State Washington Chapter 77.12 RCW Powers and duties Chapter 77.12 RCW Powers and duties Notes: Wild salmonid policy: RCW 77.65.420. -------------------------------------------------------------------------------- 77.12.010 Limitation on prohibiting fishing with bait or artificial lures. The commission shall not adopt rules that categorically prohibit fishing with bait or artificial lures in streams, rivers, beaver ponds, and lakes except that the commission 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. [2000 c 107 § 210; 1985 c 438 § 1; 1980 c 78 § 12; 1977 c 74 § 1; 1955 c 36 § 77.12.010. Prior: 1947 c 275 § 11; Rem. Supp. 1947 § 5992-21.] Notes: Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.020 Wildlife to be classified. (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 may classify nonnative aquatic animal species according to the following categories: (a) Prohibited aquatic animal species: These species are considered by the commission 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 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 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: 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 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, and may not be released into state waters. Upon request, the commission 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. [2002 c 281 § 3; 1994 c 264 § 53; 1987 c 506 § 13; 1980 c 78 § 13; 1969 ex.s. c 18 § 1; 1955 c 36 § 77.12.020. Prior: 1947 c 275 § 12; Rem. Supp. 1947 § 5992-22.] Notes: Purpose -- 2002 c 281: See note following RCW 77.08.010. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.031 Llamas and alpacas. The authority of the department does not extend to preventing, controlling, or suppressing diseases in llamas or alpacas or to controlling the movement or sale of llamas or alpacas. This section shall not be construed as granting or denying authority to the department to prevent, control, or suppress diseases in any animals other than llamas and alpacas. [1994 c 264 § 54; 1993 c 80 § 4.] -------------------------------------------------------------------------------- 77.12.035 Protection of grizzly bears — Limitation on transplantation or introduction — Negotiations with federal and state agencies. The commission shall protect grizzly bears and develop management programs on publicly owned lands that will encourage the natural regeneration of grizzly bears in areas with suitable habitat. Grizzly bears shall not be transplanted or introduced into the state. Only grizzly bears that are native to Washington state may be utilized by the department for management programs. The department is directed to fully participate in all discussions and negotiations with federal and state agencies relating to grizzly bear management and shall fully communicate, support, and implement the policies of this section. [2000 c 107 § 211; 1995 c 370 § 1.] -------------------------------------------------------------------------------- 77.12.037 Acquisition, use, and management of property — Condemnation — When authorized. The commission may acquire by gift, easement, purchase, lease, or condemnation lands, buildings, water rights, rights of way, or other necessary property, and construct and maintain necessary facilities for purposes consistent with this title. The commission may authorize the director to acquire property under this section, but the power of condemnation may only be exercised by the director when an appropriation has been made by the legislature for the acquisition of a specific property, except to clear title and acquire access rights of way. The commission may sell, lease, convey, or grant concessions upon real or personal property under the control of the department. [2000 c 107 § 4; 1995 1st sp.s. c 2 § 23 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 9; 1955 c 212 § 1; 1955 c 12 § 75.08.040. Prior: 1949 c 112 § 7(2); Rem. Supp. 1949 § 5780-206(2). Formerly RCW 75.08.040.] Notes: Referral to electorate -- 1995 1st sp.s. c 2: See note following RCW 77.04.013. Effective date -- 1995 1st sp.s. c 2: See note following RCW 43.17.020. Tidelands reserved for recreational use and taking of fish and shellfish: RCW 79.125.740, 79.125.750. -------------------------------------------------------------------------------- 77.12.039 Acceptance of funds or property for damage claims or conservation of fish, shellfish, and wildlife resources. The director may accept money or real property from persons under conditions requiring the use of the property or money for the protection, rehabilitation, preservation, or conservation of the state wildlife, fish, and shellfish resources, or in settlement of claims for damages to wildlife, fish, and shellfish resources. The director shall only accept real property useful for the protection, rehabilitation, preservation, or conservation of fish, shellfish, and wildlife resources. [2001 c 253 § 11; 2000 c 107 § 5; 1995 1st sp.s. c 2 § 24 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 11; 1955 c 12 § 75.16.050. Prior: 1949 c 112 § 51; Rem. Supp. 1949 § 5780-325. Formerly RCW 75.08.045, 75.16.050.] Notes: Referral to electorate -- 1995 1st sp.s. c 2: See note following RCW 77.04.013. Effective date -- 1995 1st sp.s. c 2: See note following RCW 43.17.020. -------------------------------------------------------------------------------- 77.12.043 Contracts and agreements for propagation of fish or shellfish. (1) The director may enter into contracts and agreements with a person to secure fish or shellfish or for the construction, operation, and maintenance of facilities for the propagation of fish or shellfish. (2) The director may enter into contracts and agreements to procure from private aquaculturists fish or shellfish with which to stock state waters. [2001 c 253 § 12; 1985 c 458 § 7; 1983 1st ex.s. c 46 § 13; 1955 c 12 § 75.16.070. Prior: 1949 c 112 § 53; Rem. Supp. 1949 § 5780-327. Formerly RCW 75.08.065, 75.16.070.] Notes: Severability -- 1985 c 458: See RCW 77.95.900. -------------------------------------------------------------------------------- 77.12.045 Territorial authority of commission — Adoption of federal regulations and rules of fisheries commissions and compacts. Consistent with federal law, the commission'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 authority extends to fishing in offshore waters by residents of this state. The commission may adopt rules consistent with the regulations adopted by the United States department of commerce for the offshore waters. The commission 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. [2001 c 253 § 13; 1995 1st sp.s. c 2 § 10 (Referendum Bill No. 45, approved November 7, 1995); 1989 c 130 § 1; 1983 1st ex.s. c 46 § 14; 1955 c 12 § 75.08.070. Prior: 1949 c 112 § 6, part; Rem. Supp. 1949 § 5780-205, part. Formerly RCW 75.08.070.] Notes: Referral to electorate -- 1995 1st sp.s. c 2: See note following RCW 77.04.013. Effective date -- 1995 1st sp.s. c 2: See note following RCW 43.17.020. -------------------------------------------------------------------------------- 77.12.047 Scope of commission's authority to adopt rules — Application to private tideland owners or lessees of the state. (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. (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. [2001 c 253 § 14; 2000 c 107 § 7; 1995 1st sp.s. c 2 § 11 (Referendum Bill No. 45, approved November 7, 1995); 1993 c 117 § 1; 1985 c 457 § 17; 1983 1st ex.s. c 46 § 15; 1980 c 55 § 1; 1955 c 12 § 75.08.080. Prior: 1949 c 112 § 6, part; Rem. Supp. 1949 § 5780-205, part. Formerly RCW 75.08.080.] Notes: Referral to electorate -- 1995 1st sp.s. c 2: See note following RCW 77.04.013. Effective date -- 1995 1st sp.s. c 2: See note following RCW 43.17.020. -------------------------------------------------------------------------------- 77.12.065 Wildlife viewing tourism. The department shall manage wildlife programs in a manner that provides for public opportunities to view wildlife and supports wildlife viewing tourism without impairing the state's wildlife resources. [2003 c 183 § 1.] -------------------------------------------------------------------------------- 77.12.140 Acquisition or sale of wildlife. The director, acting in a manner not inconsistent with criteria established by the commission, may obtain by purchase, gift, or exchange and may sell or transfer wildlife and their eggs for stocking, research, or propagation. [1987 c 506 § 23; 1980 c 78 § 28; 1955 c 36 § 77.12.140. Prior: 1947 c 275 § 24; Rem. Supp. 1947 § 5992-34.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.150 Game seasons — Opening and closing — Special hunt. (1) By emergency rule only, and in accordance with criteria established by the commission, the director may close or shorten a season for game animals, game birds, or game fish, and after a season has been closed or shortened, may reopen it and reestablish bag limits on game animals, game birds, or game fish during that season. The director shall advise the commission of the adoption of emergency rules. A copy of an emergency rule, certified as a true copy by the director or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule. (2)(a) If the director finds that game animals have increased in numbers in an area of the state so that they are damaging public or private property or over-utilizing their habitat, the commission may establish a special hunting season and designate the time, area, and manner of taking and the number and sex of the animals that may be killed or possessed by a licensed hunter. The director shall include notice of the special season in the rules establishing open seasons. (b) When the department receives six complaints concerning damage to commercial agricultural and horticultural crop production by wildlife from the owner or tenant of real property, or from several owners or tenants in a locale, the commission shall conduct a special hunt or special hunts or take remedial action to reduce the potential for the damage, and shall authorize either one or two permits per hunter. Each complaint must be confirmed by qualified department staff, or their designee. (c) The director shall determine by random selection the identity of hunters who may hunt within the area of the special hunt and shall determine the conditions and requirements of the selection process. Within this process, the department must maintain a list of all persons holding valid wildlife hunting licenses, arranged by county of residence, who may hunt deer or elk that are causing damage to crops. The department must update the list annually and utilize the list when contacting persons to assist in controlling game damage to crops. The department must make all reasonable efforts to contact individuals residing within the county where the hunting of deer or elk will occur before contacting a person who is not a resident of that county. The department must randomize the names of people on the list in order to provide a fair distribution of the hunting opportunities. Hunters who participate in hunts under this section must report any kills to the department. The department must include a summary of the wildlife harvested in these hunts in the annual game management reports it makes available to the public. [2003 c 385 § 2; 1987 c 506 § 24; 1984 c 240 § 4; 1980 c 78 § 29; 1977 ex.s. c 58 § 1; 1975 1st ex.s. c 102 § 1; 1955 c 36 § 77.12.150. Prior: 1949 c 205 § 2; 1947 c 275 § 25; Rem. Supp. 1949 § 5992-35.