S-0315.1
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SENATE BILL 5455
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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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