BP BHEAD INT H

AN ACT Relating to commercial shrimp fishing licenses; amending RCW 75.30.050; adding new sections to chapter 75.30 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that the commercial shrimp fishery has the potential to become overcapitalized. The legislature further finds that overcapitalization can lead to economic hardship, and that reductions in fishing opportunities from future licensing restrictions create uncertainty. It is in the best interest of the shrimp resource and commercial shrimp fishers in the state to be proactive, as has the state of Oregon, by limiting further entry into the commercial shrimp fishery.

NEW SECTION. Sec. 2. It is unlawful to deliver pink shrimp caught in the ocean without a pink shrimp endorsement issued to a vessel. An endorsement is not required to take other species of shrimp including Hood Canal shrimp. An endorsement shall be issued to a vessel that:

(1) Landed five thousand pounds of pink shrimp in Washington in any single year before December 31, 1992, as documented by a valid shellfish receiving ticket;

(2) Was in the process on December 31, 1992, of constructing a vessel for the primary purposes of ocean pink shrimp harvest. An endorsement issued under this subsection expires December 31, 1994, unless the individual lands five thousand pounds of pink shrimp in Washington before December 31, 1994; or

(3) Is a replacement vessel for a vessel with a prior endorsement.

NEW SECTION. Sec. 3. A pink shrimp endorsement is transferable only from a vessel that has, in each of the two years before the proposed transfer, landed five thousand pounds of pink shrimp in Washington. A pink shrimp endorsement is renewable each year upon payment by a pink shrimp endorsement holder of the annual delivery license fee established in RCW 75.28.125.

Sec. 4. RCW 75.30.050 and 1990 c 61 s 3 are each amended to read as follows:

(1) The director shall appoint three-member advisory review boards to hear cases as provided in RCW 75.30.060. Members shall be from:

(a) The salmon charter boat fishing industry in cases involving salmon charter boat licenses or angler permits;

(b) The commercial salmon fishing industry in cases involving commercial salmon licenses;

(d) The commercial herring fishery in cases involving herring validations;

(e) The commercial Puget Sound whiting fishery in cases involving Puget Sound whiting license endorsements;

(f) The commercial sea urchin fishery in cases involving sea urchin endorsements to shellfish diver licenses; ((~~and~~))

(g) The commercial sea cucumber fishery in cases involving sea cucumber endorsements to shellfish diver licenses; and

(h) The commercial ocean pink shrimp industry in cases involving ocean pink shrimp endorsements to shellfish delivery permits.

(2) Members shall serve at the discretion of the director and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 5. The director may reduce or waive any landing requirement established under section 2 or 3 of this act upon the recommendation of an advisory review board established under RCW 75.30.050. The advisory review board may recommend a reduction or waiver of the landing requirement in individual cases if in the board's judgment, extenuating circumstances prevent achievement of the landing requirement. The director shall adopt rules governing the operation of the advisory review board and defining "extenuating circumstances."

NEW SECTION. Sec. 6. An individual or vessel that holds valid commercial fishing permits required by or issued pursuant to the laws of another state may land pink shrimp in this state that were taken in the ocean pink shrimp fishery without the endorsement required in section 2 of this act if the individual or vessel obtains a single delivery license required under RCW 75.28.125, and if that individual lands pink shrimp only six times within any calendar year.

NEW SECTION. Sec. 7. Sections 2, 3, 5, and 6 of this act are each added to chapter 75.30 RCW.