H‑0549.1   _____________________________________________

HOUSE BILL 1286

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Lisk, Grant, Sump, Cox, Doumit, G. Chandler, Mulliken, Mielke, Clements, Lambert, Hankins, Pflug, Dunn, B. Chandler, Buck, Cairnes, Pennington, Boldt, Hatfield, Delvin, Armstrong, Skinner, Alexander, Kessler, Pearson, D. Schmidt, Anderson, Rockefeller and Esser

Read first time 01/23/2001.  Referred to Committee on Natural Resources.

_1      AN ACT Relating to the use of viable salmon eggs; amending RCW

_2  77.95.210 and 77.95.270; and declaring an emergency.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 77.95.210 and 2000 c 107 s 11 are each amended to read

_5  as follows:

_6      (1) Except as provided in subsection (2) of this section, the

_7  department may supply, at a reasonable charge, surplus salmon eggs

_8  to a person for use in the cultivation of salmon.  The department

_9  shall not intentionally create a surplus of salmon to provide eggs

10  for sale.  The department shall only sell salmon eggs from stocks

11  that are not suitable for salmon population rehabilitation or

12  enhancement in state waters in Washington.

13      (2) The department shall not destroy hatchery origin salmon for

14  the purposes of destroying viable eggs that would otherwise be

15  useful for propagation or salmon recovery purposes, as determined

16  by the department or federally approved tribes in Washington, for

17  replenishing fish runs.  Eggs deemed surplus by the state must be

18  provided, in the following order of priority, to:

                               p. 1                       HB 1286

_1      (a) Hatcheries of federally approved tribes in Washington to

_2  whom eggs are moved, not sold, under the interlocal cooperation

_3  act, chapter 39.34 RCW;

_4      (b) Voluntary cooperative salmon culture programs under the

_5  supervision of the department under chapter 77.100 RCW;

_6      (c) Regional fisheries enhancement group salmon culture

_7  programs under supervision of the department under this chapter;

_8      (d) Governmental hatcheries in Washington, Oregon, and Idaho;

_9      (e) Salmon culture programs requested by lead entities and

10  approved by the salmon funding recovery board under chapter 77.85

11  RCW.

12      (3) All sales or transfers shall be consistent with the

13  department's egg transfer and aquaculture disease control

14  regulations as now existing or hereafter amended.  Prior to

15  department determination that eggs of a salmon stock are surplus

16  and available for sale, the department shall assess the

17  productivity of each watershed that is suitable for receiving

18  eggs.

19      Sec. 2.  RCW 77.95.270 and 1989 c 336 s 6 are each amended to read

20  as follows:

21      Except as provided in RCW 77.95.210, the department may make

22  available to private contractors salmon eggs in excess of

23  department hatchery needs for the purpose of contract rearing to

24  release the smolts into public waters.  However, providing salmon

25  eggs as specified in RCW 77.95.210(2) has the highest priority.

26  The priority of providing eggs surplus after meeting the

27  requirements of RCW 77.95.210(2) to contract rearing ((shall be))

28  is a higher priority than providing eggs to aquaculture purposes

29  ((which)) that are not destined for release into Washington public

30  waters.

31      NEW SECTION. Sec. 3.  This act is necessary for the immediate

32  preservation of the public peace, health, or safety, or support of

33  the state government and its existing public institutions, and

34  takes effect immediately.

‑‑‑ END ‑‑‑

HB 1286                        p. 2