(1) Department employees, in carrying out their duties under this title on public lands or state waters, may:

     (a) Collect samples of tissue, fluids, or other bodily parts of fish, wildlife, or shellfish; or

     (b) Board vessels in state waters engaged in commercial and recreational harvest activities to collect samples of fish, wildlife, or shellfish.

     (i) Department employees shall ask permission from the owner or his or her agent before boarding vessels in state waters.

     (ii) If an employee of the department is denied access to any vessel where access was sought for the purposes of (b) of this subsection, the department employee may contact an enforcement officer for assistance in applying for a search warrant authorizing access to the vessel in order to carry out the department employee's duties under this section.

     (2) Department employees must have official identification, announce their presence and intent, and perform their duties in a safe and professional manner while carrying out the activities in this section.

     (3) This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.

     (4) This section does not apply to fish and wildlife officers and ex officio fish and wildlife officers carrying out their duties under this title.

[2007 c 337 § 2.]

NOTES:

     Intent -- Finding -- 2007 c 337: "The legislature intends that sampling of fish, wildlife, and shellfish by department of fish and wildlife employees will ensure the conservation and management of fish, shellfish, and wildlife. Because the harvest of fish and wildlife is regulated by the department, the legislature finds that sampling by departmental employees will benefit the resource, and will further the department's research related to fish, wildlife, and shellfish. This section and RCW 77.12.071 do not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020." [2007 c 337 § 1.]