wa-law.org > bill > 2025-26 > HB 1685 > Original Bill

HB 1685 - Fish and wildlife governance

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Section 1

The legislature intends to create a more accountable, transparent, and effective department of fish and wildlife by consolidating the executive and administrative power of the department into the hands of a director appointed by the governor with the consent of the senate. This structure will facilitate improved government-to-government communication with the tribes and allow for increased collaboration with other state agencies, while retaining the value of the fish and wildlife commission as an advisory body that will provide transparency and an avenue for public input and participation.

Section 2

The director shall be the executive and administrative head of the department. The governor shall appoint the director with the consent of the senate. The director has complete charge of and supervisory powers over the department. The director will be paid a salary fixed by the governor in accordance with RCW 43.03.040. If a vacancy occurs in the position of director while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate, at which time he or she shall present to that body his or her nomination for the position. The director may appoint and employ necessary personnel. The director may delegate, in writing, to department personnel the duties and powers necessary for efficient operation and administration of the department.

Section 3

  1. The director of the department of fish and wildlife shall convene a work group comprised of representatives from state agencies and organizations whose work significantly impacts fish and wildlife, to improve interagency cooperation and collaboration on fish and wildlife issues. This work group must include, at a minimum, the following people or their designees: The commissioner of public lands, the director of the department of ecology, the director of the department of commerce, the director of the parks and recreation commission, the secretary of the department of transportation, the director of the Puget Sound partnership, and a representative of the governor's office of Indian affairs. The director shall keep the public regularly apprised of the activities of the work group.

  2. The director of the department of fish and wildlife shall deliver a report to the appropriate committees of the legislature by August 1, 2026, identifying the areas in which other state agencies impact fish and wildlife and suggesting ways to improve interagency collaboration, cooperation, efficiency, and effectiveness on fish and wildlife issues.

  3. This section expires August 31, 2026.

Section 4

Wildlife, fish, and shellfish are the property of the state. The department shall preserve, protect, perpetuate, and manage the wildlife and food fish, game fish, and shellfish in state waters and offshore waters.

The department shall conserve the wildlife and food fish, game fish, and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the fishing industry in the state. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state.

The department may authorize the taking of wildlife, food fish, game fish, and shellfish only at times or places, or in manners or quantities, as in the judgment of the department does not impair the supply of these resources.

The department shall attempt to maximize the public recreational game fishing and hunting opportunities of all citizens, including juveniles, persons with disabilities, and senior citizens.

Recognizing that the management of our state wildlife, food fish, game fish, and shellfish resources depends heavily on the assistance of volunteers, the department shall work cooperatively with volunteer groups and individuals to achieve the goals of this title to the greatest extent possible.

Nothing in this title shall be construed to infringe on the right of a private property owner to control the owner's private property.

Section 5

  1. In advising the director on rules and policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall

:

a. Submit public written recommendations to the director on proposed rules, high-level department policies and plans, tribal, interstate, and international agreements relating to fish and wildlife, and other issues that the commission deems to be of significant public interest or importance. These written recommendations may be from the commission as a whole or from a subset of commissioners, and groups of commissioners or individual commissioners may submit concurring or dissenting recommendations. The recommendations must describe how they are consistent with the agency's mandate, strategic plan, and other applicable high-level policies and plans, and the department's responsibility as a public trustee of fish and wildlife;

b. Hold regular public meetings to receive general public input on department rules, policies, and activities, and conduct hearings to consider fish and wildlife issues of significant public interest or importance, including rules proposed by the department and through citizen rule-making petitions, and high-level policies or plans. Public hearings on proposed rules shall be held in conformance with RCW 34.05.325. The director or the director's designee shall attend the public hearings and is responsible for digesting public input for consideration during decision making;

c. Exercise authority to obtain information from the director on behalf of the public regarding the department's proposals, plans, policies, activities, and scientific findings, including by making reasonable requests for written summaries, copies of documents, or briefings from department staff during public commission meetings; and

d. Exercise authority and discretion to convene panels of experts both within and from outside the department to discuss issues of significant public interest or importance including, but not limited to, issues implicated by proposed rules.
  1. Communications between commissioners to facilitate the development of written public recommendations do not constitute an action or meeting for purposes of chapter 42.30 RCW.

  2. The director shall consider public input and recommendations from commissioners when deliberating upon rules, high-level department policies and plans, and other matters of significant public interest or importance. The director shall respond to public input and commission recommendations in writing, explaining why those recommendations were or were not followed, and describing how the chosen course of action is consistent with the department's mandate, strategic plan, other applicable high-level policies and plans, any applicable laws, and the department's responsibility as a public trustee of fish and wildlife.

Section 6

The director shall adopt permanent rules and amendments to or repeals of existing rules in conformance with chapter 34.05 RCW, and after taking into consideration written recommendations from the commission following public hearings. The department, when adopting emergency rules under RCW 77.12.150, shall adopt rules in conformance with chapter 34.05 RCW.

Judicial notice shall be taken of the rules filed and published as provided in RCW 34.05.380 and 34.05.210.

A copy of a permanent or 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.

Section 7

Section 8

The office of the code reviser is directed to correct all references to the state fish and wildlife commission in chapter 77.12 RCW to the department of fish and wildlife.

Section 9

  1. By January 15, 2026, members of the state fish and wildlife commission shall be given the opportunity to continue as commissioners following the effective date of this section until the end of their terms. The governor shall appoint replacements as soon as practicable, for commissioners who decline to continue.

  2. The governor shall consult with the commission in shaping the search for a director of fish and wildlife whenever that position is open. The commission shall interview final candidates for the position, and the commission shall provide written recommendations to the governor regarding the appointment.

Section 10

This act takes effect January 15, 2026.


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