| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Agriculture & Natural Resources Committee | |
HB 3052
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Concerning the management of the wildstock geoduck resource.
Sponsors: Representatives Appleton, Sells, Flannigan, Roberts, Haigh, Dickerson and Williams.
Brief Summary of Bill |
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Hearing Date: 1/30/08
Staff: Jason Callahan (786-7117).
Background:
Wildstock geoduck resources and the commercial geoduck fishery are generally managed jointly
by the Washington Department of Fish and Wildlief (WDFW) and the Department of Natural
Resources (DNR) pursuant to a Memorandum of Understanding (MOU). The MOU gives the
WDFW primary responsibility for conducting resource assessments and setting the total amount
of geoducks that can be harvested annually. The DNR has primary responsibility, according to
the MOU, for managing the state harvest and sale of geoducks, including the planning and
location of state sales.
Pursuant to a federal district court decision, Washington shares management authority over the
geoduck fishery with tribal co-managers. US v. Washington, 873 F. Supp 1422 (1994) [often
referred to as the "Rafeedie decision" after the judge who decided the case]. The Rafeedie
decision and a later decision [US v. Washington, 898 F. Supp 1453 (1995)] describe how the
court expects the state and the tribes to share equal portions of the sustainable harvest biomass of
any shellfish species, including geoduck. The state and tribal co-managers are directed by the
court to enter into management plans to implement the decision and to comply with the terms of
all management plans.
WDFW and DNR agreed in the MOU to jointly represent the state delegation in conversations
with area tribes concerning the state-tribal management of the subtidal geoduck fishery. Both
state agencies agreed to work together in adopting a unified state position on geoduck
management prior to presenting the state position to the tribal co-managers. The signatures of
both state agency directors appear on management plans entered into by the state and tribes.
Summary of Bill:
The role of the WDFW as the entity with the primary responsibility to identify commercial
geoduck tracks, conduct all geoduck resource assessments, and set the total allowable catch
limits for the harvest of geoducks from state-owned aquatic lands is required in statute. The
DNR is prohibited from substituting information from other sources when determining this
information.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.