Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
                               HOUSE BILL 1876
                           Chapter 48, Laws of 2024
                               68th Legislature
                             2024 Regular Session
CONFIDENTIAL FISHERIES INFORMATION—PUBLIC RECORDS ACT EXEMPTION
 EFFECTIVE DATE: June 6, 2024—Except for section 3, which takes
                      effect June 30, 2027.
Passed by the House February 12, 2024                CERTIFICATE
  Yeas 86 Nays 11
                                        I, Bernard Dean, Chief Clerk of the
                                        House of Representatives of the
            LAURIE JINKINS              State of Washington, do hereby
Speaker of the House of                 certify that the attached is HOUSE
Representatives                         BILL 1876 as passed by the House of
                                        Representatives and the Senate on
                                        the dates hereon set forth.
Passed by the Senate February 27,
                                              BERNARD DEAN
  Yeas 48 Nays 0                                                   Chief Clerk
              DENNY HECK
President of the Senate
Approved March 13, 2024 1:45 PM                         FILED
                                                    March 14, 2024
                                                 Secretary of State
              JAY INSLEE                         State of Washington
Governor of the State of Washington
                                HOUSE BILL 1876
                   Passed Legislature - 2024 Regular Session
     State of Washington       68th Legislature       2024 Regular Session
     By Representatives Springer, McEntire, Reeves, and Thai; by request
     of Department of Fish and Wildlife
     Prefiled 12/05/23. Read first time 01/08/24.    Referred to Committee
     on State Government & Tribal Relations.
      AN ACT Relating to confidential fisheries information collected
  by other states and maintaining that confidentiality under the public
  records act; amending RCW 42.56.430 and 42.56.430; creating a new
  section; providing an effective date; and providing an expiration
  date.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION.    Sec. 1.   Fishery data and recordkeeping occurs
 primarily at the state level on the west coast, but many fishers
 participate in multiple fisheries along the coast and deliver their
 catches into multiple states. Coastal states regularly share
 confidential data to ensure regulations are enforced, to understand
 fisheries performance, and to analyze the need for and likely effects
 of potential rule changes. The goal of this act is to expressly
 authorize the department of fish and wildlife to protect data
 received from other coastal states if that data is confidential under
 the originating state's laws.
     Sec. 2.   RCW 42.56.430 and 2018 c 214 s 1 are each amended to
 read as follows:
     The following information relating to fish and wildlife is exempt
 from disclosure under this chapter:
                                     p. 1                       HB 1876.SL
     (1) Commercial fishing catch data from logbooks required to be
 provided to the department of fish and wildlife under RCW 77.12.047,
 when the data identifies specific catch location, timing, or
 methodology and the release of which would result in unfair
 competitive disadvantage to the commercial fisher providing the catch
 data, however, this information may be released to government
 agencies concerned with the management of fish and wildlife
 resources;
     (2) Sensitive fish and wildlife data. Sensitive fish and wildlife
 data may be released to the following entities and their agents for
 fish, wildlife, land management purposes, or scientific research
 needs: Government agencies, public utilities, and accredited colleges
 and universities. Sensitive fish and wildlife data may be released to
 tribal governments. Sensitive fish and wildlife data may also be
 released to the owner, lessee, or right-of-way or easement holder of
 the private land to which the data pertains. The release of sensitive
 fish and wildlife data must be subject to a confidentiality
 agreement, except upon release of sensitive fish and wildlife data to
 the owner, lessee, or right-of-way or easement holder of private land
 who initially provided the data. Sensitive fish and wildlife data
 does not include data related to reports of predatory wildlife as
