Z-0094.5                   _______________________________________________

 

                                                     SENATE BILL 5124

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Senators Owen, Snyder, Haugen, Spanel, Sellar, Oke, Amondson and Erwin; by request of Department of Fisheries

 

Read first time 01/14/93.  Referred to Committee on Natural Resources.

 

Revising laws relating to commercial fishing licenses.


          AN ACT Relating to commercial fishing licenses; amending RCW 75.28.010, 75.28.014, 75.28.020, 75.28.030, 75.28.040, 75.28.110, 75.28.113, 75.28.116, 75.28.120, 75.28.125, 75.28.130, 75.28.280, 75.28.290, 75.28.690, 75.28.287, 75.28.710, 75.30.050, 75.30.065, 75.30.070, 75.30.090, 75.30.100, 75.30.120, 75.30.125, 75.30.130, 75.30.140, 75.28.235, 75.28.245, 75.30.160, 75.30.170, 75.30.180, 75.30.210, 75.30.220, 75.30.240, 75.30.250, 75.08.230, 75.28.134, 75.24.100, 75.28.070, and 75.50.100; reenacting and amending RCW 75.28.095 and 75.08.011; adding new sections to chapter 75.28 RCW; adding new sections to chapter 75.30 RCW; adding new sections to chapter 75.12 RCW; creating new sections; recodifying RCW 75.28.070, 75.28.134, 75.28.235, 75.28.245, and 75.28.287; decodifying RCW 75.30.150; repealing RCW 75.28.012, 75.28.035, 75.28.060, 75.28.140, and 75.28.255; 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 laws governing commercial fishing licensing in this state are highly complex and increasingly difficult to administer and enforce.  The current laws governing commercial fishing licenses have evolved slowly, one section at a time, over decades of contention and changing technology, without general consideration for how the totality fits together.  The result has been confusion and litigation among commercial fishers.  Much of the confusion has arisen because the license holder in most cases is a vessel, not a person.  The legislature intends by this act to standardize licensing criteria, clarify licensing requirements, reduce complexity, and remove inequities in commercial fishing licensing.  The legislature intends that the license fees stated in this act shall be equivalent to those in effect on January 1, 1993, as adjusted under section 19, chapter 316, Laws of 1989.

 

        Sec. 2.  RCW 75.28.010 and 1991 c 362 s 1 are each amended to read as follows:

          (1) Except as otherwise provided by this title, it is unlawful to engage in any of the following activities without a license or permit issued by the director ((is required to)):

          (a) Commercially fish for or take food fish or shellfish;

          (b) Deliver food fish or shellfish taken in offshore waters;

          (c) Operate a charter boat or commercial fishing vessel engaged in a fishery;

          (d) Engage in processing or wholesaling food fish or shellfish; or

          (e) ((Operate)) Act as a guide for salmon for personal use in freshwater rivers and streams, other than that part of the Columbia river below the bridge at Longview.

          (2) ((It is unlawful to)) No person may engage in the activities described in subsection (1) of this section ((without having in possession)) unless the licenses or permits required by this title are in the person's possession, and the person is the named license holder or an alternate operator designated on the license.

          (3) A valid Oregon license that is equivalent 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 equivalent Washington license.  The director may identify by rule what Oregon licenses are equivalent.

          (4) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products.  However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

 

        Sec. 3.  RCW 75.28.014 and 1986 c 198 s 8 are each amended to read as follows:

          (((1))) The ((department may establish by rule license)) application deadline((s)) for ((types of gear and licensing districts.  An applicant for)) a commercial ((salmon fishing)) license ((shall submit a license application in accordance with this subsection.

          (a) If an application is postmarked or personally delivered to the department in Olympia by the application deadline, it shall be accompanied by the prescribed license fee.

          (b) If an application is postmarked or personally delivered to the department in Olympia after the application deadline, it shall be accompanied by the prescribed license fee and a late application fee of two hundred dollars.

          (2) Columbia River smelt license applications accompanied by the license fee shall be made in person or postmarked by January 10 of the license year)) or permit established in this chapter is December 31 of the calendar year for which the license or permit is sought.  The department shall accept no license or permit applications after December 31 of the calendar year for which the license or permit is sought.

 

        Sec. 4.  RCW 75.28.020 and 1989 c 47 s 1 are each amended to read as follows:

          (1) ((The department may only issue)) Except as otherwise provided in this title, a person as defined in RCW 75.08.011 may hold a commercial license ((to a person who)) established by this chapter.

          (2) Except as otherwise provided in this title, an individual may hold a commercial license only if the individual is sixteen years of age or older and a bona fide resident of the United States.  ((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))

          (3) A corporation may hold a commercial license only 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.))

          (4) No person may hold a limited-entry license  unless the person meets the qualifications that this title establishes for the license.

 

        Sec. 5.  RCW 75.28.030 and 1983 1st ex.s. c 46 s 105 are each amended to read as follows:

          (1) Except as otherwise provided in this title, the director shall issue commercial licenses and permits to a qualified person((,)) upon ((the receipt of an)) receiving a completed 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.))

          (2) An application submitted to the department under this chapter shall contain the name and address of the applicant and any other information required by the department or this title.  An applicant for a commercial fishery license, delivery license, or charter license may designate a vessel to be used with the license and up to two alternate operators.

          (3) An application submitted to the department under this chapter shall contain the applicant's declaration under penalty of perjury that the information on the application is true and correct.

          (4) Upon issuing a commercial license under this chapter, the director shall assign the license a unique number that the license shall retain upon renewal.  The department shall use the number to record any commercial catch under the license.  This does not preclude the department from using other, additional, catch record methods.

          (5) The fee to replace a license that has been lost or destroyed is eleven dollars.

 

        Sec. 6.  RCW 75.28.040 and 1983 1st ex.s. c 46 s 108 are each amended to read as follows:

          (1) A commercial license issued under this chapter permits the license holder to engage in the activity for which the license is issued in accordance with this title and the rules of the director.

          (2) No security interest or lien of any kind, including tax liens, may be created or enforced in a license issued under this chapter.

          (3) Unless otherwise provided in this title or rules of the director, commercial licenses and permits issued under this chapter expire at midnight on December 31st ((following their issuance and)) of the calendar year for which they are issued.  In accordance with this title, licenses may be renewed annually upon application and payment of the prescribed license fees.

 

          NEW SECTION.  Sec. 7.  A new section is added to chapter 75.28 RCW to read as follows:

          VESSEL DESIGNATION.  This section applies to all commercial fishery licenses, delivery licenses, and charter licenses.

          (1) An applicant for a license subject to this section may designate a vessel to be used with the license.  Except for emergency salmon delivery licenses, the director may issue a license regardless of whether the applicant designates a vessel.  An applicant may designate no more than one vessel on a license subject to this section.

          (2) A license for a fishery that requires a vessel authorizes no taking or delivery of food fish or shellfish unless a vessel is designated on the license.  A delivery license authorizes no delivery of food fish or shellfish unless a vessel is designated on the license.

          (3) It is unlawful to take food fish or shellfish in a fishery that requires a vessel except from a vessel designated on a commercial fishery license for that fishery. 

          (4) It is unlawful to operate a vessel as a charter boat unless the vessel is designated on a charter license.

          (5) No vessel may be designated on more than one commercial fishery license unless the licenses are for different fisheries.  No vessel may be designated on more than one delivery license, on more than one salmon charter license, or on more than one nonsalmon charter license.

 

          NEW SECTION.  Sec. 8.  A new section is added to chapter 75.28 RCW to read as follows:

          CHANGES IN VESSEL DESIGNATION.  This section applies to all commercial fishery licenses, delivery licenses, and charter licenses, except for emergency salmon delivery licenses.

          (1) The holder of a license subject to this section may substitute the vessel designated on the license or designate a vessel if none has previously been designated if the license holder:

          (a) Surrenders the previously issued license to the department;

          (b) Submits to the department an application that identifies the currently designated vessel, the vessel proposed to be designated, and any other information required by the department; and

          (c) Pays to the department a fee of twenty-two dollars.

          (2) Unless the license holder owns all vessels identified on the application described in subsection (1)(b) of this section, the following restrictions apply to changes in vessel designation:

          (a) The department shall change the vessel designation on the license no more than four times per calendar year.

          (b) The department shall change the vessel designation on the license no more than once in any seven-day period.

 

          NEW SECTION.  Sec. 9.  A new section is added to chapter 75.28 RCW to read as follows:

          ALTERNATE OPERATOR DESIGNATION.  This section applies to all commercial fishery licenses, delivery licenses, and charter licenses, except for whiting--Puget Sound fishery licenses and emergency salmon delivery licenses.

          (1) The license holder may engage in the activity authorized by a license subject to this section.  The holder of a license subject to this section may also designate up to two alternate operators for the license.  A person designated as an alternate operator must possess an alternate operator license issued under sections 23 and 25 of this act.

          (2) The fee to change the alternate operator designation is twenty-two dollars.

 

          NEW SECTION.  Sec. 10.  A new section is added to chapter 75.28 RCW to read as follows:

          PERSONS WHO MAY USE A LICENSE.  (1) Only the license holder and any alternate operators designated on the license may sell or deliver food fish or shellfish under a commercial fishery license or delivery license.  A commercial fishery license or delivery license authorizes no taking or delivery of food fish or shellfish unless the license holder or an alternate operator designated on the license is present or aboard the vessel.

