AN ACT Relating to establishing a negotiation process and enhancement program to settle Indian tribal shellfish harvesting claims; adding a new section to chapter 75.08 RCW; adding new sections to chapter 75.24 RCW; creating new sections; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. In 1854 and 1855, the United States entered into a series of treaties with Washington Indian tribes. The treaties reserved to the tribes the right to fish at all usual and accustomed grounds and stations in common with citizens of the territory. The treaties also provided that the Indians "shall not take shellfish from any beds staked or cultivated by citizens."

The United States Supreme Court has not resolved questions involving shellfish. Conflict between Indian and non-Indian citizens regarding shellfish have escalated involving law enforcement personnel and jeopardizing state-tribal relations. Determinations regarding tribal shellfish harvesting off-reservation may affect commercial and noncommercial shellfish activities of landowners, lessees, and members of the public.

The legislature finds that extensive litigation regarding the nature and the extent, if any, of any tribal shellfishing rights may not be in the best interest of the state of Washington. The state of Washington encourages state agencies to attempt to settle shellfish harvesting issues with treaty tribes through negotiation.

NEW SECTION. Sec. 2. A new section is added to chapter 75.24 RCW to read as follows:

Until a negotiated agreement is entered into by all parties or until a court determination, the department of fisheries and the department of natural resources shall consult with affected Indian tribes and establish interim shellfish harvesting guidelines for tribal members. The guidelines shall identify specific harvesting areas open to tribal harvesting. These areas shall not include privately owned tidelands, state oyster reserves, and state parks.

NEW SECTION. Sec. 3. A new section is added to chapter 75.24 RCW to read as follows:

The director of fisheries may contract with an independent mediation, conciliation, or fact-finding service for the purpose of assisting negotiations between the state and Indian tribal entities. The state interests in such negotiations shall be represented by one member of each of the following entities: The department of fisheries, the parks and recreation commission, the department of natural resources, the office of the governor, and the chairman of the citizens advisory committee on shellfish harvesting established in section 4 of this act. The purpose of the negotiations shall be to attempt to settle Indian tribal shellfish harvesting issues. State park lands shall not be included in the settlement for purposes of commercial tribal shellfish harvesting. All parties shall negotiate in good faith to reach a settlement of these issues.

The parties who participate in the negotiation process are urged to reach an agreement on or before December 31, 1987, in settling all pending and future claims to shellfish under the treaties.

NEW SECTION. Sec. 4. A new section is added to chapter 75.24 RCW to read as follows:

The citizens advisory committee on shellfish harvesting is hereby created. The committee shall consist of seven members selected by a consensus of the state entities identified in section 3 of this act. Two members shall represent the citizens in general, two members shall represent commercial shellfish interests, two members shall represent residential tideland owners, and one member shall be a shellfish biologist. The committee shall select a chairman from its membership, who shall preside over the meetings of the committee, as well as attend the negotiations between state agencies and treaty Indian tribes. The purpose of the committee is to provide for private citizen participation in the negotiation of Indian tribal shellfish harvesting issues.

The citizens advisory committee on shellfish harvesting shall hold hearings throughout the shellfish harvesting areas of the state for purposes of receiving input from the public on constructive ways to settle the tribal shellfish issues. The chairman of the committee shall submit a report to the legislature and to all the entities participating in the negotiations on or before October 15, 1987.

The department of fisheries in Olympia shall provide an office and necessary staffing for the committee. Committee members shall receive no monetary compensation for their services but shall be reimbursed under RCW 43.03.050 and 43.03.060 for travel expenses incurred while attending official meetings of the commission. Travel expenses shall be paid to the commissioners by the department of fisheries.

The committee shall cease to exist on June 30, 1988.

NEW SECTION. Sec. 5. A new section is added to chapter 75.24 RCW to read as follows:

The department of fisheries shall establish a twenty-four hour, seven day a week, toll-free shellfish hotline on which citizens may contact the department to get assistance or information on shellfish harvesting concerns, to report shellfish harvesting violations, or to inform the department of shellfish conservation problems.

NEW SECTION. Sec. 6. A new section is added to chapter 75.08 RCW to read as follows:

The department shall assign a minimum of three full-time fisheries patrol officers to enforce shellfish harvesting rules in Puget Sound and Hood Canal. A majority of the duties of the three patrol officers shall be the enforcement of shellfish harvesting. The three officers shall have radio contact capability with the shellfish hotline.

NEW SECTION. Sec. 7. A new section is added to chapter 75.24 RCW to read as follows:

Persons harvesting commercial quantities of shellfish on private tidelands without written permission of the owner shall be liable for damages to the owner not to exceed three times the value of the harvested shellfish.

NEW SECTION. Sec. 8. Within available appropriations, the department of fisheries shall expend a total of two million four hundred thousand dollars during the 1987-89 and 1989-91 fiscal biennia for shellfish enhancement if a negotiated agreement is reached under this act by December 31, 1987.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.