AN ACT Relating to commercial shrimp fishing
licenses; amending RCW 75.28.125 and 75.30.050; adding new sections to chapter
75.28 RCW; 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.
The legislature finds that the offshore Washington, Oregon, and California
commercial ocean pink shrimp fishery is composed of a mobile fleet, fishing the
entire coast from Washington to California and landing its catch in the state
nearest the area being fished. The legislature further finds that the ocean
pink shrimp fishery currently uses the entire available resource, and has the
potential to become overcapitalized. The legislature further finds that
overcapitalization can lead to economic destabilization, and that reductions in
fishing opportunities from licensing restrictions imposed for conservation
needs and the economic well-being of the ocean pink shrimp industry creates
uncertainty. The legislature further finds that it is the best interest of the
ocean pink shrimp resource, commercial ocean pink shrimp fishers, and ocean
pink shrimp processors in the state, to limit the number of fishers who make
landings of ocean pink shrimp into the state of Washington to those persons who
have historically and continuously participated in the ocean pink shrimp
fishery.
NEW SECTION. Sec. 2.
Unless the context clearly requires otherwise, as used in this chapter
"ocean pink shrimp" means the species Pandalus jordani.
Sec. 3.
RCW 75.28.125 and 1989 c 316 s 7 are each amended to read as follows:
A delivery license is required to deliver
shellfish other than ocean pink shrimp or food fish other than salmon
taken in offshore waters and delivered to a port in the state. Unless
adjusted by the director pursuant to the director's authority granted in RCW
75.28.065, the annual license fee is fifty dollars for residents and one
hundred dollars for nonresidents. Licenses issued under RCW 75.28.113 (salmon
delivery license), RCW 75.28.130(4) (crab pot, other than Puget Sound), ((or))
RCW 75.28.140(2) (trawl, other than Puget Sound), section 4 of this act
(ocean pink shrimp delivery), or section 8 of this act (ocean pink shrimp
single delivery) shall include a delivery license.
NEW SECTION. Sec. 4. An
ocean pink shrimp delivery license is required to deliver ocean pink shrimp
taken in offshore waters and delivered to a port in the state. Unless adjusted
by the director pursuant to the director's authority granted in RCW 75.28.065,
the annual license fee is one hundred fifty dollars for residents and three
hundred dollars for nonresidents. Ocean pink shrimp delivery licenses are
transferable.
NEW SECTION. Sec. 5.
After December 31, 1993, it is unlawful to deliver into any Washington state
port ocean pink shrimp caught in offshore waters without an ocean pink shrimp
delivery license issued under section 4 of this act, or an ocean pink shrimp
single delivery license issued under section 8 of this act. An ocean pink
shrimp delivery license shall be issued to a vessel that:
(1) Landed a total of at least five thousand
pounds of ocean pink shrimp in Washington in any single calendar year between
January 1, 1983, and December 31, 1992, as documented by a valid shellfish
receiving ticket; and
(2) Can show continuous participation in the
Washington, Oregon, or California ocean pink shrimp fishery by being eligible
to land ocean pink shrimp in either Washington, Oregon, or California each year
since the landing made under subsection (1) of this section. Evidence of such
eligibility shall be a certified statement from the relevant state licensing
agency that the applicant for a Washington ocean pink shrimp delivery license
held at least one of the following permits:
(a) For Washington: Possession of a delivery
permit or delivery license issued under RCW 75.28.125 or a trawl license (other
than Puget Sound) issued under RCW 75.28.140;
(b) For Oregon: Possession of a vessel permit
issued under Oregon Revised Statute 508.880; or
(c) For California: A trawl permit issued
under California Fish and Game Code sec. 8842.
NEW SECTION. Sec. 6. An
applicant who can show historical participation under section 5(1) of this act
but does not satisfy the continuous participation requirement of section 5(2)
of this act shall be issued an ocean pink shrimp delivery license if:
(1) The owner can prove that the owner was in
the process on December 31, 1992, of constructing a vessel for the purpose of
ocean pink shrimp harvest. For purposes of this section,
"construction" means having the keel laid, and "for the purpose
of ocean pink shrimp harvest" means the vessel is designed as a trawl
vessel. An ocean pink shrimp delivery license issued to a vessel under
construction is not renewable after December 31, 1994, unless the vessel lands
a total of at least five thousand pounds of ocean pink shrimp into a Washington
state port before December 31, 1994; or
(2) The applicant's vessel is a replacement for
a vessel that is otherwise eligible for an ocean pink shrimp delivery license.
NEW SECTION. Sec. 7.
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 license is transferred to another vessel, the
license history shall also be transferred to the transferee vessel.
Where the failure to hold the 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 license suspension.
NEW SECTION. Sec. 8.
The owner of an ocean pink shrimp fishing vessel that does not qualify for an
ocean pink shrimp delivery license issued under section 4 of this act shall
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. The director
shall not issue an ocean pink shrimp single delivery license unless, as
determined by the director, a bona fide emergency exists. A maximum of six
ocean pink shrimp single delivery licenses may be issued annually to any
vessel. Unless adjusted by the director pursuant to the director's authority
granted in RCW 75.28.065, the fee for an ocean pink shrimp single delivery
license is one hundred dollars.
Sec. 9.
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;
(c) The commercial crab fishing industry in
cases involving Puget Sound crab license endorsements;
(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 ocean pink shrimp
industry (Pandalus jordani) in cases involving ocean pink shrimp delivery
licenses.
(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. 10. A
new section is added to chapter 75.30 RCW to read as follows:
The director may reduce the landing
requirements established under section 5 of this act upon the recommendation of
an advisory review board established under RCW 75.30.050, but the director may
not entirely waive the landing requirement. The advisory review board may
recommend a reduction of the landing requirement in individual cases if in the
board's judgment, extenuating circumstances prevented achievement of the
landing requirement. The director shall adopt rules governing the operation of
the advisory review board and defining "extenuating circumstances."
NEW SECTION. Sec. 11.
Sections 2 and 4 through 8 of this act are each added to chapter 75.28 RCW.
NEW SECTION. Sec. 12.
This act shall take effect January 1, 1994.