          (2) Only the license holder and any alternate operators designated on the license may operate a vessel as a charter boat.

 

          NEW SECTION.  Sec. 11.  A new section is added to chapter 75.28 RCW to read as follows:

          TRANSFERS FROM ONE LICENSE HOLDER TO ANOTHER.  (1) Unless otherwise provided in this title, a license issued under this chapter is not transferable from the license holder to any other person.

          (2) The following restrictions apply to transfers of commercial fishery licenses, salmon delivery licenses, and salmon charter licenses that are transferable between license holders:

          (a) The license holder shall surrender the previously issued license to the department.

          (b) The department shall complete no more than one transfer of the license in any seven-day period.

          (c) The fee to transfer a license from one license holder to another is twenty-two dollars.

          (d) If a license is transferred from a resident to a nonresident, the transferee shall pay the difference between the resident and nonresident license fees at the time of transfer.

          (3) A commercial license that is transferable under this title survives the death of the holder.  Though such licenses are not personal property, they shall be treated as analogous to personal property for purposes of inheritance and intestacy.  Such licenses are subject to state laws governing wills, trusts, estates, intestate succession, and community property, except that such licenses are exempt from claims of creditors of the estate and tax liens.  The surviving spouse, estate, or beneficiary of the estate may apply for a renewal of the license.  There is no fee for transfer of a license from a license holder to the license holder's surviving spouse or estate, or to a beneficiary of the estate.

 

        Sec. 12.  RCW 75.28.110 and 1989 c 316 s 3 are each amended to read as follows:

          (1) The following commercial salmon ((fishing)) fishery licenses are required for the ((licensee)) license holder to use the specified gear to fish for salmon ((and other food fish)) in state waters.  ((Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065,))  Only a person who meets the qualifications of RCW 75.30.120 may hold a license listed in this subsection.  The licenses and their annual ((license)) fees and surcharges under RCW 75.50.100 are:

 

          ((Gear)) Fishery                                           Resident                         Nonresident        Surcharge

                                  License                                         Fee                                Fee

 

(a) Salmon Gill Net--Grays              $304                          $609                     plus   $100

          Harbor-Columbia river

(b) Salmon Gill Net--Puget              $304                          $609                     plus   $100

          Sound

(c) Salmon Gill Net--Willapa                       $304                              $609               plus         $100

          Bay-Columbia river

(d) Salmon purse seine                    (($410)) $454     (($820)) $908     plus       $100

(((b) Gill net                                                         $275                              $550

(c) Troll                                                                        $275                              $550

(d))) (e) Salmon reef net                 (($275)) $304     (($550)) $609     plus       $100

(f) Salmon troll                                         $304                              $609               plus         $100

 

          (2) A license issued under this section authorizes no taking or delivery of salmon or other food fish unless a vessel is designated on the license under section 7 of this act.

          (3) Holders of commercial salmon ((fishing)) fishery licenses may retain incidentally caught food fish other than salmon, subject to rules of the director.

          (((3))) (4) A salmon troll license ((allows fishing in all licensing districts and)) includes a salmon delivery license.

          (((4))) (5) A ((separate)) salmon gill net license ((is required to fish for salmon in each of the licensing districts established in RCW 75.28.012)) authorizes the taking of salmon only in the geographical area for which the license is issued.  The geographical designations in subsection (1) of this section have the following meanings:

          (a) "Puget Sound" includes waters of the Strait of Juan de Fuca, Georgia Strait, Puget Sound and all bays, inlets, canals, coves, sounds, and estuaries lying easterly and southerly of the international boundary line and a line at the entrance to the Strait of Juan de Fuca projected northerly from Cape Flattery to the lighthouse on Tatoosh Island and then to Bonilla Point on Vancouver Island.

          (b) "Grays Harbor-Columbia river" includes waters of Grays Harbor and tributary estuaries lying easterly of a line projected northerly from Point Chehalis Light to Point Brown and those waters of the Columbia river and tributary sloughs and estuaries easterly of a line at the entrance to the Columbia river projected southerly from the most westerly point of the North jetty to the most westerly point of the South jetty.

          (c) "Willapa Bay-Columbia river" includes waters of Willapa Bay and tributary estuaries and easterly of a line projected northerly from Leadbetter Point to the Cape Shoalwater tower and those waters of the Columbia river and tributary sloughs described in (b) of this subsection.

 

        Sec. 13.  RCW 75.28.113 and 1989 c 316 s 4 are each amended to read as follows:

          (1) ((A person operating a commercial fishing vessel used in taking)) It is unlawful to deliver salmon taken in offshore waters ((and delivering the salmon)) to a place or port in the state ((shall obtain)) without a salmon delivery license from the director.  ((Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065,)) The annual fee for a salmon delivery license is ((two hundred seventy-five)) three hundred four dollars for residents and ((five hundred fifty)) six hundred nine dollars for nonresidents.  ((Persons operating fishing vessels licensed))  The annual surcharge under RCW 75.50.100 is one hundred dollars for each license.  Holders of nonsalmon delivery licenses issued under RCW 75.28.125 may apply the nonsalmon delivery license fee ((of fifty dollars)) against the salmon delivery license fee.

          (2) Only a person who meets the qualifications established in RCW 75.30.120 may hold a salmon delivery license issued under this section.

          (3) A salmon delivery license authorizes no taking of salmon or other food fish or shellfish from the waters of the state.

          (4) If the director determines that the operation of a vessel under a salmon delivery license results in the depletion or destruction of the state's salmon resource or the delivery into this state of salmon products prohibited by law, the director may revoke the license under the procedures of chapter 34.05 RCW.

 

        Sec. 14.  RCW 75.28.116 and 1989 c 316 s 5 are each amended to read as follows:

          ((The owner of a commercial salmon fishing vessel which is)) A person who does not ((qualified)) qualify for a license under RCW 75.30.120 ((is required to)) shall obtain a nontransferable emergency salmon ((single)) delivery license ((in order)) to make one ((landing)) delivery of salmon taken in offshore waters.  The director shall not issue ((a)) an emergency salmon ((single)) delivery license unless, as determined by the director, a bona fide emergency exists.  ((Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065,)) The license fee is one hundred ((thirty-five)) forty-nine dollars for residents and two hundred ((seventy)) ninety-nine dollars for nonresidents.  An applicant for an emergency salmon delivery license shall designate no more than one vessel that will be used with the license.  Alternate operator licenses are not required of persons delivering salmon under an emergency salmon delivery license.  Emergency salmon delivery licenses are not renewable.

 

        Sec. 15.  RCW 75.28.120 and 1989 c 316 s 6 are each amended to read as follows:

          ((The following commercial fishing licenses are required for the licensee to use the specified gear to fish for food fish other than salmon in state waters.  Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065, the annual license fees are:

 

                        Gear                                       Resident                              Nonresident

                                                                           Fee                                            Fee

 

(1) Jig                                                      $50                                           $100

(2) Set line                                                $50                                           $100

(3) Set net                                                 $50                                           $100

(4) Drag seine                                            $50                                           $100

(5) Gill net                                               $275                              $550

(6) Purse seine                                           $410                              $820

(7) Troll                                                               $50                                           $100

(8) Bottom fish pots                                   $50                                           $100

(9) Lampara                                              $100                              $200

(10) Dip bag net                             $50                                           $100

(11) Brush weir                                         $100                              $200

(12) Other gear                                          $100                              $200))

          (1) This section establishes commercial fishery licenses required for food fish fisheries and the annual fees for those licenses.  As used in this section, "food fish" does not include salmon.  The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title.

 

Fishery                                                                 Annual Fee                     Vessel    Limited

(Governing section(s))         Resident Nonresident        Required?           Entry?

(a) Baitfish Lampara                                  $111                  $221                  Yes                   No

(b) Baitfish purse seine                   $454           $908                   Yes                        No

(c) Bottom fish jig                         $ 55            $111                   Yes                        No

(d) Bottom fish pot                         $ 55            $111                   Yes                        No

(e) Bottom fish troll                       $ 55            $111                   Yes                        No

(f) Carp                                                          $ 55                  $111                        No                    No

(g) Columbia river smelt                  $304           $609                    No                        No

(h) Dog fish set net                                    $ 55                  $111                  Yes                   No

(i) Emerging commercial                 $111           $221            Determined         Determined

          fishery (RCW 75.30.220                                             by rule               by rule

          (section 18 of this act))

(j) Food fish drag seine                   $ 55            $111                   Yes                        No

(k) Food fish set line                      $ 55            $111                   Yes                        No

(l) Food fish trawl--                        $166           $332                   Yes                        No

          Non-Puget Sound

(m) Food fish trawl--                      $111           $221                   Yes                        No

          Puget Sound

(n) Herring dip bag net                   $100           $200                   Yes                        Yes

          (RCW 75.30.140)

(o) Herring drag seine                     $100           $200                   Yes                        Yes

          (RCW 75.30.140)

(p) Herring gill net                                    $100                  $200                  Yes                   Yes

          (RCW 75.30.140)

(q) Herring Lampara                                  $100                  $200                  Yes                   Yes

          (RCW 75.30.140)

(r) Herring purse seine                    $100           $200                   Yes                        Yes

          (RCW 75.30.140)

(s) Herring spawn-on-kelp               N/A              N/A                   Yes                        Yes

          (RCW 75.28.245 (as

          recodified by section

          54 of this act))

(t) Smelt dip bag net                       $ 55            $111                    No                        No

(u) Smelt gill net                           $304           $609                   Yes                        No

(v) Whiting--Puget Sound                $221           $443                   Yes                        Yes

          (RCW 75.30.170)

 

          (2) The director may by rule determine the species of food fish that may be taken with the commercial fishery licenses established in this section, the gear that may be used with the licenses, and the areas or waters in which the licenses may be used.  Where a fishery license has been established for a particular species, gear, geographical area, or combination thereof, a more general fishery license may not be used to take food fish in that fishery.

