AN ACT Relating to nonresident recreational licenses for food fish and shellfish; amending RCW 75.25.130, 75.25.140, 75.25.150, and 75.25.160; adding a new section to chapter 75.25 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 75.25 RCW to read as follows:

(1) A nonresident shellfish and food fish license is required for nonresident persons over the age of fifteen years to fish for, take, or possess shellfish and food fish for personal use from state waters or offshore waters. This license is not required to take, fish for, or possess Hood Canal shrimp, razor clams, or salmon for which a license is required under RCW 75.25.015, 75.25.020, or 75.25.100.

(2) An annual nonresident shellfish and food fish license is valid for the calendar year in which it is issued. The fee for an annual nonresident shellfish and food fish license is fifteen dollars.

(3) A two-day nonresident shellfish and food fish license may be issued to nonresidents who fish for food fish and shellfish other than razor clams, Hood Canal shrimp, and salmon. The fee for a two-day nonresident shellfish and food fish license is five dollars. Nonresident shellfish and food fish licenses are validated at the time of purchase by the signature of the license holder.

(4) A nonresident shellfish and food fish license is not required to harvest shellfish from private shellfish lands or farms.

(5) Nonresident scuba divers and skin divers over the age of fifteen years must possess a nonresident shellfish and food fish license to fish for, take, or possess shellfish and food fish other than razor clams, Hood Canal shrimp, and salmon.

(6) Revenues from the sale of nonresident shellfish and food fish licenses shall be deposited in the general fund and shall be appropriated for the resource management, enhancement, research, and enforcement functions of the shellfish and marine fish programs of the department of fisheries.

Sec. 2. Section 12, chapter 327, Laws of 1977 ex. sess. as last amended by section 7, chapter 80, Laws of 1984 and RCW 75.25.130 are each amended to read as follows:

Salmon angling licenses, Hood Canal shrimp licenses, nonresident shellfish and food fish licenses, and razor clam licenses shall be issued only under authority of the director. The director may authorize license dealers to issue the licenses and collect the license fees. In addition to the license fee, license dealers may charge a dealer's fee of twenty-five cents for salmon angling licenses and fifty cents for nonresident shellfish and food fish licenses, Hood Canal shrimp licenses, and razor clam licenses. The dealer's fee may be retained by the license dealer.

The director shall adopt rules for the issuance of salmon angling licenses, Hood Canal shrimp licenses, nonresident shellfish and food fish licenses, and razor clam licenses and for the collection, payment, and handling of license fees and dealers fees.

Sec. 3. Section 15, chapter 327, Laws of 1977 ex. sess. as last amended by section 8, chapter 80, Laws of 1984 and RCW 75.25.140 are each amended to read as follows:

(1) Salmon angling licenses, Hood Canal shrimp licenses, nonresident shellfish and food fish licenses, and razor clam licenses are not transferable. Upon request of a fisheries patrol officer or ex officio fisheries patrol officer, a person (a) digging for or possessing razor clams ((or)), (b) fishing for or possessing salmon for personal use ((or)), (c) conducting activities described in section 1 of this 1985 act, or (d) taking or possessing shrimp for personal use in that portion of Hood Canal lying south of the Hood Canal floating bridge, shall exhibit the required license and write his or her signature for comparison with the signature on the license. Failure to comply with the request is prima facie evidence that the person does not have a license or is not the person named on the license.

(2) The razor clam license shall be visible on the licensee while digging for razor clams.

Sec. 4. Section 99, chapter 46, Laws of 1983 1st ex. sess. as amended by section 9, chapter 80, Laws of 1984 and RCW 75.25.150 are each amended to read as follows:

It is unlawful to dig for or possess razor clams, fish for or possess anadromous salmon, conduct the activities described in section 1 of this 1985 act, or take or possess shrimp without the licenses required by this chapter.

Sec. 5. Section 16, chapter 327, Laws of 1977 ex. sess. as last amended by section 10, chapter 80, Laws of 1984 and RCW 75.25.160 are each amended to read as follows:

A person who violates a provision of this chapter or who knowingly falsifies information required for the issuance of a salmon angling license, Hood Canal shrimp license, nonresident shellfish and food fish license, or razor clam license is guilty of a misdemeanor and is subject to the penalties provided in chapter 9A.20 RCW.

NEW SECTION. Sec. 6. 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. 7. This act shall take effect January 1, 1986.