H-120                _______________________________________________

                                                   HOUSE BILL NO. 1040

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State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Haugen, S. Wilson, R. King, May, Zellinsky, Spanel, Leonard and Jones

Read first time 1/11/89 and referred to Committee on Fisheries & Wildlife.

AN ACT Relating to the loss of nets in the aquatic environment; adding new sections to chapter 75.28 RCW; creating new sections; making an appropriation; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds that many fishing nets lost in the aquatic environment continue to catch crabs, fish, sea birds, and other marine organisms for months and years.  Nets have been located in which thousands of fish, crabs, marine mammals, and other marine organisms have become trapped and died.

          It is the intent of the legislature to conserve the state's aquatic resources by reducing the loss of food fish, game fish, and other marine organisms caused by abandoned fishing nets.

NEW SECTION. Sec. 2.     Unless the context clearly requires otherwise, the definition in this section applies throughout sections 3 through 5 of this act.

          "Fishing net" and "net" mean the following fishing nets used by the commercial fishing industry:  Gill nets (set nets), beach seines, purse seines, trawl nets, and reef nets.

NEW SECTION. Sec. 3.     (1) The department shall establish a system for marking and identifying commercial fishing nets so as to provide a reliable method for determining the owner of lost and abandoned fishing nets and net fragments.

          (2) All commercial fishing nets used in state waters must be identified in accordance with the department's identification system.  Failure to identify a net used in state waters after the effective date of this act shall be an infraction punishable under chapter 7.84 RCW.

NEW SECTION. Sec. 4.     (1) Abandoning or discarding a net in state waters is prohibited, except in cases in which the net is caught on an obstruction and cannot be freed, or if the net was inadvertently lost and cannot be located.

          (2) If a net must be abandoned because it is caught on an obstruction or if a net is inadvertently lost, the owner shall notify the department within fifteen days of the date the net was abandoned or lost.  The owner must provide information on the net's location, date of abandonment, reason for abandoning the net, and proof of the effort expended to recover the net.

NEW SECTION. Sec. 5.     The department shall be responsible for recovering, or coordinating the recovery of, abandoned nets when a net is identified as posing a threat, or a potential threat, to marine organism or seabird populations.  In cases in which the owner of a recovered abandoned net is determined, the department shall require that the owner reimburse the department for reasonable recovery costs.  If the net was abandoned after the effective date of this act and the department was not notified in accordance with section 4 of this act, the owner shall pay reasonable recovery costs and shall be punishable under chapter 7.84 RCW.

NEW SECTION. Sec. 6.     The department shall analyze current and proposed methods for increasing the degradability of commercial fishing nets, and the feasibility of requiring that the material used in fishing net construction be degradable when left in marine waters for extended periods of time.  The department also shall analyze methods that will reduce the length of time abandoned nets continue to fish.  A report shall be submitted by December 1, 1989, to the appropriate standing committees of the legislature.

NEW SECTION. Sec. 7.     The sum of thirty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1990, from the general fund to the department of fisheries to carry out the purposes of this act.

NEW SECTION. Sec. 8.     Sections 2 through 5 of this act shall be added to chapter 75.28 RCW.

NEW SECTION. Sec. 9.     Sections 3 through 5 of this act shall take effect January 1, 1990.  The department may immediately take such steps as are necessary to ensure that sections 3 through 5 of this act are implemented on January 1, 1990.