S-3288.2                   _______________________________________________

 

                                            SUBSTITUTE SENATE BILL 5980

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Senate Committee on Ways & Means (originally sponsored by Senators Owen, Spanel and Rinehart; by request of Office of Financial Management)

 

Read first time 04/14/93.

 

Revising provisions relating to fishing licenses.


          AN ACT Relating to fishing licenses; amending RCW 75.25.005, 75.25.080, 75.25.110, 75.25.120, 75.25.140, 75.25.150, 75.25.180, 75.50.100, 82.27.020, 75.28.035, 75.28.110, 75.28.113, 75.28.116, 75.28.120, 75.28.125, 75.28.130, 75.28.134, 75.28.140, 75.28.255, 75.28.280, 75.28.290, 75.28.300, 75.28.340, 75.28.690, 75.28.710, and 82.27.020; reenacting and amending RCW 75.28.095; adding new sections to chapter 75.25 RCW; creating a new section; repealing RCW 75.25.015, 75.25.040, 75.25.090, 75.25.100, 75.25.126, and 75.28.065; providing an effective date; and providing an expiration date.

 

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

 

          NEW SECTION.  Sec. 1.  The legislature finds that additional cost savings can be realized by simplifying the department of fisheries recreational licensing system.  The legislature finds that significant benefits will accrue to recreational fishers from streamlining the department of fisheries recreational licensing system.  The legislature finds recreational license fees and commercial landing taxes have not been increased in recent years.  The legislature finds that reduction in important department of fisheries programs can be avoided by increasing recreational license fees and commercial landing taxes.  The legislature finds that it is in the best interest of the state to avoid significant reductions in current department of fisheries activities.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 75.25 RCW to read as follows:

          (1) A personal use food fish license is required for all persons other than residents under fifteen years of age to fish for, take, or possess food fish for personal use from state waters or offshore waters.  A personal use food fish license is not required under this section to fish for, take, or possess carp, smelt, or albacore.

          (2) The fees for personal use food fish licenses are:

          (a) For a resident fifteen years of age or older and under seventy years of age, seven dollars;

          (b) For a resident seventy years of age or older, two dollars; and

          (c) For a nonresident, nineteen dollars.

          (3) The fee for a two-consecutive-day personal use food fish license is four dollars.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 75.25 RCW to read as follows:

          (1) A personal use shellfish license is required for all persons other than residents under fifteen years of age to fish for, take, dig for, or possess shellfish for personal use from state waters or offshore waters including national park beaches.

          (2) The fees for personal use shellfish licenses are:

          (a) For a resident fifteen years of age or older and under seventy years of age, five dollars;

          (b) For a resident seventy years of age or older, three dollars; and

          (c) For a nonresident, twenty dollars.

          (3) The fee for a two-consecutive-day personal use shellfish license is five dollars.

 

        Sec. 4.  RCW 75.25.005 and 1989 c 305 s 1 are each amended to read as follows:

          The following recreational fishing licenses are administered and issued by the department of fisheries under authority of the director of fisheries:

          (1) ((Hood Canal shrimp license)) Personal use food fish license; and

          (2) ((Razor clam license;

          (3) Personal use fishing license;

          (4) Salmon license; and

          (5) Sturgeon license)) Personal use shellfish license.

 

        Sec. 5.  RCW 75.25.080 and 1989 c 305 s 4 are each amended to read as follows:

          (1) It is lawful to ((dig)) fish for, take, or possess the personal-use daily bag limit of ((razor clams)) shellfish or food fish for ((another)) a disabled person if ((that person has)) the harvester is licensed and if the disabled person is licensed and on site while in possession of a physical disability permit issued by the director.

          (2) An application for a physical disability permit must be submitted on a department of fisheries official form and must be accompanied by a licensed medical doctor's certification of disability.

 

        Sec. 6.  RCW 75.25.110 and 1989 c 305 s 8 are each amended to read as follows:

          (1) Any of the recreational fishing licenses required by this chapter shall, upon request, be issued without charge to the following individuals upon request:

          (a) Residents under fifteen years of age ((and residents seventy years of age or older));

          (b) Residents who submit applications attesting that they are a person sixty-five years of age or older who is an honorably discharged veteran of the United States armed forces with a service-connected disability and who has been a resident of this state for the preceding ninety days;

          (c) A blind person;

          (d) A person with a developmental disability as defined in RCW 71A.10.020 with documentation of the disability from the department of social and health services; and

          (e) A person who is physically handicapped and confined to a wheelchair.

