SUBSTITUTE HOUSE BILL 1416







                        52nd Legislature

                      1991 Regular Session



Passed by the House March 8, 1991

  Yeas 96   Nays 0




Speaker of the

       House of Representatives


Passed by the Senate April 12, 1991

  Yeas 46   Nays 0




President of the Senate












Governor of the State of Washington



I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1416 as passed by the House of Representatives and the Senate on the dates hereon set forth.




                                      Chief Clerk











                        Secretary of State   

                       State of Washington  




                            SUBSTITUTE HOUSE BILL 1416



                             AS AMENDED BY THE SENATE


                     Passed Legislature - 1991 Regular Session


State of Washington              52nd Legislature             1991 Regular Session


By House Committee on Fisheries & Wildlife (originally sponsored by Representatives R. King, Fuhrman, Hochstatter, Padden, Basich, Morris, Dorn, R. Meyers and Winsley).


Read first time February 19, 1991.  Establishing a plan for mitigation requirements if game fish habitat is impaired.

     AN ACT Relating to game fish mitigation; adding new sections to chapter 43.131 RCW; and adding a new chapter to Title 77 RCW.




     NEW SECTION.  Sec. 1.      The legislature declares that the public and private propagation, production, protection, and enhancement of fish is in the public interest.


     NEW SECTION.  Sec. 2.      Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Department" means the Washington department of wildlife.

     (2) "Contract" means an agreement setting at a minimum, price, quantity of fish to be delivered, time of delivery, and fish health requirements.

     (3) "Fish health requirements" means those site specific fish health and genetic requirements actually used by the department of wildlife in fish stocking.

     (4) "Aquatic farmer" means a private sector person who commercially farms and manages private sector cultured aquatic products on the person's own land or on land in which the person has a present right of possession.

     (5) "Person" means a natural person, corporation, trust, or other legal entity.


     NEW SECTION.  Sec. 3.      If the department requires, pursuant to its authority relative to environmental permits or licenses, that resident hatchery game fish be stocked by the permittee or licensee for mitigation of environmental damage, the department shall specify the pounds or numbers, species, stock, and/or race of resident game fish that are to be provided.  The department shall offer the permittee or licensee the option of purchasing under contract from aquatic farmers in Washington, those game fish, unless the fish specified by the department are not available from Washington growers.


     NEW SECTION.  Sec. 4.      Any agency of state or federal government, political subdivision of the state, private or public utility company, corporation, or sports group, or any purchaser of fish under section 3 of this act may purchase resident game fish from an aquatic farmer for stocking purposes if permit requirements of this title and the department have been met.


     NEW SECTION.  Sec. 5.  A new section is added to chapter 43.131 RCW to read as follows:

     The game fish mitigation program created in sections 1 through 4 of this act shall be terminated on June 30, 1994, as provided in section 6 of this act.


     NEW SECTION.  Sec. 6.  A new section is added to chapter 43.131 RCW to read as follows:

     The following acts, or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1995:

     (1) RCW 77.--.--- and 1991 c ... s ... (section 1 of this act);

     (2) RCW 77.--.--- and 1991 c ... s ... (section 2 of this act);

     (3) RCW 77.--.--- and 1991 c ... s ... (section 3 of this act); and

     (4) RCW 77.--.--- and 1991 c ... s ... (section 4 of this act).


     NEW SECTION.  Sec. 7.      Sections 1 through 4 of this act shall constitute a new chapter in Title 77 RCW.