6204-S AMH FW H4471.1

SSB 6204 - H COMM AMD ADOPTED 3-2-94

By Committee on Fisheries & Wildlife

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 79.01.805 and 1993 c 283 s 3 are each amended to read as follows:

(1) The maximum daily wet weight harvest or possession of seaweed for personal use from all ((private and public tidelands and state bedlands)) aquatic lands as defined under RCW 79.90.010 and all privately owned tidelands is ten pounds per person.  The department of natural resources in cooperation with the department of ((fisheries)) fish and wildlife 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.

(2) Except as provided under subsection (3) of this section, commercial harvesting of seaweed from aquatic lands as defined under RCW 79.90.010, and all privately owned tidelands is prohibited.

(3) Upon mutual approval by the department and the department of fish and wildlife, seaweed species of the genus Macrocystis may be commercially harvested for use in the herring spawn-on-kelp fishery.

    Sec. 2.  RCW 79.01.810 and 1993 c 283 s 4 are each amended to read as follows:

    ((A violation of RCW 79.01.805 is an infraction under chapter 7.84 RCW, punishable by a penalty of one hundred dollars.))

It is unlawful to exceed the harvest and possession restrictions imposed under RCW 79.01.805.  A violation of this section is a misdemeanor punishable in accordance with RCW 9.92.030, and a violation taking place on aquatic lands is subject to the provisions of RCW 79.01.760.  A person committing a violation of this section on private tidelands which he or she owns is liable to the state for treble the amount of damages to the seaweed resource, and a person trespassing on private tidelands and committing a violation of this section is liable to the private tideland owner for treble the amount of damages to the seaweed resource.  Damages recoverable include, but are not limited to, damages for the market value of the seaweed, for injury to the aquatic ecosystem, and for the costs of restoration.  In addition, the person is liable for reimbursing the injured party for the party's reasonable costs, including but not limited to investigative costs and reasonable attorneys' fees and other litigation-related costs.

    Sec. 3.  RCW 79.01.815 and 1993 c 283 s 5 are each amended to read as follows:

    The department of ((fisheries)) fish and wildlife and law enforcement authorities may enforce the provisions of RCW 79.01.805 and 79.01.810.

NEW SECTION. Sec. 4.  RCW 79.01.820 and 1993 c 283 s 6 are each repealed.

NEW SECTION. Sec. 5.  RCW 79.96.907 is decodified.

NEW SECTION. Sec. 6.  This act shall take effect July 1, 1994."

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