 

        Sec. 16.  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 or food fish other than salmon taken in offshore waters to a port in the state. Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065,)) (1) Except as provided in subsection (2) of this section, it is unlawful to deliver food fish or shellfish taken in offshore waters to a port in the state without a nonsalmon delivery license.  As used in this section, "food fish" does not include salmon. The annual license fee for a nonsalmon delivery license is ((fifty)) fifty-five dollars for residents and one hundred eleven 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) shall include a delivery license.))

          (2) Holders of salmon troll fishery licenses issued under RCW 75.28.110, salmon delivery licenses issued under RCW 75.28.113, crab pot--Non-Puget Sound fishery licenses issued under RCW 75.28.130, food fish trawl--Non-Puget Sound fishery licenses issued under RCW 75.28.120, and shrimp trawl--Non-Puget Sound fishery licenses issued under RCW 75.28.130 may deliver food fish or shellfish taken in offshore waters without a nonsalmon delivery license.

          (3) A nonsalmon delivery license authorizes no taking of food fish or shellfish from state waters.

 

        Sec. 17.  RCW 75.28.130 and 1989 c 316 s 8 are each amended to read as follows:

          ((The following commercial fishing licenses are required for the licensee to use the specified gear to fish for shellfish in state waters.  Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065, the annual license fees are:

 

                        Gear                                                   Resident                              Nonresident

                                                                                    Fee                                            Fee

 

(1) Ring net                                                          $50                                           $100

(2) Shellfish pots

(excluding crab)                                         $50                                           $100

(3) Crab pots

(Puget Sound)                                           $50                                           $100

(4) Crab pots

(other than Puget Sound)                 $200                              $400

(5) Shellfish diver

(excluding clams)                                       $50                                           $100

(6) Squid gear, all types                               $100                              $200

(7) Ghost shrimp gear                                 $100                              $200

(8) Commercial razor

clam license                                               $50                                           $100

(9) Geoduck diver license                 $100                              $200

(10)  Other shellfish gear                             $100                              $200))

          (1) This section establishes commercial fishery licenses required for shellfish fisheries and the annual fees for those licenses.  The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title.

 

Fishery                                                                 Annual Fee                     Vessel    Limited

(Governing section(s))         Resident Nonresident        Required?           Entry?

(a) Burrowing shrimp                                 $111                  $221                  Yes                   No

(b) Crab pot--                                             $221                  $443                  Yes                   No

          Non-Puget Sound

(c) Crab pot--                                             $ 55                  $111                  Yes                   No

          Puget Sound

(d) Crab ring net--                          $ 55            $111                   Yes                        No

          Non-Puget Sound

(e) Crab ring net--                          $ 55            $111                   Yes                        No

          Puget Sound

(f) Dungeness crab--                                   $ 55                  $111                  Yes                   Yes

          Puget Sound

          (RCW 75.30.130)

(g) Emerging commercial                 $111           $221            Determined         Determined

          fishery (RCW 75.30.220                                             by rule               by rule

          (section 18 of this act))

(h) Geoduck                                              $  0                   $  0                   Yes                   Yes

          (Section 46 of this act)

(i) Hardshell clam                          $454           $908                   Yes                        No

          mechanical harvester

          (RCW 75.28.280)

(j) Oyster reserve                            $ 55            $111                    No                        No

          (RCW 75.28.290)

(k) Razor clam                                          $ 55                  $111                  No                    No

(l) Sea cucumber dive                      $ 55            $111                   Yes                        Yes

          (RCW 75.30.250)

(m) Sea urchin dive                                    $ 55                  $111                  Yes                   Yes

          (RCW 75.30.210)

(n) Shellfish dive                           $ 55            $111                   Yes                        No

(o) Shellfish pot                             $ 55            $111                   Yes                        No

(p) Shrimp pot--                             $304           $609                   Yes                        No

          Hood Canal

(q) Shrimp trawl--                          $166           $332                   Yes                        No

          Non-Puget Sound

(r) Shrimp trawl--                          $111           $221                   Yes                        No

          Puget Sound

(s) Squid                                                        $111                  $221                        Yes                   No

 

          (2) The director may by rule determine the species of shellfish that may be taken with the commercial fishery licenses established in this section, the gear that may be used with the licenses, and the areas or waters in which the licenses may be used.  Where a fishery license has been established for a particular species, gear, geographical area, or combination thereof, a more general fishery license may not be used to take shellfish in that fishery.

 

          NEW SECTION.  Sec. 18.  A new section is added to chapter 75.28 RCW to read as follows:

          EMERGING COMMERCIAL FISHERY LICENSES AND PERMITS.  (1) The director may by rule designate a fishery as an emerging commercial fishery.  The director shall include in the designation whether the fishery is one that requires a vessel.

          (2) "Emerging commercial fishery" means the commercial taking of a newly classified species of food fish or shellfish, the commercial taking of a classified species with gear not previously used for that species, or the commercial taking of a classified species in an area from which that species has not previously been commercially taken.  Any species of food fish or shellfish commercially harvested in Washington state as of June 7, 1990, may be designated as a species in an emerging commercial fishery, except that no fishery subject to a license limitation program in chapter 75.30 RCW may be designated as an emerging commercial fishery.

          (3) It is unlawful to take food fish or shellfish in a fishery designated as an emerging commercial fishery without an emerging commercial fishery license and a permit from the director.  The director shall issue two types of permits to accompany emerging commercial fishery licenses:  Trial fishery permits and experimental fishery permits.  Trial fishery permits are governed by subsection (4) of this section.  Experimental fishery permits are governed by RCW 75.30.220.

          (4) The director shall issue trial fishery permits for a fishery designated as an emerging commercial fishery unless the director determines there is a need to limit the number of participants under RCW 75.30.220.  A person who meets the qualifications of RCW 75.28.020 may hold a trial fishery permit.  The holder of a trial fishery permit shall comply with the terms of the permit.  Trial fishery permits are not transferable from the permit holder to any other person.

 

        Sec. 19.  RCW 75.28.280 and 1989 c 316 s 12 are each amended to read as follows:

          A hardshell clam mechanical harvester fishery license is required to operate a mechanical or hydraulic device for commercially harvesting clams, other than geoduck clams, ((on a clam farm)) unless the requirements of RCW 75.20.100 are fulfilled for the proposed activity.  ((Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065, the annual license fee is four hundred ten dollars for residents and eight hundred twenty dollars for nonresidents.))

 

        Sec. 20.  RCW 75.28.290 and 1989 c 316 s 14 are each amended to read as follows:

          A person who commercially takes shellfish from state oyster reserves under RCW 75.24.070 must have an oyster reserve fishery license ((is required for the commercial taking of shellfish from state oyster reserves.  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)).

 

        Sec. 21.  RCW 75.28.095 and 1989 c 316 s 2, 1989 c 147 s 1, and 1989 c 47 s 2 are each reenacted and amended to read as follows:

          (1) ((A charter boat license is required for a vessel to be operated as a charter boat from which food fish are taken for personal use.  Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065,)) The director shall issue the charter licenses and angler permits listed in this section according to the requirements of this title.  The licenses and permits and their annual ((license)) fees and surcharges are:

 

          ((Species))                           ((Resident)) Annual                                 ((Nonresident

          License or Permit                 Fee                                                                    Fee))

                                                               (RCW 75.50.100 Surcharge)                       Governing

                                                               Resident             Nonresident                    Section

(a) ((Food fish other

    than salmon))

          Nonsalmon charter    (($135)) $149     (($270)) $299

(b) Salmon ((and

    other food fish))

          charter                                (($275)) $304     (($550)) $609                 RCW

                                                                           (plus $100)         (plus $100)         75.30.065

(c) Salmon angler               $  0                               $  0                                           RCW

                                                                                                                                                   75.30.070

(d) Salmon roe                               $ 20                              $ 20                                          RCW

                                                                                                                                                   75.28.690

 

          (2) Except as provided in subsection (5) of this section, it is unlawful to operate a vessel as a charter boat from which salmon or salmon and other food fish are taken without a salmon charter license designating the vessel.  The director may issue a salmon charter license only to a person who meets the qualifications of RCW 75.30.065.

          (3) Except as provided in subsections (2) and (5) of this section, it is unlawful to operate a vessel as a charter boat from which food fish or shellfish are taken without a nonsalmon charter license.  As used in this subsection, "food fish" does not include salmon.

