The definitions in this section
apply throughout this title or rules adopted under this title
unless the context clearly requires otherwise.
(1) "Angling gear" means a line attached to a rod and reel
capable of being held in hand while landing the fish or a
hand-held line operated without rod or reel.
(2) "Aquatic invasive species" means any invasive,
prohibited, regulated, unregulated, or unlisted aquatic animal or
plant species as defined under *subsections (48) through (53) of
this section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c), and aquatic nuisance species as defined under
RCW 77.60.130(1).
(3) "Aquatic plant species" means an emergent, submersed,
partially submersed, free-floating, or floating-leaving plant
species that grows in or near a body of water or wetland.
(4) "Bag limit" means the maximum number of game animals,
game birds, or game fish which may be taken, caught, killed, or
possessed by a person, as specified by rule of the commission for
a particular period of time, or as to size, sex, or species.
(5) "Closed area" means a place where the hunting of some or
all species of wild animals or wild birds is prohibited.
(6) "Closed season" means all times, manners of taking, and
places or waters other than those established by rule of the
commission as an open season. "Closed season" also means all
hunting, fishing, taking, or possession of game animals, game
birds, game fish, food fish, or shellfish that do not conform to
the special restrictions or physical descriptions established by
rule of the commission as an open season or that have not
otherwise been deemed legal to hunt, fish, take, harvest, or
possess by rule of the commission as an open season.
(7) "Closed waters" means all or part of a lake, river,
stream, or other body of water, where fishing or harvesting is
prohibited.
(8) "Commercial" means related to or connected with buying,
selling, or bartering.
(9) "Commission" means the state fish and wildlife
commission.
(10) "Concurrent waters of the Columbia river" means those
waters of the Columbia river that coincide with the
Washington-Oregon state boundary.
(11) "Deleterious exotic wildlife" means species of the
animal kingdom not native to Washington and designated as
dangerous to the environment or wildlife of the state.
(12) "Department" means the department of fish and wildlife.
(13) "Director" means the director of fish and wildlife.
(14) "Endangered species" means wildlife designated by the
commission as seriously threatened with extinction.
(15) "Ex officio fish and wildlife officer" means a
commissioned officer of a municipal, county, state, or federal
agency having as its primary function the enforcement of criminal
laws in general, while the officer is in the appropriate
jurisdiction. The term "ex officio fish and wildlife officer"
includes special agents of the national marine fisheries service,
state parks commissioned officers, United States fish and
wildlife special agents, department of natural resources
enforcement officers, and United States forest service officers,
while the agents and officers are within their respective
jurisdictions.
(16) "Fish" includes all species classified as game fish or
food fish by statute or rule, as well as all fin fish not
currently classified as food fish or game fish if such species
exist in state waters. The term "fish" includes all stages of
development and the bodily parts of fish species.
(17) "Fish and wildlife officer" means a person appointed
and commissioned by the director, with authority to enforce this
title and rules adopted pursuant to this title, and other
statutes as prescribed by the legislature. Fish and wildlife
officer includes a person commissioned before June 11, 1998, as a
wildlife agent or a fisheries patrol officer.
(18) "Fishery" means the taking of one or more particular
species of fish or shellfish with particular gear in a particular
geographical area.
(19) "Freshwater" means all waters not defined as saltwater
including, but not limited to, rivers upstream of the river
mouth, lakes, ponds, and reservoirs.
(20) "Fur-bearing animals" means game animals that shall not
be trapped except as authorized by the commission.
(21) "Game animals" means wild animals that shall not be
hunted except as authorized by the commission.
(22) "Game birds" means wild birds that shall not be hunted
except as authorized by the commission.
(23) "Game farm" means property on which wildlife is held or
raised for commercial purposes, trade, or gift. The term "game
farm" does not include publicly owned facilities.
(24) "Game reserve" means a closed area where hunting for
all wild animals and wild birds is prohibited.
(25) "Invasive species" means a plant species or a nonnative
animal species that either:
(a) Causes or may cause displacement of, or otherwise
threatens, native species in their natural communities;
(b) Threatens or may threaten natural resources or their use
in the state;
(c) Causes or may cause economic damage to commercial or
recreational activities that are dependent upon state waters; or
(d) Threatens or harms human health.
(26) "License year" means the period of time for which a
recreational license is valid. The license year begins April
1st, and ends March 31st.
(27) "Limited-entry license" means a license subject to a
license limitation program established in chapter 77.70 RCW.
(28) "Nonresident" means a person who has not fulfilled the
qualifications of a resident.
(29) "Offshore waters" means marine waters of the Pacific
Ocean outside the territorial boundaries of the state, including
the marine waters of other states and countries.
(30) "Open season" means those times, manners of taking, and
places or waters established by rule of the commission for the
lawful hunting, fishing, taking, or possession of game animals,
game birds, game fish, food fish, or shellfish that conform to
the special restrictions or physical descriptions established by
rule of the commission or that have otherwise been deemed legal
to hunt, fish, take, harvest, or possess by rule of the
commission. "Open season" includes the first and last days of
the established time.
(31) "Person" means and includes an individual; a
corporation; a public or private entity or organization; a local,
state, or federal agency; all business organizations, including
corporations and partnerships; or a group of two or more
individuals acting with a common purpose whether acting in an
individual, representative, or official capacity.
(32) "Personal use" means for the private use of the
individual taking the fish or shellfish and not for sale or
barter.
(33) "Predatory birds" means wild birds that may be hunted
throughout the year as authorized by the commission.
