SENATE BILL REPORT

                  SSJM 8019

                As Passed Senate, March 7, 1995

Brief Description:  Requesting federal assistance to facilitate the implementation of judicial decisions concerning the harvest of fish and shellfish.

Sponsors:  Senate Committee on Natural Resources (originally sponsored by Senators Oke, Owen, Snyder, A. Anderson, Haugen, Bauer, Gaspard, McDonald, Swecker, Roach, Strannigan, Palmer, Hochstatter, Morton, West, Rasmussen and Spanel).

Brief History:

Committee Activity:  Natural Resources:  2/28/95 [DPS].

Passed Senate, 3/7/95, 48-0.

SENATE COMMITTEE ON NATURAL RESOURCES

Majority Report:  That Substitute Senate Joint Memorial No. 8019 be substituted therefor, and the substitute joint memorial do pass.

  Signed by Senators Drew, Chair; Spanel, Vice Chair; A. Anderson, Hargrove, Haugen, Morton, Oke, Owen, Snyder, Strannigan and Swecker.

Staff:  Ross Antipa (786-7413)

Background:  A federal judicial decision in December, 1994 granted treaty Indian tribes the right to harvest 50 percent of the shellfish in state waters.

The state Department of Fish and Wildlife and private property owners will incur costs due to the court decision.

Summary of Bill:  The United States government is asked to provide funds to compensate the state and private landowners for costs due to the federal court decision on treaty Indian shellfish rights.

Appropriation:  None.

Fiscal Note:  Not requested.

Testimony For:  None.

Testimony Against:  None.

Testified:  No one.

House Amendment(s):  The House added language to preserve private property rights; prevent takings; clarify, interpret or amend Indian treaties to prevent access to private lands without written permission and to state that all citizens have equal shellfish harvest rights on tidelands that are not Indian tribal reservations or federal lands set aside for tribal purposes.