission)) director may authorize commercial fishing
for pink salmon in each odd-numbered year from August 1st through
September 1st in the waters lying inside of a line commencing at the
most easterly point of Dungeness Spit and thence projected to Point
Partridge on Whidbey Island and a line commencing at Olele Point and
thence projected easterly to Bush Point on Whidbey Island.
Sec. 44 RCW 77.50.020 and 1998 c 190 s 76 are each amended to
read as follows:
(1) The ((commission)) director may authorize commercial fishing
for coho salmon in the Pacific Ocean and the Straits of Juan de Fuca
only from June 16th through October 31st.
(2) The ((commission)) director may authorize commercial fishing
for chinook salmon in the Pacific Ocean and the Straits of Juan de Fuca
only from March 15th through October 31st.
Sec. 45 RCW 77.50.040 and 1998 c 190 s 78 are each amended to
read as follows:
(1) The ((commission)) director shall adopt rules defining
geographical boundaries of the following Columbia river tributaries and
sloughs:
(a) Washougal river;
(b) Camas slough;
(c) Lewis river;
(d) Kalama river;
(e) Cowlitz river;
(f) Elokomin river;
(g) Elokomin sloughs;
(h) Skamokawa sloughs;
(i) Grays river;
(j) Deep river;
(k) Grays bay.
(2) The ((commission)) director may authorize commercial net
fishing for salmon in the tributaries and sloughs from September 1st to
November 30th only, if the time, areas, and level of effort are
regulated in order to maximize the recreational fishing opportunity
while minimizing excess returns of fish to hatcheries. The
((commission)) director shall not authorize commercial net fishing if
a significant catch of steelhead would occur.
Sec. 46 RCW 77.50.050 and 1998 c 190 s 79 are each amended to
read as follows:
The ((commission)) director shall not authorize use of reef net
fishing gear except in the reef net areas described in this section.
(1) Point Roberts reef net fishing area includes those waters
within 250 feet on each side of a line projected 129° true from a point
at longitude 123° 01' 15" W. latitude 48° 58' 38" N. to a point one
mile distant, as such description is shown upon the United States Coast
and Geodetic Survey map numbered 6300, published September, 1941, in
Washington, D.C., eleventh edition.
(2) Cherry Point reef net fishing area includes those waters inland
and inside the 10-fathom line between lines projected 205° true from
points on the mainland at longitude 122° 44' 54" latitude 48° 51' 48"
and longitude 122° 44' 18" latitude 48° 51' 33", ((a [as])) as such
descriptions are shown upon the United States Coast and Geodetic Survey
map numbered 6380, published March, 1947, in Washington, D.C., eighth
edition.
(3) Lummi Island reef net fishing area includes those waters inland
and inside a line projected from Village Point 208° true to a point 900
yards distant, thence 129° true to the point of intersection with a
line projected 259° true from the shore of Lummi Island 122° 40' 42"
latitude 48° 41' 32", as such descriptions are shown upon the United
States Coast and Geodetic Survey map numbered 6380, published March,
1947, in Washington, D.C., eighth edition, revised 11-25-57, save and
except that there shall be excluded therefrom all waters lying inside
of a line projected 259° true from a point at 122° 40' 42" latitude 48°
41' 32" to a point 300 yards distant from high tide, thence in a
northerly direction to the United States Coast and Geodetic Survey
reference mark number 2, 1941-1950, located on that point on Lummi
Island known as Lovers Point, as such descriptions are shown upon the
United States Coast and Geodetic Survey map number 6380 as aforesaid.
The term "Village Point" as used herein shall be construed to mean a
point of location on Village Point, Lummi Island, at the mean high tide
line on a true bearing of 43° 53' a distance of 457 feet to the center
of the chimney of a wood frame house on the east side of the county
road. Said chimney and house being described as Village Point Chimney
on page 612 of the United States Coast and Geodetic Survey list of
geographic positions No. G-5455, Rosario Strait.
(4) Sinclair Island reef net fishing area includes those waters
inland and inside a line projected from the northern point of Sinclair
Island to Boulder reef, thence 200° true to the northwesterly point of
Sinclair Island, as such descriptions are shown upon the United States
Coast and Geodetic Survey map numbered 6380, published March, 1947, in
Washington, D.C., eighth edition.
(5) Flat Point reef net fishing area includes those waters within
a radius of 175 feet of a point off Lopez Island located at longitude
122° 55' 24" latitude 48° 32' 33", as such description is shown upon
the United States Coast and Geodetic Survey map numbered 6380,
published March, 1947, in Washington, D.C., eighth edition.
(6) Lopez Island reef net fishing area includes those waters within
400 yards of shore between lines projected true west from points on the
shore of Lopez Island at longitude 122° 55' 04" latitude 48° 31' 59"
and longitude 122° 55' 54" latitude 48° 30' 55", as such descriptions
are shown upon the United States Coast and Geodetic Survey map numbered
6380, published March, 1947, in Washington, D.C., eighth edition.
(7) Iceberg Point reef net fishing area includes those waters
inland and inside a line projected from Davis Point on Lopez Island to
the west point of Long Island, thence to the southern point of Hall
Island, thence to the eastern point at the entrance to Jones Bay, and
thence to the southern point at the entrance to Mackaye Harbor on Lopez
Island; and those waters inland and inside a line projected 320° from
Iceberg Point light on Lopez Island, a distance of 400 feet, thence
easterly to the point on Lopez Island at longitude 122° 53' 00"
latitude 48° 25' 39", as such descriptions are shown upon the United
States Coast and Geodetic Survey map numbered 6380, published March,
1947, in Washington, D.C., eighth edition.
(8) Aleck Bay reef net fishing area includes those waters inland
and inside a line projected from the southwestern point at the entrance
to Aleck Bay on Lopez Island at longitude 122° 51' 11" latitude 48° 25'
14" southeasterly 800 yards to the submerged rock shown on U.S.G.S. map
number 6380, thence northerly to the cove on Lopez Island at longitude
122° 50' 49" latitude 48° 25' 42", as such descriptions are shown upon
the United States Coast and Geodetic Survey map numbered 6380,
published March, 1947, in Washington, D.C., eighth edition.
(9) Shaw Island reef net fishing area number 1 includes those
waters within 300 yards of shore between lines projected true south
from points on Shaw Island at longitude 122° 56' 14" latitude 48° 33'
28" and longitude 122° 57' 29" latitude 48° 32' 58", as such
descriptions are shown upon the United States Coast and Geodetic Survey
map numbered 6380, published March, 1947, in Washington, D.C., eighth
edition.
(10) Shaw Island reef net fishing area number 2 includes those
waters inland and inside a line projected from Point George on Shaw
Island to the westerly point of Neck Point on Shaw Island, as such
description is shown upon the United States Coast and Geodetic Survey
map numbered 6380, published March, 1947, in Washington, D.C., eighth
edition.
(11) Stuart Island reef net fishing area number 1 includes those
waters within 600 feet of the shore of Stuart Island between lines
projected true east from points at longitude 123° 10' 47" latitude 48°
39' 47" and longitude 123° 10' 47" latitude 48° 39' 33", as such
descriptions are shown upon the United States Coast and Geodetic Survey
map numbered 6380, published March, 1947, in Washington, D.C., eighth
edition.
(12) Stuart Island reef net fishing area number 2 includes those
waters within 250 feet of Gossip Island, also known as Happy Island, as
such description is shown upon the United States Coast and Geodetic
Survey map numbered 6380, published March, 1947, in Washington, D.C.,
eighth edition.
(13) Johns Island reef net fishing area includes those waters
inland and inside a line projected from the eastern point of Johns
Island to the northwestern point of Little Cactus Island, thence
northwesterly to a point on Johns Island at longitude 123° 09' 24"
latitude 48° 39' 59", as such descriptions are shown upon the United
States Coast and Geodetic Survey map numbered 6380, published March,
1947, in Washington, D.C., eighth edition.
(14) Battleship Island reef net fishing area includes those waters
lying within 350 feet of Battleship Island, as such description is
shown upon the United States Coast and Geodetic Survey map numbered
6380, published March, 1947, in Washington, D.C., eighth edition.
(15) Open Bay reef net fishing area includes those waters lying
within 150 feet of shore between lines projected true east from a point
on Henry Island at longitude 123° 11' 34 1/2" latitude 48° 35' 27 1/2"
at a point 250 feet south, as such descriptions are shown upon the
United States Coast and Geodetic Survey map numbered 6380, published
March, 1947, in Washington, D.C., eighth edition.
(16) Mitchell Reef net fishing area includes those waters within a
line beginning at the rock shown on U.S.G.S. map number 6380 at
longitude 123° 10' 56" latitude 48° 34' 49 1/2", and projected 50 feet
northwesterly, thence southwesterly 250 feet, thence southeasterly 300
feet, thence northeasterly 250 feet, thence to the point of beginning,
as such descriptions are shown upon the United States Coast and
Geodetic Survey map numbered 6380, published March, 1947, in
Washington, D.C., eighth edition.
(17) Smugglers Cove reef fishing area includes those waters within
200 feet of shore between lines projected true west from points on the
shore of San Juan Island at longitude 123° 10' 29" latitude 48° 33' 50"
and longitude 123° 10' 31" latitude 48° 33' 45", as such descriptions
are shown upon the United States Coast and Geodetic Survey map numbered
6380, published March, 1947, in Washington, D.C., eighth edition.
(18) Andrews Bay reef net fishing area includes those waters lying
within 300 feet of the shore of San Juan Island between a line
projected true south from a point at the northern entrance of Andrews
Bay at longitude 123° 09' 53 1/2" latitude 48° 33' 00" and the cable
crossing sign in Andrews Bay, at longitude 123° 09' 45" latitude 48°
33' 04", as such descriptions are shown upon the United States Coast
and Geodetic Survey map numbered 6380, published March, 1947, in
Washington, D.C., eighth edition.
(19) Orcas Island reef net fishing area includes those waters
inland and inside a line projected true west a distance of 1,000 yards
from the shore of Orcas Island at longitude 122° 57' 40" latitude 48°
41' 06" thence northeasterly to a point 500 feet true west of Point
Doughty, then true east to Point Doughty, as such descriptions are
shown upon the United States Coast and Geodetic Survey map numbered
6380, published March, 1947, in Washington, D.C., eighth edition.
Sec. 47 RCW 77.50.070 and 1998 c 190 s 80 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, the
((commission)) director shall not authorize gear other than troll gear
or angling gear for taking salmon within the offshore waters or the
waters of the Pacific Ocean over which the state has jurisdiction lying
west of the following line: Commencing at the point of intersection of
the international boundary line in the Strait of Juan de Fuca and a
line drawn between the lighthouse on Tatoosh Island in Clallam County
and Bonilla Point on Vancouver Island; thence southerly to the
lighthouse on Tatoosh Island; thence southerly to the most westerly
point of Cape Flattery; thence southerly along the state shoreline of
the Pacific Ocean, crossing any river mouths at their most westerly
points of land, to Point Brown at the entrance to Grays Harbor; thence
southerly to Point Chehalis Light on Point Chehalis; thence southerly
from Point Chehalis along the state shoreline of the Pacific Ocean to
the Cape Shoalwater tower at the entrance to Willapa Bay; thence
southerly to Leadbetter Point; thence southerly along the state
shoreline of the Pacific Ocean to the inshore end of the North jetty at
the entrance to the Columbia River; thence southerly to the knuckle of
the South jetty at the entrance to said river.
(2) The ((commission)) director may authorize the use of nets for
taking salmon in the waters described in subsection (1) of this section
for scientific investigations.
Sec. 48 RCW 77.50.090 and 1998 c 190 s 82 are each amended to
read as follows:
The ((commission)) director shall not authorize commercial bottom
trawling for food fish and shellfish in all areas of Hood Canal south
of a line projected from Tala Point to Foulweather Bluff and in Puget
Sound south of a line projected from Foulweather Bluff to Double Bluff
and including all marine waters east of Whidbey Island and Camano
Island.
Sec. 49 RCW 77.50.100 and 1998 c 190 s 83 are each amended to
read as follows:
The ((commission)) director shall not authorize any commercial
fisher to use more than fifty shrimp pots while commercially fishing
for shrimp in that portion of Hood Canal lying south of the Hood Canal
floating bridge.
Sec. 50 RCW 77.50.110 and 1998 c 190 s 84 are each amended to
read as follows:
The ((commission)) director shall not authorize angling gear or
other personal use gear for commercial salmon fishing.
Sec. 51 RCW 77.55.011 and 2005 c 146 s 101 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Bed" means the land below the ordinary high water lines of
state waters. This definition does not include irrigation ditches,
canals, storm water runoff devices, or other artificial watercourses
except where they exist in a natural watercourse that has been altered
by man.
(2) "Board" means the hydraulic appeals board created in RCW
77.55.301.
(3) (("Commission" means the state fish and wildlife commission.)) "Department" means the department of fish and wildlife,
acting under the authority of, and rules adopted by, the director.
(4)
(((5))) (4) "Director" means the director of the department of fish
and wildlife.
(((6))) (5) "Emergency" means an immediate threat to life, the
public, property, or of environmental degradation.
(((7))) (6) "Hydraulic project" means the construction or
performance of work that will use, divert, obstruct, or change the
natural flow or bed of any of the salt or freshwaters of the state.
(((8))) (7) "Imminent danger" means a threat by weather, water
flow, or other natural conditions that is likely to occur within sixty
days of a request for a permit application.
(((9))) (8) "Marina" means a public or private facility providing
boat moorage space, fuel, or commercial services. Commercial services
include but are not limited to overnight or live-aboard boating
accommodations.
(((10))) (9) "Marine terminal" means a public or private commercial
wharf located in the navigable water of the state and used, or intended
to be used, as a port or facility for the storing, handling,
transferring, or transporting of goods to and from vessels.
(((11))) (10) "Ordinary high water line" means the mark on the
shores of all water that will be found by examining the bed and banks
and ascertaining where the presence and action of waters are so common
and usual, and so long continued in ordinary years as to mark upon the
soil or vegetation a character distinct from the abutting upland.
Provided, that in any area where the ordinary high water line cannot be
found, the ordinary high water line adjoining saltwater is the line of
mean higher high water and the ordinary high water line adjoining fresh
water is the elevation of the mean annual flood.
(((12))) (11) "Permit" means a hydraulic project approval permit
issued under this chapter.
(((13))) (12) "Sandbars" includes, but is not limited to, sand,
gravel, rock, silt, and sediments.
(((14))) (13) "Small scale prospecting and mining" means the use of
only the following methods: Pans; nonmotorized sluice boxes;
concentrators; and minirocker boxes for the discovery and recovery of
minerals.
