HOUSE BILL REPORT

E2SHB 758

BYHouse Committee on Ways & Means (originally sponsored by Representatives Sutherland, Belcher, McMullen and P. King; by request of  Governor Gardner)

Establishing the department of wildlife.

House Committe on Natural Resources

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (15)

     Signed by Representatives Sutherland, Chair; K. Wilson, Vice Chair; Amondson, Basich, Beck, Belcher, Bumgarner, Cole, Fuhrman, Hargrove, Haugen, R. King, Meyers, Sayan and Spanel.

Minority Report:     Do not pass.  (3)

     Signed by Representatives Schmidt, C. Smith and S. Wilson.

House Staff:Bill Koss (786-7129)

Rereferred House Committee on State Government

Majority Report:     The substitute bill by Committee on Natural Resources be substituted therefor and the substitute bill do pass.  (9)

     Signed by Representatives H. Sommers, Chair; Peery, Vice Chair; Baugher, Chandler, Hankins, O'Brien, Sayan, Taylor and Walk.

House Staff:    Pam Madson (786-7135)

Rereferred House Committee on Ways & Means

Majority Report:     The second substitute bill be substituted therefor and the second substitute bill do pass.  (23)

     Signed by Representatives Grimm, Chair; Bristow, Vice Chair; Allen, Appelwick, Basich, Belcher, Brekke, Ebersole, Fuhrman, Grant, Hine, Locke, Madsen, McMullen, Nealey, Niemi, Peery, Rust, Sayan, H. Sommers, Sprenkle, Valle and Winsley.

Minority Report:     Do not pass.  (6)

     Signed by Representatives Holland, McLean, Schoon, Silver, L. Smith and B. Williams.  

House Staff:    Randy Acker (786-7153)

AS PASSED HOUSE MARCH 19, 1987

BACKGROUND:

The Department of Game and the Game Commission were established by passage of Initiative 62 in 1932.  By the same Initiative, the Department of Fish and Game was abolished, and duties of the Fisheries Board were assumed by the director of Fisheries.  The Game Commission assumed the responsibility for setting hunting/fishing seasons, limits, and fees from 39 county organizations.

In 1945, the legislature abolished the Game Commission and gave the governor the authority to appoint the director of the Department of Game.  The voters, by a margin of 7 to 1, overturned this legislation through a referendum that same year.

The Game Commission consists of six members, three from each side of the Cascades.  Two are appointed in each odd numbered year.  Each member serves for six years.  To qualify, members must have a knowledge of the habits and distributions of wildlife.  The commission meets at least four times per year to set rules regarding the time, place, manner, and quantity of game animals that may be taken.  It directs the management of the agency and establishes rules protecting animals.  The members do not receive a salary, but may earn per diem of $100 per day.

The director serves at the pleasure of the commission and performs the duties prescribed by law and the commission.  The director is responsible for the administration and operation of the department.

SUMMARY:

The name of the Game Department is changed to the Department of Wildlife and the Game Commission becomes the Wildlife Commission. The governor appoints the director of Wildlife after consulting with the commission regarding the skills, qualifications, and experience necessary for the job and is advised by the commission in selecting a director.  New responsibilities of the commission include establishing basic goals and objectives for the department, preparing an analysis of Washington's wildlife and wildlife recreational needs, emphasizing innovative management methods, and finding alternative revenue sources.  The commission continues to establish the time, place, manner, and species of animals for which hunting or fishing is permitted.

The director, acting under guidance of the commission, may regulate deleterious exotic wildlife, establish special hunts, acquire and dispose of real property, regulate hunting or fishing contests, and license and regulate game farms.  The director may reinstate hunting licenses revoked by agency rule or court order.

The income received by the state from the prosecution of hunting and fishing violations as the reimbursement value of illegally taken wildlife increases from a maximum of $1,000 to $15,000.  In addition, the court shall award from 5 to 10 percent of the reimbursement value to the newly created state wildlife conservation reward fund.  Money from the fund will be used by the director to reward people reporting violations of wildlife laws.

A Washington trophy hunt is established.  The commission may permit organizations to auction a permit, issued by the department, to hunt a post mature male trophy-quality animal.  Proceeds from the auction will raise funds for the department and the sponsoring organization.

When the department prepares to lease the right to explore for oil or gas, the leases will be offered by the Department of Natural Resources.  The Game Department shall condition the leases to protect wildlife and wildlife habitat.  Proceeds from the leases will go the the wildlife fund.

