AN ACT
Relating to commercial crab fishing in coastal waters; adding a new section to
chapter 75.30 RCW; creating new sections; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that a significant commercial crab fishery exists in the
coastal waters of Washington, Oregon, and California. The legislature finds
that the Washington coastal crab fishery represents a separate and distinct
fishery from that of the Puget Sound licensing district and that it is limited
in quantity. Crab fishing, however, is an attractive alternative to fishers
who face increased restrictions on other commercial fisheries of the state and
region. The legislature finds that there is potential for an economically
distressed and disorderly fishery due to the potential increase in the number
of crab fishers. Based upon these circumstances, the legislature needs
additional information to determine whether it should make substantial changes
in the future management and licensing of the coastal crab fishery, including
but not limited to, future restrictions on the number of fishers in the coastal
crab fishery.
NEW
SECTION. Sec. 2. A new
section is added to chapter 75.30 RCW to read as follows:
(1)
The department of fisheries, as a member of the Pacific States Marine Fisheries
Commission, shall participate, along with the member states of Oregon and
California and the coastal crab industry, in a coast-wide study conducted by
the Pacific States Marine Fisheries Commission of the Dungeness crab fishery
and report upon:
(a)
The biological status of the coast-wide crab resource;
(b)
The optimum number of fishers, vessels, licenses, and gear in the coastal crab
fishery of each state for purposes of wise use of the resource and orderly
management of the coast-wide crab fishery;
(c)
The number of fishers, vessels, licenses, and the amount of gear currently used
in the coast-wide crab fishery;
(d)
The feasibility of and need for coordinated and concurrent legislative action
by the states of Washington, Oregon, and California to manage the Pacific
coastal crab resource;
(e)
Any advantages and disadvantages of establishing future limits on the issuance
of new Washington coastal commercial crab fishing licenses under RCW
75.28.130(4) or other limits on entry into the coastal crab fishery; and
(f)
The potential for increase in the number of or fishing capacity of coastal crab
fishers.
The
department shall submit the results of the study, recommendations of the
department, and comments by the industry and the public to the governor and the
legislature no later than June 30, 1993.
(2)
This section does not impose a moratorium on issuance of licenses to allow
participation in the coastal crab fishery. After considering the results and
recommendations of the study referred to in subsection (1) of this section, the
legislature may consider limitations on the issuance of licenses to reduce the
number of fishers or vessels, the amount of gear in the coastal crab fishery,
and vessel fishing capacity.
(3) A
fisher or vessel that obtains a license necessary to participate in the coastal
crab fishery on and after September 15, 1991, is informed that the fisher or
vessel may be precluded, at a future date, from participation in the coastal
crab fishery. The legislature will review the study described in this section
and determine the appropriate course of action to manage the coastal crab
fishery. Future legislative action may include restrictions on the issuance of
coastal crab licenses to fishers who were not licensed as of the effective date
of this act or restrictions of participation of fishers or vessels that have
not demonstrated substantial participation in the Washington coastal crab
fishery before September 15, 1991.
NEW
SECTION. Sec. 3. Concurrent
with the submission of the study referred to in section 2 of this act, the
department of fisheries shall provide the legislature with a report indicating
the number of new entrants in the Washington coastal crab fishery after
September 15, 1991. Additionally, the report shall include the date on which
the new entrant obtained a coastal crab license and the number and type of
additional Washington commercial fishing licenses held by the new entrant.
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 shall take effect immediately.