(((15))) (14) "Spartina," "purple loosestrife," and "aquatic
noxious weeds" have the same meanings as defined in RCW 17.26.020.
(((16))) (15) "Streambank stabilization" means those projects that
prevent or limit erosion, slippage, and mass wasting. These projects
include, but are not limited to, bank resloping, log and debris
relocation or removal, planting of woody vegetation, bank protection
using rock or woody material or placement of jetties or groins, gravel
removal, or erosion control.
(((17))) (16) "Tide gate" means a one-way check valve that prevents
the backflow of tidal water.
(((18))) (17) "Waters of the state" and "state waters" means all
salt and fresh waters waterward of the ordinary high water line and
within the territorial boundary of the state.
Sec. 52 RCW 77.55.081 and 2005 c 146 s 401 are each amended to
read as follows:
(1) By June 30, 1997, the ((department)) director shall develop
rules for projects conducted solely for the removal or control of
various aquatic noxious weeds other than spartina and purple
loosestrife and for activities or hydraulic projects for controlling
purple loosestrife not covered by RCW 77.55.051(2). Following the
adoption of the rules, the department shall produce and distribute a
pamphlet describing the methods of removing or controlling the aquatic
noxious weeds that are approved under the rules. The pamphlet serves
as the permit for any project that is conducted solely for the removal
or control of such aquatic noxious weeds and that is conducted as
described in the pamphlet. No further permit is required for such a
project.
(2) From time to time as information becomes available, the
((department)) director shall adopt similar rules for additional
aquatic noxious weeds or additional activities for removing or
controlling aquatic noxious weeds not governed by RCW 77.55.051 (1) and
(2) and shall produce and distribute one or more pamphlets describing
these methods of removal or control. Such a pamphlet serves as the
permit for any project that is conducted solely for the removal or
control of such aquatic noxious weeds and that is conducted as
described in the pamphlet. No further permit is required for such a
project.
(3) Nothing in this section shall prohibit the department from
requiring a permit for those parts of hydraulic projects that are not
specifically for the control or removal of spartina, purple
loosestrife, or other aquatic noxious weeds.
Sec. 53 RCW 77.55.091 and 2005 c 146 s 402 are each amended to
read as follows:
(1) Small scale prospecting and mining shall not require a permit
under this chapter if the prospecting is conducted in accordance with
rules established by the ((department)) director.
(2) By December 31, 1998, the ((department)) director shall adopt
rules applicable to small scale prospecting and mining activities
subject to this section. The ((department)) director shall develop the
rules in cooperation with the recreational mining community and other
interested parties.
(3) Within two months of adoption of the rules, the department
shall distribute an updated gold and fish pamphlet that describes
methods of mineral prospecting that are consistent with the
((department's)) director's rule. The pamphlet shall be written to
clearly indicate the prospecting methods that require a permit under
this chapter and the prospecting methods that require compliance with
the pamphlet. To the extent possible, the department shall use the
provisions of the gold and fish pamphlet to minimize the number of
specific provisions of a written permit issued under this chapter.
Sec. 54 RCW 77.55.191 and 2005 c 146 s 506 are each amended to
read as follows:
(1) Except for the north fork of the Lewis river and the White
Salmon river, all streams and rivers tributary to the Columbia river
downstream from McNary dam are established as an anadromous fish
sanctuary. This sanctuary is created to preserve and develop the food
fish and game fish resources in these streams and rivers and to protect
them against undue industrial encroachment.
(2) Within the sanctuary area:
(a) The department shall not issue a permit to construct a dam
greater than twenty-five feet high within the migration range of
anadromous fish as determined by the department.
(b) A person shall not divert water from rivers and streams in
quantities that will reduce the respective stream flow below the annual
average low flow, based upon data published in United States geological
survey reports.
(3) The ((commission)) director may acquire and abate a dam or
other obstruction, or acquire any water right vested on a sanctuary
stream or river, which is in conflict with the provisions of subsection
(2) of this section.
(4) Subsection (2)(a) of this section does not apply to the
sediment retention structure to be built on the North Fork Toutle river
by the United States army corps of engineers.
Sec. 55 RCW 77.60.020 and 1995 1st sp.s. c 2 s 28 are each
amended to read as follows:
Only upon recommendation of the ((commission)) director may the
state oyster reserves be sold, leased, or otherwise disposed of by the
department of natural resources.
Sec. 56 RCW 77.60.030 and 2000 c 107 s 22 are each amended to
read as follows:
It is the policy of the state to improve state oyster reserves so
that they are productive and yield a revenue sufficient for their
maintenance. In fixing the price of oysters and other shellfish sold
from the reserves, the director shall take into consideration this
policy. It is also the policy of the state to maintain the oyster
reserves to furnish shellfish to growers and processors and to stock
public beaches.
Shellfish may be harvested from state oyster reserves for personal
use as prescribed by rule of the director.
The director shall periodically inventory the state oyster reserves
and assign the reserve lands into management categories:
(1) Native Olympia oyster broodstock reserves;
(2) Commercial shellfish harvesting zones;
(3) Commercial shellfish propagation zones designated for long-term
leasing to private aquaculturists;
(4) Public recreational shellfish harvesting zones;
(5) Unproductive land.
The director shall manage each category of oyster reserve land to
maximize the sustained yield production of shellfish consistent with
the purpose for establishment of each management category.
The ((commission)) director shall develop an oyster reserve
management plan, to include recommendations for leasing reserve lands,
in coordination with the shellfish industry, by January 1, 1986.
The director shall protect, reseed, improve the habitat of, and
replant state oyster reserves. The director shall also issue cultch
permits and oyster reserve fishery licenses.
Sec. 57 RCW 77.60.100 and 2000 c 107 s 26 are each amended to
read as follows:
The ((commission)) director may examine the clam, mussel, and
oyster beds located on aquatic lands belonging to the state and request
the commissioner of public lands to withdraw these lands from sale and
lease for the purpose of establishing reserves or public beaches. The
director shall conserve, protect, and develop these reserves and the
oyster, shrimp, clam, and mussel beds on state lands.
Sec. 58 RCW 77.60.110 and 1998 c 153 s 2 are each amended to read
as follows:
To complement programs authorized by the federal aquatic nuisance
species task force, the ((department of fish and wildlife)) director is
directed to develop draft rules for legislative consideration to
prevent the introduction and dispersal of zebra mussels and European
green crabs and to allow eradication of infestations that may occur.
The department is authorized to display and distribute material and
literature informing boaters and owners of airplanes that land on water
of the problem and to publicize and maintain a telephone number
available to the public to express concerns and report infestations.
Sec. 59 RCW 77.60.120 and 1998 c 153 s 3 are each amended to read
as follows:
The ((department of fish and wildlife)) director shall prepare,
maintain, and publish a list of all lakes, ponds, or other waters of
the state and other states infested with zebra mussels or European
green crabs. The ((department)) director may participate in regional
or national groups addressing these species.
Sec. 60 RCW 77.60.150 and 2001 c 273 s 1 are each amended to read
as follows:
(1) The ((department)) director shall initiate a pilot project to
evaluate the feasibility and potential of intensively culturing
shellfish on currently nonproductive oyster reserve land in Puget
Sound. The pilot program shall include no fewer than three long-term
lease agreements with commercial shellfish growers. Except as provided
in subsection (4) of this section, revenues from the lease of such
lands shall be deposited in the oyster reserve land account created in
RCW 77.60.160.
(2) The ((department)) director shall form one advisory committee
each for the Willapa Bay oyster reserve lands and the Puget Sound
oyster reserve lands. The advisory committees shall make
recommendations on management practices to conserve, protect, and
develop oyster reserve lands. The advisory committees may make
recommendations regarding the management practices on oyster reserve
lands, in particular to ensure that they are managed in a manner that
will: (a) Increase revenue through production of high-value shellfish;
(b) not be detrimental to the market for shellfish grown on nonreserve
lands; and (c) avoid negative impacts to existing shellfish
populations. The advisory committees may also make recommendation on
the distribution of funds in RCW 77.60.160(2)(a). The ((department))
director shall attempt to structure each advisory committee to include
equal representation between shellfish growers that participate in
reserve sales and shellfish growers that do not.
(3) The ((department)) director shall submit a brief progress
report on the status of the pilot programs to the appropriate standing
committees of the legislature by January 7, 2003.
(4) The department of natural resources, in consultation with the
((department of fish and wildlife)) director, shall administer the
leases for oyster reserves entered into under this chapter. In
administering the leases, the department of natural resources shall
exercise its authority under RCW ((79.96.090)) 79.135.300. Vacation of
state oyster reserves by the ((department of fish and wildlife))
director shall not be a requirement for the department of natural
resources to lease any oyster reserves under this section. The
department of natural resources may recover reasonable costs directly
associated with the administration of the leases for oyster reserves
entered into under this chapter. All administrative fees collected by
the department of natural resources pursuant to this section shall be
deposited into the resource management cost account established in RCW
79.64.020. The ((department of fish and wildlife)) director may not
assess charges to recover the costs of consulting with the department
of natural resources under this subsection.
(5) The Puget Sound pilot program shall not include the culture of
geoduck.
Sec. 61 RCW 77.65.020 and 2000 c 107 s 28 are each amended to
read as follows:
(1) Unless otherwise provided in this title, a license issued under
this chapter is not transferable from the license holder to any other
person.
(2) The following restrictions apply to transfers of commercial
fishery licenses, salmon delivery licenses, and salmon charter licenses
that are transferable between license holders:
(a) The license holder shall surrender the previously issued
license to the ((department)) director.
(b) The ((department)) director shall complete no more than one
transfer of the license in any seven-day period.
(c) The fee to transfer a license from one license holder to
another is:
(i) The same as the resident license renewal fee if the license is
not limited under chapter 77.70 RCW;
(ii) Three and one-half times the resident renewal fee if the
license is not a commercial salmon license and the license is limited
under chapter 77.70 RCW;
(iii) Fifty dollars if the license is a commercial salmon license
and is limited under chapter 77.70 RCW;
(iv) Five hundred dollars if the license is a Dungeness crab-coastal fishery license; or
(v) If a license is transferred from a resident to a nonresident,
an additional fee is assessed that is equal to the difference between
the resident and nonresident license fees at the time of transfer, to
be paid by the transferee.
(3) A commercial license that is transferable under this title
survives the death of the holder. Though such licenses are not
personal property, they shall be treated as analogous to personal
property for purposes of inheritance and intestacy. Such licenses are
subject to state laws governing wills, trusts, estates, intestate
succession, and community property, except that such licenses are
exempt from claims of creditors of the estate and tax liens. The
surviving spouse, estate, or beneficiary of the estate may apply for a
renewal of the license. There is no fee for transfer of a license from
a license holder to the license holder's surviving spouse or estate, or
to a beneficiary of the estate.
Sec. 62 RCW 77.65.030 and 2003 c 386 s 5 are each amended to read
as follows:
The application deadline for a commercial license or permit
established in this chapter is December 31st of the calendar year for
which the license or permit is sought. The ((department)) director
shall accept no license or permit applications after December 31st of
the calendar year for which the license or permit is sought. The
application deadline in this section does not apply to a license or
permit that has not been renewed because of the death or incapacity of
the license or permit holder. The license or permit holder's surviving
spouse, estate, estate beneficiary, attorney in fact, or guardian must
be given an additional one hundred eighty days to renew the license or
permit.
Sec. 63 RCW 77.65.050 and 1998 c 267 s 1 are each amended to read
as follows:
(1) Except as otherwise provided in this title, the director shall
issue commercial licenses and permits to a qualified person upon
receiving a completed application accompanied by the required fee.
(2) An application submitted to the department under this chapter
shall contain the name and address of the applicant and any other
information required by the ((department)) director or this title. An
applicant for a commercial fishery license or delivery license may
designate a vessel to be used with the license. An applicant for a
commercial fishery license or delivery license may also designate up to
two alternate operators.
(3) An application submitted to the department under this chapter
shall contain the applicant's declaration under penalty of perjury that
the information on the application is true and correct.
(4) Upon issuing a commercial license under this chapter, the
director shall assign the license a unique number that the license
shall retain upon renewal. The department shall use the number to
record any commercial catch under the license. This does not preclude
the department from using other, additional, catch record methods.
(5) The fee to replace a license that has been lost or destroyed is
twenty dollars.
Sec. 64 RCW 77.65.070 and 2001 c 244 s 3 are each amended to read
as follows:
(1) A commercial license issued under this chapter permits the
license holder to engage in the activity for which the license is
issued in accordance with this title and the rules of the
((department)) director.
(2) No security interest or lien of any kind, including tax liens,
may be created or enforced in a license issued under this chapter.
(3) Unless otherwise provided in this title or rules of the
department, commercial licenses and permits issued under this chapter
expire at midnight on December 31st of the calendar year for which they
are issued. In accordance with this title, licenses may be renewed
annually upon application and payment of the prescribed license fees.
In accordance with RCW 77.65.030, the ((department)) director must
provide a license or permit holder's surviving spouse, estate, or
estate beneficiary a reasonable opportunity to renew the license or
permit.
Sec. 65 RCW 77.65.080 and 2000 c 107 s 31 are each amended to
read as follows:
(1) The ((department)) director shall immediately suspend the
license of a person who has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person who is not
in compliance with a support order.
(2) A listing on the department of licensing's data base that an
individual's license is currently suspended pursuant to RCW
46.20.291(8) shall be prima facie evidence that the individual is in
noncompliance with a support order. Presentation of a written release
issued by the department of social and health services or a court
stating that the person is in compliance with an order shall serve as
proof of compliance.
Sec. 66 RCW 77.65.090 and 1994 c 260 s 11 are each amended to
read as follows:
This section applies to all commercial fishery licenses, delivery
licenses, and charter licenses, except for emergency salmon delivery
licenses.
(1) The holder of a license subject to this section may substitute
the vessel designated on the license or designate a vessel if none has
previously been designated if the license holder:
(a) Surrenders the previously issued license to the department;
(b) Submits to the department an application that identifies the
currently designated vessel, the vessel proposed to be designated, and
any other information required by the department; and
(c) Pays to the department a fee of thirty-five dollars.
(2) Unless the license holder owns all vessels identified on the
application described in subsection (1)(b) of this section or unless
the vessel is designated on a Dungeness crab-coastal or a Dungeness
crab-coastal class B fishery license, the following restrictions apply
to changes in vessel designation:
(a) The ((department)) director shall change the vessel designation
on the license no more than four times per calendar year.
(b) The ((department)) director shall change the vessel designation
on the license no more than once in any seven-day period.
