AN ACT Relating to
conspicuous external marking of hatchery produced chinook salmon and coho
salmon; amending RCW 82.27.010; adding new sections to Title 75 RCW; and
creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec.
1. The legislature declares
that the state has a vital interest in the continuation of recreational
fisheries for chinook salmon and coho salmon in mixed stock areas, and that the
harvest of hatchery origin salmon should be encouraged while wild salmon should
be afforded additional protection when required. A program of selective
harvest shall be developed utilizing hatchery salmon that are externally marked
in a conspicuous manner, regulations that promote the unharmed release of
unmarked fish, when and where appropriate, and a public information program
that educates the public about the need to protect depressed stocks of wild
salmon.
The legislature further
declares that the establishment of other incentives for commercial fishing and
fish processing in Washington will complement the program of selective harvest
in mixed stock fisheries anticipated by this legislation.
NEW SECTION. Sec.
2. The department shall mark
appropriate coho salmon that are released from department operated hatcheries
and rearing ponds in such a manner that the fish are externally recognizable as
hatchery origin salmon by fishers for the purpose of maximized catch while
sustaining wild and hatchery reproduction.
The department shall
mark all appropriate chinook salmon targeted for contribution to the Washington
catch that are released from department operated hatcheries and rearing ponds
in such a manner that the fish are externally recognizable as hatchery origin
salmon by fishers.
The goal of the marking
program is the annual marking by June 30, 1997, of all appropriate hatchery
origin chinook and coho salmon produced by the department with marking to begin
with the 1994 Puget Sound coho brood. The department may experiment with
different methods for marking hatchery salmon with the primary objective of
maximum survival of hatchery marked fish, maximum contribution to fisheries,
and minimum cost consistent with the other goals.
The department shall
coordinate with other entities that are producing hatchery chinook and coho
salmon for release into public waters to enable the broadest application of the
marking program to all hatchery produced chinook and coho salmon. The ultimate
goal of the program is the coast-wide marking of appropriate hatchery origin
chinook and coho salmon, and the protection of all wild chinook and coho
salmon, where appropriate.
NEW SECTION. Sec.
3. The department shall
adopt rules to control the mixed stock chinook and coho fisheries of the state
so as to sustain healthy stocks of wild salmon, allow the maximum survival of
wild salmon, allow for spatially separated fisheries that target on hatchery
stocks, foster the best techniques for releasing wild chinook and coho salmon,
and contribute to the economic viability of the fishing businesses of the
state.
Sec. 4. RCW 82.27.010 and 1985 c
413 s 1 are each amended to read as follows:
As used in this
chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Enhanced food
fish" includes all species of food fish, except all species of tuna,
mackerel, and jack; shellfish((,)); and anadromous game fish,
including byproducts and parts thereof, originating within the territorial and
adjacent waters of Washington and salmon originating from within the
territorial and adjacent waters of Oregon, Washington, and British Columbia, and
all troll-caught Chinook salmon originating from within the territorial and
adjacent waters of southeast Alaska. As used in this subsection,
"adjacent" waters of Oregon, Washington, and Alaska are those
comprising the United States fish conservation zone; "adjacent"
waters of British Columbia are those comprising the Canadian two hundred mile
exclusive economic zone; and "southeast Alaska" means that portion of
Alaska south and east of Cape Suckling to the Canadian border. For purposes of
this chapter, point of origination is established by a document which
identifies the product and state or province in which it originates, including,
but not limited to fish tickets, bills of lading, invoices, or other
documentation required to be kept by governmental agencies.
(2)
"Commercial" means related to or connected with buying, selling,
bartering, or processing.
(3)
"Possession" means the control of enhanced food fish by the owner and
includes both actual and constructive possession. Constructive possession occurs
when the person has legal ownership but not actual possession of the enhanced
food fish.
(4) "Anadromous
game fish" means steelhead trout and anadromous cutthroat trout and Dolly
Varden char and includes byproducts and also parts of anadromous game fish,
whether fresh, frozen, canned, or otherwise.
(5) "Landed"
means the act of physically placing enhanced food fish (a) on a tender in the
territorial waters of Washington; or (b) on any land within or without the
state of Washington including wharves, piers, or any such extensions therefrom.
NEW SECTION. Sec.
5. If specific funding for
the purposes of this act, referencing this act by bill number, is not provided
by June 30, 1995, in the omnibus appropriations act, this act shall be null and
void.
NEW SECTION. Sec.
6. Sections 1 through 3 of
this act are each added to Title 75 RCW.
