AN ACT Relating to herring spawn on kelp; amending RCW 15.85.020 and 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 maximum number of herring spawn on kelp permits shall not exceed five annually. 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. Bidders are required to identify their sources of kelp. Kelp harvested from state-owned aquatic lands as defined in RCW 79.90.465 requires the written consent of the department of natural resources. The department shall give all herring validation holders thirty days' notice of the auction.

Sec. 3. Section 2, chapter 457, Laws of 1985 and RCW 15.85.020 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Aquaculture" means the process of growing, farming, or cultivating private sector cultured aquatic products in marine or freshwaters and includes management by an aquatic farmer.

(2) "Aquatic farmer" is a private sector person who commercially farms and manages the cultivating of private sector cultured aquatic products on the person's own land or on land in which the person has a present right of possession.

(3) "Private sector cultured aquatic products" are native, nonnative, or hybrids of marine or freshwater plants and animals that are propagated, farmed, or cultivated on aquatic farms under the supervision and management of a private sector aquatic farmer or that are naturally set on aquatic farms which at the time of setting are under the active supervision and management of a private sector aquatic farmer. When produced under such supervision and management, private sector cultured aquatic products include, but are not limited to, the following plants and animals:

@h0!tp1,1@56Scientific Name !tl@56Common Name

@h2!l !dsxx!ix!tr!ss1!ir*,1!ir3,2!ih2,3

!ae0!ed!dsyy

!ae0!ix!tl!ss1!il*,1 !ih2,2!ed !gsxxEnteromorpha!gsyygreen nori

!gsxxMonostroma!gsyyawo-nori

!gsxxUlva!gsyysea lettuce

!gsxxLaminaria!gsyykonbu

!gsxxNereocystis!gsyybull kelp

!gsxxPorphyra!gsyynori

!gsxxIridaea!gsyy

!gsxxHaliotis!gsyyabalone

!gsxxZhlamys!gsyypink scallop

!gsxxHinnites!gsyyrock scallop

!gsxxTatinopecten!gsyyJapanese or weathervane scallop

!gsxxProtothaca!gsyynative littleneck clam

!gsxxTapes!gsyymanila clam

!gsxxSaxidomus!gsyybutter clam

!gsxxMytilus!gsyymussels

!gsxxCrassostrea!gsyyPacific oysters

!gsxxOstrea!gsyyOlympia and European oysters

!gsxxPacifasticus!gsyycrayfish

!gsxxMacrobrachium!gsyyfreshwater prawn

!gsxxSalmo and Salvelinus!gsyytrout, char, and Atlantic salmon

!gsxxOncorhynchus !gsyysalmon

!gsxxIctalurus!gsyycatfish

!gsxxCyprinus!gsyycarp

!gsxxAcipenseridae!gsyysturgeon

!te!ix

@h3!dsxx!ed!dsyy!ed

Private sector cultured aquatic products do not include herring spawn on kelp and other products harvested under a herring spawn on kelp permit issued in accordance with section 2 of this act.

(4) "Department" means the department of agriculture.

(5) "Director" means the director of agriculture.

Sec. 4. 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;

(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.