          (2) ((Personal use licenses, salmon licenses, and sturgeon licenses shall, upon request, be issued to nonresidents under fifteen years of age.

          (3))) A blind person or a physically handicapped person confined to a wheelchair who has been issued a card for a permanent disability under RCW 46.16.381 may use that card in place of a fishing license ((unless a punchcard is required by the director)).

 

        Sec. 7.  RCW 75.25.120 and 1989 c 305 s 9 are each amended to read as follows:

          In concurrent waters of the Columbia river and in Washington coastal territorial waters from the Oregon-Washington boundary to a point five nautical miles north, an Oregon angling license comparable to the Washington personal use food fish license((,)) or two-consecutive-day personal use food fish license((, salmon license, or sturgeon license)) is valid if Oregon recognizes as valid the Washington personal use food fish license((,)) or two-consecutive-day personal use food fish license((, salmon license, or sturgeon license)) in comparable Oregon waters.

          If Oregon recognizes as valid the Washington personal use food fish license((,)) or two-consecutive-day personal use food fish license((, salmon license, or sturgeon license)) southward to Cape Falcon in the coastal territorial waters from the Washington-Oregon boundary and in concurrent waters of the Columbia river then Washington shall recognize a valid Oregon license comparable to the Washington personal use food fish license((,)) or two-consecutive-day personal use food fish license((, salmon license, or sturgeon license)) northward to Leadbetter Point.

          Oregon licenses are not valid for the taking of food fish when angling in concurrent waters of the Columbia river from the Washington shore.

 

        Sec. 8.  RCW 75.25.140 and 1989 c 305 s 12 are each amended to read as follows:

          (1) Recreational licenses are not transferable.  Upon request of a fisheries patrol officer, ex officio fisheries patrol officer, or authorized fisheries employee, a person digging for, fishing for, or possessing ((razor clams)) shellfish or fishing for or possessing ((Hood Canal shrimp or)) food fish for personal use shall exhibit the required recreational license and write his or her signature for comparison with the signature on the license.  Failure to comply with the request is prima facie evidence that the person does not have a license or is not the person named on the license.

          (2) The ((razor clam)) personal use shellfish license shall be visible on the licensee while ((digging for razor clams)) harvesting shellfish.

 

        Sec. 9.  RCW 75.25.150 and 1989 c 305 s 13 are each amended to read as follows:

          It is unlawful to dig for, fish for, or possess ((razor clams, fish for)) shellfish or ((possess)) food fish((, or take or possess Hood Canal shrimp)) without the licenses required by this chapter.

 

        Sec. 10.  RCW 75.25.180 and 1989 c 305 s 14 are each amended to read as follows:

          Recreational licenses issued by the department of fisheries under this chapter are valid for the following periods:

          (1) Recreational licenses issued without charge to persons designated by this chapter are valid for a period of five years:

          (a) For ((life for)) blind persons;

          (b) For the period of continued state residency for qualified disabled veterans;

          (c) ((For the period of continued state residency for persons sixty-five years of age or more;

          (d))) For ((the period of the disability for)) persons with a developmental disability; and

          (((e))) (d) For ((life for)) handicapped persons confined to a wheelchair who have been issued a permanent disability card((; and

          (f) Until a child reaches fifteen years of age)).

          (2) Two-consecutive-day personal use food fish and shellfish licenses expire at midnight on the day following the validation date written on the license by the license dealer, except two-consecutive-day personal use food fish and shellfish licenses validated for December 31 expire at midnight on that date.

          (3) ((An annual salmon)) A personal use food fish license is valid for a maximum catch of fifteen salmon, after which another ((salmon)) personal use food fish license may be purchased.  A ((salmon)) personal use food fish license is valid only for the calendar year for which it is issued.

          (4) ((An annual sturgeon)) A personal use food fish license is valid for ((a)) an annual maximum catch of fifteen sturgeon.  ((A sturgeon license is valid only for the calendar year for which it is issued.))

