H-2340.1  _______________________________________________

                 SECOND SUBSTITUTE HOUSE BILL 1716

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By House Committee on Appropriations (originally sponsored by Representatives G. Chandler, Doumit, Mastin, Mulliken and Grant)

Read first time 03/08/1999.

Changing provisions relating to warm water fish culture.

    AN ACT Relating to warm water fish culture; amending RCW 77.44.050 and 77.32.440; creating a new section; and declaring an emergency.

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

    Sec. 1.  RCW 77.44.050 and 1996 c 222 s 5 are each amended to read as follows:

    The warm water game fish account is hereby created in the state wildlife fund.  Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the warm water game fish enhancement program, including the development of warm water pond and lake habitat, culture of warm water game fish, improvement of warm water fish habitat, management of warm water fish populations, and other practical activities that will improve the fishing for warm water fish.  Funds ((from the)) for warm water game fish ((surcharge)) as provided in RCW 77.32.440 shall not serve as replacement funding for department-operated warm water fish projects existing on December 31, 1994((.  Funds from the warm water game fish account shall not be used for the operation or construction of the warm water fish culture project at Ringold unless specifically authorized by legislation.

    Funds from the sale of the warm water game fish surcharges shall be deposited in the warm water game fish account)), except that an amount not to exceed ninety-one thousand dollars may be used for warm water fish culture at the Rod Meseberg warm water fish production facility during the biennium ending June 30, 2001.

    Sec. 2.  RCW 77.32.440 and 1998 c 191 s 13 are each amended to read as follows:

    (1) The commission shall adopt rules to continue funding current enhancement programs at levels equal to the participation of licensees in each of the individual enhancement programs.  All enhancement funding will continue to be deposited directly into the individual accounts created for each enhancement.

    (2) In implementing subsection (1) of this section with regard to warm water game fish, the department shall ((initially)) deposit in the warm water game fish account ((6.512 percent of the funds received from the sale of each freshwater license and each freshwater, saltwater, and shellfish combination license.  The percentage initially)) the sum of one million two hundred fifty thousand dollars each fiscal year during the fiscal years 1999 and 2000, based on two hundred fifty thousand warm water anglers.  Beginning in fiscal year 2001, and each year thereafter, the deposit to the warm water game fish account established in this subsection shall be adjusted annually to reflect the actual numbers of license holders fishing for warm water game fish based on an annual survey of licensed anglers from the previous year conducted by the department beginning with the April 1, ((2000)) 1999, to March 31, ((2001)) 2000, license year survey.  ((The legislature expects that implementing this subsection will result in annual deposits of at least one million two hundred fifty thousand dollars into the warm water game fish account.))

NEW SECTION. Sec. 3.  If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1999, in the omnibus appropriations act, this act is null and void.

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 takes effect immediately.

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