S-3771.1                   _______________________________________________

                                                     SENATE BILL 6335

                              _______________________________________________

State of Washington                              53rd Legislature                             1994 Regular Session

By Senators Snyder, Owen, Oke, Haugen, Erwin, Hargrove, Drew, Bauer, M. Rasmussen, Sutherland and Pelz

Read first time 01/19/94.  Referred to Committee on Natural Resources.

Allowing the operation of state-owned salmon hatcheries by nonprofit corporations, municipal corporations, and treaty Indian tribes.

          AN ACT Relating to operation of state-owned salmon hatcheries by nonprofit corporations, municipal corporations, and treaty Indian tribes; and adding new sections to chapter 75.50 RCW.

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

NEW SECTION. Sec. 1.  The legislature finds that significant opportunity exists for nonprofit corporations, municipal corporations, and treaty Indian tribes to operate state-owned salmon hatcheries for the purpose of increasing salmon populations in state waters.  Regional fisheries enhancement groups under RCW 75.50.070, cooperative groups under chapter 75.52 RCW, municipal corporations, and Native American Indian tribes are found to be qualified to operate state-owned salmon hatcheries.  In cases where the department has closed or will close a salmon hatchery, which includes formal salmon hatcheries, satellite ponds, egg box sites, rearing ponds, spawning channels, egg taking stations, and other salmon culture facilities, the department shall give timely notice to regional fisheries enhancement groups, cooperative groups, municipal corporations, and treaty Indian tribes and shall make the facilities available for nondepartment operations.

NEW SECTION. Sec. 2.  The governor may approve contracts for the operations of state-owned salmon hatcheries by regional fisheries enhancement groups, cooperative projects, municipal corporations, and treaty Indian tribes.  Ownership of the hatcheries must remain with the state.  Formal contracts must have a maximum length of five years and must specify terms of maintenance of the facility and general operation plans for the facility and culture of salmon.

NEW SECTION. Sec. 3.  Salmon that return to a state-owned salmon hatchery that is operated by a nonprofit corporation becomes the property of the nonprofit corporation only in the case that the revenue from the sale of the salmon or their parts is entirely utilized for continued operation of the salmon hatchery.

NEW SECTION. Sec. 4.  The department shall fully cooperate with a nonprofit corporation that operates a state-owned salmon hatchery.  Cooperation includes technical assistance, provision of salmon eggs, fry, fingerlings, and other assistance as needed.

NEW SECTION. Sec. 5.  Sections 1 through 4 of this act are each added to chapter 75.50 RCW.

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