BILL REQ. #:  Z-0097.3 

Read first time 01/20/11.   Referred to Committee on Natural Resources & Marine Waters.

     AN ACT Relating to recreational fishing opportunities; amending RCW 77.105.005, 77.105.020, 77.105.030, 77.105.050, and 77.105.160; adding a new section to chapter 77.105 RCW; and repealing RCW 77.105.040, 77.105.060, 77.105.070, 77.105.080, 77.105.090, 77.105.100, 77.105.110, 77.105.120, and 77.105.130.

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

Sec. 1   RCW 77.105.005 and 1993 sp.s. c 2 s 82 are each amended to read as follows:
     (1) The legislature finds the sheltered waters of Puget Sound (waters east of the Sekiu river) have historically provided the citizens of the state with the safest and most convenient access to productive marine recreational fishing.
     (2) The legislature ((finds that recreational fishing opportunities for salmon and marine bottomfish have been dwindling in recent years. It is important to restore diminished recreational fisheries and to enhance the salmon and marine bottomfish resource to assure sustained productivity)) further recognizes the economic value in restoring and rebuilding the recreational fishing opportunities in Puget Sound for salmon and marine bottomfish, and that these opportunities have declined in the past two decades. Investments made in recreational fishing programs will repay the people of the state many times over in increased economic activity and in an improved quality of life.
     (3) It is the intent of the legislature to improve recreational fishing opportunities in Puget Sound and Lake Washington from current levels and increase the economic benefits from the fishery, particularly recognizing the unique recreational experience provided by the winter salmon fishery. In addition, the legislature has determined that the number of angler trips expended in these waters is the measure of fishing opportunity.

Sec. 2   RCW 77.105.020 and 1993 sp.s. c 2 s 84 are each amended to read as follows:
     (1) Consistent with available revenue, commission policies, tribal comanager agreements, and limitations of the endangered species act, the department, in consultation with the oversight committee created in RCW 77.105.160, shall adaptively manage the Puget Sound recreational salmon and marine fish enhancement program to maximize the benefits to the Puget Sound recreational fishery.
     (2) The department has the following duties:
     (a) The department shall((: Develop a short-term)) utilize a program of hatchery-based salmon enhancement ((using freshwater pond sites for the final rearing phase;)) and solicit support from cooperative projects, regional enhancement groups, and other supporting organizations((;)) to improve recreational salmon fishing in Puget Sound.
     (b) The department may conduct comprehensive research on resident and migratory salmon production opportunities((; and conduct research)) on marine bottomfish production limitations, and on methods for artificial propagation of depleted marine bottomfish.
     ((Long-term responsibilities of the department are to: Fully implement enhancement efforts for Puget Sound and Hood Canal resident salmon and marine bottomfish; identify opportunities to reestablish salmon runs into areas where they no longer exist; encourage naturally spawning salmon populations to develop to their fullest extent; and fully utilize hatchery programs to improve recreational fishing.))
     (c) The program must facilitate continued and improved recreational fishing opportunities in Puget Sound and Lake Washington as measured by increased angler trips of participation. The coordinator, as identified in RCW 77.105.010, shall assist the oversight committee with development of recommendations for outcome-based goals and objectives to assess the effectiveness of the program.
     (d) The director shall meet with the oversight committee each year to review and approve these goals and objectives.
     (e) The director and oversight committee shall report annually to the commission on the goals of the program and the effectiveness of the program in meeting those goals. Objectives include, but are not limited to, an increase in salmon and bottomfish angler trips.
     (f) The department and the oversight committee shall seek to reach consensus regarding program activities and expenditures. The department shall provide the oversight committee with a written explanation when the department expends funds from the recreational fisheries enhancement account that differs substantially from oversight committee recommendations.
     (g) Consistent with RCW 43.01.036, the department and oversight committee shall make a joint report to the legislature on the effectiveness of this program in biennial reports. Reports must include the goals and objectives of the previous biennium and a determination of whether the goals and objectives were met and an explanation if the department did not meet these specific objectives.

Sec. 3   RCW 77.105.030 and 1993 sp.s. c 2 s 85 are each amended to read as follows:
     The department ((shall)) may seek recommendations from persons who are expert on the planning and operation of programs for enhancement of recreational fisheries. The department ((shall fully)) may use the expertise of the University of Washington ((college of fisheries)) school of aquatic and fishery sciences and the sea grant program to develop research and enhancement programs.

