AN ACT Relating to private salmon hatcheries; adding a new chapter to Title 75 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature of the state of Washington finds that the commercial and sport salmon industries of this state are essential to the economic well-being of this state and its citizens, and that the runs of salmon may be increased by allowing private industry and capital to own, finance, and operate release-recapture salmon facilities, thereby enhancing the commercial and sport salmon fishing industries of this state. The legislature finds that it is desirable to authorize such operations, in a variety of geographical areas. It is the intent of this chapter to establish a program of private ownership of release-recapture salmon rearing facilities.

To help increase the likelihood of success in such operations, it is desirable that the permits authorized under this chapter be issued to entities which have available the needed financial resources and technical expertise.

All salmon propagated and released into the waterways over which the state or the federal government exercises control or jurisdiction for any and all purposes shall be and remain, until capture, public and common property.

No person, corporation, individual, association, or other entity operating a fish cultural facility under this chapter by permit shall have any proprietary interest of any form or nature in fish released into any waterway or other aquatic environment of any description which this state or the United States exercises jurisdiction or control over for any purpose.

The presence of privately reared salmon in any waters of the state shall not curtail the department's regulatory authority to regulate the harvest of salmon by the sport and commercial fisheries of the state.

It is in the best interests of this state that the salmon stocks returning to the waters within the jurisdiction of this state be increased and that the increase in salmon stocks benefit the commercial and sport salmon fishing industries as well as the general public.

NEW SECTION. Sec. 2. (1) Not more than two permits shall be issued by the department to any corporation, directly or indirectly. Each permit shall require the start of construction and initial operation of the private release-recapture salmon facility by the original permittee within twenty-four months of date of issue or any such permit shall automatically, without further notice, be null and void, and each permit shall only be issued for one specific site designated and approved by the departments of fisheries and game. The department of fisheries shall determine by rules and regulations the number of such sites which shall be allowed and the general locations where such sites shall be allowed. All sites shall be in locations which are subject to tidal influence. Permits shall be written so that at least fifty percent, by weight, of the salmon to be released shall be either chinook (o.tschawytscha) or coho (o.kisutch) salmon.

(2) The application for a permit to construct and operate a release-recapture salmon rearing facility shall include an application fee of one thousand dollars to cover costs of the required hearing and original site investigation. Said application shall be accompanied by a draft environmental impact statement and be in compliance with criteria and restrictions adopted by the department in accordance with chapter 34.04 RCW.

(3) Permits shall be issued on the basis of the following criteria and any other criteria determined by the department to be relevant to the probability of successful operations and fulfillment of the legislative intent of this chapter:

(a) The availability to the applicant of the financing needed to successfully carry out the operations under the permit; and

(b) The availability to the applicant of the technical expertise needed to successfully carry out the operations.

(4) Six years after the date of the first release of salmon authorized under this chapter, the department shall submit to the legislature a reasonably thorough evaluation of the operations authorized by this chapter. The evaluation shall include, but shall not be limited to, the impact of the operations on the sports and commercial salmon fisheries. Recommendations shall be made which shall include, but shall not be limited to, whether or not the number of permits to be issued should be increased.

(5) Permits may be transferred to another permittee wishing to utilize the same site without the necessity of complying again with subsection (2) of this section. All other provisions of this chapter shall be applicable with regard to the transferee.

(6) Permits may be revoked by the department if it appears certain, from all information reasonably available, that a permittee no longer intends to use a permit.

(7) If a permit has been revoked for any reason or has been relinquished, the department may issue another permit to a different applicant at the same site without the necessity of complying again with subsection (2) of this section. All other provisions of this chapter shall be applicable with regard to the new permittee.

NEW SECTION. Sec. 3. (1) Prior to issuance of any permit by the department, a public hearing shall be held in accordance with chapter 34.04 RCW.

(2) The hearing shall be conducted by either the department or a representative designated by the department in the county in which the proposed site is located.

NEW SECTION. Sec. 4. No permit shall be issued:

(1) Which may tend to deplete any natural run of anadromous fish or any population of resident game fish;

(2) Which may result in waste or deterioration of fish;

(3) If the proposed operation is not consistent with sound resource management and is not in close proximity to marine waters;

(4) If the applicant has not complied with all other laws and applied for all other permits and licenses which may be required;

(5) If the department determines the applicant does not have the financial capability or technical expertise to successfully construct and operate the hatchery or may not properly conduct the operation authorized under the permit.

