BILL REQ. #:  S-3715.1 

Read first time 01/17/14.   Referred to Committee on Natural Resources & Parks.

     AN ACT Relating to genetically engineered finfish; amending RCW 77.125.020, 69.04.932, and 69.04.934; adding a new section to chapter 77.125 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that nature has provided little to the people of the Pacific Northwest with a greater cultural, ecological, and economic value as the native runs of wild salmon that nurse in our local waters and, after an unimaginable journey, return home to repeat the ageless cycle. Although the natural rhythm of the salmonid pulses without human intervention, choices made by the residents of Washington can have a dramatic effect on the continuance of the very species that has served as a cornerstone of northwest culture for countless generations.
     (2) The legislature further finds that the value of salmon exceeds culture, economy, and even the environment. Salmon, as a food source, represent a very need of human existence. So much so that an important and well-intended industry has taken to Washington waters and harnessed its clean, cool properties to raise salmon and other finfish in net pens.
     (3) The legislature further finds that, although great investments continue to be made in net pen technology to avoid escapes, the use of genetically modified finfish in net pens create an unacceptable risk to the native salmon of the Pacific Northwest; genetics that are developed specifically and irreplaceably for each individual run of salmon.

Sec. 2   RCW 77.125.020 and 2001 c 86 s 2 are each amended to read as follows:
     ((For the purposes of this chapter,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Genetically engineered" means any organism or organisms in which the genetic material of the organism or organisms has been changed through the application of in vitro nucleic acid techniques or the direct injection of nucleic acid into cells or organelles of the organism or organisms.
     (2) "Marine aquatic farming location" means a complete complex that may be composed of various marine enclosures, net pens, or other rearing vessels, food handling facilities, or other facilities related to the rearing of Atlantic salmon or other finfish in marine waters. A marine aquatic farming location is distinguished from the individual facilities that collectively compose the location.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.125 RCW to read as follows:
     (1) No person may produce genetically engineered finfish in state waters.
     (2) A violation of this section is a gross misdemeanor. Each instance of a genetically engineered salmonid being produced is an individual violation of this section.

Sec. 4   RCW 69.04.932 and 2013 c 290 s 3 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Commercially caught" means wild or hatchery-raised salmon harvested in the wild by commercial fishers. The term does not apply to farmed fish raised exclusively by private sector aquaculture.
     (2) "Food fish" means fresh or saltwater finfish and other forms of aquatic animal life other than crustaceans, mollusks, birds, and mammals where the animal life is intended for human consumption.
     (3) "Genetically engineered" has the same meaning as defined in RCW 77.125.020.
     (4) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in RCW 77.08.020, and includes:

Sec. 5   RCW 69.04.934 and 2013 c 290 s 5 are each amended to read as follows:
     (1) It is unlawful to knowingly sell or offer for sale at wholesale or retail any fresh, frozen, or processed salmon without identifying:
     (a) Private sector cultured aquatic salmon or salmon products as farm-raised salmon((, or identifying));
     (b) Commercially caught salmon or salmon products as commercially caught salmon; or
     (c) Genetically engineered salmon or salmon products as being genetically engineered.
     (2) Identification of the products under subsection (1) of this section must be made to the buyer at the point of sale such that the buyer can make an informed purchasing decision for his or her protection, health, and safety.
     (3) A violation of this section constitutes misbranding under RCW 69.04.938 and is punishable as a misdemeanor, gross misdemeanor, or felony depending on the fair market value of the fish or shellfish involved in the violation.
     (4) Subsection (1)(a) and (b) of this section does not apply to salmon that is minced, pulverized, coated with batter, or breaded.
     (5) This section does not apply to a commercial fisher properly licensed under chapter 77.65 RCW and lawfully engaged in the sale of fish to a fish buyer.
     (6) Nothing in this section precludes using additional descriptive language or trade names to describe food fish or shellfish as long as the labeling requirements of this section are met.