H-3301

AN ACT Relating to a commercial salmon producers commodity commission; amending RCW 15.66.010; adding a new section 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 finds that the marketing of commercially caught and delivered salmon in the state of Washington is affected by the public interest and that there is a willingness and ability on the part of the commercial salmon industry to participate more fully in the production, protection, improvement, and restoration of the public salmon resource. The policies that justify the creation of other agricultural commodity commissions as provided for in chapter 15.66 RCW apply as well to the commercial salmon industry. Moreover, the particular nature of the public salmon resource makes it publicly desirable that those who participate in its commercial harvest be encouraged to also participate in its production, protection, improvement, and restoration.

Sec. 2. RCW 15.66.010 and 1986 c 203 s 16 are each amended to read as follows:

For the purposes of this chapter:

(1) "Director" means the director of agriculture of the state of Washington or any qualified person or persons designated by the director of agriculture to act for him concerning some matter under this chapter.

(2) "Department" means the department of agriculture of the state of Washington.

(3) "Marketing order" means an order issued by the director pursuant to this chapter.

(4) "Agricultural commodity" means any animal or any distinctive type of agricultural, horticultural, viticultural, vegetable, and/or animal product, including, but not limited to, commercially harvested salmon, products qualifying as organic food products under chapter 15.86 RCW and private sector cultured aquatic products as defined in RCW 15.85.020 and other fish and fish products, within its natural or processed state, including bees and honey and Christmas trees but not including timber or timber products. The director is authorized to determine what kinds, types or subtypes should be classed together as an agricultural commodity for the purposes of this chapter.

(5) "Producer" means any person, including commercial harvesters of salmon and processors of commercially harvested salmon, engaged in the business of producing or causing to be produced for market in commercial quantities any agricultural commodity. For the purposes of RCW 15.66.060, 15.66.090, and 15.66.120, as now or hereafter amended "producer" shall include bailees who contract to produce or grow any agricultural product on behalf of a bailor who retains title to the seed and its resulting agricultural product or the agricultural product delivered for further production or increase.

(6) "Affected producer" means any producer of an affected commodity.

(7) "Affected commodity" means any agricultural commodity for which the director has established a list of producers pursuant to RCW 15.66.060.

(8) "Commodity commission" or "commission" means a commission formed to carry out the purposes of this chapter under a particular marketing order concerning an affected commodity.

(9) "Unit" means a unit of volume, quantity or other measure in which an agricultural commodity is commonly measured.

(10) "Unfair trade practice" means any practice which is unlawful or prohibited under the laws of the state of Washington including but not limited to Titles 15, 16 and 69 RCW and chapters 9.16, 19.77, 19.80, 19.84, and 19.83 RCW, or any practice, whether concerning interstate or intrastate commerce that is unlawful under the provisions of the act of Congress of the United States, September 26, 1914, chapter 311, section 5, 38 U.S. Statutes at Large 719 as amended, known as the "Federal Trade Commission Act of 1914", or the violation of or failure accurately to label as to grades and standards in accordance with any lawfully established grades or standards or labels.

(11) "Person" includes any individual, firm, corporation, trust, association, partnership, society, or any other organization of individuals.

(12) "Cooperative association" means any incorporated or unincorporated association of producers which conforms to the qualifications set out in the act of Congress of the United States, Feb. 18, 1922, chapter 57, sections 1 and 2, 42 U.S. Statutes at Large 388 as amended, known as the "Capper-Volstead Act" and which is engaged in making collective sales or in marketing any agricultural commodity or product thereof or in rendering service for or advancing the interests of the producers of such commodity on a nonprofit cooperative basis.

(13) "Member of a cooperative association" or "member" means any producer of an agricultural commodity who markets his product through such cooperative association and who is a voting stockholder of or has a vote in the control of or is under a marketing agreement with such cooperative association with respect to such product.

NEW SECTION. Sec. 3. A new section is added to Title 75 RCW to read as follows:

If Washington commercial salmon producers elect under the provisions of chapter 15.66 RCW to form a commodity commission as authorized under that chapter, such a commission may, if it so elects, in addition to the marketing and other powers and purposes granted and provided for, also engage in the following activities and expend commission funds for the following purposes:

(1) Salmon habitat restoration and improvement under the direction of the department of fisheries;

(2) Recovery of lost or abandoned commercial fishing net that may pose an environmental or safety hazard;

(3) Harvest recovery of hatchery surpluses, test fishing, and other salmon production, management, improvement, and conservation work under the direction of the department of fisheries;

(4) Providing fully or partially compensated interns or other personnel to the department of fisheries for use in the department's production, improvement, management, or conservation of the salmon resource;

(5) Any other purpose that advances or benefits the Washington salmon resource; and

(6) The solicitation and expenditure of grant funds from private and governmental sources for the activities and purposes in subsections (1) through (5) of this section.