          (4) "Charter boat" means a vessel from which persons may, for a fee, fish for food fish or shellfish for personal use, and ((which delivers)) that brings food fish or shellfish into state ports or ((delivers)) brings food fish or shellfish taken from state waters into United States ports.  The director may specify by rule when a vessel is a "charter boat" within this definition.  "Charter boat" does not mean((:

          (a) Vessels not generally engaged in charter boat fishing which are under private lease or charter and operated by the lessee for the lessee's personal recreational enjoyment; or

          (b) Vessels)) a vessel used by ((guides)) a guide for clients fishing for food fish for personal use in freshwater rivers, streams, and lakes, other than Lake Washington or that part of the Columbia River below the bridge at Longview.

          (((3))) (5) A charter boat licensed in Oregon ((shall be permitted to)) may fish without a Washington charter ((boat)) license under the same rules as Washington charter boat operators in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point ((under the same regulations as Washington charter boat operators)), as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers.  The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations.

          (((4) A vessel shall not engage in both charter or sports fishing and commercial fishing on the same day.))

 

        Sec. 22.  RCW 75.28.690 and 1989 c 316 s 18 are each amended to read as follows:

          (1) A ((deckhand)) salmon roe license is required for a crew member on a ((licensed)) boat designated on a salmon charter ((boat)) license to sell salmon roe as provided in subsection (2) of this section.  ((Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065, the annual license fee is twenty dollars.))  An individual under sixteen years of age may hold a salmon roe license.

          (2) A ((deckhand)) crew member on a ((licensed)) boat designated on a salmon charter ((boat)) license may sell salmon roe taken from fish caught for personal use, subject to rules of the director and the following conditions:

          (a) The salmon is taken ((while)) by an angler fishing on the charter boat;

          (b) The roe is the property of the angler until the roe is given to the ((deckhand)) crew member.  The crew member shall notify the charter boat's passengers ((are notified)) of this fact ((by the deckhand));

          (c) The crew member sells the roe ((is sold)) to a licensed wholesale dealer; and

          (d) The ((deckhand)) crew member is licensed as provided in subsection (1) of this section and has the license in possession whenever the crew member sells salmon roe ((is sold)).

 

          NEW SECTION.  Sec. 23.  A new section is added to chapter 75.28 RCW to read as follows:

          PERSONAL LICENSES--FEES.  The director shall issue the personal licenses listed in this section according to the requirements of this title.  The licenses and their annual fees are:

 

Personal License                Annual Fee                                 Governing

                                                   (RCW 75.50.100 Surcharge)           Section

                                                   Resident Nonresident

 

(1) Alternate Operator                     $ 50                  $100                  Section 25 of

                                                                                                                           this act

(2) Geoduck Diver                          $111                  $221                  RCW 75.28.287 (as

                                                                                                                           recodified by

                                                                                                                           section 54 of this

                                                                                                                           act)

(3)      Salmon Guide                                  $ 55                  $554                  RCW 75.28.710

                                                               (plus $20)          (plus $100)

 

        Sec. 24.  RCW 75.28.287 and 1990 c 163 s 6 are each amended to read as follows:

          Every diver engaged in the commercial harvest of geoduck ((or other)) clams shall obtain a nontransferable geoduck diver license.

 

          NEW SECTION.  Sec. 25.  A new section is added to chapter 75.28 RCW to read as follows:

          ALTERNATE OPERATOR LICENSE REQUIRED.  (1) A person who holds a commercial fishery license, delivery license, or charter license may operate the vessel designated on the license.  A person who is not the license holder may operate the vessel designated on the license only if:

          (a) The person holds an alternate operator license issued by the director; and

          (b) The person is designated as an alternate operator on the underlying commercial fishery license, delivery license, or charter license under section 9 of this act.

          (2) Only an individual at least sixteen years of age may hold an alternate operator license.

          (3) No individual may hold more than one alternate operator license.  An individual who holds an alternate operator license may be designated as an alternate operator on an unlimited number of commercial fishery licenses, delivery licenses, and charter licenses under section 9 of this act.

          (4) As used in this section, to "operate" means to control the deployment or removal of fishing gear from state waters while aboard a vessel, to operate a vessel as a charter boat, or to operate a vessel delivering food fish or shellfish taken in offshore waters to a port within the state.

 

        Sec. 26.  RCW 75.28.710 and 1991 c 362 s 2 are each amended to read as follows:

          ((A professional salmon guide license is required for the holder)) (1) It is unlawful to offer or perform the services of a professional salmon guide in the taking of salmon for personal use in freshwater rivers and streams, other than in that part of the Columbia river below the bridge at Longview, without a professional salmon guide license.  ((The annual license fees are fifty dollars for residents and five hundred dollars for nonresidents.  A surcharge of twenty dollars shall be assessed on each resident guide license and a surcharge of one hundred dollars shall be assessed on each nonresident guide license for the purposes of RCW 75.50.100.))

          (2) Only an individual at least sixteen years of age may hold a professional salmon guide license.  No individual may hold more than one professional salmon guide license.

 

        Sec. 27.  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 fishery licenses;

          (c) The commercial crab fishing industry in cases involving dungeness crab--Puget Sound ((crab)) fishery licenses ((endorsements));

          (d) The commercial herring fishery in cases involving herring ((validations)) fishery licenses;

          (e) The commercial Puget Sound whiting fishery in cases involving whiting--Puget Sound ((whiting)) fishery licenses ((endorsements));

          (f) The commercial sea urchin fishery in cases involving sea urchin ((endorsements to shellfish diver)) dive fishery licenses; and

          (g) The commercial sea cucumber fishery in cases involving sea cucumber ((endorsements to shellfish diver)) dive fishery 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, and 43.03.065.

 

        Sec. 28.  RCW 75.30.065 and 1983 1st ex.s. c 46 s 141 are each amended to read as follows:

          ((Salmon charter boat licenses issued under RCW 75.28.095(1)(b) may be issued only to boats which)) (1) After May 28, 1977, the director shall issue no new salmon charter licenses.  A person may renew an existing salmon charter license only if the person held ((a salmon charter boat)) the license sought to be renewed during the previous year or ((had transferred to the boat such a)) acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another ((boat)) person.  ((A boat is entitled to only one salmon charter boat license.))

          (2) Salmon charter ((boat)) licenses may be renewed each year.  A salmon charter ((boat)) license which is not renewed each year shall not be renewed further.

          ((Salmon charter boat licenses are transferable.))

          (3) Subject to the restrictions in section 11 of this act, salmon charter licenses are transferrable from one license holder to another.

 

        Sec. 29.  RCW 75.30.070 and 1989 c 147 s 2 are each amended to read as follows:

          (1) ((In addition to a salmon charter boat license, an angler permit is required to operate a salmon)) Except as provided in subsection (3) of this section, it is unlawful to operate a vessel as a charter boat from which salmon are taken in salt water without an angler permit.  The angler permit shall specify the maximum number of persons that may fish from the charter boat per trip ((and shall be issued annually without charge)).  The angler permit expires if the salmon charter ((boat)) license is not renewed.

          (2) Only a person who holds a salmon charter license issued under RCW 75.28.095 and 75.30.065 may hold an angler permit.

          (3) An angler permit shall not be required for charter boats licensed in Oregon and fishing in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point under the same regulations as Washington charter boat operators, as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers.  The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations.

 

        Sec. 30.  RCW 75.30.090 and 1983 1st ex.s. c 46 s 143 are each amended to read as follows:

          A salmon charter boat may not carry more anglers than the number specified in the angler permit issued ((to the boat)) under RCW 75.30.070.  Members of the crew may fish from the boat only to the extent that the number of anglers specified in the angler permit exceeds the number of noncrew passengers on the boat at that time.

 

        Sec. 31.  RCW 75.30.100 and 1983 1st ex.s. c 46 s 144 are each amended to read as follows:

          (1) The total number of anglers authorized by the department shall not exceed the total number authorized for 1980.

          (2) Angler permits issued under RCW 75.30.070 are transferable.  All or a portion of the permit may be transferred to another salmon charter ((boat)) license holder.

          (3) The angler permit holder and proposed transferee shall notify the department ((shall be notified)) when transferring an angler permit ((is transferred)), and the department shall issue a new angler permit certificate.  If the original permit holder retains a portion of the permit, the department shall issue a new angler permit certificate reflecting the decrease in angler capacity.

          (4) The department shall collect a fee of ten dollars for each certificate issued under ((this)) subsection (3) of this section.

 

        Sec. 32.  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)) Except as provided in subsection (2) of this section, after May 6, 1974, the director shall issue no new commercial salmon fishery licenses or salmon delivery licenses.  A person may renew an existing 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)) only if the person held ((a state commercial salmon fishing)) the license ((or salmon delivery permit)) sought to be renewed during the previous year or ((had transferred to the vessel such a)) acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license ((or permit)) to another ((vessel; and

          (b) From which food fish were caught and landed in this state or in another state during the previous year as documented by a valid fish receiving document)) person.

