CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 5082

Chapter 362, Laws of 1991

(partial veto)

52nd Legislature

1991 Regular Session

PROFESSIONAL SALMON GUIDES‑-LICENSING REQUIREMENTS

EFFECTIVE DATE: 7/28/91

Passed by the Senate April 23, 1991

Yeas 45 Nays 0

JOEL PRITCHARD

President of the Senate

Passed by the House April 18, 1991

Yeas 97 Nays 0

JOE KING

Speaker of the

House of Representatives

Approved May 21, 1991, with

the exception of section 4,

which is vetoed.

BOOTH GARDNER

Governor of the State of Washington

CERTIFICATE

I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5082 as passed by the Senate and the House of Representatives on the dates hereon set forth.

GORDON A. GOLOB Secretary

FILED

May 21, 1991 - 11:37 a.m.

Secretary of State

State of Washington

_______________________________________________

SUBSTITUTE SENATE BILL 5082

AS AMENDED BY THE HOUSE

_______________________________________________

Passed Legislature - 1991 Regular Session

State of Washington 52nd Legislature 1991 Regular Session

By Senate Committee on Environment & Natural Resources (originally sponsored by Senators Bauer, L. Smith and Oke).

Read first time February 4, 1991.

AN ACT Relating to professional salmon fishing guides; amending RCW 75.28.010; adding a new section to chapter 75.28 RCW; creating a new section; and repealing RCW 77.12.480.

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

Sec. 1. RCW 75.28.010 and 1985 c 457 s 18 are each amended to read as follows:

(1) Except as otherwise provided by this title, a license or permit issued by the director is required to:

(a) Commercially fish for or take food fish or shellfish;

(b) Deliver food fish or shellfish taken in offshore waters;

(d) Engage in processing or wholesaling food fish or shellfish; or

(e) Operate as a guide for salmon for personal use in freshwater rivers and streams, other than that part of the Columbia river below the bridge at Longview.

(2) It is unlawful to engage in the activities described in subsection (1) of this section without having in possession the licenses or permits required by this title.

(3) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

NEW SECTION. Sec. 2. A new section is added to chapter 75.28 RCW to read as follows:

A professional salmon guide license is required for the holder to offer or perform the services of a professional salmon guide in the taking of salmon for personal use in freshwater rivers and streams, other than in that part of the Columbia river below the bridge at Longview. The annual license fees are fifty dollars for residents and five hundred dollars for nonresidents. A surcharge of twenty dollars shall be assessed on each resident guide license and a surcharge of one hundred dollars shall be assessed on each nonresident guide license for the purposes of RCW 75.50.100.

NEW SECTION. Sec. 3. The house fisheries and wildlife committee and the senate committee on environment and natural resources shall evaluate whether the fishing guide license requirements under this act are sufficient, and shall present their recommendations to the legislature by December 31, 1991.

NEW SECTION. Sec. 4. RCW 77.12.480 and 1980 c 78 s 64, 1967 c 62 s 4 are each repealed.

*Sec. 4 was vetoed, see message at end of chapter.

Note: Governor's explanation of partial veto is as follows:

"I am returning herewith, without my approval as to section 4, Substitute Senate Bill No. 5082 entitled:

"AN ACT Relating to professional salmon fishing guides."

This bill contains a provision repealing reciprocity with Idaho for fishing in the concurrent waters of Washington and Idaho on the Snake River. This repealer was added during the session when it became apparent that Idaho was acting inconsistently with the reciprocity agreement with respect to fishing guide licenses. Recently, Washington and Idaho wildlife agencies, the Idaho Guides Association, and the respective Attorney General's Offices have agreed to meet and discuss future actions regarding reciprocity between the two states on the Snake River. Due to this renewed cooperative arrangement, it is unnecessary to repeal the section relating to the reciprocity agreement. I expect that the two states can continue to work together in the future. Without such a cooperative agreement, residents wishing to fish on the concurrent waters of the Snake River would have been required to purchase licenses from both states. This would only cause confusion and animosity.

For these reasons, I have vetoed section 4 of Substitute Senate Bill No. 5082.

With the exception of section 4, Substitute Senate Bill No. 5082 is approved."