Sec. 67 RCW 77.65.130 and 2005 c 82 s 2 are each amended to read
as follows:
(1) A person who holds a commercial fishery license or a delivery
license may operate the vessel designated on the license. A person who
is not the license holder may operate the vessel designated on the
license only if:
(a) The person holds an alternate operator license issued by the
director; and
(b) The person is designated as an alternate operator on the
underlying commercial fishery license or delivery license under RCW
77.65.110.
(2) Only an individual at least sixteen years of age may hold an
alternate operator license.
(3) No individual may hold more than one alternate operator
license. An individual who holds an alternate operator license may be
designated as an alternate operator on an unlimited number of
commercial fishery licenses or delivery licenses under RCW 77.65.110.
(4) An individual who holds two Dungeness crab -- Puget Sound fishery
licenses may operate the licenses on one vessel if the license holder
or alternate operator is on the vessel. The ((department)) director
shall allow a license holder to operate up to one hundred crab pots for
each license.
(5) Two persons owning separate Dungeness crab -- Puget Sound fishery
licenses may operate both licenses on one vessel if the license holders
or their alternate operators are on the vessel.
(6) As used in this section, to "operate" means to control the
deployment or removal of fishing gear from state waters while aboard a
vessel or to operate a vessel delivering food fish or shellfish taken
in offshore waters to a port within the state.
Sec. 68 RCW 77.65.160 and 2001 c 244 s 1 are each amended to read
as follows:
(1) The following commercial salmon fishery licenses are required
for the license holder to use the specified gear to fish for salmon in
state waters. Only a person who meets the qualifications of RCW
77.70.090 may hold a license listed in this subsection. The licenses
and their annual fees and surcharges under RCW 77.95.090 are:
| Fishery | Resident | Nonresident | Surcharge | |
| License | Fee | Fee | ||
| (a) | $380 | $685 | plus $100 | |
| (b) | $380 | $685 | plus $100 | |
| (c) | $380 | $685 | plus $100 | |
| (d) | Salmon purse seine | $530 | $985 | plus $100 |
| (e) | Salmon reef net | $380 | $685 | plus $100 |
| (f) | Salmon troll | $380 | $685 | plus $100 |
Sec. 69 RCW 77.65.180 and 2000 c 107 s 39 are each amended to
read as follows:
(1) The legislature finds that landing salmon into the ports of
Washington state, regardless of where such salmon have been harvested,
is economically beneficial to those ports as well as to the citizens of
the state of Washington. It is therefore the intent of the legislature
to encourage this practice.
(2) Notwithstanding the provisions of RCW 77.65.010(1)(b) and
77.65.170, a Washington citizen who holds a valid Oregon or California
salmon troll license may land salmon taken during lawful seasons in
Oregon and California into Washington ports without obtaining a salmon
delivery license. This exception is valid only when the salmon were
taken in offshore waters south of Cape Falcon.
(3) The ((department)) director shall adopt rules necessary to
implement this section, including rules identifying the appropriate
methods for verifying that salmon were in fact taken south of Cape
Falcon.
Sec. 70 RCW 77.65.310 and 1996 c 267 s 29 are each amended to
read as follows:
Wholesale fish dealers are responsible for documenting the
commercial harvest of food fish and shellfish according to the rules of
the ((department)) director. The director may allow only wholesale
fish dealers or their designees to receive the forms necessary for the
accounting of the commercial harvest of food fish and shellfish.
Sec. 71 RCW 77.65.320 and 2000 c 107 s 49 are each amended to
read as follows:
(1) A wholesale fish dealer shall not take possession of food fish
or shellfish until the dealer has deposited with the department an
acceptable performance bond on forms prescribed and furnished by the
department. This performance bond shall be a corporate surety bond
executed in favor of the department by a corporation authorized to do
business in the state of Washington under chapter 48.28 RCW and
approved by the department. The bond shall be filed and maintained in
an amount equal to one thousand dollars for each buyer engaged by the
wholesale dealer. In no case shall the bond be less than two thousand
dollars nor more than fifty thousand dollars.
(2) A wholesale dealer shall, within seven days of engaging
additional fish buyers, notify the department and increase the amount
of the bonding required in subsection (1) of this section.
(3) The director may suspend and refuse to reissue a wholesale fish
dealer's license of a dealer who has taken possession of food fish or
shellfish without an acceptable performance bond on deposit with the
department.
(4) The bond shall be conditioned upon the compliance with the
requirements of this chapter and rules of the ((department)) director
relating to the payment of fines for violations of rules for the
accounting of the commercial harvest of food fish or shellfish. In
lieu of the surety bond required by this section the wholesale fish
dealer may file with the department a cash deposit, negotiable
securities acceptable to the department, or an assignment of a savings
account or of a savings certificate in a Washington bank on an
assignment form prescribed by the department.
(5) Liability under the bond shall be maintained as long as the
wholesale fish dealer engages in activities under RCW 77.65.280 unless
released. Liability under the bond may be released only upon written
notification from the department. Notification shall be given upon
acceptance by the department of a substitute bond or forty-five days
after the expiration of the wholesale fish dealer's annual license. In
no event shall the liability of the surety exceed the amount of the
surety bond required under this chapter.
Sec. 72 RCW 77.65.350 and 1996 c 267 s 31 are each amended to
read as follows:
(1) A salmon roe license is required for a crew member on a boat
designated on a salmon charter license to sell salmon roe as provided
in subsection (2) of this section. An individual under sixteen years
of age may hold a salmon roe license.
(2) A crew member on a boat designated on a salmon charter license
may sell salmon roe taken from fish caught for personal use, subject to
rules of the ((department)) director and the following conditions:
(a) The salmon is taken by an angler fishing on the charter boat;
(b) The roe is the property of the angler until the roe is given to
the crew member. The crew member shall notify the charter boat's
passengers of this fact;
(c) The crew member sells the roe to a licensed wholesale dealer;
and
(d) The crew member is licensed as provided in subsection (1) of
this section and has the license in possession whenever the crew member
sells salmon roe.
Sec. 73 RCW 77.65.420 and 2000 c 107 s 53 are each amended to
read as follows:
By July 1, 1994, the ((commission)) director jointly with the
appropriate Indian tribes, shall each establish a wild salmonid policy.
The policy shall ensure that department actions and programs are
consistent with the goals of rebuilding wild stock populations to
levels that permit commercial and recreational fishing opportunities.
Sec. 74 RCW 77.65.510 and 2003 c 387 s 2 are each amended to read
as follows:
(1) The ((department)) director must establish and administer a
direct retail endorsement to serve as a single license that permits the
holder of a Washington license to commercially harvest retail-eligible
species and to clean, dress, and sell his or her catch directly to
consumers at retail, including over the internet. The direct retail
endorsement must be issued as an optional addition to all holders of a
commercial fishing license for retail-eligible species that the
department offers under this chapter.
(2) The direct retail endorsement must be offered at the time of
application for the qualifying commercial fishing license. Individuals
in possession of a qualifying commercial fishing license issued under
this chapter may add a direct retail endorsement to their current
license at any time. Individuals who do not have a commercial fishing
license for retail-eligible species issued under this chapter may not
receive a direct retail endorsement. The costs, conditions,
responsibilities, and privileges associated with the endorsed
commercial fishing license is not affected or altered in any way by the
addition of a direct retail endorsement. These costs include the base
cost of the license and any revenue and excise taxes.
(3) An individual need only add one direct retail endorsement to
his or her license portfolio. If a direct retail endorsement is
selected by an individual holding more than one commercial fishing
license issued under this chapter, a single direct retail endorsement
is considered to be added to all qualifying commercial fishing licenses
held by that individual, and is the only license required for the
individual to sell at retail any retail-eligible species permitted by
all of the underlying endorsed licenses. The direct retail endorsement
applies only to the person named on the endorsed license, and may not
be used by an alternate operator named on the endorsed license.
(4) In addition to any fees charged for the endorsed licenses and
harvest documentation as required by this chapter or the rules of the
((department)) director, the ((department)) director may set a
reasonable annual fee not to exceed the administrative costs to the
department for a direct retail endorsement.
(5) The holder of a direct retail endorsement is responsible for
documenting the commercial harvest of salmon and crab according to the
provisions of this chapter, the rules of the ((department)) director
for a wholesale fish dealer, and the reporting requirements of the
endorsed license. Any retail-eligible species caught by the holder of
a direct retail endorsement must be documented on fish tickets.
(6) The direct retail endorsement must be displayed in a readily
visible manner by the seller wherever and whenever a sale to someone
other than a licensed wholesale dealer occurs. The ((commission))
director may require that the holder of a direct retail endorsement
notify the department up to eighteen hours before conducting an in-person sale of retail-eligible species, except for in-person sales that
have a cumulative retail sales value of less than one hundred fifty
dollars in a twenty-four hour period that are sold directly from the
vessel. For sales occurring in a venue other than in person, such as
over the internet, through a catalog, or on the phone, the direct
retail endorsement number of the seller must be provided to the buyer
both at the time of sale and the time of delivery. All internet sales
must be conducted in accordance with federal laws and regulations.
(7) The direct retail endorsement is to be held by a natural person
and is not transferrable or assignable. If the endorsed license is
transferred, the direct retail endorsement immediately becomes void,
and the transferor is not eligible for a full or prorated reimbursement
of the annual fee paid for the direct retail endorsement. Upon
becoming void, the holder of a direct retail endorsement must surrender
the physical endorsement to the department.
(8) The holder of a direct retail endorsement must abide by the
provisions of Title 69 RCW as they apply to the processing and retail
sale of seafood. The department must distribute a pamphlet, provided
by the department of agriculture, with the direct retail endorsement
generally describing the labeling requirements set forth in chapter
69.04 RCW as they apply to seafood.
(9) The holder of a qualifying commercial fishing license issued
under this chapter must either possess a direct retail endorsement or
a wholesale dealer license provided for in RCW 77.65.280 in order to
lawfully sell their catch or harvest in the state to anyone other than
a licensed wholesale dealer.
(10) The direct retail endorsement entitles the holder to sell a
retail-eligible species only at a temporary food service establishment
as that term is defined in RCW 69.06.045, or directly to a restaurant
or other similar food service business.
Sec. 75 RCW 77.65.520 and 2003 c 387 s 4 are each amended to read
as follows:
(1) The direct retail endorsement is conditioned upon compliance:
(a) With the requirements of this chapter as they apply to
wholesale fish dealers and to the rules of the ((department)) director
relating to the payment of fines for violations of rules for the
accounting of the commercial harvest of retail-eligible species; and
(b) With the state board of health and local rules for food service
establishments.
(2) Violations of the requirements and rules referenced in
subsection (1) of this section may result in the suspension of the
direct retail endorsement. The suspended individual must not be
reimbursed for any portion of the suspended endorsement. Suspension of
the direct retail endorsement may not occur unless and until:
(a) The director has notified by order the holder of the direct
retail endorsement when a violation of subsection (1) of this section
has occurred. The notification must specify the type of violation, the
liability to be imposed for damages caused by the violation, a notice
that the amount of liability is due and payable by the holder of the
direct retail endorsement, and an explanation of the options available
to satisfy the liability; and
(b) The holder of the direct retail endorsement has had at least
ninety days after the notification provided in (a) of this subsection
was received to either make full payment for all liabilities owed or
enter into an agreement with the department to pay off all liabilities
within a reasonable time.
(3)(a) If, within ninety days after receipt of the order provided
in subsection (2)(a) of this section, the amount specified in the order
is not paid or the holder of the direct retail endorsement has not
entered into an agreement with the ((department)) director to pay off
all liabilities, the prosecuting attorney for any county in which the
persons to whom the order is directed do business, or the attorney
general upon request of the ((department)) director, may bring an
action on behalf of the state in the superior court for Thurston
county, or any county in which the persons to whom the order is
directed do business, to seek suspension of the individual's direct
retail endorsement for up to five years.
(b) The ((department)) director may temporarily suspend the
privileges provided by the direct retail endorsement for up to one
hundred twenty days following the receipt of the order provided in
subsection (2)(a) of this section, unless the holder of the direct
retail endorsement has deposited with the department an acceptable
performance bond on forms prescribed and provided by the department.
This performance bond must be a corporate surety bond executed in favor
of the department by a corporation authorized to do business in the
state of Washington under chapter 48.28 RCW and approved by the
department. The bond must be filed and maintained in an amount equal
to one thousand dollars.
(4) For violations of state board of health and local rules under
subsection (1)(b) of this section only, any person inspecting the
facilities of a direct retail endorsement holder under RCW 77.65.515
may suspend the privileges granted by the endorsement for up to seven
days. Within twenty-four hours of the discovery of the violation, the
inspecting entity must notify the department of the violation. Upon
notification, the ((department)) director may proceed with the
procedures outlined in this section for suspension of the endorsement.
If the violation of a state board of health rule is discovered by a
local health department, that local jurisdiction may fine the holder of
the direct retail endorsement according to the local jurisdiction's
rules as they apply to retail food operations.
(5) Subsections (2) and (3) of this section do not apply to a
holder of a direct retail endorsement that executes a surety bond and
abides by the conditions established in RCW 77.65.320 and 77.65.330 as
they apply to wholesale dealers.
Sec. 76 RCW 77.70.010 and 2001 c 253 s 57 are each amended to
read as follows:
(1) A license renewed under the provisions of this chapter that has
been suspended under RCW 77.65.080 shall be subject to the following
provisions:
(a) A license renewal fee shall be paid as a condition of
maintaining a current license; and
(b) The ((department)) director shall waive any other license
requirements, unless the ((department)) director determines that the
license holder has had sufficient opportunity to meet these
requirements.
(2) The provisions of subsection (1) of this section shall apply
only to a license that has been suspended under RCW 77.65.080 for a
period of twelve months or less. A license holder shall forfeit a
license subject to this chapter and may not recover any license renewal
fees previously paid if the license holder does not meet the
requirements of RCW 74.20A.320(9) within twelve months of license
suspension.
Sec. 77 RCW 77.70.130 and 2000 c 107 s 67 are each amended to
read as follows:
(1) A person shall not commercially take whiting from areas that
the ((department)) director designates within the waters described in
RCW 77.65.160(5)(a) without a whiting-Puget Sound fishery license.
(2) A whiting-Puget Sound fishery license may be issued only to an
individual who:
(a) Delivered at least fifty thousand pounds of whiting during the
period from January 1, 1981, through February 22, 1985, as verified by
fish delivery tickets;
(b) Possessed, on January 1, 1986, all equipment necessary to fish
for whiting; and
(c) Held a whiting-Puget Sound fishery license during the previous
year or acquired such a license by transfer from someone who held it
during the previous year.
(3) After January 1, 1995, the director shall issue no new whiting-Puget Sound fishery licenses. After January 1, 1995, only an
individual who meets the following qualifications may renew an existing
license: The individual shall have held the license sought to be
renewed during the previous year or acquired the license by transfer
from someone who held it during the previous year, and shall not have
subsequently transferred the license to another person.