NEW SECTION.  Sec. 4   A new section is added to chapter 77.105 RCW to read as follows:
     The department shall utilize artificial rearing of salmon to improve recreational salmon fishing in Puget Sound. In managing salmon, the department shall seek to develop and implement methods that will increase recreational angling opportunities. These methods may include, but are not limited to, the following tools:
     (1) Utilization of salmon artificial rearing techniques that contribute to the recreational fisheries in Puget Sound, especially winter salmon fishing.
     (2) Optimum use of hatchery salmon through expanded recreational mark-selective fisheries.
     (3) Utilization of recreational salmon and marine fish enhancement program funds for catch monitoring when required to increase recreational mark-selective fisheries.
     (4) Consideration of new catch and release recreational fisheries utilizing gear and methods known to minimize hooking mortality.
     (5) Providing public information regarding angling opportunities and fishing methods.

Sec. 5   RCW 77.105.050 and 1993 sp.s. c 2 s 87 are each amended to read as follows:
     The department ((shall)) may conduct research, develop methods, and implement programs for the artificial rearing and release of marine bottomfish species. ((Lingcod, halibut, rockfish, and Pacific cod shall be the species of primary emphasis due to their importance in the recreational fishery.)) Marine bottomfish species of importance in the recreational fishery are the primary emphasis. The department may use artificial habitats to restore and mitigate for degraded rockfish habitats and enhance recreational opportunities.

Sec. 6   RCW 77.105.160 and 2003 c 173 s 2 are each amended to read as follows:
     (1) The Puget Sound recreational fisheries enhancement oversight committee is created. The director shall appoint at least seven members representing sport fishing ((organizations)) interests to the committee from a list of applicants, ensuring broad representation from the sport fishing community. Each member shall serve for a term of two years, and may be reappointed for subsequent two-year terms at the discretion of the director. Members of the committee serve without compensation.
     (2) The Puget Sound recreational fisheries enhancement oversight committee has the following duties:
     (a) Advise the department on all aspects of the Puget Sound recreational fisheries enhancement program;
     (b) Develop recommendations, with assistance from the coordinator, for outcome-based goals and objectives to assess the effectiveness of the program;
     (c) Meet with the director each year to review these goals and objectives;
     (d) Report annually with the director to the commission on the goals of the program and the effectiveness of the program in meeting those goals;
     (e) Review and provide guidance on the annual budget for the recreational fisheries enhancement account;
     (((c))) (f) Select a chair of the committee. It is the chair's duty to coordinate with the department on all issues related to the Puget Sound recreational fisheries enhancement program;
     (((d))) (g) Meet at least quarterly with the department's coordinator as identified in RCW 77.105.010 of the Puget Sound recreational fisheries enhancement program;
     (((e))) (h) Review and comment on program documents and proposed production of salmon and other species; ((and
     (f))) (i) Address other issues related to the purposes of the Puget Sound recreational fisheries enhancement program that are of interest to recreational fishers in Puget Sound; and
     (j) Consistent with RCW 43.01.036, make a joint report with the department to the legislature each biennium on the status of the program.

NEW SECTION.  Sec. 7   The following acts or parts of acts are each repealed:
     (1) RCW 77.105.040 (Delayed-release chinook salmon -- Freshwater rearing) and 1993 sp.s. c 2 s 86;
     (2) RCW 77.105.060 (Additional research) and 1993 sp.s. c 2 s 88;
     (3) RCW 77.105.070 (Siting process for enhancement projects--Cooperation with other entities) and 1994 c 264 s 47 & 1993 sp.s. c 2 s 89;
     (4) RCW 77.105.080 (Public awareness program) and 1993 sp.s. c 2 s 90;
     (5) RCW 77.105.090 (Management of predators) and 1993 sp.s. c 2 s 91;
     (6) RCW 77.105.100 (Plans to target hatchery-produced fish--Participation by fishing interests -- Feasibility of increased survival and production of chinook and coho salmon) and 1993 sp.s. c 2 s 92;
     (7) RCW 77.105.110 (Coordination of sport fishing program with wild stock initiative) and 1993 sp.s. c 2 s 93;
     (8) RCW 77.105.120 (Increased recreational access to salmon and marine fish resources -- Plans) and 1993 sp.s. c 2 s 94; and
     (9) RCW 77.105.130 (Recreational fishing projects -- Contracting with entities) and 1993 sp.s. c 2 s 95.