S-3322               _______________________________________________

                                                   SENATE BILL NO. 4548

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Vognild, Metcalf, Conner, DeJarnatt and Rasmussen

Read first time 1/15/86 and referred to Committee on Natural Resources.

AN ACT Relating to commercial salmon fishing; amending RCW 75.28.020 and 75.28.030; adding a new section to chapter 75.10 RCW; and providing an effective date.

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

        Sec. 1.  Section 75.28.020, chapter 12, Laws of 1955 as last amended by section 104, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.020 are each amended to read as follows:

          (1) The department may only issue a commercial license to a person who is sixteen years of age or older and who is a citizen and a bona fide resident of the United States.  A person who is authorized by Indian tribal authorities to fish as an Indian tribal salmon fisherman is not eligible for a department-issued commercial salmon fishing license.  The deckhand license required by RCW 75.28.690 may be issued to persons under sixteen years of age.  The department may only issue a commercial license to a corporation if it is authorized to do business in this state.  A valid Oregon license which is comparable 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 comparable Washington license.

        Sec. 2.  Section 75.28.030, chapter 12, Laws of 1955 as last amended by section 105, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.030 are each amended to read as follows:

          Except as otherwise provided in this title, the director shall issue commercial licenses and permits to a qualified person, upon the receipt of an application accompanied by the required fee.  Applications shall be submitted on forms provided by the department.  Applicants for commercial licenses and permits shall indicate at the time of application the species of food fish or shellfish they intend to take and the type of gear they intend to use.  An applicant for a commerical salmon license shall submit a notarized declaration stating whether or not the applicant has been granted the privilege to fish as an Indian tribal salmon fisherman.

NEW SECTION. Sec. 3.  A new section is added to chapter 75.10 RCW to read as follows:

          Fish buyers, wholesale dealers, and branch plants, which purchase salmon from both department-licensed commercial fishermen and Indian tribal salmon fishermen, shall accurately report to the department the number of salmon purchased from non-Indian fishermen and Indian tribal fishermen respectively.  Failure to comply with this section shall result in license revocation for a period of five years.

NEW SECTION. Sec. 4.     This act shall take effect on January 1, 1987.

NEW SECTION. Sec. 5.     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.