BILL REQ. #:  S-3976.1 

Read first time 01/25/10.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to the sale of surplus salmon from state hatcheries; amending RCW 77.12.451 and 77.95.070; creating a new section; and declaring an emergency.

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

Sec. 1   RCW 77.12.451 and 1990 c 36 s 1 are each amended to read as follows:
     (1) The director may take or remove any species of fish or shellfish from the waters or beaches of the state.
     (2) The director may sell food fish or shellfish caught or taken during department test fishing operations.
     (3) The director ((shall not sell inedible salmon for human consumption.)) may give salmon and carcasses ((may be given)) to state institutions or schools or to economically depressed people, unless the salmon are unfit for human consumption. ((Salmon not fit for human consumption may be sold by the director for animal food, fish food, or for industrial purposes.))
     (4) ((In the sale of)) (a) The director may sell surplus salmon from state hatcheries, including eggs and carcasses. In selling surplus salmon, the director must give priority to a regional fishery enhancement group authorized under RCW 77.95.060, or a coalition of regional fisheries enhancement groups, that agrees to handle collection, distribution, and disposal of the surplus salmon for all state hatcheries for a term of five years or more.
     (b) The ((division of purchasing shall)) director may require that a portion of the surplus salmon be processed and either returned to the state for distribution or distributed directly by the purchaser to state institutions or food banks. The processed salmon ((shall)) must be fit for human consumption and in a form suitable for distribution to individuals. ((The division of purchasing shall establish)) If established, the required percentage must be set at a level that does not discourage competitive bidding for the surplus salmon. The measure of the percentage is the combined value of all of the surplus salmon sold. ((The department of social and health services shall distribute the processed salmon to economically depressed individuals and state institutions pursuant to rules adopted by the department of social and health services.))
     (c) The director may not sell inedible salmon for human consumption. However, the director may sell salmon not fit for human consumption for animal food, fish food, or for industrial purposes under (a) of this subsection.

Sec. 2   RCW 77.95.070 and 2000 c 107 s 105 are each amended to read as follows:
     (1) Regional fisheries enhancement groups, consistent with the long-term regional policy statements developed under RCW 77.95.020, shall seek to:
     (((1))) (a) Enhance the salmon and steelhead resources of the state;
     (((2))) (b) Maximize volunteer efforts and private donations to improve the salmon and steelhead resources for all citizens;
     (((3) Assist the department in achieving the goal to double the statewide salmon and steelhead catch by the year 2000;)) and
     (((4))) (c) Develop projects designed to supplement the fishery enhancement capability of the department.
     (2) Regional fisheries enhancement groups may purchase surplus salmon from state hatcheries under RCW 77.12.451.

NEW SECTION.  Sec. 3   This act applies prospectively to the sale of surplus salmon from state hatcheries, including eggs and carcasses, on or after the effective date of this section. This act does not void or otherwise affect any contract relating to the sale of surplus salmon existing prior to the effective date of this section.

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 June 1, 2010.