NEW SECTION. Sec. 5. Any permit granted by the department pursuant to this chapter shall contain at least the following conditions:

(1) All propagated fish released into state waters shall be identified by marking or tagging if required by the department;

(2) Prior to any transfer of eggs or fish into or within the state or release into state waters, the fish or eggs must be subject to examination by a qualified fish pathologist approved by the department to determine that they are not diseased or infected with any disease which in the opinion of the department may be detrimental to the state fishery resources. Cost of such examination shall be paid by the permittee. No eggs or fish shall be transferred or released without prior written approval from the department. The department may require diseased eggs or fish to be destroyed. The department shall not suffer civil or criminal liability for any eggs or fish destroyed under this section: PROVIDED, That the disease control standards applied by the department shall be no more strict than the standards applied by the department to its own hatchery operations;

(3) The department may require the permittee to divert all fish returning to the stream to an inspection area, the location of such area to be approved by the department, to examine all fish for the purpose of identifying propagated fish;

(4) The permittee may be authorized by the department to construct and operate a weir or fish ladder-type fish trap or a seine-type net to capture returning salmon previously released by the permittee. The site of such capture facility shall be identified in the permit and shall be at the site of release of the fish;

(5) The permittee shall have a privilege to take for commercial purposes, only those fish the department determines were propagated by the permittee, and the department's decision is final;

(6) It shall be unlawful for the permittee to conduct any activity not authorized by the permit or fail to conduct activities required by the permit without approval of the department;

(7) All permittees shall submit to the department quarterly records of all fish operations on forms provided by the department and the department shall have the authority to audit the accuracy of such records;

(8) The permittee shall pay all reasonable costs incurred by the department during inspections of the operation of the private release-recapture salmon facility;

(9) Provisions that the state and department reserve the right to require the permittee to post an acceptable bond to ensure that full restitution is made for any and all damages that could occur to any other salmon run;

(10) The department reserves the right to stipulate the species and stock selection, time and size at release, and numbers of fish to be released;

(11) The permittee shall grade and sell its product in accordance with the highest standards of grading available in the salmon industry;

(12) Failure to comply with any condition of said permit may result in revocation of said permit.

NEW SECTION. Sec. 6. (1) If the department finds that the operation described in the permit is not in the best public interest, either: (a) Because an operation including or involving the released chinook (o.tschawytscha) or coho (o.kisutch) salmon has not significantly contributed to the sport and commercial fishery; or (b) because an operation including or involving the release of chum (o.keta), pink (o.gorbuscha), or sockeye (o.nerka) salmon has not contributed to the commercial fishery; or (c) because the operation has resulted in adverse effects upon the salmon or game fish resource, the department may alter the conditions of the permit to mitigate such adverse effects or may cause an orderly termination of the operation under the permit. Proceedings to cause such alteration or termination shall be conducted in accordance with chapter 34.04 RCW. An orderly termination shall not exceed a four-year period and shall culminate in the revocation of the permit in its entirety. During this period the permittee may continue to examine and take specified propagated salmon according to the provisions of the permit but may not release additional fish.

(2) If the department finds the operation has caused deterioration of the natural run of salmon, it shall require the permittee to return the fish populations to the same condition that existed prior to issuance of the permit. The state game department shall require the permittee to return the game fish population to the same condition that existed prior to issuance of the permit. If the permittee fails to take appropriate action, the department of fisheries or the department of game shall take such action and the permittee shall bear any cost incurred by the state.

NEW SECTION. Sec. 7. All fish released under this chapter during the time they are in the wild shall be the public property of the state and may be taken under angling or commercial fishing laws and regulations of this state.

NEW SECTION. Sec. 8. Nothing in this chapter is intended to give the permittee any equity in any of the waters or fish of the state.

NEW SECTION. Sec. 9. Nothing in this act shall suspend or revoke existing Title 75 RCW as it may apply to other fisheries.

NEW SECTION. Sec. 10. 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. 11. Sections 1 through 8 of this act shall constitute a new chapter in Title 75 RCW.