          (2) Where the ((failure)) person failed to obtain the license ((or permit)) during the previous year ((was the result)) because of a license ((or permit)) suspension, the ((vessel)) person may qualify for a license ((or permit)) by establishing that the ((vessel)) person 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) Subject to the restrictions in section 11 of this act, commercial salmon ((fishing)) fishery licenses and salmon delivery ((permits)) licenses are transferable from one license holder to another.

 

        Sec. 33.  RCW 75.30.125 and 1986 c 198 s 2 are each amended to read as follows:

          Any commercial salmon ((fishing)) fishery license issued under RCW 75.28.110 or salmon delivery ((permit)) license issued under RCW 75.28.113 shall revert to the department when any government confiscates and sells the vessel ((to which the license or permit was issued)) designated on the license.  Upon application of the person named on the license ((or permit)) as license holder and the approval of the director, the department shall transfer the license ((or permit)) to the ((original owner)) applicant.  Application for transfer of the license ((or permit)) must be made within the calendar year ((in which the vessel was licensed)) for which the license was issued.

 

        Sec. 34.  RCW 75.30.130 and 1983 1st ex.s. c 46 s 147 are each amended to read as follows:

          (1) It is unlawful to take dungeness crab (Cancer magister) in ((the)) Puget Sound ((licensing district)) without first obtaining a dungeness crab--Puget Sound ((crab)) fishery license ((endorsement)).  As used in this section, "Puget Sound" has the meaning given in RCW 75.28.110(5)(a).  A dungeness crab--Puget Sound fishery license ((endorsement)) is not required to take other species of crab, including red rock crab (Cancer productus).

          (2) ((Commercial crab licenses issued under RCW 75.28.130(3) endorsed for the Puget Sound licensing district may be issued only to vessels)) Except as provided in subsections (3) and (7) of this section, after January 1, 1982, the director shall issue no new dungeness crab--Puget Sound fishery licenses.  Only a person who meets the following qualifications may renew an existing license:

          (a) ((Which)) The person shall have held ((a commercial)) the dungeness crab--Puget Sound fishery license ((endorsed for the Puget Sound licensing district)) sought to be renewed during the previous year or ((had transferred to the vessel such a)) acquired the license by transfer from someone who held it during the previous year, and ((has)) shall not have subsequently transferred the ((endorsed)) license to another ((vessel)) person; and

          (b) ((From which)) The person shall document, by valid shellfish receiving tickets issued by the department, that one thousand pounds of dungeness crab were caught and ((landed in this state)) sold during the previous two-year period ending on December 31st of an odd-numbered year((, as documented by a valid shellfish receiving ticket.  This requirement shall apply to licenses for which application is made after January 1, 1984)):

          (i) Under the license sought to be renewed; or

          (ii) Under any combination of the following commercial fishery licenses that the person held when the crab were caught and sold:  Crab pot‑-Non-Puget Sound, crab ring net‑-Non-Puget Sound, dungeness crab‑-Puget Sound.  Sales under a license other than the one sought to be renewed may be used for the renewal of no more than one dungeness crab‑-Puget Sound fishery license.

          (3) Where the ((failure)) person failed to obtain the license during the previous year ((was the result)) because of a license suspension, the ((vessel)) person may qualify for a license by establishing that the ((vessel)) person held such a license during the last year in which the license was not suspended.

          (((3))) (4) The director may reduce or waive the ((landing)) poundage requirement established under subsection (2)(b) of this section upon the recommendation of a review board established under RCW 75.30.050.  The review board may recommend a reduction or waiver of the ((landing)) poundage requirement in individual cases if, in the board's judgment, extenuating circumstances prevent achievement of the ((landing)) poundage requirement.  The director shall adopt rules governing the operation of the review boards and defining "extenuating circumstances."

          (((4))) (5) This section does not restrict the issuance of commercial crab licenses for areas other than ((the)) Puget Sound ((licensing district is not restricted by this section)) or for species other than dungeness crab.

          (((5) License endorsements issued under this section are not)) (6) Subject to the restrictions in section 11 of this act, dungeness crab--Puget Sound fishery licenses are transferable from one ((owner)) license holder to another ((owner, except from parent to child or upon the death of the owner, before July 1, 1986.  This restriction applies to all changes in the vessel owner named on the license, including (a) changes during the license year, and (b) changes during the license renewal process between years.  This restriction does not prevent changes in vessel operator or transfers between vessels when the vessel owner remains unchanged.  Upon request of a vessel owner, the director may issue a temporary permit to allow the vessel owner to use the license endorsement on a leased or rented vessel)).

          (((6))) (7) If ((less)) fewer than two hundred ((vessels)) persons are eligible for dungeness crab--Puget Sound fishery licenses ((endorsements)), the director may accept applications for new ((endorsements)) licenses.  The director shall determine by random selection the successful applicants for the additional ((endorsements)) licenses.  The number of additional ((endorsements)) licenses issued shall be sufficient to maintain two hundred ((vessels)) licenses in the Puget Sound dungeness crab fishery.  The director shall adopt rules governing the application, selection, and issuance procedures for new dungeness crab--Puget Sound ((crab)) fishery licenses ((endorsements)), based upon recommendations of a board of review established under RCW 75.30.050.

 

        Sec. 35.  RCW 75.30.140 and 1983 1st ex.s. c 46 s 148 are each amended to read as follows:

          (1) ((In addition to a commercial fishing license, a herring validation is required to)) It is unlawful to fish commercially for herring in state waters without a herring fishery license.  ((Herring validations shall be issued without charge.))  As used in this section, "herring fishery license" means any of the following commercial fishery licenses issued under RCW 75.28.120: Herring dip bag net; herring drag seine; herring gill net; herring lampara; herring purse seine.

          (2) Except as provided in this section, ((permanent)) a herring ((validations)) fishery license may be issued only to a person who:

          (a) Established initial eligibility for a ((permanent)) herring ((validation)) fishery license as provided in subsection (3) of this section or ((had transferred to the person a permanent herring validation)) acquired such a license by transfer; ((and))

          (b) Held a herring fishery license during the previous year or acquired such a license by transfer; and

          (c) Has not subsequently transferred the ((validation)) license to another person.

          (3) A person may establish initial eligibility for a ((permanent)) herring ((validation)) fishery license by:

          (a) Documenting to the department that the person landed herring during the period January 1, 1971, through April 15, 1973;

          (b) Documenting to the department that the person landed herring during the period January 1, 1969, through December 31, 1970, if the person was in the armed forces of the United States during the period January 1, 1971, through April 15, 1973; or

          (c) Applying to the department and qualifying for a ((permanent)) herring ((validation)) fishery license under hardship criteria established by rule of the director.

          Landings may be documented only by a department fish receiving ticket.

          (4) A ((permanent)) herring ((validation)) fishery license may be ((used)) issued only ((with)) for the type of fishing gear ((originally)) used to establish initial eligibility for the ((validation)) license.

          (5) The director may establish rules governing the administration of this section based upon recommendations of a board of review established under RCW 75.30.050.

          (6) ((Additional permanent and temporary validations may be granted by the department)) Except as provided in subsection (8) of this section, after January 1, 1995, the director shall issue no new herring fishery licenses.  After January 1, 1995, a person may renew an existing license only if the person held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person.

          (7) Herring fishery licenses may be renewed each year.  A herring fishery license that is not renewed each year shall not be renewed further.

          (8) The department may issue additional herring fishery licenses if the stocks of herring will not be jeopardized by granting additional ((validations)) licenses.  ((Herring validations are transferable.))

          (9) Subject to the restrictions of section 11 of this act, herring fishery licenses are transferable from one license holder to another.

 

        Sec. 36.  RCW 75.28.235 and 1989 c 176 s 1 are each amended to read as follows:

          The legislature finds that the wise management of Washington state's herring resource is of paramount importance to the people of the state.  The legislature finds that herring are an important part of the food chain for a number of the state's living marine resources.  The legislature finds that both open and closed pond "spawn on kelp" harvesting techniques allow for an economic return to the state while at the same time providing for the proper management of the herring resource.  The legislature finds that limitations on the number of herring harvesters tends to improve the management and economic health of the herring industry.  The maximum number of herring spawn on kelp ((permits)) fishery licenses shall not exceed five annually.  The state therefore must use its authority to regulate the number of herring spawn on kelp ((permits)) fishery licenses so that the management and economic health of the herring fishery may be improved.

 

        Sec. 37.  RCW 75.28.245 and 1989 c 176 s 2 are each amended to read as follows:

          ((In addition to a commercial fishing license, a herring validation, and other applicable permits required under state law,)) (1) A herring spawn on kelp ((permit)) fishery license is required to commercially take herring eggs which have been deposited on vegetation of any type.  ((All herring spawn on kelp permits shall be sold at auction to))

          (2) A herring spawn on kelp fishery license may be issued only to a person who:

          (a) Holds a herring fishery license issued under RCW 75.28.120 and 75.30.140; and

          (b) Is the highest bidder in an auction conducted under subsection (3) of this section.

          (3) The department shall sell herring spawn on kelp commercial fishery licenses at auction to the highest bidder.  Bidders ((are required to)) shall identify their sources of kelp.  Kelp harvested from state-owned aquatic lands as defined in RCW 79.90.465 requires the written consent of the department of natural resources.  The department shall give all holders of herring ((validation holders)) fishery licenses thirty days' notice of the auction.

