H-2128.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1939

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State of Washington              54th Legislature             1995 Regular Session

By House Committee on Natural Resources (originally sponsored by Representatives Fuhrman, Beeksma, Chappell, Smith, Campbell, Kremen, Cairnes, Buck, Thompson and Hargrove)

Read first time 02/28/95.

Requiring an appeal of the decision regarding tribal shellfish rights.

     AN ACT Relating to shellfish resources; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1.  The legislature finds that the people of the state of Washington have an interest in the repose and quiet enjoyment of private property, in access to recreational shellfish harvesting, and in commercial shellfish harvesting.  Because of the significance of the state's shellfish resources to the economy and culture of the state and because of the threat to the rights and expectations of the owners of private property caused by litigation over tribal assertions of rights to shellfish harvests, the legislature strongly encourages and supports the attorney general in taking an appeal to the United States Ninth Circuit Court of Appeals from the district court order in United States of America v. State of Washington, subproceeding 89-3.  The legislature further encourages the attorney general to request from the district court and the court of appeals, if necessary, a stay of the district court's decision until the appeal can be decided.  It is the further intent of the legislature to provide the resources necessary to support full prosecution of the appeal and any related proceedings.

NEW SECTION. Sec. 2.  The Washington state department of fish and wildlife, department of natural resources, and state parks and recreation commission are required to manage the state's shellfish resources consistent with management policies in place prior to the federal district court's decision of December 20, 1994, unless ordered to manage otherwise by a subsequent order of the federal district court.

NEW SECTION. Sec. 3.  The legislature directs the governor and the relevant executive branch agencies to request the appropriate agencies of the federal government that federally owned tidelands be made available for tribal shellfish harvest as part of a solution to this shellfish conflict.  The legislature encourages the other parties involved in the shellfish litigation to make the same request of the federal government.

NEW SECTION. Sec. 4.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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