(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise:

     (a) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under *RCW 77.08.010 (49) through (54), aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under RCW 77.60.130(1).

     (b) "Recreational and commercial watercraft" includes the boat, as well as equipment used to transport the boat, and any auxiliary equipment such as attached or detached outboard motors.

     (2) The aquatic invasive species enforcement 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.

     (3) Funds in the aquatic invasive species enforcement account may be appropriated to the Washington state patrol and the department of fish and wildlife to develop an aquatic invasive species enforcement program for recreational and commercial watercraft, which includes equipment used to transport the watercraft and auxiliary equipment such as attached or detached outboard motors. Funds must be expended as follows:

     (a) By the Washington state patrol, to inspect recreational and commercial watercraft that are required to stop at port of entry weigh stations managed by the Washington state patrol. The watercraft must be inspected for the presence of aquatic invasive species; and

     (b) By the department of fish and wildlife to:

     (i) Establish random check stations, to inspect recreational and commercial watercraft as provided for in RCW 77.12.879(3);

     (ii) Inspect or delegate inspection of recreational and commercial watercraft. If the department conducts the inspection, there will be no cost to the person requesting the inspection;

     (iii) Provide training to all department employees that are deployed in the field to inspect recreational and commercial watercraft; and

     (iv) Provide an inspection receipt verifying that the watercraft is not contaminated after the watercraft has been inspected at a check station or has been inspected at the request of the owner of the recreational or commercial watercraft. The inspection receipt is valid until the watercraft is used again.

     (4) The Washington state patrol and the department of fish and wildlife 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.

[2007 c 350 § 1; 2005 c 464 § 5.]

NOTES:

     *Reviser's note: RCW 77.08.010 was amended by 2007 c 254 § 1, changing subsections (49) through (54) to subsections (48) through (53). RCW 77.08.010 was subsequently amended by 2008 c 277 § 2, changing subsections (48) through (53) to subsections (3), (25), (34), (38), (51), and (52). RCW 77.08.010 was subsequently amended by 2009 c 333 § 12, changing subsections (25), (34), (38), (51), and (52) to subsections (28), (40), (44), (58), and (59).

     Findings -- Intent -- 2005 c 464: See note following RCW 88.02.050.