H-1723.2  _______________________________________________

                          HOUSE BILL 1939

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Fuhrman, Beeksma, Chappell, Smith, Campbell, Kremen, Cairnes, Buck, Thompson and Hargrove

Read first time 02/15/95.  Referred to Committee on Natural Resources.

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.  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 attorney general is directed to:  (1) Appeal the district court's decision in United States of America v. State of Washington, Western District of Washington, No. 9213, to the United States Ninth Circuit Court of Appeals; and

    (2) 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.

NEW SECTION. Sec. 2.  During the pendency of the appeal referred to in section 1 of this act, the Washington state department of fish and wildlife, department of natural resources, and state parks and recreation commission are required to:

    (1) Manage the state's shellfish resources without regard to the claims made by the tribes that brought the litigation referred to in section 1 of this act and without regard to the district court's decision;

    (2) Enter into no agreements or agreed plans on shellfish harvesting or fishing plans with the tribes that have sued the state in the case referred to in section 1 of this act; and

    (3) Refuse to negotiate with the tribes that have sued the state in the case referred to in section 1 of this act, until an appeal has ended.

NEW SECTION. Sec. 3.  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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