BILL REQ. #:  H-1526.1 

Read first time 02/09/2005.   Referred to Committee on Select Committee on Hood Canal.

     AN ACT Relating to geoduck harvest in Hood Canal; adding a new section to chapter 77.65 RCW; and adding a new section to chapter 79.96 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.65 RCW to read as follows:
     (1) Except as otherwise provided in this section, the department and the department of natural resources are prohibited from entering or reentering into any management plan with either a state or nonstate entity that would, in the area of Hood Canal south of a line projected from the communities of South Point in Jefferson county and Lofall in Kitsap county, allow for the harvest of any naturally occurring geoduck below the mean low tide line.
     (2) Except as otherwise provided in this section, the department and the department of natural resources are prohibited from entering or reentering into any management plan with either a state or nonstate entity that would, in the area of Hood Canal north of a line projected from the communities of South Point in Jefferson county and Lofall in Kitsap county and south of a line projected from Tala Point in Jefferson county to Foulweather Bluff in Kitsap county, allow for the harvest of naturally occurring geoduck below the mean low tide line in an amount greater than ninety percent of the average harvest level in that area for the years 2000 through 2004.
     (3) The commission may adopt a rule allowing the department to enter into management agreements with state or nonstate entities that allow for the harvest of naturally occurring geoduck in areas otherwise prohibited or restricted by this section if a majority of the members of the commission vote to affirm that:
     (a) A mapping inventory of the naturally occurring geoducks in the entire Hood Canal south of a line projected from Tala Point in Jefferson county to Foulweather Bluff in Kitsap county has been completed;
     (b) The significance of geoducks in reducing oxygenation has been specifically studied; and
     (c) The results of the mapping inventory and oxygenation study indicates that allowing the harvest of naturally occurring geoducks in Hood Canal will not have either a significant short-term adverse effect or significant long-term adverse effect on the environmental health of Hood Canal.
     (4) If a majority of the members of the commission vote affirmatively on a rule under subsection (3) of this section, a summary of the research considered must be presented to the appropriate standing committees of both the house of representatives and the senate. No rule may take effect until thirty days after the adjournment of the session during which the research is presented.

NEW SECTION.  Sec. 2   A new section is added to chapter 79.96 RCW to read as follows:
     The department is prohibited from entering or reentering into a management plan with either a state or nonstate entity in violation of section 1 of this act unless the department of fish and wildlife is authorized by the fish and wildlife commission to enter into such a management plan.