 

        Sec. 38.  RCW 75.30.160 and 1986 c 198 s 6 are each amended to read as follows:

          ((In addition to any other license, a Puget Sound commercial whiting endorsement is required to take whiting in the waters of marine fish-shell fish management and catch reporting areas 24B, Port Susan; 24C, Saratoga Passage; 26A, Possession Sound; or any other area designated by the department.  An annual endorsement fee is two hundred dollars for residents and four hundred dollars for nonresidents.  The license shall be affixed to the licensed vessel.)) It is unlawful to take whiting from areas that the department designates within the waters described in RCW 75.28.110(5)(a) without a whiting--Puget Sound fishery license.

 

        Sec. 39.  RCW 75.30.170 and 1986 c 198 s 5 are each amended to read as follows:

          ((To obtain a Puget Sound commercial whiting endorsement, the owner of the vessel must have)) (1) A whiting--Puget Sound fishery license may be issued only to an individual who:

          (a) Delivered at least fifty thousand pounds of whiting during the period from January 1, 1981, through February 22, 1985, as verified by fish delivery tickets ((and must have));

          (b) Possessed, on January 1, 1986, all equipment necessary to fish for whiting; and

          (c) Held a whiting--Puget Sound fishery license during the previous year or acquired such a license by transfer from someone who held it during the previous year.

          (2) After January 1, 1995, the director shall issue no new whiting‑‑Puget Sound fishery licenses.  After January 1, 1995, only an individual who meets the following qualifications may renew an existing license:  The individual shall have held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and shall not have subsequently transferred the license to another person.

          (3) Whiting--Puget Sound fishery licenses may be renewed each year.  A whiting--Puget Sound fishery license that is not renewed each year shall not be renewed further.

 

        Sec. 40.  RCW 75.30.180 and 1986 c 198 s 4 are each amended to read as follows:

          ((Commercial Puget Sound whiting license endorsements issued under RCW 75.30.160 shall be valid for the owner and the vessel for which the endorsement was issued.  The endorsement)) A whiting--Puget Sound fishery license may be transferred through gift, devise, bequest, or descent to members of the license holder's immediate family which shall be limited to spouse, children, or stepchildren.  ((Only a natural person may possess an endorsement.  The owner of the endorsement must)) The holder of a whiting--Puget Sound fishery license shall be present on any vessel taking whiting under ((terms of)) the ((endorsement)) license.  In no instance may temporary permits be issued.

          The director may adopt rules necessary to implement RCW ((75.30.150)) 75.30.160 through 75.30.180.

 

        Sec. 41.  RCW 75.30.210 and 1990 c 62 s 2 are each amended to read as follows:

          (1) ((After October 1, 1990,)) It is unlawful to commercially take any species of sea urchin using shellfish diver gear without first obtaining a sea urchin ((endorsement to accompany a shellfish diver)) dive fishery license.  ((A sea urchin endorsement to a shellfish diver license issued under RCW 75.28.130(5) shall be limited to those vessels which:

          (a) Held a commercial shellfish diver license, excluding clams, during calendar years 1988 and 1989 or had transferred to the vessel such a license;

          (b) Have not transferred the license to another vessel; and

          (c) Can establish, by means of dated shellfish receiving documents issued by the department, that twenty thousand pounds of sea urchins were caught and landed under the license during the period of April 1, 1986, through March 31, 1988.

          Endorsements issued under this section are a new licensing condition, and the continuing license provisions of RCW 34.05.422(3) are not applicable.))

          (2) ((In addition to the requirements of subsection (1) of this section, after December 31, 1991, sea urchin endorsements to shellfish diver licenses issued under RCW 75.28.130(5) may be issued only to vessels)) Except as provided in subsections (3) and (6) of this section, after December 31, 1991, the director shall issue no new sea urchin dive fishery licenses.  Only a person who meets the following qualifications may renew an existing license:

          (a) ((Which)) The person shall have held ((a)) the sea urchin ((endorsement to a shellfish diver)) dive fishery license sought to be renewed during the previous year or ((had transferred to the vessel such a)) acquired the license by transfer from someone who held it during the previous year; and

          (b) ((From which)) The person shall document, by valid shellfish receiving tickets issued by the department, that twenty thousand pounds of sea urchins were caught and ((landed in this state)) sold under the license sought to be renewed during the two-year period ending March 31 of ((an)) the most recent odd-numbered year((, as documented by valid shellfish receiving documents issued by the department)).

          (3) Where ((failure)) the person failed to obtain the license during the previous year ((was the result)) because of a license suspension or revocation by the department or the court, the ((vessel)) person may qualify for a license by establishing that the ((vessel)) person held such a license during the last year in which ((it)) the person was eligible.

          (((3))) (4) The director may reduce or waive ((any landing)) the poundage requirement ((established under)) of subsection (2)(b) of this section upon the recommendation of a board of review established under RCW 75.30.050.  The board of review may recommend a reduction or waiver of the ((landing)) poundage requirement in individual cases if, in the board's judgment, extenuating circumstances prevent achievement of the ((landing)) poundage requirement.  The director shall adopt rules governing the operation of the board of review and defining "extenuating circumstances."

          (((4))) (5) Sea urchin ((endorsements issued under this section)) dive fishery licenses are not transferable from one ((owner)) license holder to another ((owner)), except from parent to child, or from spouse to spouse during marriage or as a result of marriage dissolution, or upon the death of the ((owner)) license holder.  ((This restriction applies to all changes in the vessel owner's name on the license, including (a) changes during the license year, and (b) changes during the license renewal process between years.  This restriction does not prevent changes in vessel operator or transfers between vessels when the vessel owner remains unchanged.  Upon request of a vessel owner, the director may issue a temporary permit to allow the vessel owner to use the license endorsement on a leased or rented vessel.

          (5))) (6) If ((less)) fewer than forty-five ((vessels)) persons are eligible for sea urchin ((endorsements)) dive fishery licenses, the director may accept applications for new ((endorsements)) licenses.  The director shall determine by random selection the successful applicants for the additional ((endorsements)) licenses.  The number of additional ((endorsements)) licenses issued shall be sufficient to maintain up to forty-five ((vessels)) licenses in the sea urchin dive fishery.  The director shall adopt rules governing the application, selection, and issuance procedure for new sea urchin ((endorsements)) dive fishery licenses, based upon recommendations of a board of review established under RCW 75.30.050.

 

        Sec. 42.  RCW 75.30.220 and 1990 c 63 s 2 are each amended to read as follows:

          (1) ((The director may by rule designate a fishery as an emerging commercial fishery.

          (2))) The director may issue experimental fishery permits for commercial harvest in an emerging commercial fishery for which the director has determined there is a need to limit the number of participants.  The director shall determine by rule the number and qualifications of participants for such experimental fishery permits.  Only a person who holds an emerging commercial fishery license issued under section 18 of this act and who meets the qualifications established in those rules may hold an experimental fishery permit.  The director shall limit the number of these permits to prevent habitat damage, ensure conservation of the resource, and prevent overharvesting.  In developing rules for limiting participation in an emerging or expanding commercial fishery, the director shall appoint a five-person advisory board representative of the affected fishery industry.  The advisory board shall review and make recommendations to the director on rules relating to the number and qualifications of the participants for such ((supplemental)) experimental fishery permits.

          (((3))) (2) RCW 34.05.422(3) does not apply to applications for new experimental fishery permits.

          (((4) Upon request of a vessel owner, the director may allow the vessel owner to temporarily transfer the experimental fishery permit to a leased or rented vessel.  The director shall allow such temporary transfers only when the vessel holding the experimental fishery permit is disabled.))

          (3) Experimental fishery permits are not transferable from the permit holder to any other person.

 

        Sec. 43.  RCW 75.30.240 and 1990 c 63 s 4 are each amended to read as follows:

          Within five years after adopting rules to govern the number and qualifications of participants in an emerging commercial fishery, the director shall provide to the appropriate senate and house of representatives committees a report which outlines the status of the fishery and a recommendation as to whether a separate commercial fishery license, license fee, or ((endorsement and/or a)) limited harvest program should be established for that fishery.

 

        Sec. 44.  RCW 75.30.250 and 1990 c 61 s 2 are each amended to read as follows:

          (1) ((After April 30, 1990,)) It is unlawful to commercially take while using shellfish diver gear any species of sea cucumber without first obtaining a sea cucumber ((endorsement to accompany a shellfish diver)) dive fishery license.

          ((A)) (2) Except as provided in subsection (6) of this section, after December 31, 1991, the director shall issue no new sea cucumber ((endorsement to a shellfish diver)) dive fishery licenses ((issued under RCW 75.28.130(5) shall be limited to those vessels which)).  Only a person who meets the following qualifications may renew an existing license:

          (a) ((Held a commercial shellfish diver license (excluding clams), between January 1, 1989, and December 31, 1989, or had transferred to the vessel such a license, and held a permit for harvest of sea cucumbers in 1989;

          (b) Have not transferred the license to another vessel;

          (c) Can establish, by means of dated shellfish receiving documents issued by the department, that thirty landings of sea cucumbers were made under the license during the period of January 1, 1988, through December 31, 1989; and

          (d) Endorsements issued under this section are a new licensing condition, and the continuing license provisions of RCW 34.05.422(3) are not applicable.