No department official may retaliate against another department employee for the employee's support of or opposition to HB 758 or its successors.

Eight million dollars from the General Fund is appropriated to the Department of Wildlife.

EFFECT OF SENATE AMENDMENT(S):  The amendments affect seven major areas:  1) the process for appointing the Game Department director; 2) preparation of a detailed spending plan; 3) provisions affecting the appropriation of $8 million from the general fund; 4) granting free hunting and fishing licenses to veterans with more than a 30 percent disability; 5) requiring the commission to adopt a policy regarding charging senior citizens for currently received free of charge fishing licenses; 6) removing anti-retaliation language to protect employees taking a position for or against E2SHB 758; and 7) requiring the department to operate a fish collections facility to be built by the Corps of Engineers on the Toutle River.

The appointment process provides that the Game Commission will provide a list of at least three qualified candidates to the governor.  The candidates must have experience with hunting or fishing or demonstrated a commitment to these sports.

In preparing the detailed spending plan, the department must report in several specified areas.  The appropriate House and Senate committees will be provided bimonthly reports until the final report is prepared in November 1987.

The department will receive $3.5 million from the general fund immediately.  The remaining $4.5 million will be provided unless the legislature rejects the proposed spending plan.

Appropriation:  $8 million is appropriated from the General Fund.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     (Natural Resources) Dave McCraney, Governor's Office; Dr. Jim Walton, Chairman of the State Game Commission; Dennis Barci and Terry Karro, Game Commissioners; John McGlenn, Coalition for Wildlife; Jerry Rowland, citizen; Jerry Pavletich, Northwest Salmon Steelhead Club & Trout Unlimited; John Sager, Northwest Fly Fishing Club; Chuck Chambers, Black Hills Audubon Society; Art Solomon, Inland Northwest Wildlife Council; Scott Sigmon, Washington Federation of Employees; Pam Crocker-Davis, National Audubon Society.

(State Government) Representative Dean Sutherland; and Dave McCraney, Governor's Office.

(Ways & Means)  Paul McCraney, Governor's Office; James Walson, State Game Commission; John McGlenn, Coalition for Wildlife; Scott Sigmon, Washington Federation of State Employees.

House Committee - Testified Against: (Natural Resources) John Epley, Steelhead & Trout Club of Washington; Ed Brazina, Pierce County Sportsmen's Council; Carol Lewis, Washington State Sportsmen's Council.

(State Government) None Presented.

(Ways & Means) None Presented.

House Committee - Testimony For:     (Natural Resources) The bill makes the director more accountable, provides for a broader funding base for the agency, and gives the commission a substantial role in determining agency policies.  The commission continues to set the time, place and manner in which fish and game are taken.  To run the agency effectively, however, the appropriation must increase from $5.9 million to at least $10 million, preferably $14 million.

(State Government) Lines of authority between the governor and the Wildlife Commission and the Department of Wildlife are established.  The governor appoints the director of the department but the commission must agree to the candidates for the position.  The governor is given accountability for general fund dollars.  The appropriation of $14 million is appropriate and provides for the department's funding priorities.  It covers shortfall plus enhancements.

(Ways & Means)  The bill incorporates three key elements:  1) The governor appoints the director; 2) The commission continues to play a substantive role; and 3) There is a substantial increase in funding.  The appropriation recognizes the need for the general public to support wildlife.  Without it there will be negative impacts on the state's wildlife.  Protecting the civil service rights of employees is important.

House Committee - Testimony Against: (Natural Resources) The bill will destroy the non-political basis of the department.  The state should retain the existing process of selecting the director and fund the agency with General Fund money for legislatively mandated programs.

(State Government) None Presented.

(Ways & Means)  None Presented.

VOTE ON FINAL PASSAGE:

     Yeas 65; Nays 31; Excused 2

Voting Nay:     Representatives Ballard, Barnes, Betrozoff, Braddock, Brooks, Brough, Chandler, Cooper, Doty, Ferguson, Heavey, Holland, May, McLean, Padden, Patrick, Sanders, Schmidt, Schoon, Silver, C. Smith, L. Smith, D. Sommers, Sprenkle, Taylor, Vekich, Walker, J. Williams, K. Wilson, S. Wilson and Mr. Speaker

Excused:   Representatives Moyer and Pruitt