H-3562

AN ACT Relating to wild stocks of salmonids; amending RCW 75.30.120; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that wild stocks of salmonids in the state of Washington are in a state of decline. Stocks of salmon on the Columbia river are proposed for listing as threatened and endangered, the Snake river sockeye has been officially listed as endangered, and the American fisheries society has indicated that there are two hundred fourteen other stocks of salmonids in the Pacific Northwest that are in decline or possibly extinct. Many of these are within Puget Sound or the coast, and therefore are not within the jurisdiction of the Northwest power planning council. The legislature recognizes that to lose these wild stocks would be detrimental to the genetic integrity of the fisheries resource and the economy, and will represent the loss of a vital component of Washington's aquatic ecosystems. The legislature further finds that to postpone the recovery of stocks that are on the decline but that are not yet listed as threatened or endangered is short-sighted, and that it will be less costly to act now to save this important resource.

NEW SECTION. Sec. 2. (1) The departments of fisheries and wildlife shall establish a wild salmonid review and recovery team consisting of fisheries biologists and geneticists. The purpose of the team shall be to review and recommend recovery methods for salmonid stocks outside of the Columbia river basin. The departments shall invite representatives of the Northwest Indian fisheries commission and the national marine fisheries service to participate on the team.

(2) By June 30, 1993, the review and recovery team shall:

(a) Develop a meaningful definition of stock. The definition shall be formulated to allow preservation of genetic integrity of the wild fish resource and to avoid future federal listings under the endangered species act. The team shall consider the national marine fisheries service's species definition as well as the American fisheries society definition of stock;

(b) Determine the status of all wild salmonid stocks in Washington;

(d) Where escapement objectives are not currently being met, develop a recovery plan for each subbasin containing the wild stock, attempting to achieve escapement objectives within two generations. The recovery plan shall identify baseline conditions as well as recommend actions. Priorities for recovery shall be, in descending order, natural production, supplementation using hatcheries, and captive broodstock technology. The recovery plan shall include an evaluation of the role of existing hatcheries in wild salmonid recovery, as well as of methods of harvest that have less impact on wild stocks.

(3) By June 30, 1993, the review and recovery team shall provide a recovery plan to the appropriate legislative committees. The plan shall include:

(a) A definition of stock;

(b) A state-wide list of wild stocks, with status of and escapement objectives for each;

(d) A range of recovery alternatives for wild stocks outside of the Columbia river basin, with accompanying time frames for implementation, time frames for expected recovery, costs, and risk assessments. Alternatives shall consider actions in the areas of water quality and quantity, flow management, hatchery management, captive broodstock programs, harvest, and land management. Costs shall be developed in consultation with an advisory committee of appropriate membership to be appointed by the departments.

(4) This section shall expire January 1, 1994.

NEW SECTION. Sec. 3. By January 1, 1993, the department of wildlife shall implement experimental captive broodstock programs on a coastal river to be selected by the department, for wild sea-run cutthroat trout. Existing facilities shall be used where possible.

NEW SECTION. Sec. 4. By December 31, 1992, the department of fisheries shall determine the cost of marking all hatchery fish at all department of fisheries operated hatchery facilities.

Sec. 5. RCW 75.30.120 and 1983 1st ex.s. c 46 s 146 are each amended to read as follows:

(1) A commercial salmon fishing license issued under RCW 75.28.110 or salmon delivery permit issued under RCW 75.28.113 may be issued only to a vessel:

(a) Which held a state commercial salmon fishing license or salmon delivery permit during the previous year or had transferred to the vessel such a license, and has not subsequently transferred the license or permit to another vessel; and

(b) From which food fish were caught and landed in this state or in another state during the previous year as documented by a valid fish receiving document.

Where the failure to obtain the license or permit during the previous year was the result of a license or permit suspension, the vessel may qualify for a license or permit by establishing that the vessel held such a license or permit during the last year in which the license or permit was not suspended.

(2) The director may waive the landing requirement of subsection (1)(b) of this section if:

(a) The vessel to which an otherwise valid license is transferred has not had the opportunity to have caught and landed salmon; and

(b) The intent of the commercial salmon vessel limitation program established under this section is not violated.

(3) The director shall exercise his or her authority under subsection (2) of this section to accomplish the goals of the Northwest power planning council's phase two amendment to its fish and wildlife program, dated December 11, 1991, concerning a temporary commercial salmon fishing license leasing program. The director may adopt rules to accomplish the goals of the leasing program.

(4) Commercial salmon fishing licenses and salmon delivery permits are transferable.