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SUBSTITUTE
SENATE BILL 5056
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AS
AMENDED BY THE HOUSE
Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read
first time 01/28/93.
Regulating seaweed harvesting.
AN ACT Relating to seaweed; amending RCW
75.10.010; adding new sections to chapter 79.01 RCW; creating new sections; and
prescribing penalties.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
The legislature finds that the plant resources of marine aquatic ecosystems
have inherent value and provide essential habitat. These resources are also
becoming increasingly valuable as economic commodities and may be declining.
The legislature further finds that the regulation of harvest of these resources
is currently inadequate to afford necessary protection.
NEW SECTION. Sec. 2.
Unless the context clearly requires otherwise, the definition in this section
applies throughout this chapter.
"Marine aquatic plants" means
saltwater marine plant species that are dependent upon the marine aquatic or
tidal environment, and exist in either an attached or free-floating state.
Marine aquatic plants include but are not limited to seaweed of the classes
Chlorophyta, Phaeophyta, and Rhodophyta.
NEW SECTION. Sec. 3.
The maximum daily wet weight harvest or possession of seaweed for personal use
from all private and public tidelands and state bedlands is ten pounds per
person. The department of natural resources in cooperation with the department
of fisheries may establish seaweed harvest limits of less than ten pounds for
conservation purposes. This section shall in no way affect the ability of any
state agency to prevent harvest of any species of marine aquatic plant from
lands under its control, ownership, or management.
NEW SECTION. Sec. 4. A
violation of section 3 of this act is an infraction under chapter 7.84 RCW, punishable
by a penalty of one hundred dollars.
NEW SECTION. Sec. 5.
The department of fisheries may enforce the provisions of sections 3 and 4 of
this act.
NEW SECTION. Sec. 6.
Section 3 of this act does not apply to commercial harvest of marine aquatic
plants.
Sec. 7.
RCW 75.10.010 and 1985 c 155 s 1 are each amended to read as follows:
(1) Fisheries patrol officers and ex officio
fisheries patrol officers within their respective jurisdictions, shall enforce
this title, rules of the director, and other statutes as prescribed by the
legislature.
(2) When acting within the scope of subsection
(1) of this section and when an offense occurs in the presence of the fisheries
patrol officer who is not an ex officio fisheries patrol officer, the fisheries
patrol officer may enforce all criminal laws of the state. The fisheries
patrol officer must have successfully completed the basic law enforcement
academy course sponsored by the criminal justice training commission, or a
supplemental course in criminal law enforcement as approved by the department
and the criminal justice training commission and provided by the department or
the criminal justice training commission, prior to enforcing the criminal laws
of the state.
(3) Any liability or claim of liability which
arises out of the exercise or alleged exercise of authority by a fisheries
patrol officer rests with the department of fisheries unless the fisheries
patrol officer acts under the direction and control of another agency or unless
the liability is otherwise assumed under a written agreement between the
department of fisheries and another agency.
(4) Fisheries patrol officers may serve and
execute warrants and processes issued by the courts.
(5) Fisheries patrol officers may enforce
the provisions of sections 3 and 4 of this act.
NEW SECTION. Sec. 8. By
December 31, 1993, the department of natural resources in cooperation with the
department of fisheries shall develop and report to the appropriate committees
of the legislature on a process and budget necessary to accomplish the
following:
(1) Inventory and monitor the seaweed resource
for seaweed species that are or have the potential to be harvested for
recreational or tribal ceremonial and subsistence purposes;
(2) Develop a management plan that will address
the appropriate level of recreational harvest of seaweed while conserving the
seaweed resource;
(3) Identify the respective state and tribal
roles in managing the seaweed resource; and
(4) Involve interested parties in development
of the inventory and management plan, including the state parks and recreation
commission, affected counties, private tideland owners, the tribes, and
representatives of those who harvest seaweed for personal use. The department of
natural resources shall also involve these interested parties in development of
the process and budget.
NEW SECTION. Sec. 9. Sections 2
through 6 of this act are each added to chapter 79.01 RCW.
