S-4707.1 _______________________________________________
SUBSTITUTE SENATE BILL 6204
_______________________________________________
AS RECOMMENDED BY CONFERENCE COMMITTEE
Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994
Regular Session
By
Read first time 02/02/94.
Changing seaweed harvesting
provisions.
AN ACT Relating to
seaweed harvesting; amending RCW 79.01.805, 79.01.810, and 79.01.815;
decodifying RCW 79.96.907; repealing RCW 79.01.820; prescribing penalties; and
providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 79.01.805 and 1993 c
283 s 3 are each amended to read as follows:
(1) The maximum
daily wet weight harvest or possession of seaweed for personal use from all ((private
and public tidelands and state bedlands)) aquatic lands as defined under
RCW 79.90.010 and all privately owned tidelands is ten pounds per person.
The department of natural resources in cooperation with the department of ((fisheries))
fish and wildlife 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.
(2) Except as
provided under subsection (3) of this section, commercial harvesting of seaweed
from aquatic lands as defined under RCW 79.90.010, and all privately owned
tidelands is prohibited. This subsection shall in no way affect commercial
seaweed aquaculture.
(3) Upon mutual
approval by the department and the department of fish and wildlife, seaweed
species of the genus Macrocystis may be commercially harvested for use in the
herring spawn-on-kelp fishery.
(4) Seaweed species
of the genus Macrocystis may not be imported after July 1, 1995, for use in the
herring spawn-on-kelp fishery.
Sec. 2. RCW 79.01.810 and 1993 c
283 s 4 are each amended to read as follows:
((A violation of RCW
79.01.805 is an infraction under chapter 7.84 RCW, punishable by a penalty of
one hundred dollars.))
It is unlawful to
exceed the harvest and possession restrictions imposed under RCW 79.01.805. A
violation of this section is a misdemeanor punishable in accordance with RCW
9.92.030, and a violation taking place on aquatic lands is subject to the
provisions of RCW 79.01.760. A person committing a violation of this section
on private tidelands which he or she owns is liable to the state for treble the
amount of damages to the seaweed resource, and a person trespassing on private
tidelands and committing a violation of this section is liable to the private
tideland owner for treble the amount of damages to the seaweed resource.
Damages recoverable include, but are not limited to, damages for the market
value of the seaweed, for injury to the aquatic ecosystem, and for the costs of
restoration. In addition, the person is liable for reimbursing the injured
party for the party's reasonable costs, including but not limited to
investigative costs and reasonable attorneys' fees and other litigation-related
costs.
Sec. 3. RCW 79.01.815 and 1993 c
283 s 5 are each amended to read as follows:
The department of ((fisheries))
fish and wildlife and law enforcement authorities may enforce the
provisions of RCW 79.01.805 and 79.01.810.
NEW SECTION. Sec.
4. RCW 79.01.820 and 1993 c
283 s 6 are each repealed.
NEW SECTION. Sec.
5. RCW 79.96.907 is
decodified.
NEW SECTION. Sec.
6. This act shall take
effect July 1, 1994.
