BILL REQ. #:  S-3430.2 

Read first time 01/10/12.   Referred to Committee on Energy, Natural Resources & Marine Waters.

     AN ACT Relating to permitting recreation rock collecting subject to certain restrictions; amending RCW 43.30.020 and 79A.05.010; reenacting and amending RCW 77.08.010; adding a new section to chapter 77.12 RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 79A.05 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   Recreational rock collecting in reasonable quantities for hobby use is a permitted activity on public land administered by the United States bureau of land management subject to certain restrictions. The legislature intends that Washington law reflect the allowances for this recreational activity on state lands managed by the following agencies: The department of fish and wildlife, the department of natural resources, and the state parks and recreation commission.

Sec. 2   RCW 77.08.010 and 2011 c 324 s 3 are each reenacted and amended to read as follows:
     The definitions in this section apply throughout this title or rules adopted under this title unless the context clearly requires otherwise.
     (1) "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.
     (2) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under subsections (3), (28), (40), (44), (60), and (61) of this section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).
     (3) "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.
     (4) "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.
     (5) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.
     (6) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission 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 as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.
     (7) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.
     (8) "Commercial" means related to or connected with buying, selling, or bartering.
     (9) "Commission" means the state fish and wildlife commission.
     (10) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
     (11) "Contraband" means any property that is unlawful to produce or possess.
     (12) "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.
     (13) "Department" means the department of fish and wildlife.
     (14) "Director" means the director of fish and wildlife.
     (15) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.
     (16) "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.
     (17) "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.
     (18) "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.
     (19) "Fish broker" means a person whose business it is to bring a seller of fish and shellfish and a purchaser of those fish and shellfish together.
     (20) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.
     (21) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
     (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.
     (23) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.
     (24) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.
     (25) "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.
     (26) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.
     (27) "Illegal items" means those items unlawful to be possessed.
     (28) "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.
     (29) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.
     (30) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.
     (31) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.
     (32) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
     (33) "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.
     (34) "Open season" means those times, manners of taking, and places or waters established by rule of the commission 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 that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission. "Open season" includes the first and last days of the established time.
     (35) "Owner" means the person in whom is vested the ownership dominion, or title of the property.
     (36) "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.
     (37) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes, among other property, contraband and money.
     (38) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.
     (39) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.
     (40) "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.
     (41) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.
     (42) "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.
     (43) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.
     (44) "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.
     (45) "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.
     (46) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.
     (47) "Saltwater" means those marine waters seaward of river mouths.
     (48) "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.
     (49) "Senior" means a person seventy years old or older.
     (50) "Shark fin" means a raw, dried, or otherwise processed detached fin or tail of a shark.
     (51)(a) "Shark fin derivative product" means any product intended for use by humans or animals that is derived in whole or in part from shark fins or shark fin cartilage.
     (b) "Shark fin derivative product" does not include a drug approved by the United States food and drug administration and available by prescription only or medical device or vaccine approved by the United States food and drug administration.
     (52) "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. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
     (53) "State waters" means all marine waters and freshwaters within ordinary high water lines and within the territorial boundaries of the state.
     (54) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish.
     (55) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.
     (56) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.
     (57) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
     (58) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
     (59) "Unclaimed" means that no owner of the property has been identified or has requested, in writing, the release of the property to themselves nor has the owner of the property designated an individual to receive the property or paid the required postage to effect delivery of the property.
     (60) "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.
     (61) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.
     (62) "Wholesale fish dealer" means a person who, acting for commercial purposes, takes possession or ownership of fish or shellfish and sells, barters, or exchanges or attempts to sell, barter, or exchange fish or shellfish that have been landed into the state of Washington or entered the state of Washington in interstate or foreign commerce.
     (63) "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.
     (64) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.
     (65) "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.
     (66) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.
     (67) "Mineral" means a naturally occurring solid substance with a specific chemical composition and crystalline structure. "Mineral" includes noncrystallized natural materials such as volcanic glass (obsidian) and opal, as well as all metallic minerals.
     (68) "Petrified wood" means a type of fossilized terrestrial vegetation and should be distinguished from wood debris.
     (69) "Rock" means a naturally occurring solid substance consisting of an assemblage of minerals such as quartz, feldspar, mica, garnet, and iron pyrite. "Rock" includes associated nonvertebrate fossils that may be included in rocks.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.12 RCW to read as follows:
     (1) Recreational rock collecting from lands managed by the department is permitted under this chapter without written authorization provided:
     (a) The collection is for personal, noncommercial use;
     (b) The collection does not exceed two hundred fifty pounds per day; and
     (c) Only hand tools, such as shovels and picks, are used.
     (2) Recreational rock collecting that is for commercial use, exceeds two hundred fifty pounds per day, or uses explosives or power equipment requires written authorization and payment of applicable fees.
     (3) The department may prohibit recreational rock collecting in certain areas to prevent significant damage to natural resources, to protect public health and safety, or avoid conflict with other permitted uses.
     (4) Collection of petrified wood from lands managed by the department is permitted under this chapter without written authorization provided the amount collected does not exceed twenty-five pounds per day and no more than two hundred fifty pounds per year.
     (5) Pooling of petrified wood quotas among two or more people is prohibited.
     (6) A permit is required for the collection of petrified wood in amounts exceeding those listed in subsection (4) of this section.
     (7) Excavation, collection, or destruction of human remains, artifacts, or vertebrate fossils including skeletal materials, arrowheads, flakes, pottery or potsherds, mats, rock art, old bottles, or pieces of equipment or buildings is prohibited.
     (8) Rock collection on active mining claims is prohibited.
     (9) Rock collection in department managed rock quarries or stockpiles of crushed rock for road maintenance is prohibited.