          (2) In addition to the requirements of subsection (1) of this section, after December 31, 1991, sea cucumber endorsements to shellfish diver licenses issued under RCW 75.28.130(5) may be issued only to vessels which:

          (a))) The person shall have held ((a)) the sea cucumber ((endorsement to a shellfish diver)) dive fishery license sought to be renewed during the previous two years or ((had transferred to the vessel such a)) acquired the license by transfer from someone who held it during the previous year; and

          (b) ((Can)) The person shall establish, by means of dated shellfish receiving documents issued by the department, that thirty landings of sea cucumbers totaling at least ten thousand pounds were made under the license during the previous two-year period ending December 31 of the odd-numbered year.

          (3) Where ((failure)) the person failed to obtain the license during either of the previous two years ((was the result)) because of a license suspension by the department or the court, the ((vessel)) person may qualify for a license by establishing that the ((vessel)) person held such a license ((and a sea cucumber endorsement)) during the last year in which ((it)) the person was eligible.

          (((3))) (4) The director may reduce or waive any landing or poundage requirement established under this section upon the recommendation of a board of review established under RCW 75.30.050.  The board of review may recommend a reduction or waiver of any landing or poundage requirement in individual cases if, in the board's judgment, extenuating circumstances prevent achievement of the landing or poundage requirement.  The director shall adopt rules governing the operation of the board of review and defining "extenuating circumstances."

          (((4))) (5) Sea cucumber ((endorsements issued under this section)) dive fishery licenses are not ((transferrable)) transferable from one ((owner)) license holder to another ((owner)) except from parent to child, from spouse to spouse during marriage or as a result of marriage dissolution, or upon death of the ((owner)) license holder.  ((This restriction does not prevent changes in vessel operator or transfers between vessels when the vessel owner remains unchanged.

          (5))) (6) If ((less)) fewer than fifty ((vessels)) persons are eligible for sea cucumber ((endorsements)) dive fishery licenses, the director may accept applications for new ((endorsements)) licenses from those persons who can demonstrate two years' experience in the Washington state sea cucumber ((diver)) dive fishery.  The director shall determine by random selection the successful applicants for the additional ((endorsements)) licenses.  The number of additional ((endorsements)) licenses issued shall be sufficient to maintain up to fifty ((vessels)) licenses in the sea cucumber dive fishery.  The director shall adopt rules governing the application, selection, and issuance procedure for new sea cucumber ((endorsements)) dive fishery licenses, based upon recommendations of a board of review established under RCW 75.30.050.

 

          NEW SECTION.  Sec. 45.  A new section is added to chapter 75.30 RCW to read as follows:

          VESSEL-TO-PERSON TRANSITION.  (1) A person who on January 1, 1994, owns a vessel that on December 31, 1993, qualifies for a salmon charter boat license under section 141, chapter 46, Laws of 1983 1st ex. sess. shall be deemed to qualify for a 1994 salmon charter license under section 28(1) of this act.

          (2) A person who on January 1, 1994, owns a vessel that on December 31, 1993, qualifies for a 1994 commercial salmon fishing license or salmon delivery permit under section 146, chapter 46, Laws of 1983 1st ex. sess. shall be deemed to qualify for a 1994 commercial salmon fishery license or salmon delivery license under section 32(1) of this act.

          (3) A person who on January 1, 1994, owns a vessel that on December 31, 1993, qualifies for a 1994 Puget Sound crab license endorsement under section 147, chapter 46, Laws of 1983 1st ex. sess. shall be deemed to qualify for a 1994 dungeness crab--Puget Sound fishery license under section 34(2) of this act.

          (4) A person who on December 31, 1993, qualifies for a 1994 herring validation under section 148, chapter 46, Laws of 1983 1st ex. sess. shall be deemed to qualify for a 1994 herring fishery license under section 35(2) of this act.

          (5) A person who on December 31, 1993, qualifies for a 1994 Puget Sound commercial whiting endorsement under section 5, chapter 198, Laws of 1986 shall be deemed to qualify for a 1994 whiting--Puget Sound fishery license under section 39(1) of this act.

          (6) A person who on January 1, 1994, owns a vessel that on December 31, 1993, qualifies for a 1994 sea urchin endorsement to a shellfish diver license under section 2, chapter 62, Laws of 1990 shall be deemed to qualify for a 1994 sea urchin dive fishery license under section 41(2) of this act.  Any sea urchin landings made from the vessel between April 1, 1993, and December 31, 1993, shall be deemed to be sales under section 41(2)(b) of this act.

          (7) A person who on January 1, 1994, owns a vessel that on December 31, 1993, qualifies for a 1994 sea cucumber endorsement to a shellfish diver license under section 2, chapter 61, Laws of 1990 shall be deemed to qualify for a 1994 sea cucumber dive fishery license under section 44(2) of this act.

          (8) This section shall expire January 1, 1995.

 

          NEW SECTION.  Sec. 46.  A new section is added to chapter 75.30 RCW to read as follows:

          GEODUCK FISHERY LICENSES.  (1) It is unlawful to harvest geoduck clams commercially without a geoduck fishery license.  This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.

          (2) Only a person who has entered into a geoduck harvesting agreement with the department of natural resources under RCW 79.96.080 may hold a geoduck fishery license.

          (3) A geoduck fishery license authorizes no taking of geoducks outside the boundaries of the public lands designated in the underlying harvesting agreement, or beyond the harvest ceiling set in the underlying harvesting agreement.

          (4) A geoduck fishery license expires when the underlying geoduck harvesting agreement terminates.

          (5) The director shall determine the number of geoduck fishery licenses that may be issued for each geoduck harvesting agreement, the number of units of gear whose use the license authorizes, and the type of gear that may be used, subject to RCW 75.24.100.  In making those determinations, the director shall seek to conserve the geoduck resource and prevent damage to its habitat.

          (6) The holder of a geoduck fishery license and the holder's agents and representatives shall comply with all applicable commercial diving safety regulations adopted by the federal occupational safety and health administration established under the federal occupational safety and health act of 1970 as such law exists on May 8, 1979, 84 Stat. 1590 et seq.; 29 U.S.C. Sec. 651 et seq.  A violation of those regulations is a violation of this subsection.  For the purposes of this section, persons who dive for geoducks are "employees" as defined by the federal occupational safety and health act.  A violation of this subsection is grounds for suspension or revocation of a geoduck fishery license following a hearing under the procedures of chapter 34.05 RCW.  The department shall not suspend or revoke a geoduck fishery license if the violation has been corrected within ten days of the date the license holder receives written notice of the violation.  If there is a substantial probability that a violation of the commercial diving standards could result in death or serious physical harm to a person engaged in harvesting geoduck clams, the department shall suspend the license immediately until the violation has been corrected.  If the license holder is not the operator of the harvest vessel and has contracted with another person for the harvesting of geoducks, the department shall not suspend or revoke the license if the license holder terminates its business relationship with that person until compliance with this subsection is secured.

 

        Sec. 47.  RCW 75.08.011 and 1990 c 63 s 6 and 1990 c 35 s 3 are each reenacted and amended to read as follows:

          As used in this title or rules of the director, unless the context clearly requires otherwise:

          (1) "Director" means the director of fisheries.

          (2) "Department" means the department of fisheries.

          (3) "Person" means an individual or a public or private entity or organization.  The term "person" includes local, state, and federal government agencies, and all business organizations, including corporations and partnerships.

          (4) "Fisheries patrol officer" means a person appointed and commissioned by the director, with authority to enforce this title, rules of the director, and other statutes as prescribed by the legislature.  Fisheries patrol officers are peace officers.

          (5) "Ex officio fisheries patrol officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction.  The term "ex officio fisheries patrol officer" also includes wildlife agents, special agents of the national marine fisheries service, United States fish and wildlife special agents, state parks commissioned officers, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

          (6) "To fish," "to harvest," and "to take" and their derivatives mean an effort to kill, injure, harass, or catch food fish or shellfish.

          (7) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.

          (8) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.

          (9) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.

          (10) "Resident" means a person who has for the preceding ninety days maintained a permanent abode within the state, has established by formal evidence an intent to continue residing within the state, and is not licensed to fish as a resident in another state.

          (11) "Nonresident" means a person who has not fulfilled the qualifications of a resident.

          (12) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that shall not be fished for except as authorized by rule of the director.  The term "food fish" includes all stages of development and the bodily parts of food fish species.

          (13) "Shellfish" means those species of marine and freshwater invertebrates that shall not be taken except as authorized by rule of the director.  The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

          (14) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in Title 77 RCW, and includes:

 

                                       Scientific Name                 Common Name

 

                           Oncorhynchus tshawytscha             Chinook salmon

                           Oncorhynchus kisutch                   Coho salmon

                           Oncorhynchus keta                                   Chum salmon

                           Oncorhynchus gorbuscha               Pink salmon

                           Oncorhynchus nerka                                 Sockeye salmon

 

          (15) "Commercial" means related to or connected with buying, selling, or bartering.  Fishing for food fish or shellfish with gear unlawful for fishing for personal use, or possessing food fish or shellfish in excess of the limits permitted for personal use are commercial activities.

          (16) "To process" and its derivatives mean preparing or preserving food fish or shellfish.

