SENATE RESOLUTION

                         1992-8741

By Senators L. Smith and Sutherland

     WHEREAS, The legislature mandated in 1991 in Substitute Senate Bill No. 5501 that the director of the department of fisheries study the commercial fishing industry in the state and determine the optimum number of commercial salmon licenses that should be issued; and

     WHEREAS, The study was completed in December of 1991, and indicated a clear need to reduce the number of commercial salmon licenses in order to provide economic stability to the commercial fishing industry; and

     WHEREAS, The director of the department of fisheries has determined that there is an urgent need to proceed with a program of gear reduction to meet the mandates of the legislature and the courts; and

     WHEREAS, The state owns the fish in state waters as trustee for all the people and for the common good; and

     WHEREAS, Fishers have no private property right to take salmon as against the state; and

     WHEREAS, The overriding purpose of the statutes is to provide wise use of the resource, which is the broadest definition of conservation; and

     WHEREAS, The power to manage a fishery for conservation purposes only is not a restrictive one; and

     WHEREAS, The director may adopt rules to carry out the purposes and duties of the department, which include preservation, protection, and management of the food fish and shellfish in state waters and offshore waters; conservation of food fish and shellfish in a manner that does not impair the resource; the maintenance of the economic well-being and stability of the fishing industry in the state; the promotion of orderly fisheries; and the enhancement and improvement of recreational and commercial fishing in the state;

     NOW, THEREFORE, BE IT RESOLVED, That the Senate recognize the department of fisheries' authority to implement the findings of the study conducted pursuant to Substitute Senate Bill 5501 and encourages the department to move forward in implementation; and

     BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the Director of the Department of Fisheries.