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. Special hunting season permits: RCW 77.32.370. -------------------------------------------------------------------------------- 77.12.152 Commission may designate fishing areas. The commission 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. [1995 1st sp.s. c 2 § 14 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 18; 1955 c 12 § 75.08.120. Prior: 1949 c 112 § 10; Rem. Supp. 1949 § 5780-209. Formerly RCW 75.08.120.] Notes: Referral to electorate -- 1995 1st sp.s. c 2: See note following RCW 77.04.013. Effective date -- 1995 1st sp.s. c 2: See note following RCW 43.17.020. -------------------------------------------------------------------------------- 77.12.154 Right of entry — Aircraft operated by department. The director, fish and wildlife officers, ex officio fish and wildlife officers, and department employees may enter upon any land or waters and remain there while performing their duties without liability for trespass. It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state. [1998 c 190 § 71; 1983 1st ex.s. c 46 § 19; 1955 c 12 § 75.08.160. Prior: 1949 c 112 § 13; Rem. Supp. 1949 § 5780-212. Formerly RCW 75.08.160.] -------------------------------------------------------------------------------- 77.12.170 State wildlife account — Deposits. (1) There is established in the state treasury the state wildlife account which consists of moneys received from: (a) Rentals or concessions of the department; (b) The sale of real or personal property held for department purposes; (c) The assessment of administrative penalties, and the sale of licenses, permits, tags, and stamps required by chapter 77.32 RCW and RCW 77.65.490, except annual resident adult saltwater and all annual razor clam and shellfish licenses, which shall be deposited into the state general fund; (d) Fees for informational materials published by the department; (e) Fees for personalized vehicle, Wild on Washington, and Endangered Wildlife license plates and Washington's Wildlife license plate collection as provided in chapter 46.16 RCW; (f) Articles or wildlife sold by the director under this title; (g) Compensation for damage to department property or wildlife losses or contributions, gifts, or grants received under RCW 77.12.320; (h) Excise tax on anadromous game fish collected under chapter 82.27 RCW; (i) The sale of personal property seized by the department for fish, shellfish, or wildlife violations; (j) The department's share of revenues from auctions and raffles authorized by the commission; and (k) The sale of watchable wildlife decals under RCW 77.32.560. (2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife account. [2005 c 418 § 3; 2005 c 225 § 4; 2005 c 224 § 4; 2005 c 42 § 4; 2004 c 248 § 4; 2003 c 317 § 3; 2001 c 253 § 15; 2000 c 107 § 216. Prior: 1998 c 191 § 38; 1998 c 87 § 2; 1996 c 101 § 7; 1989 c 314 § 4; 1987 c 506 § 25; 1984 c 258 § 334; prior: 1983 1st ex.s. c 8 § 2; 1983 c 284 § 1; 1981 c 310 § 2; 1980 c 78 § 30; 1979 c 56 § 1; 1973 1st ex.s. c 200 § 12 (Referendum Bill No. 33); 1969 ex.s. c 199 § 33; 1955 c 36 § 77.12.170; prior: 1947 c 275 § 27; Rem. Supp. 1947 § 5992-37.] Notes: Reviser's note: This section was amended by 2005 c 42 § 4, 2005 c 224 § 4, 2005 c 225 § 4, and by 2005 c 418 § 3, each without reference to the other. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Findings -- 2003 c 317: See note following RCW 77.32.560. Effective date -- 1998 c 191: See note following RCW 77.32.400. Effective date -- 1998 c 87: See note following RCW 77.32.380. Findings -- 1996 c 101: See note following RCW 77.32.530. Finding -- 1989 c 314: See note following RCW 77.15.098. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Court Improvement Act of 1984 -- Effective dates -- Severability -- Short title -- 1984 c 258: See notes following RCW 3.30.010. Intent -- 1984 c 258: See note following RCW 3.46.120. Findings -- Intent -- 1983 c 284: See note following RCW 82.27.020. Effective dates -- 1981 c 310: "(1) Sections 9 and 10 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1981. (2) Section 13 of this act shall take effect on May 1, 1982. (3) Sections 8, 11, 12, and 14 of this act shall take effect on July 1, 1982. (4) All other sections of this act shall take effect on January 1, 1982." [1981 c 310 § 32.] Legislative intent -- 1981 c 310: "The legislature finds that abundant deer and elk populations are in the best interest of the state, and for many reasons the state's deer and elk populations have apparently declined. The legislature further finds that antlerless deer and elk seasons have been an issue of great controversy throughout the state, and that antlerless deer and elk seasons may contribute to a further decline in the state's deer and elk populations." [1981 c 310 § 1.] Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.177 Disposition of moneys collected — Proceeds from sale of food fish or shellfish — Unanticipated receipts. (1) Except as provided in this title, state and county officers receiving the following moneys shall deposit them in the state general fund: (a) The sale of commercial licenses required under this title, except for licenses issued under RCW 77.65.490; and (b) Moneys received for damages to food fish or shellfish. (2) The director shall make weekly remittances to the state treasurer of moneys collected by the department. (3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the department shall be remitted as provided in chapter 3.62 RCW. (4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature. (5) Proceeds from the sale of salmon carcasses and salmon eggs from state general funded hatcheries by the department of general administration shall be deposited in the regional fisheries enhancement group account established in RCW 77.95.090. (6) Moneys received by the commission under RCW 77.12.039, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources. (7) Proceeds from the sale of herring spawn on kelp fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement. [2001 c 253 § 16; 2000 c 107 § 10; 1996 c 267 § 3; 1995 c 367 § 11; 1993 c 340 § 48; 1989 c 176 § 4; 1987 c 202 § 230; 1984 c 258 § 332; 1983 1st ex.s. c 46 § 23; 1979 c 151 § 175; 1977 ex.s. c 327 § 33; 1975 1st ex.s. c 223 § 1; 1969 ex.s. c 199 § 31; 1969 ex.s. c 16 § 1; 1965 ex.s. c 72 § 2; 1955 c 12 § 75.08.230. Prior: 1951 c 271 § 2; 1949 c 112 § 25; Rem. Supp. 1949 § 5780-223. Formerly RCW 75.08.230.] Notes: Intent -- 1996 c 267: "It is the intent of this legislation to begin to make the statutory changes required by the fish and wildlife commission in order to successfully implement Referendum Bill No. 45." [1996 c 267 § 1.] Effective date -- 1996 c 267: "This act shall take effect July 1, 1996." [1996 c 267 § 36.] Severability -- Effective date -- 1995 c 367: See notes following RCW 77.95.150. Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010. Intent -- 1987 c 202: See note following RCW 2.04.190. Court Improvement Act of 1984 -- Effective dates -- Severability -- Short title -- 1984 c 258: See notes following RCW 3.30.010. Intent -- 1984 c 258: See note following RCW 3.46.120. Severability -- Effective date -- 1977 ex.s. c 327: See notes following RCW 77.65.150. -------------------------------------------------------------------------------- 77.12.184 Deposit of moneys from various activities — Production of regulation booklets. (1) The department shall deposit all moneys received from the following activities into the *state wildlife fund: (a) The sale of interpretive, recreational, historical, educational, and informational literature and materials; (b) The sale of advertisements in regulation pamphlets and other appropriate mediums; and (c) Enrollment fees in department-sponsored educational training events. (2) Moneys collected under subsection (1) of this section shall be spent primarily for producing regulation booklets for users and for the development, production, reprinting, and distribution of informational and educational materials. The department may also spend these moneys for necessary expenses associated with training activities, and other activities as determined by the director. (3) Regulation pamphlets may be subsidized through appropriate advertising, but must be made available free of charge to the users. (4) The director may enter into joint ventures with other agencies and organizations to generate revenue for providing public information and education on wildlife and hunting and fishing rules. [2000 c 252 § 1.] Notes: *Reviser's note: The "state wildlife fund" was renamed the "state wildlife account" pursuant to 2005 c 224 § 4 and 2005 c 225 § 4. -------------------------------------------------------------------------------- 77.12.190 Diversion of *wildlife fund moneys prohibited. Moneys in the *state wildlife fund may be used only for the purposes of this title, including the payment of principal and interest on bonds issued for capital projects. [1991 sp.s. c 31 § 17; 1987 c 506 § 27; 1980 c 78 § 34; 1955 c 36 § 77.12.190. Prior: 1947 c 275 § 28; Rem. Supp. 1947 § 5992-38.] Notes: *Reviser's note: The "state wildlife fund" was renamed the "state wildlife account" pursuant to 2005 c 224 § 4 and 2005 c 225 § 4. Severability -- 1991 sp.s. c 31: See RCW 43.99I.900. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.201 Counties may elect to receive an amount in lieu of taxes — County to record collections for violations of law or rules — Deposit. The legislative authority of a county may elect, by giving written notice to the director and the treasurer prior to January 1st of any year, to obtain for the following year an amount in lieu of real property taxes on game lands as provided in RCW 77.12.203. Upon the election, the county shall keep a record of all fines, forfeitures, reimbursements, and costs assessed and collected, in whole or in part, under this title for violations of law or rules adopted pursuant to this title and shall monthly remit an amount equal to the amount collected to the state treasurer for deposit in the public safety and education account established under RCW 43.08.250. The election shall continue until the department is notified differently prior to January 1st of any year. [1987 c 506 § 29. Prior: 1984 c 258 § 335; 1984 c 214 § 1; 1980 c 78 § 36; 1977 ex.s. c 59 § 1; 1965 ex.s. c 97 § 2.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Court Improvement Act of 1984 -- Effective dates -- Severability -- Short title -- 1984 c 258: See notes following RCW 3.30.010. Intent -- 1984 c 258: See note following RCW 3.46.120. Effective date -- 1984 c 214: "This act takes effect on January 1, 1985." [1984 c 214 § 3.] Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.203 In lieu payments authorized — Procedure — Game lands defined. (Effective until July 1, 2007.) (1) Notwithstanding RCW 84.36.010 or other statutes to the contrary, the director shall pay by April 30th of each year on game lands in each county, if requested by an election under RCW 77.12.201, an amount in lieu of real property taxes equal to that amount paid on similar parcels of open space land taxable under chapter 84.34 RCW or the greater of seventy cents per acre per year or the amount paid in 1984 plus an additional amount for control of noxious weeds equal to that which would be paid if such lands were privately owned. This amount shall not be assessed or paid on department buildings, structures, facilities, game farms, fish hatcheries, tidelands, or public fishing areas of less than one hundred acres. (2) "Game lands," as used in this section and RCW 77.12.201, means those tracts one hundred acres or larger owned in fee by the department and used for wildlife habitat and public recreational purposes. All lands purchased for wildlife habitat, public access or recreation purposes with federal funds in the Snake River drainage basin shall be considered game lands regardless of acreage. (3) This section shall not apply to lands transferred after April 23, 1990, to the department from other state agencies. [1990 1st ex.s. c 15 § 11; 1984 c 214 § 2; 1980 c 78 § 37; 1965 ex.s. c 97 § 3.] Notes: Limitations -- 1990 1st ex.s. c 15: "Amounts saved by operation of section 11 of this act during the 1989-91 fiscal biennium may be used only for financing capital facilities." [1990 1st ex.s. c 15 § 12.] Severability -- 1990 1st ex.s. c 15: See note following RCW 43.99H.010. Effective date -- 1984 c 214: See note following RCW 77.12.201. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. RCW 77.12 In lieu payments authorized — Procedure — Game lands defined. (Effective July 1, 2007.) (1) Notwithstanding RCW 84.36.010 or other statutes to the contrary, the director shall pay by April 30th of each year on game lands in each county, if requested by an election under RCW 77.12.201, an amount in lieu of real property taxes equal to that amount paid on similar parcels of open space land taxable under chapter 84.34 RCW or the greater of seventy cents per acre per year or the amount paid in 1984 plus an additional amount for control of noxious weeds equal to that which would be paid if such lands were privately owned. This amount shall not be assessed or paid on department buildings, structures, facilities, game farms, fish hatcheries, tidelands, or public fishing areas of less than one hundred acres. (2) "Game lands," as used in this section and RCW 77.12.201, means those tracts one hundred acres or larger owned in fee by the department and used for wildlife habitat and public recreational purposes. All lands purchased for wildlife habitat, public access or recreation purposes with federal funds in the Snake River drainage basin shall be considered game lands regardless of acreage. (3) This section shall not apply to lands transferred after April 23, 1990, to the department from other state agencies. (4) The county shall distribute the amount received under this section in lieu of real property taxes to all property taxing districts except the state in appropriate tax code areas the same way it would distribute local property taxes from private property. The county shall distribute the amount received under this section for weed control to the appropriate weed district. [2005 c 303 § 14; 1990 1st ex.s. c 15 § 11; 1984 c 214 § 2; 1980 c 78 § 37; 1965 ex.s. c 97 § 3.] Notes: Effective date -- 2005 c 303 §§ 1-14: See note following RCW 79A.15.010. Limitations -- 1990 1st ex.s. c 15: "Amounts saved by operation of section 11 of this act during the 1989-91 fiscal biennium may be used only for financing capital facilities." [1990 1st ex.s. c 15 § 12.] Severability -- 1990 1st ex.s. c 15: See note following RCW 43.99H.010. Effective date -- 1984 c 214: See note following RCW 77.12.201. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.204 Grazing lands — Fish and wildlife goals — Implementation. The department of fish and wildlife shall implement practices necessary to meet the standards developed under *RCW 79.01.295 on agency-owned and managed agricultural and grazing lands. The standards may be modified on a site-specific basis as necessary and as determined by the department of fish and wildlife to achieve the goals established under *RCW 79.01.295(1). Existing lessees shall be provided an opportunity to participate in any site-specific field review. Department agricultural and grazing leases issued after December 31, 1994, shall be subject to practices to achieve the standards that meet those developed pursuant to *RCW 79.01.295. This section shall in no way prevent the department of fish and wildlife from managing its lands according to the provisions of RCW 77.04.012, 77.12.210, or rules adopted pursuant to this chapter. [2001 c 253 § 17; 2000 c 107 § 217; 1993 sp.s. c 4 § 6.] Notes: *Reviser's note: RCW 79.01.295 was recodified as RCW 79.13.610 pursuant to 2003 c 334 § 557. Findings -- Grazing lands -- 1993 sp.s. c 4: See RCW 79.13.600. -------------------------------------------------------------------------------- 77.12.210 Department property — Management, sale. 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. 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 fund: PROVIDED, That the commissioner of public lands shall condition such leases at the request of the department to protect wildlife and its habitat. 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. 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. Proceeds from the sales shall be deposited in the *state wildlife fund. [2000 c 107 § 218; 1987 c 506 § 30; 1980 c 78 § 38; 1969 ex.s. c 73 § 1; 1955 c 36 § 77.12.210. Prior: 1947 c 275 § 30; Rem. Supp. 1947 § 5992-40.] Notes: *Reviser's note: The "state wildlife fund" was renamed the "state wildlife account" pursuant to 2005 c 224 § 4 and 2005 c 225 § 4. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.220 Acquisition or transfer of property. For purposes of this title, the commission may make agreements to obtain real or personal property or to transfer or convey property held by the state to the United States or its agencies or instrumentalities, units of local government of this state, public service companies, or other persons, if in the judgment of the commission and the attorney general the transfer and conveyance is consistent with public interest. For purposes of this section, "local government" means any city, town, county, special district, municipal corporation, or quasi-municipal corporation. If the commission agrees to a transfer or conveyance under this section or to a sale or return of real property under RCW 77.12.210, the director shall certify, with the attorney general, to the governor that the agreement has been made. The certification shall describe the real property. The governor then may execute and the secretary of state attest and deliver to the appropriate entity or person the instrument necessary to fulfill the agreement. [2000 c 107 § 219; 1987 c 506 § 31; 1980 c 78 § 39; 1955 c 36 § 77.12.220. Prior: 1949 c 205 § 3; 1947 c 275 § 31; Rem. Supp. 1949 § 5992-41.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.230 Local assessments against department property. The director may pay lawful local improvement district assessments for projects that may benefit wildlife or wildlife-oriented recreation made against lands held by the state for department purposes. The payments may be made from money appropriated from the *state wildlife fund to the department. [1987 c 506 § 32; 1980 c 78 § 40; 1955 c 36 § 77.12.230. Prior: 1947 c 275 § 32; Rem. Supp. 1947 § 5992-42.] Notes: *Reviser's note: The "state wildlife fund" was renamed the "state wildlife account" pursuant to 2005 c 224 § 4 and 2005 c 225 § 4. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.240 Authority to take wildlife — Disposition. The director may authorize the removal or killing of wildlife that is destroying or injuring property, or when it is necessary for wildlife management or research. The director or other employees of the department shall dispose of wildlife taken or possessed by them under this title in the manner determined by the director to be in the best interest of the state. Proceeds from sales shall be deposited in the state treasury to be credited to the *state wildlife fund. [1989 c 197 § 1; 1987 c 506 § 33; 1980 c 78 § 41; 1955 c 36 §77.12.240 . Prior: 1947 c 275 § 33; Rem. Supp. 1947 § 5992-43.] Notes: *Reviser's note: The "state wildlife fund" was renamed the "state wildlife account" pursuant to 2005 c 224 § 4 and 2005 c 225 § 4. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.260 Agreements to prevent damage to private property. The director may make written agreements to prevent damage to private property by wildlife. The department may furnish money, material, or labor under these agreements. [1987 c 506 § 34; 1980 c 78 § 43; 1955 c 36 § 77.12.260. Prior: 1949 c 238 § 1; 1947 c 275 § 35; Rem. Supp. 1949 § 5992-45.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.262 Fish and wildlife officers compensation insurance — Medical aid. The director shall provide compensation insurance for fish and wildlife officers, insuring these employees against injury or death in the performance of enforcement duties not covered under the workers' compensation act of the state. The beneficiaries and the compensation and benefits under the compensation insurance shall be the same as provided in chapter 51.32 RCW, and the compensation insurance also shall provide for medical aid and hospitalization to the extent and amount as provided in RCW 51.36.010 and 51.36.020. [2000 c 107 § 8; 1983 1st ex.s. c 46 § 20; 1971 ex.s. c 289 § 73; 1953 c 207 § 14. Formerly RCW 75.08.206, 43.25.047.] Notes: Effective date -- Severability -- 1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070. -------------------------------------------------------------------------------- 77.12.264 Fish and wildlife officers — Relieved from active duty when injured — Compensation. The director shall relieve from active duty fish and wildlife officers who are injured in the performance of their official duties to such an extent as to be incapable of active service. While relieved from active duty, the employees shall receive one-half of their salary less any compensation received through the provisions of RCW 41.40.200, 41.40.220, and 77.12.262. [2001 c 253 § 18; 2000 c 107 § 9; 1983 1st ex.s. c 46 § 22; 1957 c 216 § 1. Formerly RCW 75.08.208, 75.08.024.] -------------------------------------------------------------------------------- 77.12.275 Agreements with department of defense. The commission 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. [1995 1st sp.s. c 2 § 7 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 8; 1955 c 12 § 75.08.025. Prior: 1953 c 207 § 11. Formerly RCW 75.08.025.] Notes: Referral to electorate -- 1995 1st sp.s. c 2: See note following RCW 77.04.013. Effective date -- 1995 1st sp.s. c 2: See note following RCW 43.17.020. -------------------------------------------------------------------------------- 77.12.285 Agreements with United States to protect Columbia River fish — Fish cultural stations and protective devices. (1) The commission 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. [2000 c 107 § 6; 1995 1st sp.s. c 2 § 8 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 23; 1987 c 506 § 94; 1983 1st ex.s. c 46 § 12; 1955 c 12 § 75.16.060. Prior: 1949 c 112 § 52; Rem. Supp. 1949 § 5780-326. Formerly RCW 75.08.055, 75.16.060.] Notes: Referral to electorate -- 1995 1st sp.s. c 2: See note following RCW 77.04.013. Effective date -- 1995 1st sp.s. c 2: See note following RCW 43.17.020. Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability -- 1993 sp.s. c 2: See RCW 43.300.901. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. -------------------------------------------------------------------------------- 77.12.315 Dogs harassing deer and elk — Declaration of emergency — Taking dogs into custody or destroying — Immunity. If the director determines that a severe problem exists in an area of the state because deer and elk are being pursued, harassed, attacked or killed by dogs, the director may declare by emergency rule that an emergency exists and specify the area where it is lawful for fish and wildlife officers to take into custody or destroy the dogs if necessary. Fish and wildlife officers who take into custody or destroy a dog pursuant to this section are immune from civil or criminal liability arising from their actions. [2000 c 107 § 221; 1987 c 506 § 40; 1980 c 78 § 49; 1971 ex.s. c 183 § 1.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.320 Agreements for purposes related to fish, shellfish, and wildlife — Acceptance of compensation, gifts, grants. (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 fish, shellfish, and wildlife. (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. [2001 c 253 § 19; 1987 c 506 § 41; 1980 c 78 § 50; 1975 1st ex.s. c 207 § 1; 1974 ex.s. c 67 § 1; 1955 c 36 § 77.12.320. Prior: 1947 c 275 § 37; Rem. Supp. 1947 § 5992-47.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.323 Special wildlife account — Investments. (1) There is established in the *state wildlife fund a special wildlife account. Moneys received under RCW 77.12.320 as now or hereafter amended as compensation for wildlife losses shall be deposited in the state treasury to be credited to the special wildlife account. (2) The director may advise the state treasurer and the state investment board of a surplus in the special wildlife account above the current needs. The state investment board may invest and reinvest the surplus, as the commission deems appropriate, in an investment authorized by RCW 43.84.150 or in securities issued by the United States government as defined by RCW 43.84.080 (1) and (4). Income received from the investments shall be deposited to the credit of the special wildlife account. [1987 c 506 § 42; 1982 c 10 § 15. Prior: 1981 c 3 § 43; 1980 c 78 § 51; 1975 1st ex.s. c 207 § 2.] Notes: *Reviser's note: The "state wildlife fund" was renamed the "state wildlife account" pursuant to 2005 c 224 § 4 and 2005 c 225 § 4. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Severability -- 1982 c 10: See note following RCW 6.13.080. Effective dates -- Severability -- 1981 c 3: See notes following RCW 43.33A.010. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.325 Cooperation with Oregon to assure yields of Columbia river fish, shellfish, and wildlife. The commission may cooperate with the Oregon fish and wildlife commission in the adoption of rules to ensure an annual yield of fish, shellfish, and wildlife on the Columbia river and to prevent the taking of fish, shellfish, and wildlife at places or times that might endanger fish, shellfish, and wildlife. [2001 c 253 § 20; 1980 c 78 § 52; 1959 c 315 § 2.] Notes: Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.330 Exclusive fishing waters for youths. The commission may establish by rule exclusive fishing waters for minors within specified ages. [1980 c 78 § 53; 1955 c 36 § 77.12.330. Prior: 1947 c 275 § 38; Rem. Supp. 1947 § 5992-48.] Notes: Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.360 Withdrawal of state land from lease — Compensation. Upon written request of the department, the department of natural resources may withdraw from lease state-owned lands described in the request. The request shall bear the endorsement of the county legislative authority if the lands were acquired under *RCW 76.12.030 or 76.12.080. Withdrawals shall conform to the state outdoor recreation plan. If the lands are held for the benefit of the common school fund or another fund, the department shall pay compensation equal to the lease value of the lands to the appropriate fund. [1980 c 78 § 54; 1969 ex.s. c 129 § 3; 1955 c 36 § 77.12.360. Prior: 1947 c 130 § 1; Rem. Supp. 1947 § 8136-10.] Notes: *Reviser's note: RCW 76.12.030 and 76.12.080 were recodified as RCW 79.22.040 and 79.22.020, respectively, by 2003 c 334 § 245. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.370 Withdrawal of state land from lease — County procedures, approval, hearing. Prior to the forwarding of a request needing endorsement under RCW 77.12.360, the director shall present the request to the legislative authority of the county in which the lands are located for its approval. The legislative authority, before acting on the request, may call a public hearing. The hearing shall take place within thirty days after presentation of the request to the legislative authority. The director shall publish notice of the public hearing called by the legislative authority in a newspaper of general circulation within the county at least once a week for two successive weeks prior to the hearing. The notice shall contain a copy of the request and the time and place of the hearing. The chairman of the county legislative authority shall preside at the public hearing. The proceedings shall be informal and all persons shall have a reasonable opportunity to be heard. Within ten days after the hearing, the county legislative authority shall endorse its decision on the request for withdrawal. The decision is final and not subject to appeal. [1987 c 506 § 43; 1980 c 78 § 55; 1955 c 36 § 77.12.370. Prior: 1947 c 130 § 2; Rem. Supp. 1947 § 8136-11.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.380 Withdrawal of state land from lease — Actions by commissioner of public lands. Upon receipt of a request under RCW 77.12.360, the commissioner of public lands shall determine if the withdrawal would benefit the people of the state. If the withdrawal would be beneficial, the commissioner shall have the lands appraised for their lease value. Before withdrawal, the department shall transmit to the commissioner a voucher authorizing payment from the *state wildlife fund in favor of the fund for which the lands are held. The payment shall equal the amount of the lease value for the duration of the withdrawal. [1987 c 506 § 44; 1980 c 78 § 56; 1955 c 36 § 77.12.380. Prior: 1947 c 130 § 3; Rem. Supp. 1947 § 8136-12.] Notes: *Reviser's note: The "state wildlife fund" was renamed the "state wildlife account" pursuant to 2005 c 224 § 4 and 2005 c 225 § 4. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.390 Withdrawal of state land from lease — Payment. Upon receipt of a voucher under RCW 77.12.380, the commissioner of public lands shall withdraw the lands from lease. The commissioner shall forward the voucher to the state treasurer, who shall draw a warrant against the *state wildlife fund in favor of the fund for which the withdrawn lands are held. [1987 c 506 § 45; 1980 c 78 § 57; 1973 c 106 § 35; 1955 c 36 §77.12.390 . Prior: 1947 c 130 § 4; Rem. Supp. 1947 § 8136-13.] Notes: *Reviser's note: The "state wildlife fund" was renamed the "state wildlife account" pursuant to 2005 c 224 § 4 and 2005 c 225 § 4. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.420 Improvement of conditions for growth of game fish. 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. The director may enter into cooperative agreements with state, county, municipal, and federal agencies, and with private individuals for these purposes. [1987 c 506 § 46; 1980 c 78 § 59; 1955 c 36 § 77.12.420. Prior: 1947 c 127 § 1; Rem. Supp. 1947 § 5944-1.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.451 Director may take or sell fish or shellfish — Restrictions on sale of salmon. (1) The director may take or remove any species of fish or shellfish from the waters or beaches of the state. (2) The director may sell food fish or shellfish caught or taken during department test fishing operations. (3) The director shall not sell inedible salmon for human consumption. Salmon and carcasses may be given to state institutions or schools or to economically depressed people, unless the salmon are unfit for human consumption. Salmon not fit for human consumption may be sold by the director for animal food, fish food, or for industrial purposes. (4) In the sale of surplus salmon from state hatcheries, the division of purchasing shall require that a portion of the surplus salmon be processed and returned to the state by the purchaser. The processed salmon shall be fit for human consumption and in a form suitable for distribution to individuals. The division of purchasing shall establish the required percentage at a level that does not discourage competitive bidding for the surplus salmon. The measure of the percentage is the combined value of all of the surplus salmon sold. The department of social and health services shall distribute the processed salmon to economically depressed individuals and state institutions pursuant to rules adopted by the department of social and health services. [1990 c 36 § 1; 1985 c 28 § 1; 1983 1st ex.s. c 46 § 26; 1979 c 141 § 382; 1969 ex.s. c 16 § 2; 1965 ex.s. c 72 § 1; 1955 c 12 § 75.12.130. Prior: 1949 c 112 § 41; Rem. Supp. 1949 § 5780-315. Formerly RCW 75.08.255, 75.12.130.] -------------------------------------------------------------------------------- 77.12.453 Salmon fishing by Wanapum (Sokulk) Indians. The director may issue permits to members of the Wanapum band of Indians to take salmon for ceremonial and subsistence purposes. The department shall establish the areas in which the permits are valid and shall regulate the times for and manner of taking the salmon. This section does not create a right to fish commercially. [1983 1st ex.s. c 46 § 27; 1981 c 251 § 2. Formerly RCW 75.08.265, 75.12.310.] Notes: Legislative findings -- 1981 c 251: "The legislature finds that the Sokulk Indians, otherwise known as the Wanapum band of Indians, have made a significant effort to maintain their traditional tribal culture, including the activity of taking salmon for ceremonial and subsistence purposes. The legislature further finds that previously the state has encouraged ceremonial and subsistence fishing by the Wanapums by chapter 210, Laws of 1939 and other permission. Therefore, the intent of the legislature in enacting RCW 75.08.265 is to recognize the cultural importance of salmon fishing to only the Wanapum Indians by authorizing these people a ceremonial and subsistence fishery, while also preserving the state's ability to conserve and manage the salmon resource." [1983 1st ex.s. c 46 § 62; 1981 c 251 § 1. Formerly RCW 75.12.300.] -------------------------------------------------------------------------------- 77.12.455 Prevention and suppression of diseases and pests. The commission may prohibit the introduction, transportation or transplanting of fish, shellfish, organisms, material, or other equipment which in the commission's judgment may transmit any disease or pests affecting fish or shellfish. [2001 c 253 § 22; 1995 1st sp.s. c 2 § 16 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 29; 1955 c 12 § 75.16.030. Prior: 1949 c 112 § 43; Rem. Supp. 1949 § 5780-317. Formerly RCW 75.08.285, 75.16.030.] Notes: Referral to electorate -- 1995 1st sp.s. c 2: See note following RCW 77.04.013. Effective date -- 1995 1st sp.s. c 2: See note following RCW 43.17.020. -------------------------------------------------------------------------------- 77.12.459 Release and recapture of salmon or steelhead prohibited. A person other than the United States, an Indian tribe recognized as such by the federal government, the state, a subdivision of the state, or a municipal corporation or an agency of such a unit of government shall not release salmon or steelhead trout into the public waters of the state and subsequently to recapture and commercially harvest such salmon or trout. This section shall not prevent any person from rearing salmon or steelhead trout in pens or in a confined area under circumstances where the salmon or steelhead trout are confined and never permitted to swim freely in open water. [1998 c 190 § 74; 1985 c 457 § 12. Formerly RCW 75.08.300.] -------------------------------------------------------------------------------- 77.12.465 Abandoned or derelict vessels. The director has the authority, subject to the processes and limitation outlined in chapter 79.100 RCW, to store, strip, use, auction, sell, salvage, scrap, or dispose of an abandoned or derelict vessel found on or above publicly or privately owned aquatic lands within the jurisdiction of the department. [2002 c 286 § 19.] Notes: Severability -- Effective date -- 2002 c 286: See RCW 79.100.900 and 79.100.901. -------------------------------------------------------------------------------- 77.12.540 Public shooting grounds — Effect of filing — Use for booming. Upon filing a certificate with the commissioner of public lands that shows that lands will be used for public shooting grounds by the department, the lands shall be withdrawn from sale or lease and then may be used as public shooting grounds under control of the department. The commissioner of public lands may also use the lands for booming purposes. [1980 c 78 § 128; 1955 c 36 § 77.40.080. Prior: 1945 c 179 § 2; Rem. Supp. 1945 § 7993-5b. Formerly RCW 77.40.080.] Notes: Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.550 Tidelands used as public shooting grounds — Diversion. Tidelands granted to the department to be used as public shooting grounds shall revert to the state if used for another purpose. The department shall certify the reversion to the commissioner of public lands who shall then supervise and control the lands as provided in Title 79 RCW. [1980 c 78 § 126; 1955 c 36 § 77.40.050. Prior: 1941 c 190 § 3; Rem. Supp. 1941 § 7993-8. Formerly RCW 77.40.050.] Notes: Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.560 Tidelands used as public shooting grounds — Rules. The commission may adopt rules regarding the use of the tidelands as shooting grounds. [1980 c 78 § 127; 1955 c 36 § 77.40.060. Prior: 1941 c 190 § 4; Rem. Supp. 1941 § 7993-9. Formerly RCW 77.40.060.] Notes: Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.570 Game farm licenses — Rules — Exemption. The commission shall establish the qualifications and conditions for issuing a game farm license. The director shall adopt rules governing the operation of game farms. Private sector cultured aquatic products as defined in RCW 15.85.020 are exempt from regulation under this section. [1987 c 506 § 49; 1985 c 457 § 22; 1980 c 78 § 98; 1975 1st ex.s. c 15 § 2; 1970 ex.s. c 29 § 14; 1955 c 36 § 77.28.020. Prior: 1947 c 275 § 82; Rem. Supp. 1947 § 5992-91. Formerly RCW 77.28.020.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.580 Game farms — Authority to dispose of eggs. A licensed game farmer may purchase, sell, give away, or dispose of the eggs of game birds or game fish lawfully possessed as provided by rule of the director. [1987 c 506 § 50; 1980 c 78 § 99; 1955 c 36 § 77.28.070. Prior: 1947 c 275 § 87; Rem. Supp. 1947 § 5992-96. Formerly RCW 77.28.070.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.590 Game farms — Tagging of products — Exemption. Wildlife given away, sold, or transferred by a licensed game farmer shall have attached to each wildlife member, package, or container, a tag, seal, or invoice as required by rule of the director. Private sector cultured aquatic products as defined in RCW 15.85.020 are exempt from regulation under this section. [1987 c 506 § 51; 1985 c 457 § 23; 1980 c 78 § 100; 1955 c 36 § 77.28.080. Prior: 1947 c 275 § 88; Rem. Supp. 1947 § 5992-97. Formerly RCW 77.28.080.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.600 Game farms — Shipping of wildlife — Exemption. A common carrier may transport wildlife shipped by a licensed game farmer if the wildlife is tagged, sealed, or invoiced as provided in RCW 77.12.590. Packages containing wildlife shall have affixed to them tags or labels showing the name of the licensee and the consignee. For purposes of this section, wildlife does not include private sector cultured aquatic products as defined in RCW 15.85.020. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, this exemption from the definition of wildlife applies only if the aquatic products are identified in conformance with those rules. [1985 c 457 § 24; 1980 c 78 § 101; 1955 c 36 § 77.28.090. Prior: 1947 c 275 § 89; Rem. Supp. 1947 § 5992-98. Formerly RCW 77.28.090.] Notes: Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.605 Whidbey Island game farm — Sale of property. (1) The department shall endeavor to sell the property known as Whidbey Island game farm, Island county. (2) If the sale takes place one year or less from May 7, 1999, the property may be sold only to a nonprofit corporation, a consortium of nonprofit corporations, or a municipal corporation that intends to preserve, to the extent practicable, the property for purposes of undeveloped open space and historical preservation. (3) If the sale takes place more than one year after May 7, 1999, the conditions in subsection (2) of this section do not apply. [1999 c 205 § 1.] Notes: Effective date -- 1999 c 205: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 7, 1999]." [1999 c 205 § 3.] -------------------------------------------------------------------------------- 77.12.610 Check stations — Purpose. The purposes of RCW 77.12.610 through 77.12.630 are to facilitate the department's gathering of biological data for managing wildlife, fish, and shellfish resources of this state and to protect these resources by assuring compliance with Title 77 RCW, and rules adopted thereunder, in a manner designed to minimize inconvenience to the public. [2000 c 107 § 225; 1982 c 155 § 1.] -------------------------------------------------------------------------------- 77.12.620 Check stations — Stopping for inspection. The department is authorized to require hunters and fishermen occupying a motor vehicle approaching or entering a check station to stop and produce for inspection: (1) Any wildlife, fish, shellfish, or seaweed in their possession; (2) licenses, permits, tags, stamps, or catch record cards, required under Title 77 RCW, or rules adopted thereunder. For these purposes, the department is authorized to operate check stations which shall be plainly marked by signs, operated by at least one uniformed fish and wildlife officer, and operated in a safe manner. [2000 c 107 § 226; 1982 c 155 § 2.] -------------------------------------------------------------------------------- 77.12.630 Check stations — Other inspections, powers. The powers conferred by RCW 77.12.610 through 77.12.630 are in addition to all other powers conferred by law upon the department. Nothing in RCW 77.12.610 through 77.12.630 shall be construed to prohibit the department from operating wildlife information stations at which persons shall not be required to stop and report, or from executing arrests, searches, or seizures otherwise authorized by law. [2000 c 107 § 227; 1982 c 155 § 4.] -------------------------------------------------------------------------------- 77.12.650 Protection of bald eagles and their habitats — Cooperation required. The department shall cooperate with other local, state, and federal agencies and governments to protect bald eagles and their essential habitats through existing governmental programs, including but not limited to: (1) The natural heritage program managed by the department of natural resources under chapter 79.70 RCW; (2) The natural area preserve program managed by the department of natural resources under chapter 79.70 RCW; (3) The shoreline management master programs adopted by local governments and approved by the department of ecology under chapter 90.58 RCW. [1987 c 506 § 52; 1984 c 239 § 2.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Legislative declaration -- 1984 c 239: "The legislature hereby declares that the protection of the bald eagle is consistent with a societal concern for the perpetuation of natural life cycles, the sensitivity and vulnerability of particular rare and distinguished species, and the quality of life of humans." [1984 c 239 § 1.] -------------------------------------------------------------------------------- 77.12.655 Habitat buffer zones for bald eagles — Rules. The department, in accordance with chapter 34.05 RCW, shall adopt and enforce necessary rules defining the extent and boundaries of habitat buffer zones for bald eagles. Rules shall take into account the need for variation of the extent of the zone from case to case, and the need for protection of bald eagles. The rules shall also establish guidelines and priorities for purchase or trade and establishment of conservation easements and/or leases to protect such designated properties. The department shall also adopt rules to provide adequate notice to property owners of their options under RCW 77.12.650 and this section. [2000 c 107 § 228; 1990 c 84 § 3; 1984 c 239 § 3.] Notes: Legislative declaration -- 1984 c 239: See note following RCW 77.12.650. -------------------------------------------------------------------------------- 77.12.670 Migratory bird stamp/migratory bird license validations — Deposit and use of revenues. (1) The migratory bird stamp to be produced by the department shall use the design as provided by the migratory waterfowl art committee. (2) All revenue derived from the sale of migratory bird license validations or stamps by the department to any person hunting waterfowl or to any stamp collector shall be deposited in the *state wildlife fund and shall be used only for that portion of the cost of printing and production of the stamps for migratory waterfowl hunters as determined by subsection (4) of this section, and for those migratory waterfowl projects specified by the director of the department for the acquisition and development of migratory waterfowl habitat in the state and for the enhancement, protection, and propagation of migratory waterfowl in the state. Migratory bird license validation and stamp funds may not be used on lands controlled by private hunting clubs or on private lands that charge a fee for public access. Migratory bird license validation and stamp funds may be used for migratory waterfowl projects on private land where public hunting is provided by written permission or on areas established by the department as waterfowl hunting closures. (3) All revenue derived from the sale of the license validation and stamp by the department to persons hunting solely nonwaterfowl migratory birds shall be deposited in the *state wildlife fund and shall be used only for that portion of the cost of printing and production of the stamps for nonwaterfowl migratory bird hunters as determined by subsection (4) of this section, and for those nonwaterfowl migratory bird projects specified by the director for the acquisition and development of nonwaterfowl migratory bird habitat in the state and for the enhancement, protection, and propagation of nonwaterfowl migratory birds in the state. (4) With regard to the revenue from license validation and stamp sales that is not the result of sales to stamp collectors, the department shall determine the proportion of migratory waterfowl hunters and solely nonwaterfowl migratory bird hunters by using the yearly migratory bird hunter harvest information program survey results or, in the event that these results are not available, other similar survey results. A two-year average of the most recent survey results shall be used to determine the proportion of the revenue attributed to migratory waterfowl hunters and the proportion attributed to solely nonwaterfowl migratory bird hunters for each fiscal year. For fiscal year 1998-99 and for fiscal year 1999-2000, ninety-six percent of the stamp revenue shall be attributed to migratory waterfowl hunters and four percent of the stamp revenue shall be attributed to solely nonwaterfowl migratory game hunters. (5) Acquisition shall include but not be limited to the acceptance of gifts of real estate or any interest therein or the rental, lease, or purchase of real estate or any interest therein. If the department acquires any fee interest, leasehold, or rental interest in real property under this section, it shall allow the general public reasonable access to that property and shall, if appropriate, ensure that the deed or other instrument creating the interest allows such access to the general public. If the department obtains a covenant in real property in its favor or an easement or any other interest in real property under this section, it shall exercise its best efforts to ensure that the deed or other instrument creating the interest grants to the general public in the form of a covenant running with the land reasonable access to the property. The private landowner from whom the department obtains such a covenant or easement shall retain the right of granting access to the lands by written permission, but may not charge a fee for access. (6) The department may produce migratory bird stamps in any given year in excess of those necessary for sale in that year. The excess stamps may be sold to the migratory waterfowl art committee for sale to the public. [2002 c 283 § 2; 1998 c 191 § 32; 1987 c 506 § 53; 1985 c 243 § 4.] Notes: *Reviser's note: The "state wildlife fund" was renamed the "state wildlife account" pursuant to 2005 c 224 § 4 and 2005 c 225 § 4. Effective date -- 1998 c 191: See note following RCW 77.32.050. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. -------------------------------------------------------------------------------- 77.12.680 Migratory waterfowl art committee — Membership — Terms — Vacancies — Chairman — Review of expenditures — Compensation. (1) There is created the migratory waterfowl art committee which shall be composed of nine members. (2)(a) The committee shall consist of one member appointed by the governor, six members appointed by the director, one member appointed by the chairman of the state arts commission, and one member appointed by the director of the department of agriculture. (b) The member appointed by the director of the department of agriculture shall represent statewide farming interests. (c) The member appointed by the chairman of the state arts commission shall be knowledgeable in the area of fine art reproduction. (d) The members appointed by the governor and the director shall be knowledgeable about waterfowl and waterfowl management. The six members appointed by the director shall represent, respectively: (i) An eastern Washington sports group; (ii) A western Washington sports group; (iii) A group with a major interest in the conservation and propagation of migratory waterfowl; (iv) A statewide conservation organization; (v) A statewide sports hunting group; and (vi) The general public. The members of the committee shall serve three-year staggered terms and at the expiration of their term shall serve until qualified successors are appointed. Of the nine members, three shall serve initial terms of four years, three shall serve initial terms of three years, and three shall serve initial terms of two years. The appointees of the governor, the chairman of the state arts commission, and the director of agriculture shall serve the initial terms of four years. Vacancies shall be filled for unexpired terms consistent with this section. A chairman shall be elected