Sec. 4   RCW 43.30.020 and 2010 c 126 s 7 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Administrator" means the administrator of the department of natural resources.
     (2) "Agency" and "state agency" means any branch, department, or unit of the state government, however designated or constituted.
     (3) "Board" means the board of natural resources.
     (4) "Commissioner" means the commissioner of public lands.
     (5) "Department" means the department of natural resources.
     (6) "Supervisor" means the supervisor of natural resources.
     (7) "Mineral" means a naturally occurring solid substance with a specific chemical composition and crystalline structure. "Mineral" includes noncrystallized natural materials such as volcanic glass (obsidian) and opal, as well as all metallic minerals.
     (8) "Petrified wood" means a type of fossilized terrestrial vegetation and should be distinguished from wood debris.
     (9) "Rock" means a naturally occurring solid substance consisting of an assemblage of minerals such as quartz, feldspar, mica, garnet, and iron pyrite. "Rock" includes associated nonvertebrate fossils that may be included in rocks.

NEW SECTION.  Sec. 5   A new section is added to chapter 43.30 RCW to read as follows:
     (1) Recreational rock collecting from lands managed by the department is permitted under this chapter without written authorization provided:
     (a) The collection is for personal, noncommercial use;
     (b) The collection does not exceed two hundred fifty pounds per day; and
     (c) Only hand tools, such as shovels and picks, are used.
     (2) Recreational rock collecting that is for commercial use, exceeds two hundred fifty pounds per day, or uses explosives or power equipment requires written authorization and payment of applicable fees.
     (3) The department may prohibit recreational rock collecting in certain areas to prevent significant damage to natural resources, to protect public health and safety, or avoid conflict with other permitted uses.
     (4) Collection of petrified wood from lands managed by the department is permitted under this chapter without written authorization provided the amount collected does not exceed twenty-five pounds per day and no more than two hundred fifty pounds per year.
     (5) Pooling of petrified wood quotas among two or more people is prohibited.
     (6) A permit is required for the collection of petrified wood in amounts exceeding those listed in subsection (4) of this section.
     (7) Excavation, collection, or destruction of human remains, artifacts, or vertebrate fossils including skeletal materials, arrowheads, flakes, pottery or potsherds, mats, rock art, old bottles, or pieces of equipment or buildings is prohibited.
     (8) Rock collection on active mining claims is prohibited.
     (9) Rock collection in department managed rock quarries or stockpiles of crushed rock for road maintenance is prohibited.

Sec. 6   RCW 79A.05.010 and 1999 c 249 s 101 are each amended to read as follows:
     The definitions in this section apply throughout this title unless the context clearly requires otherwise.
     (1) "Commission" means the state parks and recreation commission.
     (2) "Chair" means the member of the commission elected pursuant to RCW 79A.05.025.
     (3) "Director" and "director of the state parks and recreation commission" mean the director of parks and recreation or the director's designee.
     (4) "Recreation" means those activities of a voluntary and leisure time nature that aid in promoting entertainment, pleasure, play, relaxation, or instruction.
     (5) "Natural forest" means a forest that faithfully represents, or is meant to become representative of, its unaltered state.
     (6) "Mineral" means a naturally occurring solid substance with a specific chemical composition and crystalline structure. "Mineral" includes noncrystallized natural materials such as volcanic glass (obsidian) and opal, as well as all metallic minerals.
     (7) "Petrified wood" means a type of fossilized terrestrial vegetation and should be distinguished from wood debris in this chapter.
     (8) "Rock" means a naturally occurring solid substance consisting of an assemblage of minerals such as quartz, feldspar, mica, garnet, and iron pyrite. "Rock" includes associated nonvertebrate fossils that may be included in rocks.

NEW SECTION.  Sec. 7   A new section is added to chapter 79A.05 RCW to read as follows:
     (1) Recreational rock collecting from lands managed by the commission is permitted under this chapter without written authorization provided:
     (a) The collection is for personal, noncommercial use;
     (b) The collection does not exceed two hundred fifty pounds per day; and
     (c) Only hand tools, such as shovels and picks, are used.
     (2) Recreational rock collecting that is for commercial use, exceeds two hundred fifty pounds per day, or uses explosives or power equipment requires written authorization and payment of applicable fees.
     (3) The commission may prevent recreational rock collecting in certain areas in accordance with the commission's other duties and obligations.
     (4) Collection of petrified wood from lands managed by the commission is permitted under this chapter without written authorization provided the amount collected does not exceed twenty-five pounds per day and no more than two hundred fifty pounds per year.
     (5) Pooling of petrified wood quotas among two or more people is prohibited.
     (6) A permit is required for the collection of petrified wood in amounts exceeding those listed in subsection (4) of this section.
     (7) Excavation, collection, or destruction of human remains, artifacts, or vertebrate fossils including skeletal materials, arrowheads, flakes, pottery or potsherds, mats, rock art, old bottles, or pieces of equipment or buildings is prohibited.
     (8) Rock collection on active mining claims is prohibited.
     (9) Rock collection in commission managed rock quarries or stockpiles of crushed rock for road maintenance is prohibited.