BP BHEAD INT S

AN ACT Relating to non-Puget Sound coastal commercial crab fishery; amending RCW 75.30.050; adding new sections to chapter 75.30 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that the other than Puget Sound commercial crab fishery off the Washington coast is overcapitalized. The legislature further finds that overcapitalization can lead to economic hardship and potentially excessive harvesting pressures on the natural coastal crab resources of Washington state. It is in the best interest of the coastal crab resource and coastal commercial crab fishers in the state to be proactive, as is now underway in the states of Alaska, Oregon, and California, by limiting entry into the Washington state coastal crab fishery.

NEW SECTION. Sec. 2. (1) Effective December 1, 1993 it is unlawful to take, or land, dungeness crab (Cancer magister) in Washington coastal waters without a commercial other than Puget Sound crab pot license and crab pot license endorsement. A crab pot license endorsement is not required to take other species of crab, including red rock crab (Cancer productus).

(2) A commercial crab pot license endorsement shall be issued to a vessel that:

(a) Held a valid Washington state commercial other than Puget Sound crab pot license or delivery permit in any two of the qualifying seasons, as defined in section 6 of this act, between December 1, 1988, and September 15, 1991, and maintained a valid Washington state other than Puget Sound commercial crab pot license between December 1, 1991, and December 1, 1993;

(b) Actively participated in the Washington state other than Puget Sound commercial crab pot fishery as evidenced by a minimum of eight landings, each season, in at least two of the three qualifying seasons;

(c) Landed a minimum of five thousand pounds, each season, of coastal dungeness crab in two of the three qualifying seasons as documented by valid Washington state coastal crab receiving tickets.

(3) Vessels qualifying for a crab pot license endorsement under this section shall not be required to make additional deliveries annually to retain an endorsement after December 1, 1993. Endorsed other than Puget Sound commercial crab pot licenses must be renewed annually after December 1, 1993, in order to remain a qualified vessel within the other than Puget Sound commercial crab fishery.

(4) Where the failure to obtain a valid license in any one of the seasons between December 1, 1988, and December 1, 1993, was the result of a license suspension, the vessel may still qualify by establishing that the vessel held such a license in two of the qualifying seasons, and that the vessel met or exceeded the minimum eight landings and five thousand pound per season requirements of this section.

(5) An endorsement may be requested for a vessel that was, prior to September 15, 1991, under construction for the primary purpose of non-Puget Sound commercial ocean crab fishing off the Washington coast, subject to the concurrence of the advisory board established under RCW 75.30.050(1)(h). An endorsement issued under this subsection will expire on December 1, 1994, unless the individual makes at least eight landings totaling a minimum of five thousand pounds prior to December 1, 1994. An endorsement may also be issued under this subsection if a vessel under construction prior to September 15, 1991, is a replacement vessel for a vessel meeting the qualification requirements specified in subsection (2) of this section. Issuance of an endorsement under this subsection shall be subject to the concurrence of the advisory board established under RCW 75.30.050(1)(h) and approval by the director.

(6) Vessels denied an other than Puget Sound commercial crab pot license endorsement for failure to meet the qualification requirements of this section shall have up to December 1, 1994, to appeal for reconsideration and qualification as an endorsed vessel.

(7) The director may reduce or waive the landing requirements established under subsection (2) (b) and (c) of this section upon the recommendation of an advisory board established under RCW 75.30.050(1)(h). The advisory board may recommend a reduction or waiver of the landing requirements if, in the board's judgment, extenuating circumstances prevented achievement of the landing requirements. The director may also waive the transferability requirements established under section 3 (1) and (2) of this act upon the recommendation of an advisory board established under RCW 75.30.050(1)(h) in the case of extenuating circumstances. The director shall adopt rules governing the operation of the advisory board and defining "extenuating circumstances."

NEW SECTION. Sec. 3. (1) There shall be no restriction on the transfer of other than Puget Sound commercial crab pot license endorsements in regard to an endorsed vessel that is sold. An other than Puget Sound commercial crab pot license endorsement is otherwise transferable, subject to the following considerations:

(a) Nonemergency transfers between vessels shall be restricted to one transfer in any two consecutive seasons when such transfers are to vessels of the same hull measurement, or less, as defined by section 6 of this act.

(b) Transfers shall be permitted to newly acquired vessels once in every five consecutive seasons as long as the new vessel is not more than ten feet over the hull measurement of the vessel being replaced, as defined by section 6 of this act, when the vessel owner remains unchanged, except when extenuating circumstances exist as defined by the director.

(2) In the case of total vessel loss, the restrictions of subsection (1) of this section shall not prevent changes in vessel operator or transfers between vessels of comparable qualifying hull measurement.

(3) If an endorsed vessel is sold, the other than Puget Sound commercial crab pot license endorsement and history shall remain with the vessel unless the endorsement had been previously transferred to a different vessel.

(4)(a) Emergency transfers shall be permitted subject to documentation that must include an estimate for expected down time. The director may grant up to sixty-day emergency temporary transfers, with extensions, as may be deemed reasonable and necessary, based upon fact and prevailing circumstances. A vessel receiving a temporary license as the result of an emergency transfer may not exceed the hull measurement of the transferring vessel by more than ten feet. Other than Puget Sound commercial crab pot license endorsements must be transferred back to the vessel of origin once an emergency condition is over except where total vessel loss has occurred.

(b) In the event of an approved emergency transfer, the license shall remain at the original hull measurement regardless of the size of the vessel receiving the emergency transfer, and in the case of total vessel loss, the permanent transfer criteria stated in subsection (1) of this section shall apply.

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 coastal dungeness crab fishing industry in cases involving other than Puget Sound commercial crab pot license endorsements.

(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. (1) Subject to the recommendation of an advisory board established in RCW 75.30.050(1)(h) and approval of the director, an other than Puget Sound commercial crab pot license endorsement shall be issued to Oregon vessels not having a delivery history in Washington, to fish north of the Columbia river to latitude 46, 30 degrees north, provided that:

(a) The applicants held a valid Washington other than Puget Sound commercial crab pot license during at least two of the three qualifying seasons; and

(b) Applicants provide catch evidence, in the form of crab fishing history for Washington waters, during at least two of the three qualifying seasons.

(2) Other than Puget Sound commercial crab pot license endorsements for Oregon vessels under this section shall be limited to commercial crab fishing vessels that fished from Oregon Columbia river ports between December 1, 1988, and December 1, 1993.

(3) This section shall become effective contingent upon reciprocal agreement with the state of Oregon providing for equal access for Washington coastal crab fishers from Columbia river ports to Oregon waters.

NEW SECTION. Sec. 6. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2, 3, and 5 of this act.

(1) "Hull measurement" means a measurement made from the extreme points on the stern to the bow, excluding extensions such as bow sprints or stern extensions, on a horizontal plane at right angles to the plane. Hull measurement documentation shall be considered valid only when such measurements are from Washington state approved sources, United States marine documentation sources, or by a certified marine surveyor.

(2) "Qualifying seasons" means:

Year one: December 1, 1988, through September 15, 1989;

Year two: December 1, 1989, through September 15, 1990; and

Year three: December 1, 1990, through September 15, 1991.

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