(4) Whiting-Puget Sound fishery licenses may be renewed each year.
A whiting-Puget Sound fishery license that is not renewed each year
shall not be renewed further.
Sec. 78 RCW 77.70.150 and 2005 c 110 s 1 are each amended to read
as follows:
(1) A sea urchin dive fishery license is required to take sea
urchins for commercial purposes. A sea urchin dive fishery license
authorizes the use of only one diver in the water at any time during
sea urchin harvest operations. If the same vessel has been designated
on two sea urchin dive fishery licenses, two divers may be in the
water. A natural person may not hold more than two sea urchin dive
fishery licenses.
(2) Except as provided in subsection (6) of this section, the
director shall issue no new sea urchin dive fishery licenses. For
licenses issued for the year 2000 and thereafter, the director shall
renew existing licenses only to a natural person who held the license
at the end of the previous year. If a sea urchin dive fishery license
is not held by a natural person as of December 31, 1999, it is not
renewable. However, if the license is not held because of revocation
or suspension of licensing privileges, the director shall renew the
license in the name of a natural person at the end of the revocation or
suspension if the license holder applies for renewal of the license
before the end of the year in which the revocation or suspension ends.
(3) Where a licensee failed to obtain the license during the
previous year because of a license suspension or revocation by the
director or the court, the licensee may qualify for a license by
establishing that the person held such a license during the last year
in which the person was eligible.
(4) Surcharges as provided for in this section shall be collected
and deposited into the sea urchin dive fishery account hereby created
in the custody of the state treasurer. Only the director or the
director's designee may authorize expenditures from the account. The
sea urchin dive fishery account is subject to allotment procedures
under chapter 43.88 RCW, but no appropriation is required for
expenditures. Expenditures from the account shall only be used to
retire sea urchin licenses until the number of licenses is reduced to
twenty-five, and thereafter shall only be used for sea urchin
management and enforcement.
(a) A surcharge of one hundred dollars shall be charged with each
sea urchin dive fishery license renewal for licenses issued in 2000
through 2010.
(b) For licenses issued for the year 2000 and thereafter, a
surcharge shall be charged on the sea urchin dive fishery license for
designating an alternate operator. The surcharge shall be as follows:
Five hundred dollars for the first year or each of the first two
consecutive years after 1999 that any alternate operator is designated
and two thousand five hundred dollars each year thereafter that any
alternate operator is designated.
(5) Sea urchin dive fishery licenses are transferable. After
December 31, 1999, there is a surcharge to transfer a sea urchin dive
fishery license. The surcharge is five hundred dollars for the first
transfer of a license valid for calendar year 2000, and two thousand
five hundred dollars for any subsequent transfer, whether occurring in
the year 2000 or thereafter. Notwithstanding this subsection, a one-time transfer exempt from surcharge applies for a transfer from the
natural person licensed on January 1, 2000, to that person's spouse or
child.
(6) If fewer than twenty-five natural persons are eligible for sea
urchin dive fishery licenses, the director may accept applications for
new licenses. The additional licenses may not cause more than twenty-five natural persons to be eligible for a sea urchin dive fishery
license. New licenses issued under this section shall be distributed
according to rules of the ((department)) director that recover the
value of such licensed privilege.
Sec. 79 RCW 77.70.180 and 2001 c 163 s 3 are each amended to read
as follows:
(1) Within five years after adopting rules to govern the number and
qualifications of participants in an emerging commercial fishery, the
director shall provide to the appropriate senate and house of
representatives committees a report which outlines the status of the
fishery and a recommendation as to whether a separate commercial
fishery license, license fee, or limited harvest program should be
established for that fishery.
(2) For any emerging commercial fishery designated under RCW
77.50.030, the report must also include:
(a) Information on the extent of the program, including to what
degree mass marking and supplementation programs have been utilized in
areas where emerging commercial fisheries using selective fishing gear
have been authorized;
(b) Information on the benefit provided to commercial fishers
including information on the effectiveness of emerging commercial
fisheries using selective fishing gear in providing expanded fishing
opportunity within mixed stocks of salmon;
(c) Information on the effectiveness of selective fishing gear in
minimizing postrelease mortality for nontarget stocks, harvesting fish
so that they are not damaged by the gear, and aiding the creation of
niche markets; and
(d) Information on the ((department's)) director's efforts at
operating hatcheries in an experimental fashion by managing wild and
hatchery origin fish as a single run as an alternative to mass marking
and the utilization of selective fishing gear. The ((department))
director shall consult with commercial fishers, recreational fishers,
federally recognized treaty tribes with a fishing right, regional
fisheries enhancement groups, and other affected parties to obtain
their input in preparing the report under this subsection (2).
Sec. 80 RCW 77.70.190 and 2005 c 110 s 2 are each amended to read
as follows:
(1) A sea cucumber dive fishery license is required to take sea
cucumbers for commercial purposes. A sea cucumber dive fishery license
authorizes the use of only one diver in the water at any time during
sea cucumber harvest operations. If the same vessel has been
designated on two sea cucumber dive fishery licenses, two divers may be
in the water. A natural person may not hold more than two sea cucumber
dive fishery licenses.
(2) Except as provided in subsection (6) of this section, the
director shall issue no new sea cucumber dive fishery licenses. For
licenses issued for the year 2000 and thereafter, the director shall
renew existing licenses only to a natural person who held the license
at the end of the previous year. If a sea cucumber dive fishery
license is not held by a natural person as of December 31, 1999, it is
not renewable. However, if the license is not held because of
revocation or suspension of licensing privileges, the director shall
renew the license in the name of a natural person at the end of the
revocation or suspension if the license holder applies for renewal of
the license before the end of the year in which the revocation or
suspension ends.
(3) Where a licensee failed to obtain the license during either of
the previous two years because of a license suspension by the director
or the court, the licensee may qualify for a license by establishing
that the person held such a license during the last year in which the
person was eligible.
(4) Surcharges as provided for in this section shall be collected
and deposited into the sea cucumber dive fishery account hereby created
in the custody of the state treasurer. Only the director or the
director's designee may authorize expenditures from the account. The
sea cucumber dive fishery account is subject to allotment procedures
under chapter 43.88 RCW, but no appropriation is required for
expenditures. Expenditures from the account shall only be used to
retire sea cucumber licenses until the number of licenses is reduced to
twenty-five, and thereafter shall only be used for sea cucumber
management and enforcement.
(a) A surcharge of one hundred dollars shall be charged with each
sea cucumber dive fishery license renewal for licenses issued in 2000
through 2010.
(b) For licenses issued for the year 2000 and thereafter, a
surcharge shall be charged on the sea cucumber dive fishery license for
designating an alternate operator. The surcharge shall be as follows:
Five hundred dollars for the first year or each of the first two
consecutive years after 1999 that any alternate operator is designated
and two thousand five hundred dollars each year thereafter that any
alternate operator is designated.
(5) Sea cucumber dive fishery licenses are transferable. After
December 31, 1999, there is a surcharge to transfer a sea cucumber dive
fishery license. The surcharge is five hundred dollars for the first
transfer of a license valid for calendar year 2000 and two thousand
five hundred dollars for any subsequent transfer whether occurring in
the year 2000 or thereafter. Notwithstanding this subsection, a one-time transfer exempt from surcharge applies for a transfer from the
natural person licensed on January 1, 2000, to that person's spouse or
child.
(6) If fewer than twenty-five persons are eligible for sea cucumber
dive fishery licenses, the director may accept applications for new
licenses. The additional licenses may not cause more than twenty-five
natural persons to be eligible for a sea cucumber dive fishery license.
New licenses issued under this section shall be distributed according
to rules of the ((department)) director that recover the value of such
licensed privilege.
Sec. 81 RCW 77.70.210 and 2000 c 107 s 70 are each amended to
read as follows:
(1) A herring spawn on kelp fishery license is required to
commercially take herring eggs which have been deposited on vegetation
of any type.
(2) A herring spawn on kelp fishery license may be issued only to
a person who:
(a) Holds a herring fishery license issued under RCW 77.65.200 and
77.70.120; and
(b) Is the highest bidder in an auction conducted under subsection
(3) of this section.
(3) The ((department)) director shall sell herring spawn on kelp
commercial fishery licenses at auction to the highest bidder. Bidders
shall identify their sources of kelp. Kelp harvested from state-owned
aquatic lands as defined in RCW ((79.90.465)) 79.105.060 requires the
written consent of the department of natural resources. The
((department)) director shall give all holders of herring fishery
licenses thirty days' notice of the auction.
Sec. 82 RCW 77.70.330 and 1994 c 260 s 8 are each amended to read
as follows:
Expenditures from the coastal crab account may be made by the
((department)) director for management of the coastal crab resource.
Management activities may include studies of resource viability,
interstate negotiations concerning regulation of the offshore crab
resource, resource enhancement projects, or other activities as
determined by the department.
Sec. 83 RCW 77.70.350 and 2006 c 159 s 1 are each amended to read
as follows:
(1) The following restrictions apply to vessel designations and
substitutions on Dungeness crab-coastal fishery licenses:
(a) The holder of the license may not:
(i) Designate on the license a vessel the hull length of which
exceeds ninety-nine feet; or
(ii) Change vessel designation if the hull length of the vessel
proposed to be designated exceeds the hull length designated on the
license on June 7, 2006, by more than ten feet. However, if such
vessel designation is the result of an emergency transfer, the
applicable vessel length would be the most recent permanent vessel
designation on the license prior to June 7, 2006;
(b) If the hull length of the vessel proposed to be designated is
comparable to or exceeds by up to one foot the hull length of the
currently designated vessel, the ((department)) director may change the
vessel designation no more than once in any two consecutive Washington
state coastal crab seasons unless the currently designated vessel is
lost or in disrepair such that it does not safely operate, in which
case the ((department)) director may allow a change in vessel
designation;
(c) If the hull length of the vessel proposed to be designated
exceeds by between one and ten feet the hull length of the designated
vessel on June 7, 2006, the ((department)) director may change the
vessel designation no more than once on or after June 7, 2006, unless
a request is made by the license holder during a Washington state
coastal crab season for an emergency change in vessel designation. If
such an emergency request is made, the director may allow a temporary
change in designation to another vessel, if the hull length of the
other vessel does not exceed by more than ten feet the hull length of
the currently designated vessel.
(2) For the purposes of this section, "hull length" means the
length overall of a vessel's hull as shown by marine survey or by
manufacturer's specifications.
(3) By December 31, 2010, the ((department)) director must, in
cooperation with the coastal crab fishing industry, evaluate the
effectiveness of this section and, if necessary, recommend any
statutory changes to the appropriate committees of the senate and house
of representatives.
Sec. 84 RCW 77.70.400 and 2001 c 228 s 1 are each amended to read
as follows:
The ((department)) director, with input from Dungeness crab--coastal fishery licensees and processors, shall prepare a resource plan
to achieve even-flow harvesting and long-term stability of the coastal
Dungeness crab resource. The plan may include pot limits, further
reduction in the number of vessels, individual quotas, trip limits,
area quotas, or other measures as determined by the ((department))
director. The provisions of such a resource plan that are designed to
effect a gear reduction or effort reduction based upon historical
landing criteria are subject to the provisions of RCW 77.70.390 with
respect to the consideration of extenuating circumstances.
Sec. 85 RCW 77.70.410 and 2001 c 105 s 1 are each amended to read
as follows:
(1) The shrimp pot-Puget Sound fishery is a limited entry fishery
and a person shall not fish for shrimp taken from Puget Sound for
commercial purposes with shrimp pot gear except under the provisions of
a shrimp pot-Puget Sound fishery license issued under RCW 77.65.220.
(2) A shrimp pot-Puget Sound fishery license shall only be issued
to a natural person who held a shrimp pot-Puget Sound fishery license
during the previous year, except upon the death of the licensee the
license shall be treated as analogous to personal property for purposes
of inheritance and intestacy.
(3) No more than two shrimp pot-Puget Sound fishery licenses may be
owned by a licensee. The licensee must transfer the second license
into the licensee's name, and designate on the second license the same
vessel as is designated on the first license at the time of the
transfer. Licensees who hold two shrimp pot-Puget Sound fishery
licenses may not transfer one of the two licenses for a twelve-month
period beginning on the date the second license is transferred to the
licensee, but the licensee may transfer both licenses to another
natural person. The nontransferability provisions of this subsection
start anew for the receiver of the two licenses. Licensees who hold
two shrimp pot-Puget sound fishery licenses may fish one and one-half
times the maximum number of pots allowed for Puget Sound shrimp, and
may retain and land one and one-half times the maximum catch limits
established for Puget Sound shrimp taken with shellfish pot gear.
(4) Through December 31, 2001, shrimp pot-Puget Sound fishery
licenses are transferable only to a current shrimp pot-Puget Sound
fishery licensee, or upon death of the licensee. Beginning January 1,
2002, shrimp pot-Puget Sound commercial fishery licenses are
transferable, except holders of two shrimp pot-Puget Sound licenses are
subject to nontransferability provisions as provided for in this
section.
(5) Through December 31, 2001, a shrimp pot-Puget Sound licensee
may designate any natural person as the alternate operator for the
license. Beginning January 1, 2002, a shrimp pot-Puget Sound licensee
may designate only an immediate family member, as defined in RCW
77.12.047, as the alternate operator. A licensee with a bona fide
medical emergency may designate a person other than an immediate family
member as the alternate operator for a period not to exceed two years,
provided the licensee documents the medical emergency with letters from
two medical doctors describing the illness or condition that prevents
the licensee from participating in the fishery. The two-year period
may be extended by the director upon recommendation of a ((department-appointed)) director-appointed Puget Sound shrimp advisory board. If
the licensee has no immediate family member who is capable of operating
the license, the licensee may make a request to the Puget Sound shrimp
advisory board to designate an alternate operator who is not an
immediate family member, and upon recommendation of the Puget Sound
shrimp advisory board, the director may allow designation of an
alternate operator who is not an immediate family member.
Sec. 86 RCW 77.70.420 and 2001 c 105 s 2 are each amended to read
as follows:
(1) The shrimp trawl-Puget Sound fishery is a limited entry fishery
and a person shall not fish for shrimp taken from Puget Sound for
commercial purposes with shrimp trawl gear except under the provisions
of a shrimp trawl-Puget Sound fishery license issued under RCW
77.65.220.
(2) A shrimp trawl-Puget Sound fishery license shall only be issued
to a natural person who held a shrimp trawl-Puget Sound fishery license
during the previous licensing year, except upon the death of the
licensee the license shall be treated as analogous to personal property
for purposes of inheritance and intestacy.
