1940-S

AN ACT Relating to fishing guides; amending RCW 77.32.211, 75.28.010, 75.28.710, and 75.28.780; adding new sections to chapter 77.32 RCW; creating a new section; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that fishing guides from Oregon and Idaho share the waters of the Columbia and Snake rivers, respectively. Reciprocity allowing recognition of the other states' fishing guide licenses does not currently exist on either river. Both the Idaho and Oregon legislatures enacted legislation during the last legislative session allowing recognition of the Washington license on these rivers only if certain conditions were met. Further, the Oregon legislature increased its guide fees for nonresidents to levels equivalent to Washington's guide fees for nonresidents, representing a substantial increase for Washington guides fishing in Oregon. The legislature intends that standards for fishing guide licenses be developed that allow parity between the three states, encourage reciprocal recognition of licenses, and that facilitate enforcement.

NEW SECTION. Sec. 2. A new section is added to chapter 77.32 RCW to read as follows:

(1) Beginning January 1, 1995, it is unlawful to operate in the state of Washington as a guide for game fish or salmon without a license issued by the director and without current first aid and cardiopulmonary resuscitation certification and a current liability insurance policy.

(2) An applicant for a guide license shall pay the required license fee and provide evidence of the following:

(a) A current first aid certification issued by the American Red Cross or equivalent;

(b) A current cardiopulmonary resuscitation certification; and

(c) Liability insurance coverage of a minimum of three hundred thousand dollars per claim for bodily injury or property damage caused by the acts of the licensee or the licensee's employees.

(3) After January 1, 1995, the department may adopt rules specifying any additional licensing requirements that it determines are necessary.

(4) A violation of this section is a gross misdemeanor.

NEW SECTION. Sec. 3. A new section is added to chapter 77.32 RCW to read as follows:

The department shall issue a single license document for fishing guides and salmon guides, as defined in RCW 77.32.211 and 75.28.010, respectively. The license shall designate whether the guide is licensed to fish for game fish, salmon, or both. Each license issued shall be effective for the remainder of the calendar year in which it is purchased.

Sec. 4. RCW 77.32.211 and 1991 sp.s. c 7 s 4 are each amended to read as follows:

(1) A taxidermy license allows the holder to practice taxidermy for profit. The fee for this license is one hundred eighty dollars.

(2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs for profit. The fee for this license is one hundred eighty dollars.

(3) A fishing guide license allows the holder to offer or perform the services of a professional guide in the taking of game fish. The fee for this license is one hundred eighty dollars for ((a)) both residents and ((~~six hundred dollars for a~~)) nonresidents.

(4) A game farm license allows the holder to operate a game farm to acquire, breed, grow, keep, and sell wildlife under conditions prescribed by the rules adopted pursuant to this title. The fee for this license is seventy-two dollars for the first year and forty-eight dollars for each following year.

(5) A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the commission. The fee for this permit is twenty-four dollars.

(6) A fishing or field trial permit allows the holder to promote, conduct, hold, or sponsor a fishing or field trial contest in accordance with rules of the commission. The fee for a fishing contest permit is twenty-four dollars. The fee for a field trial contest permit is twenty-four dollars.

(7) An anadromous game fish buyer's license allows the holder to purchase or sell steelhead trout and other anadromous game fish harvested by Indian fishermen lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director. The fee for this license is one hundred eighty dollars.

(8) A valid Oregon fishing guide license that is equivalent to a license issued under subsection (3) of this section is valid in the concurrent waters of the Columbia river if the state of Oregon recognizes as valid the equivalent Washington license. A valid Idaho fishing guide license that is equivalent to a license issued under subsection (3) of this section is valid in the concurrent waters of the Snake river if the state of Idaho recognizes as valid the equivalent Washington license. The director may identify by rule which Oregon and Idaho licenses are equivalent.

Sec. 5. RCW 75.28.010 and 1993 c 340 s 2 are each amended to read as follows:

(1) Except as otherwise provided by this title, it is unlawful to engage in any of the following activities without a license or permit issued by the director:

(a) Commercially fish for or take food fish or shellfish;

(b) Deliver food fish or shellfish taken in offshore waters;

(d) Engage in processing or wholesaling food fish or shellfish; or

(e) Act as a guide for salmon for personal use in freshwater rivers ((~~and~~)), streams, and lakes, other than that part of the Columbia river below the bridge at Longview and Lake Washington.

(2) No person may engage in the activities described in subsection (1) of this section unless the licenses or permits required by this title are in the person's possession, and the person is the named license holder or an alternate operator designated on the license.

(3) A valid Oregon license that is equivalent to a license under this title is valid in the concurrent waters of the Columbia river if the state of Oregon recognizes as valid the equivalent Washington license. The director may identify by rule what Oregon licenses are equivalent.

(4) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

Sec. 6. RCW 75.28.710 and 1993 c 340 s 26 are each amended to read as follows:

(1) It is unlawful to offer or perform the services of a professional salmon guide in the taking of salmon for personal use in freshwater rivers ((~~and~~)), streams, and lakes, other than in that part of the Columbia river below the bridge at Longview and Lake Washington, without a professional salmon guide license.

(2) Only an individual at least sixteen years of age may hold a professional salmon guide license. No individual may hold more than one professional salmon guide license.

Sec. 7. RCW 75.28.780 and 1993 sp.s. c 17 s 42 are each amended to read as follows:

The director shall issue the personal licenses listed in this section according to the requirements of this title. The licenses and their annual fees are:

Personal License Annual Fee Governing

(RCW 75.50.100 Surcharge) Section

Resident Nonresident

(1) Alternate Operator $ 35 $ 35 RCW 75.28.048

(2) Geoduck Diver $185 $295 RCW 75.28.750

(3) Salmon Guide $130 ((~~$630~~)) RCW 75.28.710

$130

(plus $20) (plus $100)

NEW SECTION. Sec. 8. This act shall take effect January 1, 1995.