S-2283               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5913

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State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Environment & Natural Resources (originally sponsored by Senators DeJarnatt and Conner)

Read first time 2/28/89.

AN ACT Relating to commercial salmon fishing; amending RCW 75.12.210 and 75.12.230; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The purpose of RCW 75.12.210(3) is to provide nontreaty commercial salmon fishermen with an opportunity to harvest at least fifty percent of the harvestable surplus of chum and sockeye salmon returning to rivers on the Quinault Indian reservation.  Nontreaty ocean fisheries are presently unable to harvest these species, and, as a result, Quinault treaty fishermen are the sole beneficiaries of these salmon stocks.

        Sec. 2.  Section 3, chapter 108, Laws of 1957 as amended by section 60, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.210 are each amended to read as follows:

          (1) Except as provided in subsection (2) of this section, it is unlawful to fish for or take salmon with gear other than troll gear or angling gear within the offshore waters or the waters of the Pacific Ocean over which the state has jurisdiction lying west of the following line:  Commencing at the point of intersection of the international boundary line in the Strait of Juan de Fuca and a line drawn between the lighthouse on Tatoosh Island in Clallam County and Bonilla Point on Vancouver Island; thence southerly to the lighthouse on Tatoosh Island; thence southerly to the most westerly point of Cape Flattery; thence southerly along the state shoreline of the Pacific Ocean, crossing any river mouths at their most westerly points of land, to Point Brown at the entrance to Grays Harbor; thence southerly to Point Chehalis Light on Point Chehalis; thence southerly from Point Chehalis along the state shoreline of the Pacific Ocean to Cape Shoalwater Light at the entrance to Willapa Bay; thence southerly to Leadbetter Point; thence southerly along the state shoreline of the Pacific Ocean to the inshore end of the North jetty at the entrance to the Columbia River; thence southerly to the knuckle of the South jetty at the entrance to said river.

          (2) The director may authorize the use of nets for taking salmon in the waters described in subsection (1) of this section for scientific investigations.

(3) The department shall establish by rule commercial net fishing areas, consisting of all marine areas within a three-mile radius of each of the mouths of the Quinault, Queets, and Raft rivers.  The department shall establish seasons for taking chum and sockeye salmon in these three areas.  Commercial salmon net fishing in these three areas is authorized only for persons holding Grays Harbor-Columbia river commercial salmon fishing gill net licenses.

        Sec. 3.  Section 5, chapter 108, Laws of 1957 as last amended by section 61, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.12.230 are each amended to read as follows:

          Within the waters described in RCW 75.12.210, it is unlawful to transport or possess salmon on board a vessel carrying fishing gear of a type other than troll lines or angling gear, unless accompanied by a certificate issued by a state or country showing that the salmon have been lawfully taken within the territorial waters of the state or country.

This section does not apply to persons fishing under the authority of RCW 75.12.210(3).

NEW SECTION. Sec. 4.     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.