S-0315.1           _______________________________________________
                                  SENATE BILL 5455
                   _______________________________________________
State of Washington               56th Legislature             1999 Regular Session
By Senators Fraser, Swecker, Prentice, Costa, Fairley, Jacobsen andEide
Read first time 01/22/1999.  Referred to Committee on Natural
Resources, Parks & Recreation.
     AN ACT Relating to anadromous salmonid fishing; adding new sections
to chapter 77.12 RCW; creating a new section; and making anappropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     {+ NEW SECTION. +}  Sec. 1.  (1) The legislature finds that:
     (a) Sport fishing is an enjoyable, healthy, lifelong activity that
is enjoyed by many families;
     (b) Anadromous salmonids are a treasure of the state of Washington
that provide unparalleled sport fishing opportunities;
     (c) Without proper care and consideration, Washington's anadromous
salmonids and their spawning grounds can be unintentionally hurt by
sport fishers, with long-term consequences for the survival of thespecies;
     (d) Every effort that is made to help preserve the precious
resource of anadromous salmonids in Washington, no matter how small, is
important;     (e) It can often be difficult to distinguish between species of
anadromous salmonids and sport fishers may unintentionally take a
scarce fish that is needed for species protection;
     (f) Catch and release fishing is beneficial to both sport fishers
and fish but must be done properly to prevent harm to the fish;
     (g) The state's fishing laws and rules are useful for preserving
our fishing resources but, without study, can be difficult for sport
fishers to locate and follow;
     (h) There is a need for young sport fishers to be educated as to
what they can do to enjoy their sport while helping to preserve the
fish and environment;
     (i) It is in the state's best interests to educate sport fishers,
young and old;
     (j) It is necessary for the preservation of the species that all
young sport fishers who engage in sport fishing in Washington are
educated about anadromous salmonids; and
     (k) Education and outreach are vital components of a long-term
protection and recovery strategy for the state.
     (2) The legislature therefore declares that all young sport
fishers, and sport fishers of any age who wish to, should be educated
about identification of anadromous salmonid types, catch and release
techniques, spawning bed and stream bank identification and protection,
and the location and knowledge of fishing rules.
     {+ NEW SECTION. +}  Sec. 2.  The definitions in this section apply
throughout sections 2 and 3 of this act unless the context clearly
requires otherwise.
     (1) "Anadromous salmonid" and its derivatives means any of the
following types of fish:  Salmon of any variety, steelhead trout, and
searun cutthroat trout.
     (2) "To fish" and its derivatives means an effort to kill, injure,
harass, or catch a game fish.
     {+ NEW SECTION. +}  Sec. 3.  (1) All residents of this state under
the age of eighteen shall carry with them, while fishing for anadromous
salmonids, a certification of completion of a state-approved course of
instruction of two to four hours addressing identification of salmon
types, catch and release techniques, spawning bed and stream bank
identification and protection, and location and knowledge of fishing
laws and rules.  Any nonresident of this state under the age of
eighteen who wishes to fish for anadromous salmonids must either pass
the examination established in this section or must be accompanied by
someone who has passed the examination.
     (2) The director shall establish a program for training persons in
the identification of:     (a) Salmon types;
     (b) Catch and release reasoning, equipment, and techniques;
     (c) Spawning bed and stream bank identification and protection; and
     (d) The location and knowledge of fishing laws and rules.
     (3) The training program is available to all people.  The director
shall establish an examination to be taken by those residents who have
completed the instruction and by those nonresidents who wish to sport
fish for anadromous salmonids in this state.  A certificate of
completion, which is required to be possessed by a sport fisher under
age eighteen, shall only be issued upon the successful completion of
the examination.
     (4) The director may cooperate with organized fishing or sporting
groups and other public or private organizations in order to administer
the program at the lowest possible cost.  The director may apply for
funding from alternate sources, both governmental and nongovernmental,
in order to lower the cost of the program to the participants.
     (5) The director shall by rule prescribe the type of instruction
and the qualifications of the instructors.  The director shall
authorize instructors of this program.  Course materials should include
color reference materials that are designed for easy field use.
     (6) The director shall assess a fee on class participants as
necessary to cover the costs of administering the program.
     (7) Upon successful completion of the course, which shall include
a knowledge test and may, if feasible, include a skills test, a trainee
shall receive a fisher education certificate signed by an authorized
instructor.  The certificate is evidence of compliance with thissection.
     (8) The director may accept certificates awarded by other states
that conduct substantially similar courses as evidence of compliance
with this section.
     (9) Every charter boat that offers anadromous salmonid fishing to
the general public shall have at least one authorized instructor of the
program created in this section on board at each sailing.  That
instructor shall directly oversee and participate in the fishing
activity that occurs on the voyage.
     {+ NEW SECTION. +}  Sec. 4.  Sections 2 and 3 of this act are each
added to chapter 77.12 RCW.
     {+ NEW SECTION. +}  Sec. 5.  If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
     {+ NEW SECTION. +}  Sec. 6.  The sum of . . . . . dollars, or as
much thereof as may be necessary, is appropriated from the general fund
to the department of fish and wildlife for the fiscal year ending June
30, 2000, to carry out the purposes of this act.
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