BILL REQ. #:  H-0974.2 

Read first time 02/19/09.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to commercial salmon fishing gear; amending RCW 77.04.012, 77.50.030, and 77.50.050; creating a new section; and repealing RCW 77.50.110 and 77.50.120.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that the state has a vital interest in the recovery of wild, depressed, and endangered salmon and steelhead populations, and recognizes the need to manage commercial and recreational fisheries consistent with efforts to protect and recover wild salmon and steelhead. The department's management of harvest has a key role in leveraging record salmon recovery investments to protect and restore habitat, improve hatcheries, and make hydroelectric operations more fish friendly.
     (2)(a) The legislature further finds that due to the widespread external marking of hatchery produced salmon it is possible to differentiate between marked hatchery fish and unmarked wild fish. Independent, congressionally chartered, scientific reviews have identified an urgent need to reduce the negative impacts of excess returning hatchery salmon through the selective harvest of marked hatchery fish while protecting wild salmon stocks needed for recovery. In mixed stock fisheries, these selective methods must be capable of catching and releasing wild, depressed, and endangered salmon stocks unharmed so they can reach the spawning grounds.
     (b) The legislature reaffirms that the department of fish and wildlife's management of the state's fish and wildlife resources should be based on long-term sustainability, recovery of wild endangered stocks, and the best available science for sound management practices. The federal endangered species act also requires that the state's management of hatcheries and harvest does not jeopardize the health of listed wild salmon or steelhead species.
     (3) The legislature further finds that an urgent need exists for the department of fish and wildlife to evaluate and recommend alternative types of salmon fishing gear that will minimize the impact of fishing on wild, depressed, and endangered salmon and steelhead populations. Although current state law directs the department of fish and wildlife to evaluate and implement these alternative gear types, little progress has been made to make critically needed advances. Many forms of these gear types have been used successfully for hundreds of years and at least one of these methods is currently being used by the Colville tribe in the upper Columbia river.
     (4) It is the intent of this act to reaffirm the legislature's support for opportunities to optimize the economic benefits resulting from fishing in the state while protecting and recovering wild, depressed, and endangered salmon populations. By selectively harvesting marked hatchery salmon and avoiding the harvest of unmarked wild salmon, commercial and recreational fishers will have greater access to plentiful surplus hatchery fish under federal endangered species act requirements. This will result in increased economic activity in rural areas, new markets for tourism, and the preservation of an iconic species for the enjoyment of future generations.

Sec. 2   RCW 77.04.012 and 2000 c 107 s 2 are each amended to read as follows:
     Wildlife, fish, and shellfish are the property of the state. The commission, director, and the department shall preserve, protect, perpetuate, and manage the wildlife and food fish, game fish, and shellfish in state waters and offshore waters.
     The department shall conserve the wildlife and food fish, game fish, and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to ((maintain the economic well-being and stability of the fishing industry in the state)) optimize the economic benefits resulting from fishing in the state. The department shall promote orderly and sustainable fisheries ((and shall enhance and improve recreational and commercial)) with the goal of enhancing and improving opportunities for fishing in this state.
     The commission may authorize the taking of wildlife, food fish, game fish, and shellfish only at times or places, or in manners or quantities, as in the judgment of the commission does not impair the ((supply)) long-term sustainability of these resources.
     The commission shall attempt to maximize the public recreational game fishing and hunting opportunities of all citizens, including juveniles, ((disabled)) individuals with disabilities, and senior citizens.
     Recognizing that the management of our state wildlife, food fish, game fish, and shellfish resources depends heavily on the assistance of volunteers, the department shall work cooperatively with volunteer groups and individuals to achieve the goals of this title to the greatest extent possible.
     Nothing in this title shall be construed to infringe on the right of a private property owner to control the owner's private property.