 specified in RCW 77.12.885. Sensitive fish and wildlife data must
 meet at least one of the following criteria of this subsection as
 applied by the department of fish and wildlife:
     (a) The nesting sites or specific locations of endangered species
 designated under RCW 77.12.020, or threatened or sensitive species
 classified by rule of the department of fish and wildlife;
     (b) Radio frequencies used in, or locational data generated by,
 telemetry studies; or
     (c) Other location data that could compromise the viability of a
 specific fish or wildlife population, and where at least one of the
 following criteria are met:
     (i) The species has a known commercial or black market value;
     (ii) There is a history of malicious take of that species and the
 species behavior or ecology renders it especially vulnerable;
     (iii) There is a known demand to visit, take, or disturb the
 species; or
     (iv) The species has an extremely limited distribution and
 concentration;
                                     p. 2                       HB 1876.SL
     (3) The following information regarding any damage prevention
 cooperative agreement, or nonlethal preventative measures deployed to
 minimize wolf interactions with pets and livestock:
     (a) The name, telephone number, residential address, and other
 personally identifying information of any person who has a current
 damage   prevention  cooperative   agreement   with  the  department,
 including a pet or livestock owner, and his or her employees or
 immediate family members, who agrees to deploy, or is responsible for
 the deployment of, nonlethal, preventative measures; and
     (b) The legal description or name of any residential property,
 ranch, or farm, that is owned, leased, or used by any person included
 in (a) of this subsection;
     (4) The following information regarding a reported depredation by
 wolves on pets or livestock:
     (a) The name, telephone number, residential address, and other
 personally identifying information of:
     (i) Any person who reported the depredation;
     (ii) Any pet or livestock owner, and his or her employees or
 immediate family members, whose pet or livestock was the subject of a
 reported depredation; and
     (iii) Any department of fish and wildlife employee, range rider
 contractor, or trapper contractor who directly:
     (A) Responds to a depredation; or
     (B) Assists in the lethal removal of a wolf; and
     (b) The legal description, location coordinates, or name that
 identifies any residential property, or ranch or farm that contains a
 residence, that is owned, leased, or used by any person included in
 (a) of this subsection;
     (5) The personally identifying information of persons who acquire
 recreational licenses under RCW 77.32.010 or commercial licenses
 under chapter 77.65 or 77.70 RCW, except name, address of contact
 used by the department, and type of license, endorsement, or tag;
 however, the department of fish and wildlife may disclose personally
 identifying information to:
     (a) Government agencies concerned with the management of fish and
 wildlife resources;
     (b) The department of social and health services, child support
 division, and to the department of licensing in order to implement
 RCW 77.32.014 and 46.20.291; and
                                     p. 3                       HB 1876.SL
     (c) Law enforcement agencies for the purpose of firearm
 possession enforcement under RCW 9.41.040;
     (6)(a) Information that the department of fish and wildlife has
 received or accessed but may not disclose due to confidentiality
 requirements in the Magnuson-Stevens fishery conservation and
 management reauthorization act of 2006 (16 U.S.C. Sec. 1861(h)(3) and
 (i), and Sec. 1881a(b)); and
     (b) Fisheries related information that was collected by another
 state and is confidential under the laws of that state;
     (7) The following tribal fish and shellfish harvest information,
 shared with the department of fish and wildlife:
     (a) Fisher name;
     (b) Fisher signature;
     (c) Total harvest value per species;
     (d) Total harvest value;
     (e) Price per pound; and
     (f) Tribal tax information; and
     (8) The following commercial shellfish harvest       information,
 shared with the department of fish and wildlife:
     (a) Individual farmer name;
     (b) Individual farmer signature;
     (c) Total harvest value per species;
     (d) Total harvest value;
     (e) Price per pound; and
     (f) Tax information.
