Fish and wildlife governance

AN ACT Relating to restructuring fish and wildlife governance; 1
amending RCW 77.04.080, 77.04.012, 77.04.055, and 77.04.090; adding a 2
new section to chapter 77.04 RCW; creating new sections; repealing 3
RCW 43.300.040, 77.04.013, 77.04.130, and 77.04.140; providing an 4
effective date; and providing an expiration date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature intends to create a more 7
accountable, transparent, and effective department of fish and 8
wildlife by consolidating the executive and administrative power of 9
the department into the hands of a director appointed by the governor 10
with the consent of the senate. This structure will facilitate 11
improved government-to-government communication with the tribes and 12
allow for increased collaboration with other state agencies, while 13
retaining the value of the fish and wildlife commission as an 14
advisory body that will provide transparency and an avenue for public 15
input and participation.16
Sec. 2. RCW 77.04.080 and 2000 c 107 s 205 are each amended to 17
read as follows: 18
((Persons eligible for appointment as director shall have 19
practical knowledge of the habits and distribution of fish and 20
H-0876.2
HOUSE BILL 1685
State of Washington 69th Legislature 2025 Regular Session
By Representatives Springer, Fitzgibbon, Parshley, and Bernbaum
Read first time 01/29/25. Referred to Committee on Agriculture &
Natural Resources.
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wildlife. The director shall supervise the administration and 1
operation of the department and perform the duties prescribed by law 2
and delegated by the commission. The director shall carry out the 3
basic goals and objectives prescribed under RCW 77.04.055.)) The 4
director shall be the executive and administrative head of the 5
department. The governor shall appoint the director with the consent 6
of the senate. The director has complete charge of and supervisory 7
powers over the department. The director will be paid a salary fixed 8
by the governor in accordance with RCW 43.03.040. If a vacancy occurs 9
in the position of director while the senate is not in session, the 10
governor shall make a temporary appointment until the next meeting of 11
the senate, at which time he or she shall present to that body his or 12
her nomination for the position. The director may appoint and employ 13
necessary personnel. The director may delegate, in writing, to 14
department personnel the duties and powers necessary for efficient 15
operation and administration of the department. 16
((Only persons having general knowledge of the fisheries and 17
wildlife resources and of the commercial and recreational fishing 18
industry in this state are eligible for appointment as director. The 19
director shall not have a financial interest in the fishing industry 20
or a directly related industry. The director shall receive the salary 21
fixed by the governor under RCW 43.03.040.22
The director is the ex officio secretary of the commission and 23
shall attend its meetings and keep a record of its business.))24
NEW SECTION. Sec. 3. (1) The director of the department of fish 25
and wildlife shall convene a work group comprised of representatives 26
from state agencies and organizations whose work significantly 27
impacts fish and wildlife, to improve interagency cooperation and 28
collaboration on fish and wildlife issues. This work group must 29
include, at a minimum, the following people or their designees: The 30
commissioner of public lands, the director of the department of 31
ecology, the director of the department of commerce, the director of 32
the parks and recreation commission, the secretary of the department 33
of transportation, the director of the Puget Sound partnership, and a 34
representative of the governor's office of Indian affairs. The 35
director shall keep the public regularly apprised of the activities 36
of the work group.37
(2) The director of the department of fish and wildlife shall 38
deliver a report to the appropriate committees of the legislature by 39
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August 1, 2026, identifying the areas in which other state agencies 1
impact fish and wildlife and suggesting ways to improve interagency 2
collaboration, cooperation, efficiency, and effectiveness on fish and 3
wildlife issues. 4
(3) This section expires August 31, 2026. 5
Sec. 4. RCW 77.04.012 and 2000 c 107 s 2 are each amended to 6
read as follows: 7
Wildlife, fish, and shellfish are the property of the state. The 8
