HOUSE BILL REPORT

                 SHB 1350

                  As Amended by the Senate

 

Title:  An act relating to commercial shrimp fishing licenses.

 

Brief Description:  Requiring pink shrimp endorsements.

 

Sponsors:  By House Committee on Fisheries & Wildlife (originally sponsored by Representatives King, Fuhrman, Basich, Wood, Orr, Tate, Johanson and Foreman).

 

Brief History:

  Reported by House Committee on:

Fisheries & Wildlife, February 12, 1993, DPS;

Appropriations, March 3, 1993, DPS(FW);

Passed House, March 13, 1993, 97-0;

Amended by Senate.

 

HOUSE COMMITTEE ON FISHERIES & WILDLIFE

 

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 8 members:  Representatives King, Chair; Orr, Vice Chair; Sehlin, Assistant Ranking Minority Member; Basich; Chappell; Foreman; Lemmon; and Scott.

 

Staff:  Keitlyn Watson (786-7310).

 

HOUSE COMMITTEE ON APPROPRIATIONS

 

Majority Report:  The substitute bill by Committee on Fisheries & Wildlife be substituted therefor and the substitute bill do pass.  Signed by 25 members:  Representatives Locke, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; Jacobsen; Lemmon; Linville; Morton; Peery; Rust; Sehlin; Sheahan; Sommers; Stevens; Talcott; Wang; Wineberry; and Wolfe.

 

Staff:  Susan Nakagawa (786-7145).

 

Background:  Entry into several commercial fisheries in Washington is restricted by statute.  The harvest of ocean pink shrimp is not subject to any such limitations in Washington.  Since the actual harvest occurs in the ocean outside of Washington waters, the state does not issue licenses for harvest.  However, a shellfish delivery license is required to land shrimp, as well as all other commercially harvested shellfish, in Washington.

 

In 1979 the Oregon Legislature, in response to concerns about potential overcapitalization of the pink shrimp fishery as well as resource exploitation, limited the number of vessels that could land pink shrimp in Oregon.  There is concern on the part of the pink shrimp industry that the potential for overcapitalization and resource exploitation still exist without a comparable limitation in Washington.

 

Summary of Bill:  After December 31, 1993, an ocean pink shrimp delivery license or ocean pink shrimp single delivery license is required to deliver pink shrimp caught in offshore waters to a port in Washington state.  The annual license fee for an ocean pink shrimp delivery license is $150 for residents and $300 for nonresidents, and this license is transferable.  The license fee for an ocean pink shrimp single delivery license is $100.  The ocean pink shrimp delivery license shall be issued to a vessel that:

 

!Landed 5,000 pounds of pink shrimp in Washington in any one year between January 1, 1983 and December 31, 1992;

!Possessed one of the following licenses each year since the most recent landing:

- a Washington delivery permit or delivery license or an other than Puget Sound trawl license;

- an Oregon vessel permit; or

- a California trawl permit;

!Was in the process on December 31, 1992, of constructing a vessel for the purpose of ocean pink shrimp harvest.  A license issued in this instance would expire on December 31, 1994, unless the vessel lands 5,000 pounds of pink shrimp into Washington ports prior to that date; or

!Is a replacement vessel for a vessel otherwise eligible for an ocean pink shrimp delivery license.

 

After December 31, 1994, an ocean pink shrimp delivery license may only be issued to a vessel that held an ocean pink shrimp delivery license in 1994 and each year thereafter.  If the failure to hold a license in any given year was the result of a license suspension, the vessel may qualify if the vessel held an ocean pink shrimp delivery license in the year immediately preceding the year of the suspension.

 

If the license is transferred to another vessel, the license history shall also be transferred.

 

The director of the Department of Fisheries is directed to appoint a three member advisory review board consisting of members of the commercial ocean pink shrimp industry to hear cases involving parties aggrieved under the ocean pink shrimp delivery license eligibility provisions.  The director may reduce but may not waive landing requirements for pink shrimp if the advisory review board so recommends based on extenuating circumstances, which are to be defined by rule of the director.

 

The owner of an ocean pink shrimp fishing vessel which does not qualify for an ocean pink shrimp delivery license must obtain an ocean pink shrimp single delivery license in order to make a landing into a state port of ocean pink shrimp taken in offshore waters.  Such a license may only be issued if a bona fide emergency exists.  A maximum of six ocean pink shrimp single delivery licenses may be issued annually to any such vessel.

 

EFFECT OF SENATE AMENDMENT(S):  The Senate amendment makes a technical correction to change the term "delivery permit" to "delivery license" to be consistent with the rest of the bill; and requires the director of the Department of Agriculture, in consultation with the departments of Fisheries and Ecology, to develop and implement integrated pest management plans for the control of burrowing shrimp on registered aquatic farms.

 

Fiscal Note:  Available.

 

Effective Date:  Ninety days after adjournment of session in which bill is passed.

 

Testimony For:  (Fisheries & Wildlife): The provisions of the bill will avoid overcapitalization of the fishery and resource depletion without eliminating existing fishers.  The shrimp fleet is currently at capacity.

 

(Appropriations): This bill is necessary to avoid overcapitalization of the resource.  The fishing industry supports the bill and is willing to pay license fees to make the program self-supporting.  The department will generate revenue adequate to cover the costs.

 

 

Testimony Against:  (Fisheries & Wildlife): None.

 

(Appropriations): None.

 

Witnesses:  (Fisheries & Wildlife): Mary Lou Mills, Department of Fisheries (supports concept of capping the fishery, but has concerns about constitutionality of the means used in the bill and some technicalities.  These concerns are relieved in the substitute bill); Dave Duncan, John Oakes and Ray Toste, Fisherman's Marketing Association (pro); and Jim Blunt, Coast Draggers Association (pro).

 

(Appropriations): Ed Owens, Coalition of Washington Ocean Fishermen (pro); and Cyreis Schmitt, Department of Fisheries (pro).

 

VOTE ON FINAL PASSAGE:

 

Yeas 97; Excused 1

 

Excused:  Representative Leonard