SENATE BILL REPORT

SB 5158

BYSenator Owen

Establishing a mediation process to settle Indian tribal shellfish harvesting claims and regulating commercial shellfish harvesting.

Senate Committee on Natural Resources

Senate Hearing Date(s):January 28, 1987; February 16, 1987

Majority Report:  That Substitute Senate Bill No. 5158 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Owen, Chairman; Conner, Craswell, McDonald, Patterson, Stratton.

Senate Staff:Ross Antipa (786-7413)

                  February 16, 1987

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES, FEBRUARY 16, 1987

BACKGROUND:

Indian treaties signed in the 1850s granted shellfish harvesting rights to Washington's coastal and Puget Sound tribes.  The shellfish right language in the treaties has not been ruled on by the courts and is open to varying interpretations.  At issue is the ability of treaty Indians to take shellfish from state tidelands and private tidelands for commercial purposes.

There is also a concern over non-Indians commercially harvesting shellfish from state and private tidelands without being in compliance with the Fisheries Director's rules or contrary to private property rights.

There is a desire to improve the regulation of commercial shellfish harvesting.

SUMMARY:

A mediation process is established for the purpose of settlement of the Indian treaty claims for shellfish harvesting rights.  The Director of Fisheries shall contract with a mediation service to facilitate the negotiations.  A citizens advisory commission is created to assure public involvement in the negotiation.  The Department of Fisheries, Department of Natural Resources, Attorney General's office, Office of the Governor and the Chairman of the citizens advisory commission are parties to the negotiations.

Non-Indian commercial shellfish harvesters are required to purchase a license to harvest shellfish from state tidelands.  The fee is $50 for residents and $100 for nonresidents.  Persons commercially harvesting shellfish from private lands must have written permission from the owner, or be liable for triple damages.  The Department of Fisheries shall establish a 24-hour toll free hotline for shellfish harvesting concerns, and assign three fisheries patrol officers to enforce shellfish harvesting rules in Puget Sound and Hood Canal.

Appropriation:    $200,000 from the general fund

Fiscal Note:      none requested

EFFECT OF PROPOSED SUBSTITUTE:

The $200,000 appropriation from the general fund is deleted.  The section that requires a license of non-Indian commercial shellfish harvesters is removed.  State park land is removed from consideration for tribal commercial shellfish harvesting.

Senate Committee - Testified: Dennis Reynolds, private attorney; Gene Deschamps, Chehalis Indian Tribe; Cleve Pinnix, Department of Natural Resources; Steve Robinson, Northwest Indian Fish Comm.; Curt Smitch, Department of Fisheries; Bob Toebbe, shellfish grower; Dave McMillin, West Coast Clam Growers