SENATE BILL REPORT

SB 5828

BYSenators Stratton, McDonald, Patterson, Owen, Barr and Moore

Providing for private ownership of salmon enhancement facilities.

Senate Committee on Natural Resources

Senate Hearing Date(s):February 26, 1987

Senate Staff:Vic Moon (786-7469)

AS OF FEBRUARY 25, 1987

BACKGROUND:

Private ownership of salmon release-recapture rearing facilities is not authorized in the state of Washington.  Proponents of private facilities believe that such programs will provide salmon stocks both to the private facility and also would be a benefit to both the sports and commercial salmon fisheries in the state of Washington.  California and Oregon have private salmon release-recapture facilities.

SUMMARY:

The Legislature finds that commercial and sports salmon industries of the state are essential to the state's economic well-being and that salmon runs may be increased by allowing private industry to own, finance and operate salmon release-recapture facilities.  To help increase the likelihood of success for such private operations, it is desirable that the permits are authorized to entities which have available financial resources and technical expertise.  All salmon propagated and released into waterways over which the state or federal government exercise control shall remain, until capture, public and common property.  No private person shall have any proprietary interest in fish released into any waterway.

The presence of privately reared salmon in any of the waters of the state shall in no way curtail the Department of Fisheries regulatory authority to regulate salmon harvest by sport and commercial fisheries.

Not more than two permits shall be issued by the Department to any corporation directly or indirectly.  Each permit for salmon release-recapture facilities shall require the start of construction and initial operation shall be within 24 months of the date of issuing the permit.  All sites shall be at locations which are subject to tidal influence and permits shall be written so that at least 50 percent by weight of the salmon to be released shall either be Chinook or Coho salmon.

The application for a permit to construct or operate a facility must include an application fee of $1,000 to cover the costs of the required hearing and original site investigation conducted by the Department.  The application must be accompanied by a draft environmental impact statement.  Permits shall be issued on basis of the following criteria and any additional criteria the Department may feel to be relevant to ensure successful operations:  (1) availability to the applicant of the financing needed to carry out the operation; (2) availability of technical expertise needed to carry out the operation.

Six years after the date of the first release of salmon from a private facility the Department shall submit to the Legislature a evaluation of the operations.  The evaluation shall include the impact on sports and commercial salmon fisheries and recommendations on whether or not the number of permits to be issued should be increased.

Permits may be transferred to another permittee wishing to utilize the same site without necessarily complying again with all of the requirements of the act.  Permits may be revoked by the Department if it appears certain from all information available that the permittee no longer intends to use the permit.  If a permit has been revoked for any reason or it has been relinquished, the Department may issue another permit to a different applicant at the same site without complying with all of the provisions relating to the application fee and the environmental impact statement.

Prior to the issuance of any permit, the public hearing shall be held by the Department in the county in which the proposed site is to be located.

No permit will be issued which would tend to deplete any natural run of anadromous fish or any population of resident game fish, or it is not consistent with sound resource management and is not in close proximity to marine waters.  Permit may not be issued if the applicant has not complied with all other applicable state laws and has received all other permits or licenses which may be required. 

The following conditions shall be included in each permit: (1) all fish will be identified by marking or tagging, if required by the Department; (2) all egg transfers or sales are subject to examination of a qualified pathologist approved by the Department; (3) no eggs shall be transferred or released without written approval of the Department.  The Department may require the permittee to deliver all fish returning to the stream to an inspection area to examine the fish for purposes of identifying propagated fish.  The permittee may be authorized by the Department to construct and operate a weir or fish-ladder type trap or a seine type net to capture returning salmon previously released by the permittee.

 The permittee shall have the privilege to take salmon for commercial purposes only those fish which the Department determines were propagated by the permittee and the Department's decision in this matter is final.  It is unlawful for the permittee to conduct any activity not authorized by the permit or to fail to conduct activities which are required by the permit without approval of the Department of Fisheries.  All permittees are required to submit quarterly reports of records and shall pay all costs incurred by the Department during inspection of the operation of the facility.  The Department shall reserve the right to stipulate what the species of stock and the time and size of the release.  Failure to comply with any condition of a permit may result in revocation of the permit by the Department.

If the Department finds that the operation is not in the best public interest or has adverse effects upon the fish resources of the state, the Department may alter the conditions of the permit to mitigate such adverse effects or cause an orderly termination of the operation under the permit.  Proceedings for such alteration or termination are to be conducted in compliance with Chapter 34.04 RCW.  Orderly termination shall not exceed a four-year period and shall culminate in the revocation of the permit in its entirety.  If the Department finds the operation has caused deterioration to a natural run of salmon, it shall require the permittee to return the fish population to the same condition that existed prior to the issuance of the permit.

Fish released under this act are to be considered public property of the state and may be taken under angling or commercial fishing laws of the state.  Nothing in the act is intended to give the permittee any equity in any of the waters or fish of the state of Washington.  The act affects no other provisions of Chapter 75 RCW.

There is a severability clause.

Fiscal Note:      requested