(34) "Prohibited aquatic animal species" means an invasive
species of the animal kingdom that has been classified as a
prohibited aquatic animal species by the commission.
(35) "Protected wildlife" means wildlife designated by the
commission that shall not be hunted or fished.
(36) "Raffle" means an activity in which tickets bearing an
individual number are sold for not more than twenty-five dollars
each and in which a permit or permits are awarded to hunt or for
access to hunt big game animals or wild turkeys on the basis of a
drawing from the tickets by the person or persons conducting the
raffle.
(37) "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.
(38) "Regulated aquatic animal species" means a potentially
invasive species of the animal kingdom that has been classified
as a regulated aquatic animal species by the commission.
(39) "Resident" means:
(a) A person who has maintained a permanent place of abode
within the state for at least ninety days immediately preceding
an application for a license, has established by formal evidence
an intent to continue residing within the state, and who is not
licensed to hunt or fish as a resident in another state; and
(b) A person age eighteen or younger who does not qualify as
a resident under (a) of this subsection, but who has a parent
that qualifies as a resident under (a) of this subsection.
(40) "Retail-eligible species" means commercially harvested
salmon, crab, and sturgeon.
(41) "Saltwater" means those marine waters seaward of river
mouths.
(42) "Seaweed" means marine aquatic plant species that are
dependent upon the marine aquatic or tidal environment, and exist
in either an attached or free floating form, and includes but is
not limited to marine aquatic plants in the classes Chlorophyta,
Phaeophyta, and Rhodophyta.
(43) "Senior" means a person seventy years old or older.
(44) "Shellfish" means those species of marine and
freshwater invertebrates that have been classified and that shall
not be taken except as authorized by rule of the commission. The
term "shellfish" includes all stages of development and the
bodily parts of shellfish species.
(45) "State waters" means all marine waters and fresh waters
within ordinary high water lines and within the territorial
boundaries of the state.
(46) "To fish," "to harvest," and "to take," and their
derivatives means an effort to kill, injure, harass, or catch a
fish or shellfish.
(47) "To hunt" and its derivatives means an effort to kill,
injure, capture, or harass a wild animal or wild bird.
(48) "To process" and its derivatives mean preparing or
preserving fish, wildlife, or shellfish.
(49) "To trap" and its derivatives means a method of hunting
using devices to capture wild animals or wild birds.
(50) "Trafficking" means offering, attempting to engage, or
engaging in sale, barter, or purchase of fish, shellfish,
wildlife, or deleterious exotic wildlife.
(51) "Unlisted aquatic animal species" means a nonnative
animal species that has not been classified as a prohibited
aquatic animal species, a regulated aquatic animal species, or an
unregulated aquatic animal species by the commission.
(52) "Unregulated aquatic animal species" means a nonnative
animal species that has been classified as an unregulated aquatic
animal species by the commission.
(53) "Wild animals" means those species of the class
Mammalia whose members exist in Washington in a wild state and
the species Rana catesbeiana (bullfrog). The term "wild animal"
does not include feral domestic mammals or old world rats and
mice of the family Muridae of the order Rodentia.
(54) "Wild birds" means those species of the class Aves
whose members exist in Washington in a wild state.
(55) "Wildlife" means all species of the animal kingdom
whose members exist in Washington in a wild state. This includes
but is not limited to mammals, birds, reptiles, amphibians, fish,
and invertebrates. The term "wildlife" does not include feral
domestic mammals, old world rats and mice of the family Muridae
of the order Rodentia, or those fish, shellfish, and marine
invertebrates classified as food fish or shellfish by the
director. The term "wildlife" includes all stages of development
and the bodily parts of wildlife members.
(56) "Youth" means a person fifteen years old for fishing
and under sixteen years old for hunting.
[2008 c 277 § 2. Prior: 2007 c 350 § 2; 2007 c 254 § 1; 2005 c 104 § 1; 2003 c 387 § 1; 2002 c 281 § 2; 2001 c 253 § 10; 2000 c 107 § 207; 1998 c 190 § 111; 1996 c 207 § 2; 1993 sp.s. c 2 § 66; 1989 c 297 § 7; 1987 c 506 § 11; 1980 c 78 § 9; 1955 c 36 § 77.08.010; prior: 1947 c 275 § 9; Rem. Supp. 1947 § 5992-19.]
NOTES:
*Reviser's note: The definitions in RCW 77.08.010 were alphabetized by 2008 c 277 § 1. Subsections (48) through (53) were changed to subsections (3), (25), (34), (38), (51), and (52).
Alphabetization -- 2008 c 277: "The code reviser is directed to put the defined terms in RCW 77.08.010 in alphabetical order." [2008 c 277 § 1.]
Purpose -- 2002 c 281: "The legislature recognizes the potential economic and environmental damage that can occur from the introduction of invasive aquatic species. The purpose of this act is to increase public awareness of invasive aquatic species and enhance the department of fish and wildlife's regulatory capability to address threats posed by these species." [2002 c 281 § 1.]
Intent -- 1996 c 207: "It is the intent of the legislature to clarify hunting and fishing laws in light of the decision in State v. Bailey, 77 Wn. App. 732 (1995). The fish and wildlife commission has the authority to establish hunting and fishing seasons. These seasons are defined by limiting the times, manners of taking, and places or waters for lawful hunting, fishing, or possession of game animals, game birds, or game fish, as well as by limiting the physical characteristics of the game animals, game birds, or game fish which may be lawfully taken at those times, in those manners, and at those places or waters." [1996 c 207 § 1.]
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.
Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010.