          (17) "Personal use" means for the private use of the individual taking the food fish or shellfish and not for sale or barter.

          (18) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel to which are attached no more than two single hooks or one artificial bait with no more than four multiple hooks.

          (19) "Open season" means those times, manners of taking, and places or waters established by rule of the director for the lawful fishing, taking, or possession of food fish or shellfish.  "Open season" includes the first and last days of the established time.

          (20) (("Emerging commercial fishery" means any commercial fishery:

          (a) For food fish or shellfish so designated by rule of the director, except that no species harvested under a license limitation program contained in chapter 75.30 RCW may be designated as a species in an emerging commercial fishery.

          (b) Which will include, subject to the limitation in (a) of this subsection, all species harvested for commercial purposes as of June 7, 1990, and the future commercial harvest of all other species in the waters of the state of Washington.

          (21) "Experimental fishery permit" means a permit issued by the director to allow the recipient to engage in an emerging commercial)) "Fishery" means the taking of one or more particular species of food fish or shellfish with particular gear in a particular geographical area.

          (21) "Limited-entry license" means a license subject to a license limitation program established in chapter 75.30 RCW.

 

        Sec. 48.  RCW 75.08.230 and 1989 c 176 s 4 are each amended to read as follows:

          (1) Except as provided in this section, state and county officers receiving the following moneys shall deposit them in the state general fund:

          (a) The sale of licenses required under this title;

          (b) The sale of property seized or confiscated under this title;

          (c) Fines and forfeitures collected under this title;

          (d) The sale of real or personal property held for department purposes;

          (e) Rentals or concessions of the department;

          (f) Moneys received for damages to food fish, shellfish or department property; and

          (g) Gifts.

          (2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.

          (3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the director shall be remitted as provided in chapter 3.62 RCW.

          (4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.

          (5) Proceeds from the sale of salmon and salmon eggs by the department, to the extent these proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270.  Allocations under this subsection shall be made only for hatchery operations partially or wholly financed by sources other than state general revenues or for purposes of processing human consumable salmon for disposal.

          (6) Moneys received by the director under RCW 75.08.045, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270.  Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources.

          (7) Proceeds from the sale of herring spawn on kelp ((permits)) fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270.  Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.

 

          NEW SECTION.  Sec. 49.  A new section is added to chapter 75.12 RCW to read as follows:

          It is unlawful to use a vessel in both charter or recreational fishing and commercial fishing on the same day.

 

        Sec. 50.  RCW 75.28.134 and 1989 c 316 s 9 are each amended to read as follows:

          (((1) In addition to a shellfish pot license, a Hood Canal shrimp endorsement is required to take shrimp commercially in that portion of Hood Canal lying south of the Hood Canal floating bridge.  Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065, the annual endorsement fee is two hundred twenty-five dollars for a resident and four hundred fifty dollars for a nonresident.

          (2) Not)) It is unlawful to use more than fifty shrimp pots ((may be used)) while commercially fishing for shrimp in that portion of Hood Canal lying south of the Hood Canal floating bridge.

 

        Sec. 51.  RCW 75.24.100 and 1984 c 80 s 2 are each amended to read as follows:

          (1) ((The director may issue licenses, with the approval of the commissioner of public lands, for the commercial harvesting of geoduck clams from specific tracts of beds of navigable waters for which harvest rights have been granted by the department of natural resources.  The director shall not authorize commercial harvesting on)) It is unlawful to take geoduck clams for commercial purposes outside the harvest area designated in a current department of natural resources geoduck harvesting agreement issued under RCW 79.96.080.  It is unlawful to commercially harvest geoduck clams from bottoms ((which)) that are shallower than eighteen feet below mean lower low water (0.0. ft.), or ((which)) that lie in an area bounded by the line of ordinary high tide (mean high tide) and a line two hundred yards seaward from and parallel to the line of ordinary high tide.  ((If the director determines that the number of units of gear is sufficient to harvest the known available crop and that additional units of gear might prove damaging to the resource or its habitat, the director may suspend the issuance of additional licenses until the director determines there is need for additional units of gear to achieve a sustained harvest.))  This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.

          (2) Commercial geoduck harvesting shall be done with a hand-held, manually operated water jet or suction device guided and controlled from under water by a diver.  Periodically, the director shall determine the effect of each type or unit of gear upon the geoduck population or the substrate they inhabit.  The director may require modification of the gear or stop its use if it is being operated in a wasteful or destructive manner or if its operation may cause permanent damage to the bottom or adjacent shellfish populations.

          (((3) A person, including the person's agents or representatives, who holds a license under subsection (1) of this section shall comply with all applicable commercial diving safety regulations adopted by the federal occupational safety and health administration established under the federal occupational safety and health act of 1970 as such law exists on May 8, 1979 (84 Stat. 1590 et seq.; 29 U.S.C. Sec. 651 et seq.).  A violation of these regulations is a violation of this subsection.  For the purposes of this section, persons who dive for geoducks are "employees" as defined by the federal occupational safety and health act.  A violation of this subsection is grounds for suspension or revocation of the license following a hearing as provided for in chapter 34.05 RCW.  A license shall not be suspended or revoked if the violation has been corrected within ten days of receipt of written notice of the violation.  If there is a substantial probability that a violation of the commercial diving standards could result in death or serious physical harm to a person engaged in harvesting geoduck clams, the department shall suspend the license immediately until the violation has been corrected.  If the licensee is the holder of a tract license and contracts with another person for the harvesting of geoducks, the license shall not be suspended or canceled if the licensee terminates its business relationship with such entity until compliance with this subsection is secured.))

 

        Sec. 52.  RCW 75.28.070 and 1983 1st ex.s. c 46 s 110 are each amended to read as follows:

          ((Clam or oyster farm, oyster reserve, and)) Wholesale fish dealer licenses shall be displayed at the business premises of the licensee.

 

        Sec. 53.  RCW 75.50.100 and 1990 c 58 s 3 are each amended to read as follows:

          The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer.  Only the director or the director's designee may authorize expenditures from the account.  The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

          A surcharge of one dollar shall be collected on each recreational salmon license sold in the state.  A surcharge of one hundred dollars shall be collected on each commercial salmon ((fishing)) fishery license, each salmon delivery license, and each salmon charter ((boat "salmon and other food fish")) license sold in the state.  The department shall study methods for collecting and making available, an annual list, including names and addresses, of all persons who obtain recreational and commercial salmon fishing licenses.  This list may be used to assist formation of the regional fisheries enhancement groups and allow the broadest participation of license holders in enhancement efforts.  The results of the study shall be reported to the house of representatives fisheries and wildlife committee and the senate environment and natural resources committee by October 1, 1990.  All receipts shall be placed in the regional fisheries enhancement group account and shall be used exclusively for regional fisheries enhancement group projects for the purposes of RCW 75.50.110.  Funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991.

          All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the regional fisheries enhancement group account for use by the regional fisheries enhancement group that produced the surplus.  The ((department)) director shall adopt rules to implement this section pursuant to chapter 34.05 RCW.

 

          NEW SECTION.  Sec. 54.  (1) RCW 75.28.070 as amended by section 52 of this act is recodified within chapter 75.28 RCW to follow RCW 75.28.300.

          (2) RCW 75.28.134 as amended by section 50 of this act is recodified as a section in chapter 75.12 RCW.

          (3) RCW 75.28.235 as amended by section 36 of this act is recodified as a section in chapter 75.30 RCW.

          (4) RCW 75.28.245 as amended by section 37 of this act is recodified as a section in chapter 75.30 RCW.

          (5) RCW 75.28.287 as amended by section 24 of this act is recodified within chapter 75.28 RCW to follow RCW 75.28.710.

 

          NEW SECTION.  Sec. 55.  RCW 75.30.150 is decodified.

 

          NEW SECTION.  Sec. 56.  The following acts or parts of acts are each repealed:

          (1) RCW 75.28.012 and 1983 1st ex.s. c 46 s 102, 1971 ex.s. c 283 s 2, & 1957 c 171 s 1;

          (2) RCW 75.28.035 and 1989 c 316 s 1, 1983 1st ex.s. c 46 s 107, 1959 c 309 s 9, & 1955 c 12 s 75.28.100;

          (3) RCW 75.28.060 and 1983 1st ex.s. c 46 s 109, 1971 ex.s. c 283 s 4, 1965 ex.s. c 30 s 1, 1959 c 309 s 8, 1955 c 212 s 3, & 1955 c 12 s 75.28.060;

          (4) RCW 75.28.140 and 1989 c 316 s 10, 1983 1st ex.s. c 46 s 121, 1977 ex.s. c 327 s 7, 1971 ex.s. c 283 s 8, 1965 ex.s. c 73 s 5, 1959 c 309 s 13, & 1955 c 12 s 75.28.140; and

          (5) RCW 75.28.255 and 1989 c 316 s 11, 1983 1st ex.s. c 46 s 122, & 1955 c 212 s 5.

 

          NEW SECTION.  Sec. 57.  Section headings as used in this act do not constitute any part of the law.

 

          NEW SECTION.  Sec. 58.  This act shall take effect January 1, 1994.

 

          NEW SECTION.  Sec. 59.  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.

 


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