AN ACT Relating to the recognition of established drift area rights on the Columbia river, and establishing a registry of drift area rights; adding new section to chapter 75.28 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds the commercial gillnet fishing industry located on the Columbia river to be an important economic resource for the state of Washington and it is the intent of this act to facilitate the safe, efficient operation of gillnet fishing on the Columbia river and to ensure environmental and navigational integrity for those who utilize the Columbia river for their livelihood and enjoyment.

The legislature recognizes that, historically, gillnet fishing on the Columbia river often requires the removal of obstructions and snags from the river bottom. This clearing of the river bottom is a recognized public service which benefits both the commercial and sports fisheries and helps keep the river free of navigational dangers. Areas of the Columbia river bottom cleared by groups of gillnet fishers have been historically and traditionally recognized as that group's area of drift and this custom has been recognized and honored by gillnet fishers on the Columbia river for over one hundred years.

The legislature therefore finds that an orderly and safe gillnet fishery on the Columbia river will be enhanced by the establishment of drift area rights.

For purposes of this act, "drift area right" is defined as a priority use of an area of the Columbia river, specifically described in a registry maintained by the department of fisheries, upon which a group of commercial gillnet fishers have improved and maintained the river bed within that defined area by removing obstructions in order to facilitate safe, efficient gillnet fishing and to promote safe navigation.

NEW SECTION. Sec. 2. This chapter shall be known as the Columbia river drift area registration act.

NEW SECTION. Sec. 3. Drift area rights on the Columbia river recognized as of January 1, 1989, and actually used and maintained shall be recorded by the department of fisheries and shall be noted in a registry to be maintained by the department under this chapter. Groups of fishers who currently claim established drift area rights shall register such claimed rights with the department within one year of the effective date of this act. Failure to so register claimed drift area rights shall constitute forfeiture of those rights. The department shall provide notice of the registration requirement to all registered commercial fishers on the Columbia river. The department is authorized to charge a reasonable fee to cover the administrative cost for the registration of claimed drift area rights. The department shall adopt rules establishing what proof shall constitute recognized drift area rights and how such proof shall be established. Records of the United States army corps of engineers which state the location and ownership of drift area rights, drift areas currently recorded in county records in counties bordering the Columbia river in Washington and Oregon, or snag permits issued by the department of fisheries are examples that shall guide the department. The burden of proof of establishing recognition of claimed drift area rights shall be the responsibility of the group of fishers seeking to establish a claim. The registry shall be open to inspection by the public and the department shall adopt rules to facilitate the maintenance of the registry.

NEW SECTION. Sec. 4. Failure to maintain or to fish in a recognized area of drift for at least two years shall be evidence of abandonment of such area and abandonment of the registered drift area rights for that area. If the department determines that a drift area and the registered drift area rights have been abandoned, the department may accept applications from groups of fishers who wish to claim the abandoned area of drift and to register new drift area rights. The burden of proof that a registered drift area right has been abandoned shall be the responsibility of the group seeking to claim the abandoned area of drift. The department shall adopt rules establishing how claims of abandonment are filed and how multiple claims for the same area of drift are processed, shall ensure due process protections to the group of fishers in whose name the area of drift is currently registered, and shall establish guidelines for qualifications of those groups seeking to establish a claim of abandonment.

The department shall also adopt rules for the administration of previously unregistered areas of drift and shall establish guidelines for qualifications of interested group applicants.

The department is encouraged to consult with Columbia river gillnet fisher interest groups as part of its rule-making process under this chapter.

NEW SECTION. Sec. 5. Applications for previously unregistered drift area rights shall be accepted only for areas not already established as of January 1, 1989. Applications for drift area rights which have been abandoned shall be in accordance with procedures established in section 4 of this act. Drift area rights established after January 1, 1989, shall not encroach on those drift area rights defined in section 3 of this act.

NEW SECTION. Sec. 6. Drift area rights shall be held in fee simple and may be freely assigned, transferred, and inherited. Such rights are subject to forfeiture only in the event of abandonment as defined in section 4 of this act. The department is authorized to charge a reasonable fee to cover the administrative cost of assignment or transfer of such drift area rights.

NEW SECTION. Sec. 7. Sections 2 through 6 of this act are each added to chapter 75.28 RCW.

NEW SECTION. Sec. 8. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.