READ FIRST TIME 02/12/07.   

     AN ACT Relating to sampling of fish, wildlife, and shellfish by department of fish and wildlife employees; amending RCW 77.15.360 and 77.15.568; adding a new section to chapter 77.12 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature intends that sampling of fish, wildlife, and shellfish by department of fish and wildlife employees will ensure the conservation and management of fish, shellfish, and wildlife. Because the harvest of fish and wildlife is regulated by the department, the legislature finds that sampling by departmental employees will benefit the resource, and will further the department's research related to fish, wildlife, and shellfish. This section and section 2 of this act do not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.

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

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

Sec. 4   RCW 77.15.568 and 2003 c 336 s 1 are each amended to read as follows:
     ((Since violation of rules of the department relating to the accounting of the commercial harvest of food fish, commercialized game fish, and shellfish result in damage to the resources of the state, persons selling such fish and shellfish at retail, including but not limited to stores, markets, and restaurants, must maintain sufficient records for the department to be able to ascertain the origin of the fish and shellfish in their possession.
     (1) A retail fish seller is guilty of retail fish seller's failure to account for commercial harvest if the retail seller sells fish or shellfish at retail, the fish or shellfish were required to be entered on a Washington state fish receiving ticket, the seller is not a wholesale fish dealer or fisher selling under a direct retail sale endorsement, and the seller fails to maintain sufficient records at the location where the fish or shellfish are being sold to determine the following:
     (a) The name of the wholesale fish dealer or fisher selling under a direct retail sale endorsement from whom the fish were purchased;
     (b) The wholesale fish dealer's license number or the number of the fisher's sale under a direct retail sale endorsement;
     (c) The fish receiving ticket number documenting original receipt, if known;
     (d) The date of purchase; and
     (e) The amount of fish or shellfish originally purchased from the wholesale dealer or fisher selling under a direct retail sale endorsement.
     (2) A retail fish seller's failure to account for commercial harvest is a misdemeanor.))
     (1) A person is guilty of a secondary commercial fish receiver's failure to account for commercial harvest if:
     (a) The person sells fish or shellfish at retail, stores or holds fish or shellfish for another in exchange for valuable consideration, ships fish or shellfish in exchange for valuable consideration, or brokers fish or shellfish in exchange for valuable consideration;
     (b) The fish or shellfish were required to be entered on a Washington fish receiving ticket or a Washington aquatic farm production annual report; and
     (c) The person fails to maintain records of each receipt of fish or shellfish, as required under subsections (3) through (5) of this section, at the location where the fish or shellfish are being sold, at the location where the fish or shellfish are being stored or held, or at the principal place of business of the shipper or broker.
     (2) This section does not apply to a wholesale fish dealer, a fisher selling under a direct retail sale endorsement, or a registered aquatic farmer.
     (3) Records of the receipt of fish or shellfish required to be kept under this section must be in the English language and be maintained for three years from the date fish or shellfish are received, shipped, or brokered.
     (4) Records maintained by persons that retail or broker must include the following:
     (a) The name, address, and phone number of the wholesale fish dealer, fisher selling under a direct retail sale endorsement, or aquatic farmer or shellstock shipper from whom the fish or shellfish were purchased or received;
     (b) The Washington fish receiving ticket number documenting original receipt or aquatic farm production quarterly report documenting production, if available;
     (c) The date of purchase or receipt; and
     (d) The amount and species of fish or shellfish purchased or received.
     (5) Records maintained by persons that store, hold, or ship fish or shellfish for others must state the following:
     (a) The name, address, and phone number of the person and business from whom the fish or shellfish were received;
     (b) The date of receipt; and
     (c) The amount and species of fish or shellfish received.
     (6) A secondary commercial fish receiver's failure to account for commercial harvest is a misdemeanor.