Z-196                 _______________________________________________

                                                   HOUSE BILL NO. 1056

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State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Sayan, R. King, Smith, Vekich and Belcher; by request of Department of Fisheries

Read first time 1/13/89 and referred to Committee on Fisheries & Wildlife.

AN ACT Relating to herring spawn on kelp; amending RCW 75.08.230; adding a new section to chapter 75.28 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature finds that the wise management of Washington state's herring resource is of paramount importance to the people of the state.  The legislature finds that herring are an important part of the food chain for a number of the state's living marine resources.  The legislature finds that both open and closed pond "spawn on kelp" harvesting techniques allow for an economic return to the state while at the same time providing for the proper management of the herring resource.  The legislature finds that limitations on the number of herring harvesters tends to improve the management and economic health of the herring industry.  The state therefore must use its authority to regulate the number of herring spawn on kelp permits so that the management and economic health of the herring fishery may be improved.

NEW SECTION. Sec. 2.  A new section is added to chapter 75.28 RCW to read as follows:

          In addition to a commercial fishing license, a herring validation, and other applicable permits required under state law, a herring spawn on kelp permit is required to commercially take herring eggs which have been deposited on vegetation of any type.  All herring spawn on kelp permits shall be sold at auction to the highest bidder.  The department shall give all herring validation holders thirty days' notice of the auction.

        Sec. 3.  Section 75.08.230, chapter 12, Laws of 1955 as last amended by section 230, chapter 202, Laws of 1987 and RCW 75.08.230 are each amended to read as follows:

          (1) Except as provided in this section, state and county officers receiving the following moneys shall deposit them in the state general fund:

          (a) The sale of licenses required under this title;

          (b) The sale of property seized or confiscated under this title;

          (c) Fines and forfeitures collected under this title;

          (d) The sale of real or personal property held for department purposes;

          (e) Rentals or concessions of the department;

          (f) Moneys received for damages to food fish, shellfish or department property; and

          (g) Gifts.

          (2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.

          (3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the director shall be remitted as provided in chapter 3.62 RCW.

          (4)  Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.

          (5)  Proceeds from the sale of salmon and salmon eggs by the department, to the extent these proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for hatchery operations partially or wholly financed by sources other than state general revenues or for purposes of processing human consumable salmon for disposal.

          (6) Moneys received by the director under RCW 75.08.045, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270.  Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.

(7) Proceeds from the sale of herring spawn on kelp permits by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270.  Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.