S-3664               _______________________________________________

                                                   SENATE BILL NO. 6248

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senators Metcalf, Smith, Rasmussen and Anderson

Read first time 1/15/88 and referred to Committee on Environment & Natural Resources.

AN ACT Relating to the sale and use of salmon eggs; amending RCW 75.08.245 and 75.52.035; adding a new section to chapter 75.08 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     It is the intent of this act to increase all salmon runs for harvest by all citizens of the state by prohibiting the sale, resale, or use of salmon eggs that does not increase salmon production.

NEW SECTION. Sec. 2.  A new section is added to chapter 75.08 RCW to read as follows:

          (1) The department shall not sell salmon eggs before July 1, 1992.

          (2) The following restrictions apply to eggs given away by the department:

          (a) Eggs given to Indian tribes, cooperative projects, or agencies of the United States shall be used only to produce salmon on the waters of the state of Washington; and

          (b) The eggs shall not be sold or transferred to third parties.

          (3)  Eggs taken by the department shall be used for state enhancement programs, cooperatives, and Indian enhancement programs.  Eggs taken by the department in excess of state, federal, and Indian needs shall be planted in streams by the department to increase salmon runs.

          (4)  The department shall report on June 1 and December 1 of each year to the natural resources committees of the senate and house of representatives on the use of salmon eggs and the results of the use.

          (5) This section shall expire July 1, 1992.

        Sec. 3.  Section 4, chapter 35, Laws of 1971 as last amended by section 25, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.245 are each amended to read as follows:

After June 30, 1992, the department may supply, at a reasonable charge, surplus salmon eggs to a person for use in the cultivation of salmon.  The department shall not intentionally create a surplus of salmon to provide eggs for sale.

        Sec. 4.  Section 1, chapter 48, Laws of 1987 and RCW 75.52.035 are each amended to read as follows:

(1) All eggs taken by the department from cooperative projects under this chapter before July 1, 1992, shall be purchased by the department at a price that is based on the four-year average sale price of the salmon egg specie and the quality of the eggs taken, but in no instance shall the department allow a profit to be realized through such sales.  All funds received by cooperatives for these sales shall be used for expenses.

(2) The department of fisheries may authorize the sale of surplus salmon ((eggs and)) carcasses and after June 30, 1992, surplus salmon eggs by permitted cooperative projects for the purposes of defraying the expenses of the cooperative project.  In no instance shall the department allow a profit to be realized through such sales.

(3) The department shall adopt rules to implement this section pursuant to chapter 34.04 RCW.