CERTIFICATION OF ENROLLMENT

 

               FOURTH SUBSTITUTE SENATE BILL 5159

 

 

                   Chapter 222, Laws of 1996

 

 

                        54th Legislature

                      1996 Regular Session

 

 

              WARM WATER FISH ENHANCEMENT PROGRAM

 

 

EFFECTIVE DATE:  6/6/96 - Except sections 1, 2, and 4-6 which become effective on 7/1/96; section 3 which becomes effective on 1/1/97.

Passed by the Senate March 6, 1996

  YEAS 46   NAYS 0

 

 

 

            JOEL PRITCHARD

President of the Senate

 

Passed by the House March 5, 1996

  YEAS 95   NAYS 0

             CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is FOURTH SUBSTITUTE SENATE BILL 5159 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

             MARTY BROWN

                            Secretary

 

 

Approved March 28, 1996 Place Style On Codes above, and Style Off Codes below. 

                                FILED          

 

 

           March 28, 1996 - 4:57 p.m.

 

 

 

              MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                FOURTH SUBSTITUTE SENATE BILL 5159

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 1996 Regular Session

 

State of Washington      54th Legislature     1996 Regular Session

 

By Senate Committee on Ways & Means (originally sponsored by Senators Owen, Oke, Haugen and Hochstatter)

 

Read first time 02/06/96.

 

Creating the warm water game fish enhancement program. 


    AN ACT Relating to a warm water game fish enhancement program; adding a new chapter to Title 77 RCW; creating a new section; and providing effective dates.

 

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

 

    NEW SECTION.  Sec. 1.  A warm water game fish enhancement program is created in the department to be funded from the sale of a warm water game fish surcharge.  The enhancement program shall be designed to increase the opportunities to fish for and catch warm water game fish including:  Largemouth black bass, smallmouth black bass, channel catfish, black crappie, white crappie, walleye, and tiger musky.  The program shall be designed to use a practical applied approach to increasing warm water fishing.  The department shall use the funds available efficiently to assure the greatest increase in the fishing for warm water fish at the lowest cost.  This approach shall involve the minimization of overhead and administrative costs and the maximization of productive in-the-field activities.

 

    NEW SECTION.  Sec. 2.  Unless the context clearly requires otherwise, as used in this chapter, "warm water game fish" includes the following species:  Bass, channel catfish, walleye, crappie, and other species as defined by the department.

 

    NEW SECTION.  Sec. 3.  (1) A warm water game fish surcharge allows a person to fish throughout the state for warm water game fish.

    (2) The annual fee for a game fish surcharge is five dollars and the surcharge is required in addition to an annual game fishing license, except for those persons under fifteen years of age for which there is no charge.  Holders of three-day resident fishing licenses, three-day nonresident fishing licenses, and nonresident annual fishing licenses shall pay a five-dollar surcharge to fish for warm water fish.

    (3) The department shall use the most cost-effective format in designing and administering the warm water game fish surcharge.

    (4)   A warm water game fish surcharge shall only be required to fish for:  Largemouth bass, smallmouth bass, walleye, black crappie, white crappie, channel catfish, and tiger musky.

 

    NEW SECTION.  Sec. 4.  The goals of the warm water game fish enhancement program are to improve the fishing for warm water game fish using cost-effective management.  Development of new ponds and lakes shall be an important and integral part of the program.  The department shall work with the department of natural resources to coordinate the reclamation of surface mines and the development of warm water game fish ponds.  Improvement of warm water fishing shall be coordinated with the protection and conservation of cold water fish populations.  This shall be accomplished by carefully designing the warm water projects to have minimal adverse effects upon the cold water fish populations.  New pond and lake development should have beneficial effects upon wildlife due to the increase in lacustrine and wetland habitat that will accompany the improvement of warm water fish habitat.  The department shall not develop projects that will increase the populations of undesirable or deleterious fish species such as carp, squawfish, walking catfish, and others.

    Fish culture programs shall be used in conditions where they will prove to be cost-effective, and may include the purchase of warm water fish from aquatic farmers defined in RCW 15.85.020.  Consideration should be made for development of urban area enhancement of fishing opportunity for put-and-take species, such as channel catfish, that are amenable to production by low-cost fish culture methods.  Fish culture shall also be used for stocking of high value species, such as walleye, smallmouth bass, and tiger musky.  Introduction of special genetic strains that show high potential for recreational fishing improvement, including Florida strain largemouth bass and striped bass, shall be considered.

    Transplantation and introduction of exotic warm water fish shall be carefully reviewed to assure that adverse effects to native fish and wildlife populations do not occur.  This review shall include an analysis of consequences from disease and parasite introduction.

    Population management through the use of fish toxicants, including rotenone or derris root, shall be an integral part of the warm water game fish enhancement program.  However, any use of fish toxicants shall be subject to a thorough review to prevent adverse effects to cold water fish, desirable warm water fish, and other biota.  Eradication of deleterious fish species shall be a goal of the program.

    Habitat improvement shall be a major aspect of the warm water game fish enhancement program.  Habitat improvement opportunities shall be defined with scientific investigations, field surveys, and by using the extensive experience of other state management entities.  Installation of cover, structure, water flow control structures, screens, spawning substrate, vegetation control, and other management techniques shall be fully used.  The department shall work to gain access to privately owned waters that can be developed with habitat improvements to improve the warm water resource for public fishing.

    The department shall use the resources of cooperative groups to assist in the planning and implementation of the warm water game fish enhancement program.  In the development of the program the department shall actively involve the organized fishing clubs that primarily fish for warm water fish.  The warm water fish enhancement program shall be cooperative between the department and private landowners; private landowners shall not be required to alter the uses of their private property to fulfill the purposes of the warm water fish enhancement program.  The director shall not impose restrictions on the use of private property, or take private property, for the purpose of the warm water fish enhancement program.

 

    NEW SECTION.  Sec. 5.  The warm water game fish account is hereby created in the state wildlife fund.  Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the warm water game fish enhancement program, including the development of warm water pond and lake habitat, culture of warm water game fish, improvement of warm water fish habitat, management of warm water fish populations, and other practical activities that will improve the fishing for warm water fish.  Funds from the warm water game fish surcharge shall not serve as replacement funding for department-operated warm water fish projects existing on December 31, 1994.  Funds from the warm water game fish account shall not be used for the operation or construction of the warm water fish culture project at Ringold unless specifically authorized by legislation.

    Funds from the sale of the warm water game fish surcharges shall be deposited in the warm water game fish account.

 

    NEW SECTION.  Sec. 6.  The department of fish and wildlife shall provide to the natural resource committees of the legislature an operational and management plan for the Ringold warm water fish culture project on or before December 31, 1996.

 

    NEW SECTION.  Sec. 7.  Sections 1 through 5 of this act shall constitute a new chapter in Title 77 RCW.

 

    NEW SECTION.  Sec. 8.  (1) Sections 1, 2, and 4 through 6 of this act shall take effect July 1, 1996.

    (2) Section 3 of this act shall take effect January 1, 1997.


    Passed the Senate March 6, 1996.

    Passed the House March 5, 1996.

Approved by the Governor March 28, 1996.

    Filed in Office of Secretary of State March 28, 1996.