((commission, director, and the )) department shall preserve, protect, 9
perpetuate, and manage the wildlife and food fish, game fish, and 10
shellfish in state waters and offshore waters. 11
The department shall conserve the wildlife and food fish, game 12
fish, and shellfish resources in a manner that does not impair the 13
resource. In a manner consistent with this goal, the department shall 14
seek to maintain the economic well-being and stability of the fishing 15
industry in the state. The department shall promote orderly fisheries 16
and shall enhance and improve recreational and commercial fishing in 17
this state. 18
The ((commission)) department may authorize the taking of 19
wildlife, food fish, game fish, and shellfish only at times or 20
places, or in manners or quantities, as in the judgment of the 21
((commission)) department does not impair the supply of these 22
resources. 23
The ((commission)) department shall attempt to maximize the 24
public recreational game fishing and hunting opportunities of all 25
citizens, including ((juvenile, disabled )) juveniles, persons with 26
disabilities, and senior citizens. 27
Recognizing that the management of our state wildlife, food fish, 28
game fish, and shellfish resources depends heavily on the assistance 29
of volunteers, the department shall work cooperatively with volunteer 30
groups and individuals to achieve the goals of this title to the 31
greatest extent possible. 32
Nothing in this title shall be construed to infringe on the right 33
of a private property owner to control the owner's private property.34
Sec. 5. RCW 77.04.055 and 2000 c 107 s 204 are each amended to 35
read as follows: 36
(1) In ((establishing)) advising the director on rules and 37
policies to preserve, protect, and perpetuate wildlife, fish, and 38
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wildlife and fish habitat, the commission shall ((meet annually with 1
the governor to:2
(a) Review and prescribe basic goals and objectives related to 3
those policies; and4
(b) Review the performance of the department in implementing fish 5
and wildlife policies.6
The commission shall maximize fishing, hunting, and outdoor 7
recreational opportunities compatible with healthy and diverse fish 8
and wildlife populations.9
(2) The commission shall establish hunting, trapping, and fishing 10
seasons and prescribe the time, place, manner, and methods that may 11
be used to harvest or enjoy game fish and wildlife.12
(3) The commission shall establish provisions regulating food 13
fish and shellfish as provided in RCW 77.12.047.14
(4) The commission shall have final approval authority for 15
tribal, interstate, international, and any other department 16
agreements relating to fish and wildlife.17
(5) The commission shall adopt rules to implement the state's 18
fish and wildlife laws.19
(6) The commission shall have final approval authority for the 20
department's budget proposals.21
(7) The commission shall select its own staff and shall appoint 22
the director of the department. The director and commission staff 23
shall serve at the pleasure of the commission.)):24
(a) Submit public written recommendations to the director on 25
proposed rules, high-level department policies and plans, tribal, 26
interstate, and international agreements relating to fish and 27
wildlife, and other issues that the commission deems to be of 28
significant public interest or importance. These written 29
recommendations may be from the commission as a whole or from a 30
subset of commissioners, and groups of commissioners or individual 31
commissioners may submit concurring or dissenting recommendations. 32
The recommendations must describe how they are consistent with the 33
agency's mandate, strategic plan, and other applicable high-level 34
policies and plans, and the department's responsibility as a public 35
trustee of fish and wildlife;36
(b) Hold regular public meetings to receive general public input 37
on department rules, policies, and activities, and conduct hearings 38
to consider fish and wildlife issues of significant public interest 39
or importance, including rules proposed by the department and through 40
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citizen rule-making petitions, and high-level policies or plans. 1
Public hearings on proposed rules shall be held in conformance with 2
RCW 34.05.325. The director or the director's designee shall attend 3
the public hearings and is responsible for digesting public input for 4
consideration during decision making; 5