annually by the committee. The committee shall review the director's expenditures of the previous year of both the stamp money and the prints and related artwork money. Members of the committee shall serve without compensation. [1987 c 506 § 54; 1985 c 243 § 5.] Notes: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. -------------------------------------------------------------------------------- 77.12.690 Migratory waterfowl art committee — Duties — Deposit and use of funds — Audits. The migratory waterfowl art committee is responsible for the selection of the annual migratory bird stamp design and shall provide the design to the department. If the committee does not perform this duty within the time frame necessary to achieve proper and timely distribution of the stamps to license dealers, the director shall initiate the art work selection for that year. The committee shall create collector art prints and related artwork, utilizing the same design as provided to the department. The administration, sale, distribution, and other matters relating to the prints and sales of stamps with prints and related artwork shall be the responsibility of the migratory waterfowl art committee. The total amount brought in from the sale of prints and related artwork shall be deposited in the *state wildlife fund. The costs of producing and marketing of prints and related artwork, including administrative expenses mutually agreed upon by the committee and the director, shall be paid out of the total amount brought in from sales of those same items. Net funds derived from the sale of prints and related artwork shall be used by the director to contract with one or more appropriate individuals or nonprofit organizations for the development of waterfowl propagation projects within Washington which specifically provide waterfowl for the Pacific flyway. The department shall not contract with any individual or organization that obtains compensation for allowing waterfowl hunting except if the individual or organization does not permit hunting for compensation on the subject property. The migratory waterfowl art committee shall have an annual audit of its finances conducted by the state auditor and shall furnish a copy of the audit to the commission. [1998 c 245 § 158; 1998 c 191 § 33; 1987 c 506 § 55; 1985 c 243 § 6.] Notes: Reviser's note: *(1) The "state wildlife fund" was renamed the "state wildlife account" pursuant to 2005 c 224 § 4 and 2005 c 225 § 4. (2) This section was amended by 1998 c 191 § 33 and by 1998 c 245 § 158, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date -- 1998 c 191: See note following RCW 77.32.050. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. -------------------------------------------------------------------------------- 77.12.710 Game fish production — Double by year 2000. The legislature hereby directs the department to determine the feasibility and cost of doubling the statewide game fish production by the year 2000. The department shall seek to equalize the effort and investment expended on anadromous and resident game fish programs. The department shall provide the legislature with a specific plan for legislative approval that will outline the feasibility of increasing game fish production by one hundred percent over current levels by the year 2000. The plan shall contain specific provisions to increase both hatchery and naturally spawning game fish to a level that will support the production goal established in this section consistent with department policies. Steelhead trout, searun cutthroat trout, resident trout, and warmwater fish producing areas of the state shall be included in the plan. The plan shall include the following critical elements: (1) Methods of determining current catch and production, and catch and production in the year 2000; (2) Methods of involving fishing groups, including Indian tribes, in a cooperative manner; (3) Methods for using low capital cost projects to produce game fish as inexpensively as possible; (4) Methods for renovating and modernizing all existing hatcheries and rearing ponds to maximize production capability; (5) Methods for increasing the productivity of natural spawning game fish; (6) Application of new technology to increase hatchery and natural productivity; (7) Analysis of the potential for private contractors to produce game fish for public fisheries; (8) Methods to optimize public volunteer efforts and cooperative projects for maximum efficiency; (9) Methods for development of trophy game fish fisheries; (10) Elements of coordination with the Pacific Northwest Power Council programs to ensure maximum Columbia river benefits; (11) The role that should be played by private consulting companies in developing and implementing the plan; (12) Coordination with federal fish and wildlife agencies, Indian tribes, and department fish production programs; (13) Future needs for game fish predator control measures; (14) Development of disease control measures; (15) Methods for obtaining access to waters currently not available to anglers; and (16) Development of research programs to support game fish management and enhancement programs. The department, in cooperation with the department of revenue, shall assess various funding mechanisms and make recommendations to the legislature in the plan. The department, in cooperation with the department of community, trade, and economic development, shall prepare an analysis of the economic benefits to the state that will occur when the game fish production is increased by one hundred percent in the year 2000. [1998 c 245 § 159; 1995 c 399 § 208; 1993 sp.s. c 2 § 70; 1990 c 110 § 2.] Notes: Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability -- 1993 sp.s. c 2: See RCW 43.300.901. Finding -- 1990 c 110: "The legislature finds that the anadromous and resident game fish resource of the state can be greatly increased to benefit recreational fishermen and the economy of the state. Investments in the increase of anadromous and resident game fish stocks will provide benefits many times the cost of the program and will act as a catalyst for many additional benefits in the tourism and associated industries, while enhancing the livability of the state." [1990 c 110 § 1.] -------------------------------------------------------------------------------- 77.12.722 Canada goose hunting — Season or bag limit restriction. For the purposes of establishing a season or bag limit restriction on Canada goose hunting, the commission shall not consider leg length or bill length of dusky Canada geese (Branta canadensis occidentalis). [2000 c 107 § 259; 1998 c 190 § 119; 1996 c 207 § 3; 1987 c 506 § 59; 1983 c 3 § 196; 1981 c 310 § 3; 1980 c 78 § 70; 1977 c 44 § 1; 1955 c 36 § 77.16.020. Prior: 1947 c 275 § 41; Rem. Supp. 1947 § 5992-50. Formerly RCW 77.16.020.] Notes: Intent -- 1996 c 207: See note following RCW 77.08.010. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective dates -- Legislative intent -- 1981 c 310: See notes following RCW 77.12.170. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. -------------------------------------------------------------------------------- 77.12.755 Ranked inventory of fish passage barriers. In coordination with the department of natural resources and lead entity groups, the department 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 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. [2003 c 311 § 10.] Notes: Findings -- Effective date -- 2003 c 311: See notes following RCW 76.09.020. -------------------------------------------------------------------------------- 77.12.760 Steelhead trout fishery. Steelhead trout shall be managed solely as a recreational fishery for non-Indian fishermen under the rule-setting authority of the fish and wildlife commission. Commercial non-Indian steelhead fisheries are not authorized. [1993 sp.s. c 2 § 78.] Notes: Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability -- 1993 sp.s. c 2: See RCW 43.300.901. -------------------------------------------------------------------------------- 77.12.765 Tilton and Cowlitz rivers — Proposals to reinstate salmon and steelhead. The director shall develop proposals to reinstate the natural salmon and steelhead trout fish runs in the Tilton and upper Cowlitz rivers in accordance with RCW 77.04.120(3). [2000 c 107 § 206; 1993 sp.s. c 2 § 65; 1985 c 208 § 2. Formerly RCW 77.04.100.] Notes: Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability -- 1993 sp.s. c 2: See RCW 43.300.901. -------------------------------------------------------------------------------- 77.12.790 Eastern Washington pheasant enhancement program — Purpose. There is created within the department the eastern Washington pheasant enhancement program. The purpose of the program is to improve the harvest of pheasants by releasing pen-reared rooster pheasants on sites accessible for public hunting and by providing grants for habitat enhancement on public or private lands under agreement with the department. The department may either purchase rooster pheasants from private contractors, or produce rooster pheasants from department-sanctioned cooperative projects, whichever is less expensive, provided that the pheasants released meet minimum department standards for health and maturity. Any surplus hen pheasants from pheasant farms or projects operated by the department or the department of corrections for this enhancement program shall be made available to landowners who voluntarily open their lands to public pheasant hunting. Pheasants produced for the eastern Washington pheasant enhancement program must not detrimentally affect the production or operation of the department's western Washington pheasant release program. The release of pheasants for hunting purposes must not conflict with or supplant other department efforts to improve upland bird habitat or naturally produced upland birds. [1997 c 422 § 2.] Notes: Findings -- 1997 c 422: "The legislature finds that pheasant populations in eastern Washington have greatly decreased from their historic high levels and that pheasant hunting success rates have plummeted. The number of pheasant hunters has decreased due to reduced hunting success. There is an opportunity to enhance the pheasant population by release of pen-reared pheasants and habitat enhancements to create increased hunting opportunities on publicly owned and managed lands." [1997 c 422 § 1.] -------------------------------------------------------------------------------- 77.12.800 Pheasant hunting — Opportunities for juvenile hunters. The commission must establish special pheasant hunting opportunities for juvenile hunters in eastern Washington for the 1998 season and future seasons. [1997 c 422 § 3.] Notes: Findings -- 1997 c 422: See note following RCW 77.12.790. -------------------------------------------------------------------------------- 77.12.810 Small game hunting license — Disposition of fee. As provided in RCW 77.32.440, a portion of each small game hunting license fee shall be deposited in the eastern Washington pheasant enhancement account created in RCW 77.12.820. [1998 c 191 § 30; 1997 c 422 § 4.] Notes: Effective date -- 1998 c 191: See note following RCW 77.32.400. Findings -- 1997 c 422: See note following RCW 77.12.790. -------------------------------------------------------------------------------- 77.12.820 Eastern Washington pheasant enhancement account — Created — Use of moneys. The eastern Washington pheasant enhancement account is created in the custody of the state treasurer. All receipts under RCW 77.12.810 must be deposited in the account. