S-0817.2                   _______________________________________________

                                                     SENATE BILL 5302

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Owen, Hargrove and Oke

Read first time 01/22/93.  Referred to Committee on Natural Resources.

Concerning food fish and shellfish rules.

          AN ACT Relating to food fish and shellfish; and amending RCW 75.08.080.

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

        Sec. 1.  RCW 75.08.080 and 1985 c 457 s 17 are each amended to read as follows:

          (1) The director may adopt, amend, or repeal rules as follows:

          (a) Specifying the times when the taking of food fish or shellfish is lawful or unlawful.

          (b) Specifying the areas and waters in which the taking and possession of food fish or shellfish is lawful or unlawful.

          (c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take food fish or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed.

          (d) Regulating the possession, disposal, landing, and sale of food fish or shellfish within the state, whether acquired within or without the state.

          (e) Regulating the prevention and suppression of diseases and pests affecting food fish or shellfish.

          (f) Regulating the size, sex, species, and quantities of food fish or shellfish that may be taken, possessed, sold, or disposed of.

          (g) Specifying the statistical and biological reports required from fishermen, dealers, boathouses, or processors of food fish or shellfish.

          (h) Classifying species of marine and freshwater life as food fish or shellfish.

          (i) Classifying the species of food fish and shellfish that may be used for purposes other than human consumption.

          (j) Other rules necessary to carry out this title and the purposes and duties of the department.

          (2) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to private tideland owners and lessees and the immediate family members of the owners or lessees of state tidelands, when they take or possess oysters, clams, cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use.

"Immediate family member" for the purposes of this section means a spouse, brother, sister, grandparent, parent, child, or grandchild.

          (3) Except for subsection (1)(g) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020.  Subsection (1)(g) of this section does apply to such products.

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