(c) Exercise authority to obtain information from the director on 6
behalf of the public regarding the department's proposals, plans, 7
policies, activities, and scientific findings, including by making 8
reasonable requests for written summaries, copies of documents, or 9
briefings from department staff during public commission meetings; 10
and11
(d) Exercise authority and discretion to convene panels of 12
experts both within and from outside the department to discuss issues 13
of significant public interest or importance including, but not 14
limited to, issues implicated by proposed rules.15
(2) Communications between commissioners to facilitate the 16
development of written public recommendations do not constitute an 17
action or meeting for purposes of chapter 42.30 RCW.18
(3) The director shall consider public input and recommendations 19
from commissioners when deliberating upon rules, high-level 20
department policies and plans, and other matters of significant 21
public interest or importance. The director shall respond to public 22
input and commission recommendations in writing, explaining why those 23
recommendations were or were not followed, and describing how the 24
chosen course of action is consistent with the department's mandate, 25
strategic plan, other applicable high-level policies and plans, any 26
applicable laws, and the department's responsibility as a public 27
trustee of fish and wildlife.28
Sec. 6. RCW 77.04.090 and 1996 c 267 s 35 are each amended to 29
read as follows: 30
The ((commission)) director shall adopt permanent rules and 31
amendments to or repeals of existing rules ((by approval of a 32
majority of the members by resolution, entered and recorded in the 33
minutes of the commission: PROVIDED, That the commission may not 34
adopt rules after July 23, 1995, that are based solely on a section 35
of law stating a statute's intent or purpose, on the enabling 36
provisions of the statute establishing the agency, or on any 37
combination of such provisions, for statutory authority to adopt any 38
rule. The commission shall adopt emergency rules by approval of a 39
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majority of the members. The commission )) in conformance with chapter 1
34.05 RCW, and after taking into consideration written 2
recommendations from the commission following public hearings. The 3
department, when adopting emergency rules under RCW 77.12.150, shall 4
adopt rules in conformance with chapter 34.05 RCW. 5
Judicial notice shall be taken of the rules filed and published 6
as provided in RCW 34.05.380 and 34.05.210. 7
A copy of ((an)) a permanent or emergency rule, certified as a 8
true copy by ((a member of the commission, )) the director, or by a 9
person authorized in writing by the director to make the 10
certification, is admissible in court as prima facie evidence of the 11
adoption and validity of the rule. 12
NEW SECTION. Sec. 7. The following acts or parts of acts are 13
each repealed:14
(1) RCW 43.300.040 (Director's duties) and 1996 c 267 s 33 & 1993 15
sp.s. c 2 s 5; 16
(2) RCW 77.04.013 (Findings and intent) and 1995 1st sp.s. c 2 s 17
1; 18
(3) RCW 77.04.130 (Adoption and certification of rules) and 1995 19
1st sp.s. c 2 s 12, 1983 1st ex.s. c 46 s 16, 1973 c 93 s 1, & 1955 c 20
12 s 75.08.090; and 21
(4) RCW 77.04.140 (Unofficial printings of laws or rules— Approval 22
required) and 1995 1st sp.s. c 2 s 13, 1983 1st ex.s. c 46 s 17, & 23
1955 c 12 s 75.08.110. 24
NEW SECTION. Sec. 8. The office of the code reviser is directed 25
to correct all references to the state fish and wildlife commission 26
in chapter 77.12 RCW to the department of fish and wildlife.27
NEW SECTION. Sec. 9. A new section is added to chapter 77.04 28
RCW to read as follows: 29
(1) By January 15, 2026, members of the state fish and wildlife 30
commission shall be given the opportunity to continue as 31
commissioners following the effective date of this section until the 32
end of their terms. The governor shall appoint replacements as soon 33
as practicable, for commissioners who decline to continue.34
(2) The governor shall consult with the commission in shaping the 35
search for a director of fish and wildlife whenever that position is 36
open. The commission shall interview final candidates for the 37
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position, and the commission shall provide written recommendations to 1
the governor regarding the appointment. 2
NEW SECTION. Sec. 10. This act takes effect January 15, 2026.3
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