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the eastern Washington pheasant enhancement program. The department may use moneys from the account to improve pheasant habitat or to purchase or produce pheasants. Not less than eighty percent of expenditures from the account must be used to purchase or produce pheasants. The eastern Washington pheasant enhancement account funds must not be used for the purchase of land. The account may be used to offer grants to improve pheasant habitat on public or private lands that are open to public hunting. The department may enter partnerships with private landowners, nonprofit corporations, cooperative groups, and federal or state agencies for the purposes of pheasant habitat enhancement in areas that will be available for public hunting. [1997 c 422 § 5.] Notes: Findings -- 1997 c 422: See note following RCW 77.12.790. -------------------------------------------------------------------------------- 77.12.850 Definitions. The definitions in this section apply throughout RCW 77.12.850 through 77.12.860 unless the context clearly requires otherwise. (1) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in this title, and includes: Scientific Name Common Name Oncorhynchus tshawytscha Chinook salmon Oncorhynchus kisutch Coho salmon Oncorhynchus keta Chum salmon Oncorhynchus gorbuscha Pink salmon Oncorhynchus nerka Sockeye salmon (2) "Department" means the department of fish and wildlife. (3) "Committee" means the salmon stamp selection committee created in RCW 77.12.856. (4) "Stamp" means the stamp created under the Washington salmon stamp program and the Washington junior salmon stamp program, created in RCW 77.12.850 through 77.12.860. [1999 c 342 § 2.] Notes: Finding -- 1999 c 342: "The legislature finds that salmon recovery in Washington state will involve everyone and will require funds to accomplish recovery measures. Several species of salmon in Washington are, or are expected to be, listed as threatened or endangered under the federal endangered species act. At present, these species include chinook, chum, bull trout and coho. To bring attention to the importance of the recovery of salmon and their place in Washington's heritage, raise funds for salmon recovery projects, and involve citizens of all ages, the Washington salmon stamp and Washington junior salmon stamp programs are created." [1999 c 342 § 1.] -------------------------------------------------------------------------------- 77.12.852 Washington salmon stamp program — Creation. (1) The Washington salmon stamp program is created in the department. The purpose of the program is the creation of a stamp that will portray a salmonid species native to Washington and will be used for stamps, prints, and posters that can be sold in a wide range of prices and editions to appeal to citizens and collectors interested in supporting salmon restoration. The proceeds from the sale of the Washington salmon stamp shall be used for protection, preservation, and restoration of salmonid habitat in Washington. (2) Every year the department will announce competition, open to all Washington artists, for the creation of the year's Washington salmon stamp. The department will market the stamp and prints through a wide distribution method including web sites, license sites, and at public events. (3) The winning artist will receive a monetary award and a certain number of artist proof prints. [1999 c 342 § 3.] Notes: Finding -- 1999 c 342: See note following RCW 77.12.850. -------------------------------------------------------------------------------- 77.12.854 Washington junior salmon stamp program — Creation. (1) The Washington junior salmon stamp program is created in the department. The purpose of the program is the creation of a stamp that will portray a salmonid species native to Washington and will be used for stamps, prints, and posters that can be sold in a wide range of prices and editions to appeal to citizens and collectors interested in supporting salmon restoration. (2) Every year the department will announce a competition for the Washington junior salmon stamp program among Washington K-12 students. The top winner will receive a scholarship award. [1999 c 342 § 4.] Notes: Finding -- 1999 c 342: See note following RCW 77.12.850. -------------------------------------------------------------------------------- 77.12.856 Salmon stamp selection committee — Creation. The salmon stamp selection committee is created. The committee is comprised of five individuals selected by the governor who will judge and select the winning entrant for the Washington salmon stamp program and Washington junior salmon stamp program. The governor will select names from a collection of names forwarded from the department and from the state arts commission in the following categories: Artist, not competing in the salmon stamp program; art collector; fish biologist; printer; and public school teacher. [1999 c 342 § 5.] Notes: Finding -- 1999 c 342: See note following RCW 77.12.850. -------------------------------------------------------------------------------- 77.12.858 Deposit of receipts — Expenditures. All receipts from the salmon stamp program created under RCW 77.12.850 through 77.12.860 must be deposited into the regional fisheries enhancement salmonid recovery account created under RCW 77.95.130. Expenditures from the account may be used only for the purposes specified in RCW 77.95.130 and chapter 342, Laws of 1999. The department shall report biennially to the legislature on the amount of money the salmon stamp program has generated. [2000 c 107 § 230; 1999 c 342 § 6.] Notes: Finding -- 1999 c 342: See note following RCW 77.12.850. -------------------------------------------------------------------------------- 77.12.860 Stamp design — Department's rule-making authority. The department is granted the authority to establish by rule the method for selecting appropriate designs for the Washington salmon stamp program and Washington junior salmon stamp program. The stamp shall be designed and produced in accordance with department rules. [1999 c 342 § 7.] Notes: Finding -- 1999 c 342: See note following RCW 77.12.850. -------------------------------------------------------------------------------- 77.12.865 Derelict fishing gear — Guidelines for removal and disposal. (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, 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. [2005 c 146 § 1004; 2002 c 20 § 2.] Notes: Part headings not law -- 2005 c 146: See note following RCW 77.55.011. Finding -- Purpose -- 2002 c 20: "The legislature finds that fishing gear that is lost or abandoned may continue to catch marine organisms long after the gear is lost. The purpose of this act is to develop safe, effective methods to remove derelict fishing gear, eliminate regulatory barriers to gear removal, and discourage future losses of fishing gear." [2002 c 20 § 1.] -------------------------------------------------------------------------------- 77.12.870 Derelict fishing gear data base. (1) The department, 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, 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. [2002 c 20 § 3.] Notes: Finding -- Purpose -- 2002 c 20: See note following RCW 77.12.865. -------------------------------------------------------------------------------- 77.12.875 Prohibited aquatic animal species — Infested state waters. (1) The commission may designate by rule state waters as infested if the director determines that these waters contain a prohibited aquatic animal species. (2) The commission, 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 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. [2002 c 281 § 5.] Notes: Purpose -- 2002 c 281: See note following RCW 77.08.010. -------------------------------------------------------------------------------- 77.12.878 Infested waters — Rapid response plan. (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 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. [2002 c 281 § 6.] Notes: Purpose -- 2002 c 281: See note following RCW 77.08.010. -------------------------------------------------------------------------------- 77.12.879 Aquatic invasive species prevention account — Aquatic invasive species prevention program — Training — Report to the legislature. (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 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. [2005 c 464 § 3.] Notes: Findings -- Intent -- 2005 c 464: See note following RCW 88.02.050. -------------------------------------------------------------------------------- 77.12.880 Wildlife program management. The department shall manage wildlife programs in a manner that provides for public opportunities to view wildlife and supports nature-based and wildlife viewing tourism without impairing the state's wildlife resources. [2003 c 153 § 3.] Notes: Findings -- 2003 c 153: See note following RCW 43.330.090.