H-4373

AN ACT Relating to commercial salmon licenses; amending RCW 75.28.035 and 75.30.120; adding a new section to chapter 75.30 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. (1) The legislature finds that commercial salmon fishing is an important part of the state's tradition and economy but that trends in resource depletion and actions by the federal government protecting numerous species threaten the industry's long-term viability. Since it is in the best interest of the state to maintain an economically viable and stable commercial salmon fishing industry, the legislature finds that a reduction in the number of commercial salmon fishing licenses would provide a positive benefit to the state, the commercial salmon industry, and particularly the individual commercial salmon fishers for whom fishing is the primary source of livelihood.

(2) The legislature realizes that a reduction in the number of commercial salmon licenses should be phased in and that the fishing industry itself should play a key role in deciding how the reduction occurs. It is the legislature's goal to achieve the numbers of commercial salmon licenses specified in section 2 of this act by the year 2000.

NEW SECTION. Sec. 2. A new section is added to chapter 75.30 RCW to read as follows:

(1) The department of fisheries, in close consultation with the commercial salmon fishing industry, shall develop a plan to reduce the number of commercial salmon fishing licenses to meet the target number of commercial salmon fishing licenses indicated in subsection (2) of this section by January 1, 2000.

(2) The targets for the following licenses are:

(a) Salmon troll - 100

(b) Puget Sound gill net - 250

(d) Puget Sound reef net - 50

(e) Grays Harbor and Columbia river gill net - 75

(f) Willapa Harbor and Columbia river gill net - 125

(g) Salmon charterboat - 180

(3) The plan shall be presented to the legislature not later than January 1, 1993.

Sec. 3. RCW 75.28.035 and 1989 c 316 s 1 are each amended to read as follows:

An application for issuance or renewal of a commercial fishing license shall contain the name and address of the vessel owner, the name and address of the vessel operator, the name and number of the vessel, a description of the vessel and fishing gear to be carried on the vessel, and other information required by the department.

At the time of issuance of a commercial fishing license the director shall furnish the licensee with a vessel registration and two license decals.

Vessel registrations and license decals issued by the director shall be displayed as provided by rule of the director.

A commercial fishing license is not valid if the vessel is operated by a person other than the operator listed on the license. The director may authorize additional operators for the license. Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065, the fee for an additional operator is twenty dollars((.)) except when the following gear is used for commercial salmon fishing:

Gear Resident Nonresident

Fee Fee

(1) Purse seine $410 $820

(2) Gill net $275 $550

(3) Troll $275 $550

The vessel owner shall notify the director on forms provided by the department of changes of ownership or operator and a new license shall be issued upon payment of a transfer fee of twenty dollars except that for salmon purse seine, salmon gill net, and salmon troll the fee is two hundred fifty dollars for a new owner or one hundred dollars for a transfer from one vessel to another not involving a new owner.

A defaced, mutilated, or lost license or license decal shall be replaced immediately. Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065, the replacement fee is ten dollars.

Sec. 4. RCW 75.30.120 and 1983 1st ex.s. c 46 s 146 are each amended to read as follows:

(1) A commercial salmon fishing license issued under RCW 75.28.110 or salmon delivery permit issued under RCW 75.28.113 may be issued only to a vessel:

(a) Which held a state commercial salmon fishing license or salmon delivery permit during the previous year or had transferred to the vessel such a license, and has not subsequently transferred the license or permit to another vessel; and

(b) From which ((~~food fish~~)) salmon were caught and landed in this state ((~~or in another state~~)) during the previous year in at least the following poundage as documented by a valid food fish receiving document((.)) issued by the department:

Salmon troll 500 pounds

Puget Sound gill net 1,500 pounds

Puget Sound purse seine 5,000 pounds

Columbia river and Grays

Harbor

gill net 1,000 pounds

Columbia river and Willapa

Harbor gill net 1,000 pounds

Where the failure to obtain the license or permit during the previous year was the result of a license or permit suspension, the vessel may qualify for a license or permit by establishing that the vessel held such a license or permit during the last year in which the license or permit was not suspended.

(2) The director may waive the landing requirement of subsection (1)(b) of this section if:

(a) The vessel to which an otherwise valid license is transferred has not had the opportunity to have caught and landed salmon; and

(b) The intent of the commercial salmon vessel limitation program established under this section is not violated.

(3) Commercial salmon fishing licenses and salmon delivery permits are transferable.

NEW SECTION. Sec. 5. Section 4 of this act shall take effect January 1, 1993.