(3) No more than one shrimp trawl-Puget Sound fishery license may
be owned by a licensee.
(4) Through December 31, 2001, shrimp trawl-Puget Sound fishery
licenses are nontransferable, except upon death of the licensee.
Beginning January 1, 2002, shrimp trawl-Puget Sound licenses are
transferable.
(5) Through December 31, 2001, a shrimp trawl-Puget Sound licensee
may designate any natural person as the alternate operator for the
license. Beginning January 1, 2002, a shrimp trawl-Puget Sound
licensee may designate only an immediate family member, as defined in
RCW 77.12.047, as the alternate operator. A licensee with a bona fide
medical emergency may designate a person other than an immediate family
member as the alternate operator for a period not to exceed two years,
provided the licensee documents the medical emergency with letters from
two medical doctors describing the illness or condition that prevents
the immediate family member from participating in the fishery. The
two-year period may be extended by the director upon recommendation of
a ((department-appointed)) director-appointed Puget Sound shrimp
advisory board. If the licensee has no immediate family member who is
capable of operating the license, the licensee may make a request to
the Puget Sound shrimp advisory board to designate an alternate
operator who is not an immediate family member, and upon recommendation
of the Puget Sound shrimp advisory board, the director may allow
designation of an alternate operator who is not an immediate family
member.
Sec. 87 RCW 77.70.430 and 2006 c 143 s 1 are each amended to read
as follows:
(1) In order to administer a Puget Sound crab pot buoy tag program,
the ((department)) director may charge a fee to holders of a Dungeness
crab -- Puget Sound fishery license to reimburse the department for the
production of Puget Sound crab pot buoy tags and the administration of
a Puget Sound crab pot buoy tag program.
(2) In order to administer a Washington coastal Dungeness crab pot
buoy tag program, the ((department)) director may charge a fee to
holders of a Dungeness crab -- coastal or a Dungeness crab coastal class
B fishery license and to holders of out-of-state licenses who are
issued a pot certificate by the ((department)) director to reimburse
the department for the production of Washington coastal crab pot buoy
tags and the administration of a Washington coastal crab pot buoy tag
program.
(3) The ((department)) director shall annually review the costs of
crab pot buoy tag production under this section with the goal of
minimizing the per tag production costs. Any savings in production
costs shall be passed on to the fishers required to purchase crab pot
buoy tags under this section in the form of a lower tag fee.
Sec. 88 RCW 77.70.450 and 2003 c 174 s 1 are each amended to read
as follows:
The commercial fisheries buyback account is created in the custody
of the state treasurer. All receipts from money collected by the
((commission)) director under RCW 77.70.460, moneys appropriated for
the purposes of this section, and other gifts, grants, or donations
specifically made to the fund must be deposited into the account.
Expenditures from the account may be used only for the purpose of
repaying moneys advanced by the federal government under a groundfish
fleet reduction program established by the federal government, or for
other fleet reduction efforts, commercial fishing license buyback
programs, or similar programs designed to reduce the harvest capacity
in a commercial fishery. Only the director ((of the department)) or
the director's designee may authorize expenditures from the account.
The account is subject to allotment procedures under chapter 43.88 RCW,
but an appropriation is not required for expenditures.
Sec. 89 RCW 77.70.460 and 2003 c 174 s 2 are each amended to read
as follows:
(1) The ((commission)) director shall collect a fee upon all
deliveries of fish or shellfish from persons holding: (a) A federal
pacific groundfish limited entry permit with a trawl endorsement; (b)
an ocean pink shrimp delivery license issued under RCW 77.65.390; (c)
a Dungeness crab -- coastal fishery license issued under RCW 77.70.280;
(d) a food fish delivery license issued under RCW 77.65.200; or (e) a
shrimp trawl license under RCW 77.65.220, to repay the federal
government for moneys advanced by the federal government under a
groundfish fleet reduction program established by the federal
government.
(2) The ((commission)) director shall adopt a fee schedule by rule
for the collection of the fee required by subsection (1) of this
section. The fee schedule adopted shall limit the total amount of
moneys collected through the fee to the minimum amount necessary to
repay the moneys advanced by the federal government, but be sufficient
to repay the debt obligation of each fishery. The fee charged to the
holders of a Dungeness crab -- coastal fishery license may not exceed two
percent of the total ex-vessel value of annual landings, and the fee
charged to all other eligible license holders may not exceed five
percent of the total ex-vessel value of annual landings. The
((commission)) director may adjust the fee schedule as necessary to
ensure that the funds collected are adequate to repay the debt
obligation of each fishery.
(3) The ((commission)) director shall deposit moneys collected
under this section in the commercial fisheries buyback account created
in RCW 77.70.450.
Sec. 90 RCW 77.70.470 and 2003 c 174 s 3 are each amended to read
as follows:
The ((commission)) director may not assess the fee specified under
RCW 77.70.460 until after the federal government creates a groundfish
fleet reduction program.
Sec. 91 RCW 77.75.020 and 2000 c 107 s 86 are each amended to
read as follows:
The ((commission)) director may give to the state of Oregon such
consent and approbation of the state of Washington as is necessary
under the compact set out in RCW 77.75.010. For the purposes of RCW
77.75.010, the states of Washington and Oregon have concurrent
jurisdiction in the concurrent waters of the Columbia river.
Sec. 92 RCW 77.75.040 and 1995 1st sp.s. c 2 s 20 are each
amended to read as follows:
((A member selected by or a designee of the fish and wildlife
commission)) The director or the director's designee, ex officio, and
two appointees of the governor representing the fishing industry shall
act as the representatives of this state on the Pacific Marine
Fisheries Commission. The appointees of the governor are subject to
confirmation by the state senate.
Sec. 93 RCW 77.75.140 and 1995 1st sp.s. c 2 s 21 are each
amended to read as follows:
The ((commission)) director may adopt and enforce the provisions of
the treaty between the government of the United States and the
government of Canada concerning Pacific salmon, treaty document number
99-2, entered into force March 18, 1985, at Quebec City, Canada, and
the regulations of the commission adopted under authority of the
treaty.
Sec. 94 RCW 77.85.220 and 2003 c 391 s 4 are each amended to read
as follows:
(1) If a limiting factors analysis has been conducted under this
chapter for a specific geographic area and that analysis shows
insufficient intertidal salmon habitat, the ((department of fish and
wildlife)) director and the county legislative authorities of the
affected counties may jointly initiate a salmon intertidal habitat
restoration planning process to develop a plan that addresses the
intertidal habitat goals contained in the limiting factors analysis.
The ((fish and wildlife commission)) director and the county
legislative authorities of the geographic area shall jointly appoint a
task force composed of the following members:
(a) One representative of the ((fish and wildlife commission))
department, appointed by the ((chair of the commission)) director;
(b) Two representatives of the agricultural industry familiar with
agricultural issues in the geographic area, one appointed by an
organization active in the geographic area and one appointed by a
statewide organization representing the industry;
(c) Two representatives of environmental interest organizations
with familiarity and expertise of salmon habitat, one appointed by an
organization in the geographic area and one appointed by a statewide
organization representing environmental interests;
(d) One representative of a diking and drainage district, appointed
by the individual districts in the geographic area or by an association
of diking and drainage districts;
(e) One representative of the lead entity for salmon recovery in
the geographic area, appointed by the lead entity;
(f) One representative of each county in the geographic area,
appointed by the respective county legislative authorities; and
(g) One representative from the office of the governor.
(2) Representatives of the United States environmental protection
agency, the United States natural resources conservation service,
federal fishery agencies, as appointed by their regional director, and
tribes with interests in the geographic area shall be invited and
encouraged to participate as members of the task force.
(3) The task force shall elect a chair and adopt rules for
conducting the business of the task force. Staff support for the task
force shall be provided by the Washington state conservation
commission.
(4) The task force shall:
(a) Review and analyze the limiting factors analysis for the
geographic area;
(b) Initiate and oversee intertidal salmon habitat studies for
enhancement of the intertidal area as provided in RCW 77.85.230;
(c) Review and analyze the completed assessments listed in RCW
77.85.230;
(d) Develop and draft an overall plan that addresses identified
intertidal salmon habitat goals that has public support; and
(e) Identify appropriate demonstration projects and early
implementation projects that are of high priority and should commence
immediately within the geographic area.
(5) The task force may request briefings as needed on legal issues
that may need to be considered when developing or implementing various
plan options.
(6) Members of the task force shall be reimbursed by the
conservation commission for travel expenses as provided in RCW
43.03.050 and 43.03.060.
(7) The task force shall provide annual reports that provide an
update on its activities to the ((fish and wildlife commission))
director, to the involved county legislative authorities, and to the
lead entity formed under this chapter.
Sec. 95 RCW 77.85.230 and 2003 c 391 s 5 are each amended to read
as follows:
(1) In consultation with the task force created in RCW 77.85.220,
the conservation commission may contract with universities, private
consultants, nonprofit groups, or other entities to assist it in
developing a plan incorporating the following elements:
(a) An inventory of existing tide gates located on streams in the
county. The inventory shall include location, age, type, and
maintenance history of the tide gates and other factors as determined
by the task force created in RCW 77.85.220 in consultation with the
county and diking and drainage districts;
(b) An assessment of the role of tide gates located on streams in
the county; the role of intertidal fish habitat for various life stages
of salmon; the quantity and characterization of intertidal fish habitat
currently accessible to fish; the quantity and characterization of the
present intertidal fish habitat created at the time the dikes and
outlets were constructed; the quantity of potential intertidal fish
habitat on public lands and alternatives to enhance this habitat; the
effects of saltwater intrusion on agricultural land, including the
effects of backfeeding of saltwater through the underground drainage
system; the role of tide gates in drainage systems, including relieving
excess water from saturated soil and providing reservoir functions
between tides; the effect of saturated soils on production of crops;
the characteristics of properly functioning intertidal fish habitat; a
map of agricultural lands designated by the county as having long-term
commercial significance and the effect of that designation; and the
economic impacts to existing land uses for various alternatives for
tide gate alteration; and
(c) A long-term plan for intertidal salmon habitat enhancement to
meet the goals of salmon recovery and protection of agricultural lands.
The proposal shall consider all other means to achieve salmon recovery
without converting farmland. The proposal shall include methods to
increase fish passage and otherwise enhance intertidal habitat on
public lands pursuant to subsection (2) of this section, voluntary
methods to increase fish passage on private lands, a priority list of
intertidal salmon enhancement projects, and recommendations for funding
of high priority projects. The task force created in RCW 77.85.220
also may propose pilot projects that will be designed to test and
measure the success of various proposed strategies.
(2) In conjunction with other public landowners and the task force
created in RCW 77.85.220, the ((department)) director shall develop an
initial salmon intertidal habitat enhancement plan for public lands in
the county. The initial plan shall include a list of public properties
in the intertidal zone that could be enhanced for salmon, a description
of how those properties could be altered to support salmon, a
description of costs and sources of funds to enhance the property, and
a strategy and schedule for prioritizing the enhancement of public
lands for intertidal salmon habitat. This initial plan shall be
submitted to the task force created in RCW 77.85.220 at least six
months before the deadline established in subsection (3) of this
section.
(3) The final intertidal salmon enhancement plan shall be completed
within two years from the date the task force created in RCW 77.85.220
is formed and funding has been secured. A final plan shall be
submitted by the task force created in RCW 77.85.220 to the lead entity
for the geographic area established under this chapter.
Sec. 96 RCW 77.95.010 and 1995 1st sp.s. c 2 s 33 are each
amended to read as follows:
Currently, many of the salmon stocks of Washington state are
critically reduced from their sustainable level. The best interests of
all fishing groups and the citizens as a whole are served by a stable
and productive salmon resource. Immediate action is needed to reverse
the severe decline of the resource and to ((insure)) ensure its very
survival. The legislature finds a state of emergency exists and that
immediate action is required to restore its fishery.
Disagreement and strife have dominated the salmon fisheries for
many years. Conflicts among the various fishing interests have only
served to erode the resource. It is time for the state of Washington
to make a major commitment to increasing productivity of the resource
and to move forward with an effective rehabilitation and enhancement
program. The ((commission)) director is directed to dedicate ((its))
the director's efforts and the efforts of the department to seek
resolution to the many conflicts that involve the resource.
Success of the enhancement program can only occur if projects
efficiently produce salmon or restore habitat. The expectation of the
program is to optimize the efficient use of funding on projects that
will increase artificially and naturally produced salmon, restore and
improve habitat, or identify ways to increase the survival of salmon.
The full utilization of state resources and cooperative efforts with
interested groups are essential to the success of the program.
Sec. 97 RCW 77.95.020 and 1995 1st sp.s. c 2 s 34 are each
amended to read as follows:
(1) The ((commission)) director shall develop long-term regional
policy statements regarding the salmon fishery resources before
December 1, 1985. The ((commission)) director shall consider the
following in formulating and updating regional policy statements:
(a) Existing resource needs;
(b) Potential for creation of new resources;
(c) Successful existing programs, both within and outside the
state;
(d) Balanced utilization of natural and hatchery production;
(e) Desires of the fishing interest;
(f) Need for additional data or research;
(g) Federal court orders; and
(h) Salmon advisory council recommendations.
(2) The ((commission)) director shall review and update each policy
statement at least once each year.
Sec. 98 RCW 77.95.030 and 1995 1st sp.s. c 2 s 35 are each
amended to read as follows:
(1) The ((commission)) director shall develop a detailed salmon
enhancement plan with proposed enhancement projects. The plan and the
regional policy statements shall be submitted to the secretary of the
senate and chief clerk of the house of representatives for legislative
distribution by June 30, 1986. The enhancement plan and regional
policy statements shall be provided by June 30, 1986, to the natural
resources committees of the house of representatives and the senate.
The ((commission)) director shall provide a maximum opportunity for the
public to participate in the development of the salmon enhancement
plan. To ((insure)) ensure full participation by all interested
parties, the ((commission)) director shall solicit and consider
enhancement project proposals from Indian tribes, sports ((fishermen))
fishers, commercial ((fishermen)) fishers, private aquaculturists, and
other interested groups or individuals for potential inclusion in the
salmon enhancement plan. Joint or cooperative enhancement projects
shall be considered for funding.
(2) The following criteria shall be used by the ((commission))
director in formulating the project proposals:
(a) Compatibility with the long-term policy statement;
(b) Benefit/
(c) Needs of all fishing interests;
(d) Compatibility with regional plans, including harvest management
plans;
(e) Likely increase in resource productivity;
(f) Direct applicability of any research;
(g) Salmon advisory council recommendations;
(h) Compatibility with federal court orders;
(i) Coordination with the salmon and steelhead advisory commission
program;
(j) Economic impact to the state;
(k) Technical feasibility; and
(l) Preservation of native salmon runs.
