H-1748.1          _______________________________________________

 

                                  HOUSE BILL 1987

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State of Washington              52nd Legislature             1991 Regular Session

 

By Representatives R. King, Wilson, Ballard, Sheldon, Morris, Paris, McLean, Winsley, Brough, Zellinsky, Horn, Cooper, Forner, Rayburn, H. Myers, Nelson, Chandler, P. Johnson, Casada and Orr.

 

Read first time February 18, 1991.  Referred to Committee on Fisheries & Wildlife.Allocating the payback of sport caught salmon to recreational fishers.


     AN ACT Relating to the payback of sport caught salmon to recreational fishers; adding new sections 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.      The legislature finds that overestimation by the department of fisheries of salmon catch by recreational fishers occurred during the last ten-year period, resulting in reduced opportunity for recreational fishers, as recreational fishing restrictions were derived from faulty data on recreational salmon catch.  The error was in favor of treaty fishers.  The legislature further finds that as the department of fisheries "pays back" to nontreaty fishers their historic fair share of salmon, it is in the public interest to ensure that the payback accrues to the recreational fisher.  The legislature declares that allocation of salmon between recreational and nontreaty commercial fishers is the only way to truly achieve equity between these two resource user groups.

 

     NEW SECTION.  Sec. 2.      The director of the department of fisheries shall develop and implement a salmon payback plan by January 1, 1992, that accomplishes the following:

     (1) Calculates overestimates of historic salmon harvest by recreational fishers by catch management area and by river, and accordingly apportions payback of salmon to recreational fishers by catch management area and by river;

     (2) Estimates the total number of salmon to be paid back using 1981-1990 overestimates of sport catch from catch management areas six through thirteen, as designated by the department of fisheries, including overestimates for marine catch, freshwater catch, and hooking mortality;

     (3) Ensures that payback benefits accrue solely to recreational fishers by removing all time, place, and manner restrictions that affect recreational fishers' ability to catch biting chinook and coho salmon and by further restricting time, place, and manner of fishing for nontreaty commercial fishers; and

     (4) Accomplishes the payback by January 1, 2002.

 

     NEW SECTION.  Sec. 3.      The director shall make available accurate annual sport catch reports to the legislature and to recreational fishers by March 1st of each year, beginning in 1993.

 

     NEW SECTION.  Sec. 4.      Sections 2 and 3 of this act are each added to chapter 75.08 RCW.