          (5) ((All other recreational)) Personal use shellfish licenses are valid for the calendar year for which they are issued.

 

        Sec. 11.  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)) personal use food fish license sold in the state.  A surcharge of one hundred dollars shall be collected on each commercial salmon fishing license and each 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 shall adopt rules to implement this section pursuant to chapter 34.05 RCW.

 

        Sec. 12.  RCW 82.27.020 and 1985 c 413 s 2 are each amended to read as follows:

          (1) In addition to all other taxes, licenses, or fees provided by law there is established an excise tax on the commercial possession of enhanced food fish as provided in this chapter.  The tax is levied upon and shall be collected from the owner of the enhanced food fish whose possession constitutes the taxable event.  The taxable event is the first possession in Washington by an owner.  Processing and handling of enhanced food fish by a person who is not the owner is not a taxable event to the processor or handler.

          (2) A person in possession of enhanced food fish and liable to this tax may deduct from the price paid to the person from which the enhanced food fish (except oysters) are purchased an amount equal to a tax at one-half the rate levied in this section upon these products.

          (3) The measure of the tax is the value of the enhanced food fish at the point of landing.

          (4) The tax shall be equal to the measure of the tax multiplied by the rates for enhanced food fish as follows:

          (a) Chinook, coho, and chum salmon and anadromous game fish:  Five and twenty-five one-hundredths percent.

          (b) Pink and sockeye salmon:  Three and fifteen one-hundredths percent.

          (c) Other food fish and shellfish, except oysters:  Two and one-tenth percent.

          (d) Oysters:  ((Seven)) Eight one-hundredths of one percent.

          (5) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under subsection (4)  of this section.

 

        Sec. 13.  RCW 75.28.035 and 1989 c 316 s 1 are each amended to read as follows:

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

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

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

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

          The vessel owner shall notify the director on forms provided by the department of changes of ownership or ((operator)) vessel and a new license shall be issued upon payment of a fee ((of twenty dollars)):

          (1) For a change in vessel with no change in ownership, the fee shall be thirty dollars;

          (2) For a change in ownership:

          (a) The fee shall be equal to three and one-half times the annual renewal fee for the particular license if the license is limited under chapter 75.30 RCW; and

          (b) The fee shall be equal to the annual renewal fee for the particular license if the license is not limited under chapter 75.30 RCW.

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

          As used in this section, "change in ownership" has its ordinary meaning and includes transfers to corporations, partnerships, or other entities, and transfers by the current owner to the current owner and others jointly in joint tenancy, as tenants in common, or otherwise.

 

        Sec. 14.  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 annual license fees are:

 

                      Species                                      Resident                              Nonresident

                                                                        Fee                                            Fee

 

(a) Food fish other

than salmon                                  $((135)) 219                                           $((270)) 369

(b) Salmon and

other food fish                   $((275)) 474                                           $((550)) 779

 

          The license fees in this subsection include the regional enhancement fee required for salmon licenses under RCW 75.50.100.

          (2) "Charter boat" means a vessel from which persons may, for a fee, fish for food fish, and which delivers food fish into state ports or delivers food fish taken from state waters into United States ports.  "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 used by guides 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) A charter boat licensed in Oregon shall be permitted to fish without a charter boat license 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. 15.  RCW 75.28.110 and 1989 c 316 s 3 are each amended to read as follows:

          (1) The following commercial salmon fishing licenses are required for the licensee 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,)) The annual license fees are:

 

                           Gear                                          Resident                                     Nonresident

                                                                                    Fee                                            Fee

 

          (a) Purse seine                                 $((410)) 624                                           $((820)) 1078

          (b) Gill net                                      $((275)) 474                                           $((550)) 779

          (c) Troll                                          $((275)) 474                                           $((550)) 779

          (d) Reef net                                     $((275)) 474                                           $((550)) 779

 

          The license fees in this subsection include the regional enhancement fee required for salmon licenses under RCW 75.50.100.

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

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

          (4) A separate gill net license is required to fish for salmon in each of the licensing districts established in RCW 75.28.012.

