SENATE BILL REPORT

SB 5780

BYSenator DeJarnatt

Establishing drift area rights on the Columbia river.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 27, 1989

Majority Report:  No recommendation.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Kreidler, Owen.e

Senate Staff:Vic Moon (786-7469)

                  February 27, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 27, 1989

BACKGROUND:

Gill net boats have each fished in a traditional area in the Columbia River.  These "drift" areas are not established by statute or by any formal rule or regulation.  Other types of fisheries are competing with the established boats fishing in drift areas and some fishermen wish to have the Legislature grant a specific "drift right."

SUMMARY:

Commercial gill net fishing in the Columbia River is an important economic resource and the efficient operation of the gill net fishery and the ensuring of environmental and navigational integrity is necessary.  Gill net fishing on the Columbia River requires removal of obstructions and snags from the river bottom.  Clearing of the bottom is a recognized public service which benefits the commercial and sports fisheries.  An orderly safe gill net fishery on the Columbia River will be enhanced by the establishment of drift area rights.

A drift area right is defined as a priority use of an area of the Columbia River as described in a registry maintained by the Department of Fisheries for commercial gill net fishermen.

This chapter will be known as the Columbia River Drift Area Registration Act.  Drift area rights on the Columbia River recognized as of January 1, 1989 and actually used and maintained shall be recorded and noted in a registry to be maintained by the Department of Fisheries.  Fishermen who currently claim established drift rights shall register such rights with the department within one year from the effective date of the act.  Failure to register the right shall constitute forfeiture of the right.  The department will provide notice of registration requirements to all commercial fishermen on the Columbia River.  The department will adopt rules and regulations and will establish what proof is needed to recognize a drift right area.  The registry shall be open to inspection by the public.

Failure to maintain or to fish in a recognized area of drift for at least two years shall be evidence of the abandonment of such right.  If the department determines that the area has been abandoned, it may accept applications from groups who wish to claim the area.  The burden of proof that a registered drift area has been abandoned shall be the responsibility of the group seeking to claim the area.  The department will draw up rules and regulations on the administration of unregistered areas and will establish guidelines for qualifications of interested applicants.

Applications for previously unregistered drift right areas will be accepted only for areas not already established as of January 1, 1989.  Drift area rights will be held in fee simple and may be freely assigned, transferred and inherited.  Such rights are subject to forfeiture only in the event of abandonment as defined in the act.  The Department of Fisheries is authorized to charge a reasonable fee to cover the administrative costs of the assignment or transfer of drift area rights.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 21, 1989

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Phil McCrudden and Bill Stibbett, Columbia River Drift Alliance (pro); Loren Stern, Department of Fisheries (con); Steven Grey (con); Ken Wirkkala (con); Irene Martin (pro)