S-3369.1  _______________________________________________

                         SENATE BILL 6248

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senator Swecker

Read first time 01/14/98.  Referred to Committee on Natural Resources & Parks.

Providing for termination of geoduck harvesting agreements.

    AN ACT Relating to geoduck harvesting agreements; and amending RCW 79.96.080.

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

    Sec. 1.  RCW 79.96.080 and 1990 c 163 s 4 are each amended to read as follows:

    (1) Geoducks shall be sold as valuable materials under the provisions of chapter 79.90 RCW.  After confirmation of the sale, the department of natural resources may enter into an agreement with the purchaser for the harvesting of geoducks.  The department of natural resources may place terms and conditions in the harvesting agreements as the department deems necessary.  The department of natural resources may enforce the provisions of any harvesting agreement by suspending or canceling the harvesting agreement or through any other means contained in the harvesting agreement.  Any geoduck harvester may terminate a harvesting agreement entered into pursuant to this subsection if actions of a governmental agency, beyond the control of the harvester, its agents, or its employees, prohibit harvesting, for a period exceeding a total of thirty days during the term of the harvesting agreement((, except as provided within the agreement)).  If the harvesting agreement provides for discrete, separate harvest periods for portions of the total harvest allowed, the harvester may terminate the agreement, for any separate harvest period, if government agency actions prohibit harvesting for a period exceeding a total of thirty days within that harvesting period.  Upon such termination of the agreement by the harvester, the harvester shall be reimbursed by the department of natural resources for the cost paid to the department on the agreement, less the value of the harvest already accomplished by the harvester under the agreement.

    (2) Harvesting agreements under this title for the purpose of harvesting geoducks shall require the harvester and the harvester's agent or representatives to comply with all applicable commercial diving safety standards and regulations promulgated and implemented by the federal occupational safety and health administration established under the federal occupational safety and health act of 1970 as such law exists or as hereafter amended (84 Stat. 1590 et seq.; 29 U.S.C. Sec. 651 et seq.):  PROVIDED, That for the purposes of this section and RCW 75.24.100 as now or hereafter amended, all persons who dive for geoducks are deemed to be employees as defined by the federal occupational safety and health act.  All harvesting agreements shall provide that failure to comply with these standards is cause for suspension or cancellation of the harvesting agreement:  PROVIDED FURTHER, That for the purposes of this subsection if the harvester contracts with another person or entity for the harvesting of geoducks, the harvesting agreement shall not be suspended or canceled if the harvester terminates its business relationship with such entity until compliance with this subsection is secured.

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