BILL REQ. #:  S-3463.2 

Read first time 01/16/12.   Referred to Committee on Energy, Natural Resources & Marine Waters.

     AN ACT Relating to the authority of the department of fish and wildlife to prohibit the use or possession of ammunition containing lead; amending RCW 77.12.047 and 77.12.210; and creating a new section.

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

Sec. 1   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, fish, or shellfish is lawful or unlawful.
     (b) Specifying the areas and waters in which the taking and possession of wildlife, 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, fish, or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed. However, the commission may only prohibit the use or possession of ammunition due to lead content where the commission finds that the prohibition is necessary and narrowly tailored to address significant and substantiated impacts to one or more wildlife populations.
     (d) Regulating the importation, transportation, possession, disposal, landing, and sale of wildlife, 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, fish, or shellfish.
     (f) Regulating the size, sex, species, and quantities of wildlife, 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, fish, or shellfish.
     (h) Classifying species of marine and freshwater life as food fish or shellfish.
     (i) Classifying the species of wildlife, fish, and shellfish that may be used for purposes other than human consumption.
     (j) Regulating the taking, sale, possession, and distribution of wildlife, fish, shellfish, or deleterious exotic wildlife.
     (k) Establishing game reserves and closed areas where hunting for wild animals or wild birds may be prohibited.
     (l) Regulating the harvesting of fish, shellfish, and wildlife in the federal exclusive economic zone by vessels or individuals registered or licensed under the laws of this state.
     (m) Authorizing issuance of permits to release, plant, or place fish or shellfish in state waters.
     (n) Governing the possession of fish, shellfish, or wildlife so that the size, species, or sex can be determined visually in the field or while being transported.
     (o) Other rules necessary to carry out this title and the purposes and duties of the department.
     (2) Subsections (1)(a), (b), (c), (d), and (f) of this section do 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) Except for subsection (1)(g) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020. Subsection (1)(g) of this section does apply to such products.

Sec. 2   RCW 77.12.210 and 2009 c 333 s 33 are each amended to read as follows:
     (1) The director shall maintain and manage real or personal property owned, leased, or held by the department and shall control the construction of buildings, structures, and improvements in or on the property. The director may adopt rules for the operation and maintenance of the property.
     (2) The commission may only prohibit the use or possession of ammunition on department-managed land due to lead content where the commission finds that the prohibition is necessary and narrowly tailored to address significant and substantiated impacts to one or more wildlife populations.
     (3) The commission may authorize the director to sell, lease, convey, or grant concessions upon real or personal property under the control of the department. This includes the authority to sell timber, gravel, sand, and other materials or products from real property held by the department, and to sell or lease the department's real or personal property or grant concessions or rights-of-way for roads or utilities in the property. Oil and gas resources owned by the state which lie below lands owned, leased, or held by the department shall be offered for lease by the commissioner of public lands pursuant to chapter 79.14 RCW with the proceeds being deposited in the state wildlife account created in RCW 77.12.170: PROVIDED, That the commissioner of public lands shall condition such leases at the request of the department to protect wildlife and its habitat.
     (4) If the commission determines that real or personal property held by the department cannot be used advantageously by the department, the director may dispose of that property if it is in the public interest.
     (5) If the state acquired real property with use limited to specific purposes, the director may negotiate terms for the return of the property to the donor or grantor. Other real property shall be sold to the highest bidder at public auction. After appraisal, notice of the auction shall be published at least once a week for two successive weeks in a newspaper of general circulation within the county where the property is located at least twenty days prior to sale.
     (6) Proceeds from the sales shall be deposited in the state wildlife account created in RCW 77.12.170.

NEW SECTION.  Sec. 3   By July 1, 2013, and within existing resources, the state fish and wildlife commission shall review and update its rules to ensure consistency with this act.