Sec. 3   RCW 77.50.030 and 2001 c 163 s 2 are each amended to read as follows:
     (1) A person shall not use, operate, or maintain a gill net which exceeds one thousand five hundred feet in length ((or a drag seine)) in the waters of the Columbia river for catching salmon.
     (2) ((A person shall not construct, install, use, operate, or maintain within state waters)) The department may authorize the use of a pound net, round haul net, lampara net, fish trap, fish wheel, scow fish wheel, set net, weir, seine, or fixed appliance for ((catching salmon or steelhead except under the authority of a trial or experimental fishery permit, when an emerging commercial fishery has been designated allowing use of one or more of these gear types. The director must consult with the commercial fishing interests that would be affected by the trial or experimental fishery permit)) the purpose of catching salmon in commercial, experimental, or test fisheries in state waters. In evaluating, implementing, and adopting rules for the use of this gear, the department shall recognize and optimize the use of gear designed to minimize the lethality of commercial salmon fishing to nontarget, endangered, and depressed wild stocks of salmonids and other species through the avoidance of or live capture, sorting, and release of these species with minimal mortality. The director may also authorize the use of this gear for scientific investigations.
     (3) The department, in coordination with the Oregon department of fish and wildlife, shall adopt rules to regulate the use of monofilament in gill net webbing on the Columbia river.
     (4) Not later than one year after the effective date of this section, the department shall provide a report to the legislature and the governor outlining a schedule, not to exceed five years, for transitioning to the exclusive use of commercial salmon fishing gear designed to minimize the lethality of commercial salmon fishing to nontarget, endangered, and depressed wild stocks of salmonids and other species through the avoidance of or live capture, sorting, and release of these species with minimal mortality.

