AN ACT Relating to recreational fisheries enhancement and management; amending RCW 75.08.012, 75.08.245, and 75.08.011; and adding new sections to chapter 75.08 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 75.08 RCW to read as follows:

The state of Washington possesses the resources to become the sport fishing capital of the United States and the Pacific Northwest possesses the resources to become the sport fishing capital of all of North America. The natural runs of salmon, sturgeon, and steelhead, the quality of habitat, the favorable harbors, and the investment in hatcheries and fishing equipment have Washington poised to capture the recreational fishing market.

It is the intent of the legislature to develop and implement policies and programs which will establish Washington as the sport fishing capital of the United States. The social and economic benefits of such programs will enhance all citizens of the state, the local economies, and the welfare of the state's residents.

Sec. 2. Section 3, chapter 112, Laws of 1949 as last amended by section 5, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.012 are each amended to read as follows:

(1) The department shall manage, preserve and maintain, protect((,)) and perpetuate ((~~and manage~~)), and enhance and supplement populations of the food fish and shellfish in state waters and offshore waters.

The department shall conserve the food fish and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the recreational and commercial fishing industry in the state, subject to subsection (2) of this section. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state.

(2) It shall be the primary responsibility of the department to manage the recreational fish in the state as defined in RCW 75.08.011 in a manner that will develop, promote, and enhance recreational fishing opportunities. All recreational species of food fish shall be managed for the primary benefit of the recreational fisheries.

(3) In managing for the primary benefit of the recreational fishery, the department shall, at a minimum:

(a) Enhance existing fisheries throughout the state for recreational anglers;

(b) Develop and promote fisheries for all species;

(c) Vigorously work with all fisheries allocation bodies to obtain allocations of food fish for the recreational fisheries that will maintain, develop, promote, and enhance the recreational fisheries of the state including in all allocation decisions the objective of maximizing the return of Washington-produced fish to Washington waters for harvest by recreational anglers;

(d) Develop trophy-quality fisheries in selected marine areas, rivers, and streams;

(e) Develop stable fishing seasons and bag limits;

(f) Operate hatcheries and coordinate with operators of other hatcheries in a manner that will further the development of fisheries for the primary benefit of the recreational angler including giving careful consideration to the interactions between hatchery and wild stock populations;

(g) Take steps in managing fisheries that will increase the number of fish produced in state waters, and caught by recreational anglers in state waters and in the Pacific Ocean adjoining state waters; and

(h) Work with all utilities and regulatory entities to develop water flows that benefit recreational fisheries.

(4) The department shall manage commercial fisheries to minimize the incidental harvest of wild stocks of chinook and coho salmon, the incidental harvest of sturgeon, and the handling of steelhead.

(5) By December 15, 1989, the department shall prepare and implement a recreational fishery plan. The department shall submit to the appropriate committees of the legislature a description of the process which will be followed in preparation of the recreational fishery plan. The description shall be submitted within thirty days after the effective date of this 1989 section.

NEW SECTION. Sec. 3. A new section is added to chapter 75.08 RCW to read as follows:

(1) An essential element in the production of wild fish is the retention, development, and improvement of appropriate habitat. The department shall vigorously work with all local, state, federal, tribal, and private organizations to:

(a) Retain adequate stream flows for fish passage, reproduction, and growth;

(b) Protect streams and streamside habitat in order to maintain spawning and rearing areas for wild stocks and their supplemental population development;

(c) Improve existing habitat through removing physical barriers, improving water quality, educating the public, and other necessary steps; and

(d) Consider all of the needs of wild fish and supplementation in all state-managed waters.

(2) In all state-managed waters, the department shall strive to enhance fish populations through research, development of habitat, improved fish passage, disease control, protection of wild runs, construction of hatcheries, public education, and other appropriate activities.

Sec. 4. Section 4, chapter 35, Laws of 1971 as last amended by section 1, chapter 115, Laws of 1988 and RCW 75.08.245 are each amended to read as follows:

(1) The legislature recognizes that the management of chinook and coho salmon for the primary benefit of recreational anglers may cause more fish to return to a hatchery or spawning grounds than is necessary for the perpetuation of the run. The legislature further recognizes that such practices are appropriate and acceptable.

(2) The department may supply, at a reasonable charge, surplus salmon eggs to a person for use in the cultivation of salmon. The department shall not intentionally create a surplus of salmon to provide eggs for sale. The department shall only sell salmon eggs from stocks that are not suitable for salmon population rehabilitation or enhancement in state waters in Washington. All sales or transfers shall be consistent with the department's egg transfer and aquaculture disease control regulations as now existing or hereafter amended. Prior to department determination that eggs of a salmon stock are surplus and available for sale, the department shall assess the productivity of each watershed that is suitable for receiving eggs.

The salmon enhancement advisory council, created in RCW 75.48.120, shall consider egg sales at each meeting.

Sec. 5. Section 75.04.010, chapter 12, Laws of 1955 as last amended by section 4, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.011 are each amended to read as follows:

As used in this title or rules of the director, unless the context clearly requires otherwise:

(1) "Director" means the director of fisheries.

(2) "Department" means the department of fisheries.

(3) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations.

(4) "Fisheries patrol officer" means a person appointed and commissioned by the director, with authority to enforce this title, rules of the director, and other statutes as prescribed by the legislature. Fisheries patrol officers are peace officers.

(5) "Ex officio fisheries patrol officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fisheries patrol officer" also includes wildlife agents, special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

(6) "To fish" and "to take" and their derivatives mean an effort to kill, injure, harass, or catch food fish or shellfish.

(7) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

(8) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

(9) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

(10) "Resident" means a person who has for the preceding ninety days maintained a permanent abode within the state, has established by formal evidence an intent to continue residing within the state, and is not licensed to fish as a resident in another state.

(11) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

(12) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that shall not be fished for except as authorized by rule of the director. The term "food fish" includes all stages of development and the bodily parts of food fish species.

(13) "Shellfish" means those species of marine and freshwater invertebrates that shall not be taken except as authorized by rule of the director. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

(14) "Salmon" means species of the genus Oncorhynchus and includes:

!tp1,1,1 !tcScientific Name!tc!sc ,001Common Name

!trOncorhynchus tshawytscha!tlChinook salmon

!trOncorhynchus kisutch!tlCoho salmon

!trOncorhynchus keta!tlChum salmon

!trOncorhynchus gorbuscha!tlPink salmon

!trOncorhynchus nerka!tlSockeye salmon

(15) "Commercial" means related to or connected with buying, selling, or bartering. Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.

(16) "To process" and its derivatives mean preparing or preserving food fish or shellfish.

(17) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.

(18) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line, operated without rod or reel to which are attached no more than two single hooks or one artificial bait with no more than four multiple hooks.

(19) "Recreational fish" means those species of food fish managed for the primary benefit of recreational fisheries. Recreational fish shall include coho salmon, chinook salmon, sturgeon, Lake Washington sockeye, halibut, lingcod, black rockfish, and additional species as determined by rule of the director.