S-3469

AN ACT Relating to wild salmon; adding new sections to chapter 75.50 RCW; creating a new section; and providing for submission of this act to a vote of the people.

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

NEW SECTION. Sec. 1. The legislature declares that the state has a vital interest in the preservation of wild salmon and finds that they are a precious natural resource that must be preserved for future generations to appreciate.

The legislature further finds that the future of many wild salmon runs is in jeopardy as evidenced by the current listing of Snake river sockeye salmon under the federal endangered species act, the pending petitions to list additional wild salmon under the federal endangered species act, and the recent report by the American fisheries society identifying numerous additional runs of wild salmon that are weak or threatened, or in danger of extinction.

Wild salmon are spawned in freshwater streams, migrate to the waters of the Pacific Ocean and, in response to their anadromous cycle, return as mature fish to their natal, freshwater streams to spawn and perpetuate the species. Guaranteeing safe passage for returning wild salmon to their natal waters is critical to their preservation.

Recognizing that salmon stocks and races are commingled in the waters of the Pacific Ocean, the marine waters of the state, and certain waters of the Columbia river, it is declared necessary to prohibit all types of nonselective harvesting by all persons in these waters in order to guarantee wild salmon safe passage through these waters as they return to their natal waters.

NEW SECTION. Sec. 2. Notwithstanding any other grant of authority, the director shall not authorize, agree to, or allow any person to harvest or take, either directly or indirectly, any wild coho salmon (oncorhynchus kisutch), any wild chinook salmon (oncorhynchus tshawytscha), or any species of wild salmon listed under the federal endangered species act while they are within the waters of the Pacific Ocean, the marine waters of the state, the concurrent waters of the Columbia river, or the waters of the Columbia river up to and including its confluence with the waters of the Snake river. However, nothing in this section shall preclude or prevent the director from authorizing fisheries in these waters for other runs or types of salmon.

NEW SECTION. Sec. 3. The enforcement of section 2 of this act shall take effect January 1, 1997. The department shall mark all coho salmon and chinook salmon produced in facilities and hatcheries operated by or authorized by the department beginning January 1, 1994.

The department shall immediately implement a program to mark, in a conspicuous manner that is easily observable on the exterior of the fish, all coho salmon and chinook salmon produced in facilities and hatcheries operated by or authorized by the department. The purpose of the marking is to allow for the immediate, external identification of these fish. The department shall also work with all other persons producing coho salmon and chinook salmon for release into the waters of the state to coordinate a similar marking of all the coho salmon and chinook salmon they release into the waters of the state.

The department shall not reduce the quantity of coho salmon and chinook salmon produced in hatcheries or facilities operated by the department below the annual quantity being produced as of the effective date of this act, unless it is scientifically proven that a specific production level at a specific facility is resulting in reduced salmon runs.

NEW SECTION. Sec. 4. Sections 2 and 3 of this act are each added to chapter 75.50 RCW.

NEW SECTION. Sec. 5. This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof. If approved, this act shall take effect immediately upon certification of the election.