SENATE BILL REPORT

SB 5951

BYSenators Kreidler, Metcalf, Owen, Benitz, DeJarnatt and Amondson

Regarding geoducks.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 20, 1989; March 1, 1989

Majority Report:  That Substitute Senate Bill No. 5951 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Benitz, Kreidler, Owen, Patterson, Sutherland.

Senate Staff:Vic Moon (786-7469)

                  March 9, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, MARCH 1, 1989

BACKGROUND:

The management of the geoduck resource by the Department of Natural Resources needs modifications to ensure adequate enforcement and to obtain better coordination between the Departments of Fisheries and Natural Resources.

SUMMARY:

The program relating to geoducks, geoduck leasing and geoduck management is transferred from the Department of Natural Resources to the Department of Fisheries.  In leasing tracts, the Department of Fisheries may not lease adjoining geoduck tracts to different companies.

A geoduck advisory committee to the Department of Fisheries is created consisting of two divers, two boat operators, two lessors, two members of the general public, one processor and one representative from the Department of Ecology, and one representative from the Department of Social and Health Services.  Committee members will be appointed by the Governor for two-year terms and will receive subsistence and travel expenses.

The advisory committee will meet at least monthly and review geoduck surveys, rules adopted by the Department of Fisheries, marking of geoduck tracts, bid and lease procedures, enforcement, market practices, gear requirements, funding for laboratory and research, post-harvest assessments and the effect of the geoduck program on the environment.  The advisory committee will develop tract enforcement and tract safety standards and submit them to the Legislature by January 1, 1990.

Geoduck harvesting and geoduck landing may only be conducted during daylight hours.  All geoduck catches must be checked by the Department of Fisheries and fish tickets must be turned in fully filled out.

Geoduck divers must be trained in commercial scuba diving and the Department of Fisheries will set standards by rule for training based on recommendations from the advisory committee.  Any person convicted of theft of geoducks for commercial purposes will be responsible for treble damages to the state and a class C felony.

Wholesale shellfish dealers must have substantial proof of the location of the lease from which geoducks were taken.  Language relating to the revocation of a geoduck license and the cancellation of a lease is clarified.  If a person harvests geoducks off tract, on the tract or in any other location of the waters of Puget Sound, a violation will count against the individual.

All powers, duties and functions relating to geoduck clams is transferred to the Department of Fisheries and all rules and pending business before the Department of Natural Resources shall continue to be acted upon by the Department of Fisheries.  All contracts and obligations will remain in force.  Lease language is placed within the authority of the Department of Fisheries and provision is made that appeals of revocations or refusals to renew the geoduck tract license may be taken under judicial review through the Administrative Procedure Act.

EFFECT OF PROPOSED SUBSTITUTE:

The Commissioner of Public Lands shall appoint a geoduck advisory committee to the commissioner and the department.  In making the appointments, the commissioner will ensure that all affected and interested parties are represented.  The meetings of the committee will be open to the public and the committee may meet four times per year.  Members will receive subsistence and travel expenses.

Geoduck catches must be checked by the Department of Fisheries and fish tickets must be completely filled out when turned in.

Geoduck divers must be trained in commercial scuba diving.  The Department of Fisheries will set standards by rule based on recommendations of the geoduck advisory committee. 

If a person intentionally and knowingly wrongfully takes geoducks, that person will be liable for treble damages based on the fair market value of geoducks taken.  If a person takes geoducks from state lands in any other circumstances, then the person shall be liable for double damages based on fair market value.  A person wrongfully takes geoducks if the taking occurs without a harvest agreement, is contrary to the terms that control harvest in the harvest agreement, are taken in violation of any state fish ticket or reporting mechanisms, or if the geoducks are taken in violation of other state laws relating to the time, place or manner of geoduck harvests.  If a person is found to have wrongfully taken geoducks, then all geoducks in possession or control of that person shall be presumed to have been taken wrongfully.  The remedies under this act are civil damages and may be proved by a preponderance of the evidence.  The Department of Natural Resources shall have the authority to pursue damages whether or not the person involved possesses a harvest agreement with the Department of Natural Resources.  Nothing in the act will change the state's existing power to prosecute for the theft of geoducks nor shall the existing authority of the Department of Fisheries be affected.  Violations against divers shall be counted against the tract licensee for computing the number of violations relating to the revocation or refusal to renew a geoduck license.  Violations both on tract and off tract in all waters of the state of Washington shall apply to violations counted against the tract licensees. 

Language clarifies that the Department of Natural Resources is issuing harvest agreements instead of land leases.  The Department of Natural Resources may prequalify bidders.  A harvest agreement may be refused to a bidder if there is reason to believe that a bidder should be disqualified because of past violations of a contract or state law.

Geoducks shall be sold through competitive bidding to the highest responsible bidder.  Harvesting agreements may take whatever form the Department of Natural Resources deems appropriate and may include either a contract for harvest or a real property conveyance. 

The Department of Natural Resources is authorized to offer and pay a reward of up to $1,000 for each case of reliable information regarding violations of geoduck harvesting that come from the public.  No reward shall be paid to federal, state or local government employees.  The Commissioner of Public Lands shall have the authority to determine the appropriate account or fund from which to pay the reward and no appropriation shall be required for disbursement of the award.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested

Senate Committee - Testified: Steve Lacroix, diver (pro); Gene Canfield, Undersea Harvesters Association (pro); Todd Jolibous, Debbie Ann Undersea Services (pro); Ed Manary, Department of Fisheries (con); Stan Biles, Department of Natural Resources (con); Scott Greene, Giant Clam Company (pro)