S-601                 _______________________________________________

                                                   SENATE BILL NO. 5062

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State of Washington                               51st Legislature                              1989 Regular Session

By Senator Smith

Read first time 1/11/89 and referred to Committee on   Environment & Natural Resources.

AN ACT Relating to sturgeon aquaculture; and adding a new chapter to Title 75 RCW.

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

NEW SECTION. Sec. 1.     Sturgeon are a highly valuable fish which provide important recreational and commercial fisheries in Washington state.  There is a great opportunity to expand the stocks of sturgeon with the use of aquaculture techniques.  With encouragement from the department of fisheries, a new private sturgeon aquaculture industry could develop.  In addition, the techniques developed by private sturgeon aquaculturists could be utilized to improve the public fisheries without the need for an investment by the state in new technology.

NEW SECTION. Sec. 2.     The director shall explore the opportunities for using sturgeon aquaculture to improve the public fisheries and encourage private sturgeon aquaculture in this state.

NEW SECTION. Sec. 3.     The department shall develop procedures for capturing native sturgeon broodstock and obtaining viable sturgeon eggs for public and private aquaculture.  The department shall cooperate with private aquaculturists who desire to culture sturgeon in Washington state with native sturgeon stocks.  The department shall control the supply of viable sturgeon eggs and juvenile sturgeon to assure the control of disease and to prevent the cultured sturgeon from causing a threat to native fish stocks.

NEW SECTION. Sec. 4.     The department shall provide viable sturgeon eggs or juvenile sturgeon to private aquaculturists on a fair market value basis.  In addition, private sturgeon aquaculturists shall not receive sturgeon eggs or juvenile sturgeon if there is a need for sturgeon eggs or juvenile sturgeon for public aquaculture projects, research projects, or cooperative projects.  Private sturgeon aquaculturists shall report to the department all data on culture methods utilized in the production of sturgeon.

          Revenues generated from the sale of viable sturgeon eggs and juvenile sturgeon to private aquaculturists shall be deposited only in the sturgeon enhancement account, which is hereby created in the general fund of the state treasury.  The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.  Funds from the sturgeon enhancement account shall be used solely for the department's sturgeon aquaculture program, which shall include the release of juvenile sturgeon for the enhancement of public sturgeon fisheries.

          In no case shall the department allow Washington origin viable sturgeon eggs or live juvenile sturgeon to be exported from the state.  The sale of Washington origin sturgeon caviar or Washington origin sturgeon eggs suitable for caviar is prohibited.

NEW SECTION. Sec. 5.     The director shall report to the legislature on the sturgeon enhancement program and the production of sturgeon by private aquaculturists in this state on an annual basis under RCW 75.08.020(3).

NEW SECTION. Sec. 6.     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. 7.     Sections 1 through 5 of this act shall constitute a new chapter in Title 75 RCW.