(3) The ((commission)) director shall not approve projects that
serve as replacement funding for projects that exist prior to May 21,
1985, unless no other sources of funds are available.
(4) The ((commission)) director shall prioritize various projects
and establish a recommended implementation time schedule.
Sec. 99 RCW 77.95.040 and 1995 1st sp.s. c 2 s 36 are each
amended to read as follows:
Upon approval by the legislature of funds for its implementation,
the ((commission)) director shall monitor the progress of projects
detailed in the salmon enhancement plan.
The ((commission)) director shall be responsible for establishing
criteria which shall be used to measure the success of each project in
the salmon enhancement plan.
Sec. 100 RCW 77.95.060 and 1995 1st sp.s. c 2 s 38 are each
amended to read as follows:
The legislature finds that it is in the best interest of the salmon
resource of the state to encourage the development of regional
fisheries enhancement groups. The accomplishments of one existing
group, the Grays Harbor fisheries enhancement task force, have been
widely recognized as being exemplary. The legislature recognizes the
potential benefits to the state that would occur if each region of the
state had a similar group of dedicated citizens working to enhance the
salmon resource.
The legislature authorizes the formation of regional fisheries
enhancement groups. These groups shall be eligible for state financial
support and shall be actively supported by the ((commission and))
director and the department. The regional groups shall be operated on
a strictly nonprofit basis, and shall seek to maximize the efforts of
volunteer and private donations to improve the salmon resource for all
citizens of the state.
Sec. 101 RCW 77.95.090 and 2000 c 107 s 106 are each amended to
read as follows:
The dedicated regional fisheries enhancement group account is
created in the custody of the state treasurer. Only the ((commission))
director or the ((commission's)) director'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. A surcharge of one hundred dollars shall be
collected on each commercial salmon fishery license, each salmon
delivery license, and each salmon charter license sold in the state.
All receipts shall be placed in the regional fisheries enhancement
group account and shall be used exclusively for regional fisheries
enhancement group projects for the purposes of RCW 77.95.110. 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)) director'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. The
((commission)) director shall adopt rules to implement this section
pursuant to chapter 34.05 RCW.
Sec. 102 RCW 77.95.100 and 2000 c 107 s 107 are each amended to
read as follows:
The ((department)) director may provide start-up funds to regional
fisheries enhancement groups for costs associated with any enhancement
project. The regional fisheries enhancement group advisory board and
the ((commission)) director shall develop guidelines for providing
funds to the regional fisheries enhancement groups.
Sec. 103 RCW 77.95.110 and 2000 c 107 s 108 are each amended to
read as follows:
(1) A regional fisheries enhancement group advisory board is
established to make recommendations to the ((commission)) director.
The members shall be appointed by the ((commission)) director and
consist of two commercial fishing representatives, two recreational
fishing representatives, and three at-large positions. At least two of
the advisory board members shall be members of a regional fisheries
enhancement group. Advisory board members shall serve three-year
terms. The advisory board membership shall include two members serving
ex officio to be nominated, one through the Northwest Indian fisheries
commission, and one through the Columbia river intertribal fish
commission. The chair of the regional fisheries enhancement group
advisory board shall be elected annually by members of the regional
fisheries enhancement group advisory board. The advisory board shall
meet at least quarterly. All meetings of the advisory board shall be
open to the public under the open public meetings act, chapter 42.30
RCW.
The ((department)) director shall invite the advisory board to
comment and provide input into all relevant policy initiatives,
including, but not limited to, wild stock, hatcheries, and habitat
restoration efforts.
(2) Members shall not be compensated but shall receive
reimbursement for travel expenses in accordance with RCW 43.03.050 and
43.03.060.
(3) The department may use account funds to provide agency
assistance to the groups, to provide professional, administrative, or
clerical services to the advisory board, or to implement the training
and technical assistance services plan as developed by the advisory
board pursuant to RCW 77.95.120. The level of account funds used by
the department shall be determined by the ((commission)) director after
review of recommendation by the regional fisheries enhancement group
advisory board and shall not exceed twenty percent of annual
contributions to the account.
Sec. 104 RCW 77.95.140 and 1995 1st sp.s. c 2 s 41 are each
amended to read as follows:
The ((commission)) director shall prepare a salmon recovery plan
for the Skagit river. The plan shall include strategies for employing
displaced timber workers to conduct salmon restoration and other tasks
identified in the plan. The plan shall incorporate the best available
technology in order to achieve maximum restoration of depressed salmon
stocks. The plan must encourage the restoration of natural spawning
areas and natural rearing of salmon but must not preclude the
development of an active hatchery program.
Sec. 105 RCW 77.95.200 and 1998 c 251 s 2 are each amended to
read as follows:
(1) The ((department)) director shall develop and implement a
program utilizing remote site incubators in Washington state. The
program shall identify sites in tributaries that are suitable for
reestablishing self-sustaining, locally adapted populations of coho,
chum, or chinook salmon. The initial selection of sites shall be
completed by July 1, 1999, and updated annually thereafter.
(2) The ((department)) director may only approve a remote site
incubator project if the department deems it is consistent with the
conservation of wild salmon and trout. The ((department)) director
shall only utilize appropriate salmonid eggs in remote site incubators,
and may acquire eggs by gift or purchase.
(3) The ((department)) director shall depend chiefly upon volunteer
efforts to implement the remote site incubator program through
volunteer cooperative projects and the regional fisheries enhancement
groups. The ((department)) director may prioritize remote site
incubator projects within regional enhancement areas.
(4) The ((department)) director may purchase remote site incubators
and may use agency employees to construct remote site incubators. The
director and the secretary of the department of corrections shall
jointly investigate the potential of producing remote site incubators
through the prison industries program of the department of corrections,
and shall jointly report their finding to the natural resources
committees of the house of representatives and the senate by December
1, 1999.
(5) The department shall investigate the use of the remote site
incubator technology for the production of warm water fish.
(6) The ((department)) director shall evaluate the initial results
of the program and report to the legislature by December 1, 2000.
Annual reports on the progress of the program shall be provided to the
fish and wildlife commission.
Sec. 106 RCW 77.95.210 and 2001 c 337 s 1 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, the
((department)) director may supply, at a reasonable charge, surplus
salmon eggs to a person for use in the cultivation of salmon. The
((department)) director shall not intentionally create a surplus of
salmon to provide eggs for sale. The ((department)) director shall
only sell salmon eggs from stocks that are not suitable for salmon
population rehabilitation or enhancement in state waters in Washington
after the salmon harvest on surplus salmon has been first maximized by
both commercial and recreational fishers.
(2) The ((department)) director shall not destroy hatchery origin
salmon for the purposes of destroying viable eggs that would otherwise
be useful for propagation or salmon recovery purposes, as determined by
the department and Indian tribes with treaty fishing rights in a
collaborative manner, for replenishing fish runs. Eggs deemed surplus
by the state must be provided, in the following order of priority, to:
(a) Voluntary cooperative salmon culture programs under the
supervision of the department under chapter 77.100 RCW;
(b) Regional fisheries enhancement group salmon culture programs
under the supervision of the department under this chapter;
(c) Salmon culture programs requested by lead entities and approved
by the salmon funding recovery board under chapter 77.85 RCW;
(d) Hatcheries of federally approved tribes in Washington to whom
eggs are moved, not sold, under the interlocal cooperation act, chapter
39.34 RCW; and
(e) Governmental hatcheries in Washington, Oregon, and Idaho.
The order of priority established in this subsection for
distributing surplus eggs does not apply when there is a shortfall in
the supply of eggs.
(3) All sales, provisions, distributions, or transfers shall be
consistent with the ((department's)) director's egg transfer and
aquaculture disease control regulations as now existing or hereafter
amended. Prior to ((department)) director determination that eggs of
a salmon stock are surplus and available for sale, the department shall
assess the productivity of each watershed that is suitable for
receiving eggs.
Sec. 107 RCW 77.95.270 and 2001 c 337 s 2 are each amended to
read as follows:
Except as provided in RCW 77.95.210, the ((department)) director
may make available to private contractors salmon eggs in excess of
department hatchery needs for the purpose of contract rearing to
release the smolts into public waters. However, providing salmon eggs
as specified in RCW 77.95.210(2) has the highest priority. The
priority of providing eggs surplus after meeting the requirements of
RCW 77.95.210(2) to contract rearing is a higher priority than
providing eggs to aquaculture purposes that are not destined for
release into Washington public waters.
Sec. 108 RCW 77.95.300 and 1995 c 372 s 3 are each amended to
read as follows:
The ((department)) director shall adopt rules to control the mixed
stock chinook and coho fisheries of the state so as to sustain healthy
stocks of wild salmon, allow the maximum survival of wild salmon, allow
for spatially separated fisheries that target on hatchery stocks,
foster the best techniques for releasing wild chinook and coho salmon,
and contribute to the economic viability of the fishing businesses of
the state.
Sec. 109 RCW 77.95.310 and 1997 c 414 s 1 are each amended to
read as follows:
Beginning September 1, 1998, and each September 1st thereafter, the
((department)) director shall submit a report to the appropriate
standing committees of the legislature identifying the total salmon and
steelhead harvest of the preceding season. This report shall include
the final commercial harvests and recreational harvests. At a minimum,
the report shall clearly identify:
(1) The total treaty tribal and nontribal harvests by species and
by management unit;
(2) Where and why the nontribal harvest does not meet the full
allocation allowed under United States v. Washington, 384 F. Supp. 312
(1974) (Boldt I) including a summary of the key policies within the
management plan that result in a less than full nontribal allocation;
and
(3) The location and quantity of salmon and steelhead harvested
under the wastage provisions of United States v. Washington, 384 F.
Supp. 312 (1974).
Sec. 110 RCW 77.100.040 and 1993 sp.s. c 2 s 51 are each amended
to read as follows:
The ((department)) director may authorize the sale of surplus
salmon eggs and carcasses by permitted cooperative projects for the
purposes of defraying the expenses of the cooperative project. In no
instance shall the ((department)) director allow a profit to be
realized through such sales. The ((department)) director shall adopt
rules to implement this section pursuant to chapter 34.05 RCW.
Sec. 111 RCW 77.105.010 and 2003 c 173 s 1 are each amended to
read as follows:
There is created within the department ((of fish and wildlife)) the
Puget Sound recreational salmon and marine fish enhancement program.
The ((department of fish and wildlife)) director shall identify a
coordinator for the program who shall act as spokesperson for the
program and shall:
(1) Coordinate the activities of the Puget Sound recreational
salmon and marine fish enhancement program, including the Lake
Washington salmon fishery; and
(2) Work within and outside of the department to achieve the goals
stated in this chapter, including coordinating with the Puget Sound
recreational fisheries enhancement oversight committee established in
RCW 77.105.160.
Sec. 112 RCW 77.105.020 and 1993 sp.s. c 2 s 84 are each amended
to read as follows:
The ((department)) director shall: Develop a short-term program of
hatchery-based salmon enhancement using freshwater pond sites for the
final rearing phase; solicit support from cooperative projects,
regional enhancement groups, and other supporting organizations;
conduct comprehensive research on resident and migratory salmon
production opportunities; and conduct research on marine bottomfish
production limitations and on methods for artificial propagation of
marine bottomfish.
Long-term responsibilities of the ((department)) director are to:
Fully implement enhancement efforts for Puget Sound and Hood Canal
resident salmon and marine bottomfish; identify opportunities to
reestablish salmon runs into areas where they no longer exist;
encourage naturally spawning salmon populations to develop to their
fullest extent; and fully utilize hatchery programs to improve
recreational fishing.
Sec. 113 RCW 77.105.030 and 1993 sp.s. c 2 s 85 are each amended
to read as follows:
The ((department)) director shall seek recommendations from persons
who are expert on the planning and operation of programs for
enhancement of recreational fisheries. The ((department)) director
shall fully use the expertise of the University of Washington college
of fisheries and the sea grant program to develop research and
enhancement programs.
Sec. 114 RCW 77.105.040 and 1993 sp.s. c 2 s 86 are each amended
to read as follows:
The ((department)) director shall develop new locations for the
freshwater rearing of delayed-release chinook salmon. In calendar year
1994, at least one freshwater pond chinook salmon rearing site shall be
developed and begin production in each of the following areas: South
Puget Sound, central Puget Sound, north Puget Sound, and Hood Canal.
Natural or artificial pond sites shall be preferred to net pens due to
higher survival rates experienced from pond rearing. Rigorous
predatory bird control measures shall be implemented. The goal of the
program is to increase the production and planting of delayed-release
chinook salmon to a level of three million fish annually by the year
2000.
Sec. 115 RCW 77.105.050 and 1993 sp.s. c 2 s 87 are each amended
to read as follows:
The ((department)) director shall conduct research, develop
methods, and implement programs for the artificial rearing and release
of marine bottomfish species. Lingcod, halibut, rockfish, and Pacific
cod shall be the species of primary emphasis due to their importance in
the recreational fishery.
Sec. 116 RCW 77.105.060 and 1993 sp.s. c 2 s 88 are each amended
to read as follows:
The ((department)) director shall undertake additional research to
more fully evaluate improved enhancement techniques, hooking mortality
rates, methods of mass marking, improvement of catch models, and
sources of marine bottomfish mortality. Research shall be designed to
give the best opportunity to provide information that can be applied to
real-world recreational fishing needs.
Sec. 117 RCW 77.105.070 and 1994 c 264 s 47 are each amended to
read as follows:
The ((department)) director shall work with the department of
ecology and local government entities to streamline the siting process
for new enhancement projects. The ((department)) director is
encouraged to work with the legislature to develop statutory changes
that enable expeditious processing and granting of permits for fish
enhancement projects.
Sec. 118 RCW 77.105.090 and 1993 sp.s. c 2 s 91 are each amended
to read as follows:
The ((department)) director shall increase efforts to document the
effects of bird predators, harbor seals, sea lions, and predatory fish
upon the salmon and marine fish resource. Every opportunity shall be
explored to convince the federal government to amend the marine mammal
protection act to allow for balanced management of predators, as well
as to work with the United States fish and wildlife service to achieve
workable control measures for predatory birds.
Sec. 119 RCW 77.105.130 and 1993 sp.s. c 2 s 95 are each amended
to read as follows:
The ((department)) director shall contract with private
consultants, aquatic farms, or construction firms, where appropriate,
to achieve the highest benefit-to-cost ratio for recreational fishing
projects.
