S-259                 _______________________________________________

                                                   SENATE BILL NO. 3061

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Rasmussen, Metcalf and Vognild

Read first time 1/15/85 and referred to Committee on Natural Resources.

AN ACT Relating to food fish; and amending RCW 75.08.080.

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

        Sec. 1.  Section 75.08.080, chapter 12, Laws of 1955 as last amended by section 15, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.080 are each amended to read as follows:

          (1) The director may adopt, amend, or repeal rules as follows:

          (a) Specifying the times when the taking of food fish or shellfish is lawful or unlawful.

          (b) Specifying the areas and waters in which the taking and possession of food fish or shellfish is lawful or unlawful.

          (c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take food fish or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed.

          (d) Regulating the possession, disposal, landing, and sale of food fish or shellfish within the state, whether acquired within or without the state.

          (e) Regulating the prevention and suppression of diseases and pests affecting food fish or shellfish.

          (f) Regulating the size, sex, species, and quantities of food fish or shellfish that may be taken, possessed, sold, or disposed of.

          (g) Specifying the statistical and biological reports required from fishermen, dealers, boathouses, or processors of food fish or shellfish.

           (h) Classifying species of marine and freshwater life as food fish or shellfish.

           (i) Classifying the species of food fish and shellfish that may be used for purposes other than human consumption.

           (j) Other rules necessary to carry out this title and the purposes and duties of the department.

          (2) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to:

(a) Licensed oyster farms or oysters produced thereon; or

(b) Private tideland owners and lessees of state tidelands, when they take or possess oysters, clams, cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use.

(3) Subsection (1) of this section notwithstanding, the department shall not prohibit the use of barbed hooks in the taking of or fishing for salmon.