5056-S AMH KING WATS 1

SSB 5056 - H AMD 000426 ADOPTED 4-13-93

By Representative King and Sehlin

     On page 1, beginning on line 10, strike the remainder of the bill and insert:

     "NEW SECTION. Sec. 2.  Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter.

     "Marine aquatic plants" means saltwater marine plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free-floating state.  Marine aquatic plants include but are not limited to seaweed of the classes Chlorophyta,  Phaeophyta, and Rhodophyta.

NEW SECTION. Sec. 3.  The maximum daily wet weight harvest or possession of seaweed for personal use from all private and public tidelands and state bedlands is ten pounds per person.  The department of natural resources in cooperation with the department of fisheries may establish seaweed harvest limits of less than ten pounds for conservation purposes.  This section shall in no way affect the ability of any state agency to prevent harvest of any species of marine aquatic plant from lands under its control, ownership, or management.

NEW SECTION. Sec. 4.  A violation of section 3 of this act is an infraction under chapter 7.84 RCW, punishable by a penalty of one hundred dollars.

NEW SECTION. Sec. 5.  The department of fisheries may enforce the provisions of sections 3 and 4 of this act.

NEW SECTION. Sec. 6.    Section 3 of this act does not apply to commercial harvest of marine aquatic plants. 

     Sec. 7.  RCW 75.10.010 and 1985 c 155 s 1 are amended to read as follows:

     (1) Fisheries patrol officers and ex officio fisheries patrol officers within their respective jurisdictions, shall enforce this title, rules of the director, and other statutes as prescribed by the legislature.

     (2) When acting within the scope of subsection (1) of this section and when an offense occurs in the presence of the fisheries patrol officer who is not an ex officio fisheries patrol officer, the fisheries patrol officer may enforce all criminal laws of the state.  The fisheries patrol officer must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a supplemental course in criminal law enforcement as approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.

     (3) Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by a fisheries patrol officer rests with the department of fisheries unless the fisheries patrol officer acts under the direction and control of another agency or unless the liability is otherwise assumed under a written agreement between the department of fisheries and another agency.

     (4) Fisheries patrol officers may serve and execute warrants and processes issued by the courts.

(5) Fisheries patrol officers may enforce the provisions of sections 3 and 4 of this act.

NEW SECTION. Sec. 8.  By December 31, 1993, the department of natural resources in cooperation with the department of fisheries shall develop and report to the appropriate committees of the legislature on a process and budget necessary to accomplish the following:

     (1) Inventory and monitor the seaweed resource for seaweed species that are or have the potential to be harvested for recreational or tribal ceremonial and subsistence purposes;

     (2) Develop a management plan that will address the appropriate level of recreational harvest of seaweed while conserving the seaweed resource;

     (3) Identify the respective state and tribal roles in managing the seaweed resource; and

     (4) Involve interested parties in development of the inventory and management plan, including the state parks and recreation commission, affected counties, private tideland owners, the tribes, and representatives of those who harvest seaweed for personal use.  The department of natural resources shall also involve these interested parties in development of the process and budget.

NEW SECTION. Sec. 9.  Sections 2 through 6 of this act are each added to chapter 79.01 RCW."

EFFECT:  Corrects a spelling error.  Applies the seaweed harvest limit to all public lands rather than to state lands only.  Removes the requirement that a seaweed management plan be developed, and requires instead the development of a process and budget for an inventory and management plan and an identification of the respective state and tribal roles in managing the seaweed resource.  The process and budget are to be developed with interested parties, and submitted to the appropriate committees of the Legislature by December 31, 1993.  Changes the penalty for violating the harvest limit from a misdemeanor to an infraction, punishable by a penalty of one hundred dollars.