Sec. 120 RCW 77.115.010 and 2000 c 107 s 122 are each amended to
read as follows:
(1) The director of agriculture and the director shall jointly
develop a program of disease inspection and control for aquatic farmers
as defined in RCW 15.85.020. The program shall be administered by the
department under rules established under this section. The purpose of
the program is to protect the aquaculture industry and wildstock
fisheries from a loss of productivity due to aquatic diseases or
maladies. As used in this section "diseases" means, in addition to its
ordinary meaning, infestations of parasites or pests. The disease
program may include, but is not limited to, the following elements:
(a) Disease diagnosis;
(b) Import and transfer requirements;
(c) Provision for certification of stocks;
(d) Classification of diseases by severity;
(e) Provision for treatment of selected high-risk diseases;
(f) Provision for containment and eradication of high-risk
diseases;
(g) Provision for destruction of diseased cultured aquatic
products;
(h) Provision for quarantine of diseased cultured aquatic products;
(i) Provision for coordination with state and federal agencies;
(j) Provision for development of preventative or control measures;
(k) Provision for cooperative consultation service to aquatic
farmers; and
(l) Provision for disease history records.
(2) The ((commission)) director shall adopt rules implementing this
section. However, such rules shall have the prior approval of the
director of agriculture and shall provide therein that the director of
agriculture has provided such approval. The director of agriculture or
the director's designee shall attend the rule-making hearings conducted
under chapter 34.05 RCW and shall assist in conducting those hearings.
The authorities granted the department by these rules and by RCW
77.12.047 (1)(g) and (2)(g), 77.60.060, 77.60.080, 77.65.210,
((77.115.020,)) 77.115.030, and 77.115.040 constitute the only
authorities of the department to regulate private sector cultured
aquatic products and aquatic farmers as defined in RCW 15.85.020.
Except as provided in subsection (3) of this section, no action may be
taken against any person to enforce these rules unless the
((department)) director has first provided the person an opportunity
for a hearing. In such a case, if the hearing is requested, no
enforcement action may be taken before the conclusion of that hearing.
(3) The rules adopted under this section shall specify the
emergency enforcement actions that may be taken by the department, and
the circumstances under which they may be taken, without first
providing the affected party with an opportunity for a hearing.
Neither the provisions of this subsection nor the provisions of
subsection (2) of this section shall preclude the department from
requesting the initiation of criminal proceedings for violations of the
disease inspection and control rules.
(4) A person shall not violate the rules adopted under subsection
(2) or (3) of this section or violate RCW 77.115.040.
(5) In administering the program established under this section,
the ((department)) director shall use the services of a pathologist
licensed to practice veterinary medicine.
(6) The director in administering the program shall not place
constraints on or take enforcement actions in respect to the
aquaculture industry that are more rigorous than those placed on the
department or other fish-rearing entities.
Sec. 121 RCW 77.120.030 and 2004 c 227 s 3 are each amended to
read as follows:
The owner or operator in charge of any vessel covered by this
chapter is required to ensure that the vessel under their ownership or
control does not discharge ballast water into the waters of the state
except as authorized by this section.
(1) Discharge into waters of the state is authorized if the vessel
has conducted an open sea exchange of ballast water. A vessel is
exempt from this requirement if the vessel's master reasonably
determines that such a ballast water exchange operation will threaten
the safety of the vessel or the vessel's crew, or is not feasible due
to vessel design limitations or equipment failure. If a vessel relies
on this exemption, then it may discharge ballast water into waters of
the state, subject to any requirements of treatment under subsection
(2) of this section and subject to RCW 77.120.040.
(2) After July 1, 2007, discharge of ballast water into waters of
the state is authorized only if there has been an open sea exchange or
if the vessel has treated its ballast water to meet standards set by
the ((department)) director consistent with applicable state and
federal laws. When weather or extraordinary circumstances make access
to treatment unsafe to the vessel or crew, the master of a vessel may
delay compliance with any treatment required under this subsection
until it is safe to complete the treatment.
(3) Masters, owners, operators, or persons-in-charge shall submit
to the department an interim ballast water management report by July 1,
2006, in the form and manner prescribed by the ((department)) director.
The report shall describe actions needed to implement the ballast water
requirements in subsection (2) of this section, including treatment
methods applicable to the class of the vessel. Reports may include a
statement that there are no treatment methods applicable to the vessel
for which the report is being submitted.
(4) The ballast water work group created in section 1, chapter 282,
Laws of 2002 shall develop recommendations for the interim ballast
water management report. The recommendations must include, but are not
limited to:
(a) Actions that the vessel owner or operator will take to
implement the ballast water requirements in subsection (2) of this
section, including treatment methods applicable to the class of the
vessel;
(b) Necessary plan elements when there are not treatment methods
applicable to the vessel for which the report is being submitted, or
which would meet the requirements of this chapter; and
(c) The method, form, and content of reporting to be used for such
reports.
(5) For treatment technologies requiring shipyard modification that
cannot reasonably be performed prior to July 1, 2007, the
((department)) director shall provide the vessel owner or operator with
an extension to the first scheduled drydock or shipyard period
following July 1, 2007.
(6) The ((department)) director shall make every effort to align
ballast water standards with adopted international and federal
standards while ensuring that the goals of this chapter are met.
(7) The requirements of this section do not apply to a vessel
discharging ballast water or sediments that originated solely within
the waters of Washington state, the Columbia river system, or the
internal waters of British Columbia south of latitude fifty degrees
north, including the waters of the Straits of Georgia and Juan de Fuca.
(8) Open sea exchange is an exchange that occurs fifty or more
nautical miles offshore. If the United States coast guard requires a
vessel to conduct an exchange further offshore, then that distance is
the required distance for purposes of compliance with this chapter.
Sec. 122 RCW 77.120.040 and 2002 c 282 s 3 are each amended to
read as follows:
The owner or operator in charge of any vessel covered by this
chapter is required to ensure that the vessel under their ownership or
control complies with the reporting and sampling requirements of this
section.
(1) Vessels covered by this chapter must report ballast water
management information to the department using ballast water management
forms that are acceptable to the United States coast guard. The
frequency, manner, and form of such reporting shall be established by
the ((department)) director by rule. Any vessel may rely on a
recognized marine trade association to collect and forward this
information to the department.
(2) In order to monitor the effectiveness of national and
international efforts to prevent the introduction of nonindigenous
species, all vessels covered by this chapter must submit nonindigenous
species ballast water monitoring data. The monitoring, sampling,
testing protocols, and methods of identifying nonindigenous species in
ballast water shall be determined by the ((department)) director by
rule. A vessel covered by this chapter may contract with a recognized
marine trade association to randomly sample vessels within that
association's membership, and provide data to the department.
(3) Vessels that do not belong to a recognized marine trade
association must submit individual ballast tank sample data to the
department for each voyage.
(4) All data submitted to the department under subsection (2) of
this section shall be consistent with sampling and testing protocols as
adopted by the ((department)) director by rule.
(5) The ((department)) director shall adopt rules to implement this
section. The rules and recommendations shall be developed in
consultation with advisors from regulated industries and the
potentially affected parties, including but not limited to shipping
interests, ports, shellfish growers, fisheries, environmental
interests, interested citizens who have knowledge of the issues, and
appropriate governmental representatives including the United States
coast guard. In recognition of the need to have a coordinated response
to ballast water management for the Columbia river system, the
((department)) director must consider rules adopted by the state of
Oregon when adopting rules under this section for ballast water
management in the navigable waters of the Columbia river system.
(a) The ((department)) director shall set standards for the
discharge of treated ballast water into the waters of the state. The
rules are intended to ensure that the discharge of treated ballast
water poses minimal risk of introducing nonindigenous species. In
developing this standard, the ((department)) director shall consider
the extent to which the requirement is technologically and practically
feasible. Where practical and appropriate, the standards shall be
compatible with standards set by the United States coast guard and
shall be developed in consultation with federal and state agencies to
ensure consistency with the federal clean water act, 33 U.S.C. Sec.
1251-1387.
(b) The ((department)) director shall adopt ballast water sampling
and testing protocols for monitoring the biological components of
ballast water that may be discharged into the waters of the state under
this chapter. Monitoring data is intended to assist the department in
evaluating the risk of new, nonindigenous species introductions from
the discharge of ballast water, and to evaluate the accuracy of ballast
water exchange practices. The sampling and testing protocols must
consist of cost-effective, scientifically verifiable methods that, to
the extent practical and without compromising the purposes of this
chapter, utilize easily measured indices, such as salinity, or check
for species that indicate the potential presence of nonindigenous
species or pathogenic species. The ((department)) director shall
specify appropriate quality assurance and quality control for the
sampling and testing protocols.
Sec. 123 RCW 77.120.050 and 2000 c 108 s 6 are each amended to
read as follows:
The shipping vessel industry, the public ports, and the
((department)) director shall promote the creation of a pilot project
to establish a private sector ballast water treatment operation that is
capable of servicing vessels at all Washington ports. Federal and
state agencies and private industries shall be invited to participate.
The project will develop equipment or methods to treat ballast water
and establish operational methods that do not increase the cost of
ballast water treatment at smaller ports. The legislature intends that
the cost of treatment required by this chapter is substantially
equivalent among large and small ports in Washington.
Sec. 124 RCW 77.120.060 and 2002 c 282 s 4 are each amended to
read as follows:
The legislature recognizes that international and national laws
relating to this chapter are changing and that state law must adapt
accordingly. The ((department)) director shall submit to the
legislature, and make available to the public, a report that summarizes
the results of this chapter and makes recommendations for improvement
to this chapter on or before December 1, 2001, and a second report on
or before December 1, 2004. The 2004 report shall describe how the
costs of treatment required as of July 1, 2004, will be substantially
equivalent among ports where treatment is required. The 2004 report
must describe how the states of Washington and Oregon are coordinating
their efforts for ballast water management in the Columbia river
system. The ((department)) director shall strive to fund the
provisions of this chapter through existing resources, cooperative
agreements with the maritime industry, and federal funding sources.
Sec. 125 RCW 77.120.090 and 2002 c 282 s 5 are each amended to
read as follows:
The ((department)) director, working with the United States coast
guard and the marine exchanges, will work cooperatively to improve the
ballast water information system and make improvements no later than
October 1, 2002. The cooperative effort will strive to obtain ballast
water reports for the United States coast guard under contract. The
reports may be used for ballast water management information under this
chapter and be forwarded to the United States coast guard for its
management purposes. Prior to July 1, 2002, the ((department))
director must take steps to reduce or eliminate the costs of reporting.
Sec. 126 RCW 77.125.040 and 2001 c 86 s 4 are each amended to
read as follows:
Rules to implement this chapter shall be adopted by the director no
sooner than thirty days following the end of the 2002 regular
legislative session. The director shall provide a written report to
the appropriate legislative committees by January 1, 2003, on the
progress of the program.
Sec. 127 RCW 15.85.010 and 1994 c 264 s 4 are each amended to
read as follows:
The legislature declares that aquatic farming provides a consistent
source of quality food, offers opportunities of new jobs, increased
farm income stability, and improves balance of trade.
The legislature finds that many areas of the state of Washington
are scientifically and biologically suitable for aquaculture
development, and therefore the legislature encourages promotion of
aquacultural activities, programs, and development with the same status
as other agricultural activities, programs, and development within the
state.
The legislature finds that aquaculture should be considered a
branch of the agricultural industry of the state for purposes of any
laws that apply to or provide for the advancement, benefit, or
protection of the agriculture industry within the state.
The legislature further finds that in order to ensure the maximum
yield and quality of cultured aquatic products, the ((department))
director of fish and wildlife should provide diagnostic services that
are workable and proven remedies to aquaculture disease problems.
It is therefore the policy of this state to encourage the
development and expansion of aquaculture within the state. It is also
the policy of this state to protect wildstock fisheries by providing an
effective disease inspection and control program and prohibiting the
release of salmon or steelhead trout by the private sector into the
public waters of the state and the subsequent recapture of such species
as in the practice commonly known as ocean ranching.
Sec. 128 RCW 16.36.005 and 2003 c 39 s 9 are each amended to read
as follows:
As used in this chapter:
"Animal" means all members of the animal kingdom except humans,
fish, and insects. However, "animal" does not mean noncaptive wildlife
as defined in RCW 77.08.010(16), except as used in RCW 16.36.050(1) and
16.36.080 (1), (2), (3), and (5).
"Animal reproductive product" means sperm, ova, fertilized ova, and
embryos from animals.
"Farm-raised fish" means fish raised by aquaculture as defined in
RCW 15.85.020. Farm-raised fish are considered to be a part of animal
agriculture; however, disease inspection, prevention, and control
programs and related activities for farm-raised fish are administered
by the ((department)) director of fish and wildlife under chapter
77.115 RCW.
"Communicable disease" means a disease due to a specific infectious
agent or its toxic products transmitted from an infected person,
animal, or inanimate reservoir to a susceptible host, either directly
or indirectly through an intermediate plant or animal host, vector, or
the environment.
"Contagious disease" means a communicable disease that is capable
of being easily transmitted from one animal to another animal or a
human.
"Director" means the director of agriculture of the state of
Washington or his or her authorized representative.
"Department" means the department of agriculture of the state of
Washington.
"Deputized state veterinarian" means a Washington state licensed
and accredited veterinarian appointed and compensated by the director
according to state law and department policies.
"Garbage" means the solid animal and vegetable waste and offal
together with the natural moisture content resulting from the handling,
preparation, or consumption of foods in houses, restaurants, hotels,
kitchens, markets, meat shops, packing houses and similar
establishments or any other food waste containing meat or meat
products.
"Herd or flock plan" means a written management agreement between
the owner of a herd or flock and the state veterinarian, with possible
input from a private accredited veterinarian designated by the owner
and the area veterinarian-in-charge of the United States department of
agriculture, animal and plant health inspection service, veterinary
services in which each participant agrees to undertake actions
specified in the herd or flock plan to control the spread of
infectious, contagious, or communicable disease within and from an
infected herd or flock and to work toward eradicating the disease in
the infected herd or flock.
"Hold order" means an order by the director to the owner or agent
of the owner of animals or animal reproductive products which restricts
the animals or products to a designated holding location pending an
investigation by the director of the disease, disease exposure, well-being, movement, or import status of the animals or animal reproductive
products.
"Infectious agent" means an organism including viruses, rickettsia,
bacteria, fungi, protozoa, helminthes, or prions that is capable of
producing infection or infectious disease.
"Infectious disease" means a clinical disease of humans or animals
resulting from an infection with an infectious agent that may or may
not be communicable or contagious.
"Livestock" means horses, mules, donkeys, cattle, bison, sheep,
goats, swine, rabbits, llamas, alpacas, ratites, poultry, waterfowl,
game birds, and other species so designated by statute. "Livestock"
does not mean free ranging wildlife as defined in Title 77 RCW.
"Person" means a person, persons, firm, or corporation.