Sec. 4   RCW 77.50.050 and 1998 c 190 s 79 are each amended to read as follows:
     The ((commission shall not authorize)) use of reef net fishing gear ((except in)) may be authorized by the commission in the reef net areas described in this section. The commission may also authorize the use of reef net fishing gear in other areas if the gear is designed to minimize the lethality of commercial salmon fishing on endangered and depressed wild salmonids and nontarget species in mixed stock fisheries.
     (1) Point Roberts reef net fishing area includes those waters within 250 feet on each side of a line projected 129° true from a point at longitude 123° 01' 15" W. latitude 48° 58' 38" N. to a point one mile distant, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6300, published September, 1941, in Washington, D.C., eleventh edition.
     (2) Cherry Point reef net fishing area includes those waters inland and inside the 10-fathom line between lines projected 205° true from points on the mainland at longitude 122° 44' 54" latitude 48° 51' 48" and longitude 122° 44' 18" latitude 48° 51' 33", ((a [as])) as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (3) Lummi Island reef net fishing area includes those waters inland and inside a line projected from Village Point 208° true to a point 900 yards distant, thence 129° true to the point of intersection with a line projected 259° true from the shore of Lummi Island 122° 40' 42" latitude 48° 41' 32", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition, revised 11-25-57, save and except that there shall be excluded therefrom all waters lying inside of a line projected 259° true from a point at 122° 40' 42" latitude 48° 41' 32" to a point 300 yards distant from high tide, thence in a northerly direction to the United States Coast and Geodetic Survey reference mark number 2, 1941-1950, located on that point on Lummi Island known as Lovers Point, as such descriptions are shown upon the United States Coast and Geodetic Survey map number 6380 as aforesaid. The term "Village Point" as used herein shall be construed to mean a point of location on Village Point, Lummi Island, at the mean high tide line on a true bearing of 43° 53' a distance of 457 feet to the center of the chimney of a wood frame house on the east side of the county road. Said chimney and house being described as Village Point Chimney on page 612 of the United States Coast and Geodetic Survey list of geographic positions No. G-5455, Rosario Strait.
     (4) Sinclair Island reef net fishing area includes those waters inland and inside a line projected from the northern point of Sinclair Island to Boulder reef, thence 200° true to the northwesterly point of Sinclair Island, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (5) Flat Point reef net fishing area includes those waters within a radius of 175 feet of a point off Lopez Island located at longitude 122° 55' 24" latitude 48° 32' 33", as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (6) Lopez Island reef net fishing area includes those waters within 400 yards of shore between lines projected true west from points on the shore of Lopez Island at longitude 122° 55' 04" latitude 48° 31' 59" and longitude 122° 55' 54" latitude 48° 30' 55", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (7) Iceberg Point reef net fishing area includes those waters inland and inside a line projected from Davis Point on Lopez Island to the west point of Long Island, thence to the southern point of Hall Island, thence to the eastern point at the entrance to Jones Bay, and thence to the southern point at the entrance to Mackaye Harbor on Lopez Island; and those waters inland and inside a line projected 320° from Iceberg Point light on Lopez Island, a distance of 400 feet, thence easterly to the point on Lopez Island at longitude 122° 53' 00" latitude 48° 25' 39", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (8) Aleck Bay reef net fishing area includes those waters inland and inside a line projected from the southwestern point at the entrance to Aleck Bay on Lopez Island at longitude 122° 51' 11" latitude 48° 25' 14" southeasterly 800 yards to the submerged rock shown on U.S.G.S. map number 6380, thence northerly to the cove on Lopez Island at longitude 122° 50' 49" latitude 48° 25' 42", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (9) Shaw Island reef net fishing area number 1 includes those waters within 300 yards of shore between lines projected true south from points on Shaw Island at longitude 122° 56' 14" latitude 48° 33' 28" and longitude 122° 57' 29" latitude 48° 32' 58", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (10) Shaw Island reef net fishing area number 2 includes those waters inland and inside a line projected from Point George on Shaw Island to the westerly point of Neck Point on Shaw Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (11) Stuart Island reef net fishing area number 1 includes those waters within 600 feet of the shore of Stuart Island between lines projected true east from points at longitude 123° 10' 47" latitude 48° 39' 47" and longitude 123° 10' 47" latitude 48° 39' 33", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (12) Stuart Island reef net fishing area number 2 includes those waters within 250 feet of Gossip Island, also known as Happy Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (13) Johns Island reef net fishing area includes those waters inland and inside a line projected from the eastern point of Johns Island to the northwestern point of Little Cactus Island, thence northwesterly to a point on Johns Island at longitude 123° 09' 24" latitude 48° 39' 59", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (14) Battleship Island reef net fishing area includes those waters lying within 350 feet of Battleship Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (15) Open Bay reef net fishing area includes those waters lying within 150 feet of shore between lines projected true east from a point on Henry Island at longitude 123° 11' 34 1/2" latitude 48° 35' 27 1/2" at a point 250 feet south, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (16) Mitchell Reef net fishing area includes those waters within a line beginning at the rock shown on U.S.G.S. map number 6380 at longitude 123° 10' 56" latitude 48° 34' 49 1/2", and projected 50 feet northwesterly, thence southwesterly 250 feet, thence southeasterly 300 feet, thence northeasterly 250 feet, thence to the point of beginning, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (17) Smugglers Cove reef fishing area includes those waters within 200 feet of shore between lines projected true west from points on the shore of San Juan Island at longitude 123° 10' 29" latitude 48° 33' 50" and longitude 123° 10' 31" latitude 48° 33' 45", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (18) Andrews Bay reef net fishing area includes those waters lying within 300 feet of the shore of San Juan Island between a line projected true south from a point at the northern entrance of Andrews Bay at longitude 123° 09' 53 1/2" latitude 48° 33' 00" and the cable crossing sign in Andrews Bay, at longitude 123° 09' 45" latitude 48° 33' 04", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
     (19) Orcas Island reef net fishing area includes those waters inland and inside a line projected true west a distance of 1,000 yards from the shore of Orcas Island at longitude 122° 57' 40" latitude 48° 41' 06" thence northeasterly to a point 500 feet true west of Point Doughty, then true east to Point Doughty, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.

NEW SECTION.  Sec. 5   The following acts or parts of acts are each repealed:
     (1) RCW 77.50.110 (Commercial salmon fishing -- Unauthorized gear) and 1998 c 190 s 84, 1996 c 267 s 24, 1983 1st ex.s. c 46 s 69, & 1969 ex.s. c 23 s 1; and
     (2) RCW 77.50.120 (Maintaining consistent salmon harvest levels) and 2001 c 163 s 1.