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State
Washington
Chapter 77.12 RCW Powers and duties

Chapter 77.12 RCW
Powers and duties




Notes:
Wild salmonid policy: RCW 77.65.420.



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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.






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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.







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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.]




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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.]




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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.






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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.







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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.






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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.







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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.







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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.]




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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.







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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.






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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.







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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.]




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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.







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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.







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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.






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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.







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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.







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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.








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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.







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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.







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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.







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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.







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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.







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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.







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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.






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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.]




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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.







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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.







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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.







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77.12.320
Agreements for purposes related to fish, shellfish, and wildlife Acceptance of compensation, gifts, grants. (continued)