H-341                _______________________________________________

                                                     HOUSE BILL NO. 59

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Haugen, S. Wilson and Amondson

Read first time 1/15/87 and referred to Committee on Natural Resources.

AN ACT Relating to the incidental harvest of steelhead; and amending RCW 75.08.080 and 77.12.040.

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 17, chapter 457, Laws of 1985 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) In consultation with the game commission, allowing for the incidental harvest of steelhead at the same rate at all locations in the state.

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

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

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

          (((j))) (k) 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 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) Except for subsection (1)(((g)))(h) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020.  Subsection (1)(((g)))(h) of this section does apply to such products.

        Sec. 2.  Section 77.12.040, chapter 36, Laws of 1955 as last amended by section 3, chapter 240, Laws of 1984 and RCW 77.12.040 are each amended to read as follows:

          The commission shall adopt, amend, or repeal, and enforce reasonable rules prohibiting or governing the time, place, and manner of taking or possessing game animals, game birds, or game fish.  The commission may specify the quantities, species, sex, and size of game animals, game birds, or game fish that may be taken or possessed.  The director may adopt emergency rules under RCW 77.12.150.

The commission may consult with the director of fisheries when the director of fisheries adopts rules regulating the incidental harvest of steelhead.

          The commission may establish by rule game reserves and closed areas where hunting for wild animals or wild birds may be prohibited and closed waters where fishing for game fish may be prohibited.