SENATE BILL REPORT

SB 5050

BYSenators Vognild, Metcalf, Owen, Peterson and Rasmussen

Revising provisions relating to commercial salmon fishing.

Senate Committee on Natural Resources

Senate Hearing Date(s):January 21, 1987; February 11, 1987

Majority Report:  Do pass.

      Signed by Senators DeJarnatt, Vice Chairman; Barr, Craswell, McDonald, Metcalf, Patterson.

Senate Staff:Vic Moon (786-7469)

                  February 26, 1987

AS PASSED SENATE, FEBRUARY 26, 1987

BACKGROUND:

The division of salmon catch in Washington State is mandated by the federal court to be one-half to tribal fishermen and one-half to non-Indian fishermen with the areas delineated by the Boldt and Belloni court cases.

There is concern that there are some tribal fishermen who are licensed to fish as non-Indian fishermen who are catching salmon and the salmon is being reported as a non-Indian catch.  This practice can disrupt the proper sharing of the salmon catch as required by the federal courts.

SUMMARY:

The Legislature finds that:  (1) the proper allocation of salmon between Indian and non-Indian fishermen is compromised by some individuals who fish in both Indian fisheries and non-Indian fisheries; (2) individuals who fish both seasons are competing unfairly against Indian tribal fishermen and non-Indian fishermen who restrict fishing activities to their respective seasons; (3) some individuals are gaining an unfair competitive advantage by fishing in both Indian and non-Indian seasons.

The Department of Fisheries shall issue commercial salmon fishing licenses or additional operators' licenses only to fishermen who are not authorized to fish by Indian tribal authorities.  Applicants for a Department of Fisheries commercial salmon fishing license must submit a notarized declaration on whether or not they have been granted the privilege to fish as an Indian tribal salmon fisherman.

Fish buyers, wholesale dealers and branch plants must report salmon catch attributed to non-Indian and Indian tribal fishermen separately and accurately.  Failure to accurately report the catch from Indian or non-Indian fishermen shall result in a five-year revocation of the license of the buyer, dealer or branch plant.

A severability clause is included.

Fiscal Note:      none requested

Effective Date:January 1, 1988

Senate Committee - Testified: Toimi Maki, Grays Harbor Gillnetters; Paul Savidge, Fisheries Action Coalition; Robert Zuamich, Purse Seine Vessels Owners Association; Curt Smith, Department of Fisheries; Steve Arbaugh, Puget Sound Gillnetters Association; Don Sobjack, Puget Sound Gillnetters Association