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                                ENGROSSED SUBSTITUTE SENATE BILL NO. 5288

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State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Environment & Natural Resources (originally sponsored by Senators Metcalf, Vognild, Craswell, Benitz, Barr and Amondson)

Read first time 1/25/89.

AN ACT Relating to aquaculturists and the production of salmon; 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 director shall contract with fishermen's cooperatives or private aquaculturists for the purchase of quality salmon smolts for release into public waters.  The intent of private contracting is to explore the opportunities of cooperatively producing more salmon for the public fisheries without incurring additional capital expense for the department.  In addition, fishermen's cooperatives and private aquaculturists may be able to produce a higher quality product for less expense than the current department operations.

NEW SECTION. Sec. 2.  A new section is added to chapter 75.08 RCW to read as follows:

          The director shall make available to private contractors, including fishermen's cooperatives, any state-funded salmon hatcheries or satellite facilities which are in a closed or less than fifty percent of full capacity operation. The underutilized facilities shall be made available on an annual basis for contracting to fulfill the purposes of section 1 of this act.

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

          Private contracting of salmon smolt production shall be by competitive bidding.  In awarding leases to private contractors, the director shall give preference to nonprofit corporations.  The director shall establish the criteria for the contract, which shall  include but not be limited to:  Species, size of smolt, stock composition, quantity, quality, rearing location, release location, and other pertinent factors.

NEW SECTION. Sec. 4.  A new section is added to chapter 75.08 RCW to read as follows:

          Nothing in this act shall authorize the practice of private ocean ranching.  Privately contracted smolts become the property of the state at the time of release.

NEW SECTION. Sec. 5.  A new section is added to chapter 75.08 RCW to read as follows:

          The department shall make available to private contractors salmon eggs in excess of department hatchery needs for the purpose of contract rearing to release the smolts into public waters.  The priority of providing eggs to contract rearing shall be higher than providing eggs to aquaculture purposes which are not destined for release into Washington public waters.

NEW SECTION. Sec. 6.  A new section is added to chapter 75.08 RCW to read as follows:

          The department shall provide the legislature with budget requests which are necessary to provide sufficient funding to conduct contract rearing of salmon to its full potential.

NEW SECTION. Sec. 7.  A new section is added to chapter 75.08 RCW to read as follows:

          Each contract proposal for private rearing of salmon smolts shall be reviewed by the salmon advisory council and the council shall make a recommendation to the director on each contract proposal.

NEW SECTION. Sec. 8.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.