     Sec. 3.   RCW 42.56.430 and 2018 c 214 s 2 are each amended to
 read as follows:
     The following information relating to fish and wildlife is exempt
 from disclosure under this chapter:
     (1) Commercial fishing catch data from logbooks required to be
 provided to the department of fish and wildlife under RCW 77.12.047,
 when the data identifies specific catch location, timing, or
 methodology and the release of which would result in unfair
 competitive disadvantage to the commercial fisher providing the catch
 data, however, this information may be released to government
 agencies concerned with the management of fish and wildlife
 resources;
     (2) Sensitive fish and wildlife data. Sensitive fish and wildlife
 data may be released to the following entities and their agents for
                                     p. 4                       HB 1876.SL
 fish, wildlife, land management purposes, or scientific research
 needs: Government agencies, public utilities, and accredited colleges
 and universities. Sensitive fish and wildlife data may be released to
 tribal governments. Sensitive fish and wildlife data may also be
 released to the owner, lessee, or right-of-way or easement holder of
 the private land to which the data pertains. The release of sensitive
 fish and wildlife data must be subject to a confidentiality
 agreement, except upon release of sensitive fish and wildlife data to
 the owner, lessee, or right-of-way or easement holder of private land
 who initially provided the data. Sensitive fish and wildlife data
 does not include data related to reports of predatory wildlife as
 specified in RCW 77.12.885. Sensitive fish and wildlife data must
 meet at least one of the following criteria of this subsection as
 applied by the department of fish and wildlife:
     (a) The nesting sites or specific locations of endangered species
 designated under RCW 77.12.020, or threatened or sensitive species
 classified by rule of the department of fish and wildlife;
     (b) Radio frequencies used in, or locational data generated by,
 telemetry studies; or
     (c) Other location data that could compromise the viability of a
 specific fish or wildlife population, and where at least one of the
 following criteria are met:
     (i) The species has a known commercial or black market value;
     (ii) There is a history of malicious take of that species and the
 species behavior or ecology renders it especially vulnerable;
     (iii) There is a known demand to visit, take, or disturb the
 species; or
     (iv) The species has an extremely limited distribution and
 concentration;
     (3) The personally identifying information of persons who acquire
 recreational licenses under RCW 77.32.010 or commercial licenses
 under chapter 77.65 or 77.70 RCW, except name, address of contact
 used by the department, and type of license, endorsement, or tag;
 however, the department of fish and wildlife may disclose personally
 identifying information to:
     (a) Government agencies concerned with the management of fish and
 wildlife resources;
     (b) The department of social and health services, child support
 division, and to the department of licensing in order to implement
 RCW 77.32.014 and 46.20.291; and
                                     p. 5                       HB 1876.SL
     (c) Law enforcement agencies for the purpose of firearm
 possession enforcement under RCW 9.41.040;
     (4)(a) Information that the department of fish and wildlife has
 received or accessed but may not disclose due to confidentiality
 requirements in the Magnuson-Stevens fishery conservation and
 management reauthorization act of 2006 (16 U.S.C. Sec. 1861(h)(3) and
 (i), and Sec. 1881a(b)); and
     (b) Fisheries related information that was collected by another
 state and is confidential under the laws of that state;
     (5) The following tribal fish and shellfish harvest information,
 shared with the department of fish and wildlife:
     (a) Fisher name;
     (b) Fisher signature;
     (c) Total harvest value per species;
     (d) Total harvest value;
     (e) Price per pound; and
     (f) Tribal tax information; and
     (6) The following commercial shellfish harvest       information,
 shared with the department of fish and wildlife:
     (a) Individual farmer name;
     (b) Individual farmer signature;
     (c) Total harvest value per species;
     (d) Total harvest value;
     (e) Price per pound; and
     (f) Tax information.
     NEW SECTION.   Sec. 4.   Section 2 of this act expires June 30,
 2027.
     NEW SECTION.   Sec. 5.   Section 3 of this act takes effect June
 30, 2027.
         Passed by the House February 12, 2024.
         Passed by the Senate February 27, 2024.
         Approved by the Governor March 13, 2024.
         Filed in Office of Secretary of State March 14, 2024.
                                  --- END ---
                                     p. 6                        HB 1876.SL
Statutes affected: 
Original Bill: 42.56.430
Bill as Passed Legislature: 42.56.430
Session Law: 42.56.430