S-3688.2 _______________________________________________
SENATE BILL 6343
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State of Washington 55th Legislature 1998 Regular Session
By Senators Snyder, Swecker, Spanel and Rasmussen
Read first time 01/15/98. Referred to Committee on Natural Resources & Parks.
AN ACT Relating to the prevention of wastage of viable salmon and trout eggs; adding a new section to chapter 75.50 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 75.50 RCW to read as follows:
The department shall not kill, waste, discard, bury, or otherwise cause salmon or trout eggs, alevins, fry, fingerlings, smolts, catchables, jacks, adults, or any other life stages of a trout or salmon to be utilized in a manner that will not result in restoring or enhancing the salmon or trout resource unless the following conditions are met:
(1) A serious communicable fish disease has been diagnosed in the relevant fish population and a recognized state/tribal fish health committee has unanimously agreed that destruction of the fish population is warranted;
(2) The director determines that individual fish in question are in a terminal condition; or
(3) The director provides a written explanation, on a case-by-case basis, of the situation requiring killing, wasting, discarding, burying, or conditions otherwise causing the fish not to be suitable for fish enhancement or restoration purposes, to the fish and wildlife commission for its consideration for approval. The written explanation must be jointly approved by the fish and wildlife commission and those tribal comanagers who would be affected by the proposed action. The commission shall allow ample opportunity to the public to comment upon the proposed action prior to final determination.
The fish and wildlife commission shall notify the appropriate senate and house of representatives legislative committees and the governor's office of any proposed action to kill, waste, discard, bury, or otherwise cause salmon or trout eggs, alevins, fry, fingerlings, smolts, catchables, jacks, or adults to be used in a manner that does not result in resource enhancement or restoration. This notification must occur at least one month prior to the proposed action.
It is unlawful for any department employee, any person involved in a department-authorized cooperative project, or any person involved in a regional fisheries enhancement group, to cause the killing, wasting, discarding, burying, or otherwise cause any life-form of salmon or trout to be utilized in a manner that does not result in fish resource enhancement or restoration. A violation of this section is a gross misdemeanor.
This section does not apply to fisheries authorized by the fish and wildlife commission.
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