H-1437

AN ACT Relating to the loss of nets in the aquatic environment; adding new sections to chapter 75.28 RCW; adding a new section to chapter 82.04 RCW; adding new sections to chapter 43.131 RCW; creating a new section; prescribing penalties; making an appropriation; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that many fishing nets lost in the aquatic environment continue to catch crabs, fish, sea birds, and other marine organisms for months and years. Nets have been located in which thousands of fish, crabs, marine mammals, and other marine organisms have become trapped and died.

It is the intent of the legislature to conserve the state's aquatic resources by reducing the loss of food fish, game fish, and other marine organisms caused by abandoned fishing nets.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definition in this section applies throughout sections 3 through 5 of this act.

"Fishing net" and "net" mean the following fishing nets used by the commercial fishing industry: Gill nets, seine nets, and trawl nets.

NEW SECTION. Sec. 3. (1) Abandoning or discarding a net in state waters is prohibited, except in cases in which the net is caught on an obstruction and cannot be freed, or if the net was inadvertently lost and cannot be located.

(2) If a net must be abandoned because it is caught on an obstruction or if a net is inadvertently lost, the owner shall notify the department within fifteen days of the date the net was abandoned or lost. The owner must provide information on the net's location, date of abandonment, and reason for abandoning the net.

(3) Intentionally discarding a net into the marine environment or failing to notify the department of a lost or abandoned fishing net within fifteen days shall be punishable under chapter 7.84 RCW.

NEW SECTION. Sec. 4. The department shall be responsible for recovering, or coordinating the recovery of, abandoned and lost nets when a net is identified as posing a threat, or a potential threat, to marine organisms or seabird populations. The department shall make every effort to contract out the recovery of fishing nets. The department also shall conduct educational programs and take other actions designed to reduce the number of nets lost in the aquatic environment. The department shall target divers in their educational program and encourage divers to report lost nets to the department.

NEW SECTION. Sec. 5. A new section is added to chapter 82.04 RCW to read as follows:

There is hereby levied and there shall be collected by the department of revenue from every person engaging within this state in business as a retailer of commercial trawl nets, commercial purse seine nets, or commercial gill nets, or any components of these nets that have the potential to catch marine organisms, including web, mesh, panels, lead line, float line, or twine, an annual lost fishing net recovery tax equal to the value of the nets sold within the state multiplied by one percent. This tax is in addition to all other taxes levied in this chapter. The administrative, collection, and penalty provisions of chapter 82.32 RCW shall apply to the collection of this tax. Moneys collected from the tax shall be deposited into the general fund.

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

The lost fishing net program and the powers and duties under the program shall be terminated on June 30, 1998, as provided in section 7 of this act.

NEW SECTION. Sec. 7. 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, 1999:

(1) 1991 c ___ s 1 (section 1 of this act) (uncodified);

(2) RCW 75.28.___ and 1991 c ___ s 2 (section 2 of this act);

(3) RCW 75.28.___ and 1991 c ___ s 3 (section 3 of this act);

(4) RCW 75.28.___ and 1991 c ___ s 4 (section 4 of this act); and

(5) RCW 82.04.___ and 1991 c ___ s 5 (section 5 of this act).

NEW SECTION. Sec. 8. Sections 2 through 4 of this act are each added to chapter 75.28 RCW.

NEW SECTION. Sec. 9. Sections 2 through 5 of this act shall take effect January 1, 1992. The department of fisheries and the department of revenue may immediately take such steps as are necessary to ensure that sections 2 through 5 of this act are implemented on January 1, 1992.

NEW SECTION. Sec. 10. The sum of two hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of fisheries for the purposes of carrying out section 4 of this act.