"Quarantine" means the placing and restraining of any animal or its
reproductive products by the owner or agent of the owner within a
certain described and designated enclosure or area within this state,
or the restraining of any animal or its reproductive products from
entering this state, as may be directed in an order by the director.
"Reportable disease" means a disease designated by rule by the
director as reportable to the department by veterinarians and others
made responsible to report by statute.
"Veterinary biologic" means any virus, serum, toxin, and analogous
product of natural or synthetic origin, or product prepared from any
type of genetic engineering, such as diagnostics, antitoxins, vaccines,
live microorganisms, killed microorganisms, and the antigenic or
immunizing components intended for use in the diagnosis, treatment, or
prevention of diseases in animals.
Sec. 129 RCW 43.17.020 and 2006 c 265 s 112 are each amended to
read as follows:
There shall be a chief executive officer of each department to be
known as: (1) The secretary of social and health services, (2) the
director of ecology, (3) the director of labor and industries, (4) the
director of agriculture, (5) the director of fish and wildlife, (6) the
secretary of transportation, (7) the director of licensing, (8) the
director of general administration, (9) the director of community,
trade, and economic development, (10) the director of veterans affairs,
(11) the director of revenue, (12) the director of retirement systems,
(13) the secretary of corrections, (14) the secretary of health, (15)
the director of financial institutions, (16) the director of the
department of archaeology and historic preservation, and (17) the
director of early learning.
Such officers((, except the director of fish and wildlife,)) shall
be appointed by the governor, with the consent of the senate, and hold
office at the pleasure of the governor. ((The director of fish and
wildlife shall be appointed by the fish and wildlife commission as
prescribed by RCW 77.04.055.))
Sec. 130 RCW 69.30.070 and 1994 c 264 s 40 are each amended to
read as follows:
Any certificate of approval issued under the provisions of this
chapter shall not relieve any person from complying with the laws,
rules and/department)) director of fish and
wildlife, relative to shellfish.
Sec. 131 RCW 79.105.430 and 2005 c 155 s 106 are each amended to
read as follows:
(1) The abutting residential owner to state-owned shorelands,
tidelands, or related beds of navigable waters, other than harbor
areas, may install and maintain without charge a dock on the areas if
used exclusively for private recreational purposes and the area is not
subject to prior rights, including any rights of upland, tideland, or
shoreland owners as provided in RCW 79.125.400, 79.125.460, 79.125.410,
and 79.130.010. The dock cannot be sold or leased separately from the
upland residence. The dock cannot be used to moor boats for commercial
or residential use. This permission is subject to applicable local,
state, and federal rules and regulations governing location, design,
construction, size, and length of the dock. Nothing in this subsection
(1) prevents the abutting owner from obtaining a lease if otherwise
provided by law.
(2) The abutting residential owner to state-owned shorelands,
tidelands, or related beds of navigable waters, other than harbor
areas, may install and maintain a mooring buoy without charge if the
boat that is moored to the buoy is used for private recreational
purposes, the area is not subject to prior rights, including any rights
of upland, tideland, or shoreland owners as provided in RCW 79.125.400,
79.125.460, 79.125.410, and 79.130.010, and the buoy will not obstruct
the use of mooring buoys previously authorized by the department.
(a) The buoy must be located as near to the upland residence as
practical, consistent with applicable rules and regulations and the
provisions of this section. The buoy must be located, or relocated if
necessary, to accommodate the use of lawfully installed and maintained
buoys.
(b) If two or more residential owners, who otherwise qualify for
free use under the provisions of this section, are in dispute over
assertion of rights to install and maintain a mooring buoy in the same
location, they may seek formal settlement through adjudication in
superior court for the county in which the buoy site is located. In
the adjudication, preference must be given to the residential owner
that first installed and continually maintained and used a buoy on that
site, if it meets all applicable rules, regulations, and provisions of
this section, and then to the owner of the residential property nearest
the site. Nothing in this section requires the department to mediate
or otherwise resolve disputes between residential owners over the use
of the same site for a mooring buoy.
(c) The buoy cannot be sold or leased separately from the abutting
residential property. The buoy cannot be used to moor boats for
commercial or residential use, nor to moor boats over sixty feet in
length.
(d) If the department determines that it is necessary for secure
moorage, the abutting residential owner may install and maintain a
second mooring buoy, under the same provisions as the first, the use of
which is limited to a second mooring line to the boat moored at the
first buoy.
(e) The permission granted in this subsection (2) is subject to
applicable local, state, and federal rules and regulations governing
location, design, installation, maintenance, and operation of the
mooring buoy, anchoring system, and moored boat. Nothing in this
subsection (2) prevents a boat owner from obtaining a lease if
otherwise provided by law. This subsection (2) also applies to areas
that have been designated by the commissioner or the director of fish
and wildlife ((commission)) as aquatic reserves.
(3) This permission to install and maintain a recreational dock or
mooring buoy may be revoked by the department, or the department may
direct the owner of a recreational dock or mooring buoy to relocate
their dock or buoy, if the department makes a finding of public
necessity to protect waterward access, ingress rights of other
landowners, public health or safety, or public resources.
Circumstances prompting a finding of public necessity may include, but
are not limited to, the dock, buoy, anchoring system, or boat posing a
hazard or obstruction to navigation or fishing, contributing to
degradation of aquatic habitat, or contributing to decertification of
shellfish beds otherwise suitable for commercial or recreational
harvest. The revocation may be appealed as provided for under RCW
79.105.160.
(4) Nothing in this section authorizes a boat owner to abandon a
vessel at a recreational dock, mooring buoy, or elsewhere.
Sec. 132 RCW 79.135.030 and 2005 c 155 s 714 are each amended to
read as follows:
(1) If a person wrongfully takes shellfish or causes shellfish to
be wrongfully taken from the public lands and the wrongful taking is
intentional and knowing, the person is liable for damages of treble the
fair market retail value of the amount of shellfish wrongfully taken.
If a person wrongfully takes shellfish from the public lands under
other circumstances, the person is liable for damages of double the
fair market value of the amount of shellfish wrongfully taken.
(2) For purposes of this section, a person "wrongfully takes"
shellfish from public lands if the person takes shellfish: (a) Above
the limits of any applicable laws that govern the harvest of shellfish
from public lands; (b) without reporting the harvest to the department
of fish and wildlife or the department where the reporting is required
by law or contract; (c) outside the area or above the limits that an
agreement or contract from the department allows the harvest of
shellfish from public lands; or (d) without a lease or purchase of the
shellfish where the lease or purchase is required by law prior to
harvest of the shellfish.
(3) The remedies in this section are for civil damages and shall be
proved by a preponderance of the evidence. The department may file a
civil action in Thurston county superior court or the county where the
shellfish were taken against any person liable under this section.
Damages recovered under this section shall be applied in the same way
as received under geoduck harvesting agreements authorized by RCW
79.135.210.
(4) For purposes of the remedies created by this section, the
amount of shellfish wrongfully taken by a person may be established
either:
(a) By surveying the aquatic lands to reasonably establish the
amount of shellfish taken from the immediate area where a person is
shown to have been wrongfully taking shellfish;
(b) By weighing the shellfish on board any vessel or in possession
of a person shown to be wrongfully taking shellfish; or
(c) By any other evidence that reasonably establishes the amount of
shellfish wrongfully taken.
The amount of shellfish established by (a) or (b) of this
subsection shall be presumed to be the amount wrongfully taken unless
the defendant shows by a preponderance of evidence that the shellfish
were lawfully taken or that the defendant did not take the shellfish
presumed to have been wrongfully taken. Whenever there is reason to
believe that shellfish in the possession of any person were wrongfully
taken, the department or the department of fish and wildlife may
require the person to proceed to a designated off-load point and to
weigh all shellfish in possession of the person or on board the
person's vessel.
(5) This civil remedy is supplemental to the state's power to
prosecute any person for theft of shellfish, for other crimes where
shellfish are involved, or for violation of rules of the ((department))
director of fish and wildlife.
Sec. 133 RCW 79.135.230 and 2005 c 155 s 718 are each amended to
read as follows:
The department may enter into agreements with the ((department))
director of fish and wildlife for the development of an intensive
management plan for geoducks including the development and operation of
a geoduck hatchery.
Sec. 134 RCW 79.135.320 and 2005 c 155 s 712 are each amended to
read as follows:
(1) In the event that the director of fish and wildlife
((commission)) approves the vacation of the whole or any part of a
reserve, the department may vacate and offer for lease the parts or all
of the reserve as it deems to be for the best interest of the state,
and all moneys received for the lease of the lands shall be paid to the
department.
(2) Notwithstanding RCW 77.60.020, subsection (1) of this section,
or any other provision of state law, the state oyster reserves in Eld
Inlet, Hammersley Inlet, or Totten Inlet, situated in Mason or Thurston
counties shall permanently be designated as state oyster reserve lands.
Sec. 135 RCW 79.135.410 and 2005 c 155 s 715 are each amended to
read as follows:
(1) The maximum daily wet weight harvest or possession of seaweed
for personal use from all state-owned aquatic lands and all privately
owned tidelands is ten pounds per person. The department in
cooperation with the ((department)) director of fish and wildlife may
establish seaweed harvest limits of less than ten pounds for
conservation purposes. This section shall in no way affect the ability
of any state agency to prevent harvest of any species of marine aquatic
plant from lands under its control, ownership, or management.
(2) Except as provided under subsection (3) of this section,
commercial harvesting of seaweed from state-owned aquatic lands, and
all privately owned tidelands is prohibited. This subsection shall in
no way affect commercial seaweed aquaculture.
(3) Upon mutual approval by the department and the ((department))
director of fish and wildlife, seaweed species of the genus Macrocystis
may be commercially harvested for use in the herring spawn-on-kelp
fishery.
(4) Importation of seaweed species of the genus Macrocystis into
Washington state for the herring spawn-on-kelp fishery is subject to
the fish and shellfish disease control policies of the ((department))
director of fish and wildlife. Macrocystis shall not be imported from
areas with fish or shellfish diseases associated with organisms that
are likely to be transported with Macrocystis. The department shall
incorporate this policy on Macrocystis importation into its overall
fish and shellfish disease control policies.
Sec. 136 RCW 87.84.061 and 1994 c 264 s 79 are each amended to
read as follows:
The water in any natural or impounded lake, wholly or partially
within the boundaries of an irrigation and rehabilitation district,
together with all use of said water and the bottom and shore lines to
the line established by the highest level where water has been or shall
be stored in said lake, shall be regulated, controlled and used by the
irrigation and rehabilitation district in order to further the health,
safety, recreation and welfare of the residents in the district and the
citizens and guests of the state of Washington, subject to rights of
the United States bureau of reclamation and any irrigation districts
organized under the laws of the state of Washington.
In addition to the powers expressly or impliedly enumerated above,
the directors of an irrigation and rehabilitation district shall have
the power and authority to:
(1) Control and regulate the use of boats, skiers, skin divers,
aircraft, ice skating, ice boats, swimmers or any other use of said
lake, by means of appropriate rules and regulations not inconsistent
with state fish, game or aeronautics laws.
(2) Expend district funds for the control of mosquitoes or other
harmful insects which may affect the use of any lake located in the
district: PROVIDED, That the state department of social and health
services gives its approval in writing to any district program
instituted under the authority of this item. District funds may be
expended for mosquito and insect control or other district projects or
activities even though it may be necessary to place chemicals or carry
on activities on areas located outside of an irrigation and
rehabilitation district's boundaries. These funds may be transferred
to the jurisdictional health department for the purpose of carrying out
the provisions of this item.
(3) Except for state highways, control, regulate or prohibit by
means of rules and regulations, the building, construction, placing or
allowing to be placed from adjoining land, sand, gravel, dirt, rock,
tires, lumber, logs, bottles, cans, garbage and trash, or any
loathsome, noxious substances or materials of any kind, and any piling,
causeways, fill, roads, culverts, wharfs, bulkheads, buildings,
structures, floats, or markers, in, on or above the line established by
the highest level where water has been or shall be stored in said lake,
located in the district, in order to further the interests of the
citizens of the state of Washington, and residents of the district.
(4) Except for state highways, control, regulate and require the
placing, maintenance and use of culverts and boat accesses under and
through existing fills constructed over and/
(5) Control the taking of carp or other rough fish located in the
district and including the right to grant or sell an exclusive or
concurrent franchise for the taking of carp or other rough fish,
providing the ((department)) director of fish and wildlife gives
((their)) the director's approval in writing to any district project
regarding the capture, or sale of fish.
(6) Control and regulate by means of rules and regulations the
direct or indirect introduction into any lake within the district of
any human, animal or industrial waste products, sewage, effluent or
byproducts, treated or untreated: PROVIDED, That the state department
of ecology gives its approval in writing to any district program
instituted under this section, and nothing herein shall be deemed to
amend, repeal, supersede, or otherwise modify any laws or regulations
relating to public health or to the department of ecology.
(7) Except for state highways, construct, maintain, place, and/
Sec. 137 RCW 90.03.360 and 1994 c 264 s 85 are each amended to
read as follows:
(1) The owner or owners of any water diversion shall maintain, to
the satisfaction of the department of ecology, substantial controlling
works and a measuring device constructed and maintained to permit
accurate measurement and practical regulation of the flow of water
diverted. Every owner or manager of a reservoir for the storage of
water shall construct and maintain, when required by the department,
any measuring device necessary to ascertain the natural flow into and
out of said reservoir.
Metering of diversions or measurement by other approved methods
shall be required as a condition for all new surface water right
permits, and except as provided in subsection (2) of this section, may
be required as a condition for all previously existing surface water
rights. The department may also require, as a condition for all water
rights, metering of diversions, and reports regarding such metered
diversions as to the amount of water being diverted. Such reports
shall be in a form prescribed by the department.
(2) Where water diversions are from waters in which the salmonid
stock status is depressed or critical, as determined by the
((department)) director of fish and wildlife, or where the volume of
water being diverted exceeds one cubic foot per second, the department
shall require metering or measurement by other approved methods as a
condition for all new and previously existing water rights or claims.
The department shall attempt to integrate the requirements of this
subsection into its existing compliance workload priorities, but shall
prioritize the requirements of this subsection ahead of the existing
compliance workload where a delay may cause the decline of wild
salmonids. The department shall notify the department of fish and
wildlife of the status of fish screens associated with these
diversions.
This subsection (2) shall not apply to diversions for public or
private hatcheries or fish rearing facilities if the diverted water is
returned directly to the waters from which it was diverted.
NEW SECTION. Sec. 138 RCW 77.04.013 (Findings and intent) and
1995 1st sp.s. c 2 s 1 are each repealed.
NEW SECTION. Sec. 139 The code reviser is directed to put the
defined terms in RCW 77.08.010 in alphabetical order.