 

        Sec. 16.  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 salmon in offshore waters and delivering the salmon to a place or port in the state shall obtain 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)) four hundred seventy-four dollars for residents and ((five hundred fifty)) seven hundred seventy-nine dollars for nonresidents.  The license fees in this subsection include the regional enhancement fee required for salmon licenses under RCW 75.50.100.  Persons operating fishing vessels licensed under RCW 75.28.125 may apply the delivery license fee ((of fifty dollars)) against the salmon delivery license fee.

          (2) 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.

 

        Sec. 17.  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 not qualified for a license under RCW 75.30.120 is required to obtain a salmon single delivery license in order to make one landing of salmon taken in offshore waters.  The director shall not issue a 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)) three hundred nineteen dollars for residents and ((two hundred seventy)) four hundred sixty-nine dollars for nonresidents.  The license fees in this section include the regional enhancement fee required for salmon licenses under RCW 75.50.100.

 

        Sec. 18.  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)) 125                                 $((100)) 181

(2) Set line                                    $((50)) 125                                 $((100)) 181

(3) Set net                                     $((50)) 125                                 $((100)) 181

(4) Drag seine                                $((50)) 125                                 $((100)) 181

(5) Gill net                                   $((275)) 374                               $((550)) 679

(6) Purse seine                               $((410)) 524                               $((820)) 978

(7) Troll                                                   $((50)) 125                                 $((100)) 181

(8) Bottom fish pots                       $((50)) 125                                 $((100)) 181

(9) Lampara                                  $((100)) 181                               $((200)) 291

(10) Dip bag net                 $((50)) 125                                 $((100)) 181

(11) Brush weir                             $((100)) 181                               $((200)) 291

(12) Other gear                              $((100)) 181                               $((200)) 291

 

        Sec. 19.  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,)) The annual license fee is ((fifty)) one hundred ten dollars for residents and ((one hundred)) two hundred twenty 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.

 

        Sec. 20.  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)) 125                                 $((100)) 181

(2) Shellfish pots

(excluding crab)                             $((50)) 125                                 $((100)) 181

(3) Crab pots

(Puget Sound)                               $((50)) 125                                 $((100)) 181

(4) Crab pots

(other than Puget Sound)     $((200)) 291                   $((400)) 513

(5) Shellfish diver

(excluding clams)                           $((50)) 520                                 $((100)) 1040

(6) Squid gear, all types                   $((100)) 181                               $((200)) 291

(7) Ghost shrimp gear                     $((100)) 181                               $((200)) 291

(8) Commercial razor

clam license                                   $((50)) 125                                 $((100)) 181

(9) Geoduck diver license    $((100)) 181                               $((200)) 291

(10)  Other shellfish gear     $((100)) 181                               $((200)) 291

 

        Sec. 21.  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)) three hundred nineteen dollars for a resident and ((four hundred fifty)) five hundred sixty-eight dollars for a nonresident.

          (2) Not 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. 22.  RCW 75.28.140 and 1989 c 316 s 10 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 and 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) Trawl (Puget Sound)                  $((100)) 181                                           $((200)) 291

(2) Trawl (other than

Puget Sound)                                 $((150)) 236                                           $((300)) 402

 

        Sec. 23.  RCW 75.28.255 and 1989 c 316 s 11 are each amended to read as follows:

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

 

                      Species                                                  Resident                              Nonresident

                                                                                    Fee                                            Fee

 

(1) Columbia River smelt        $((275)) 374                                        $((550)) 679 

(2) Carp                                                       $((50)) 125                                          $((100)) 181

 

        Sec. 24.  RCW 75.28.280 and 1989 c 316 s 12 are each amended to read as follows:

          A mechanical harvester 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)) five hundred twenty-four dollars for residents and ((eight hundred twenty)) nine hundred seventy-eight dollars for nonresidents.

 

        Sec. 25.  RCW 75.28.290 and 1989 c 316 s 14 are each amended to read as follows:

          An oyster reserve 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)) one hundred twenty-five dollars for residents and one hundred eighty-one dollars for nonresidents.

 

        Sec. 26.  RCW 75.28.300 and 1989 c 316 s 16 are each amended to read as follows:

          A wholesale fish dealer's license is required for:

          (1) A business in the state to engage in the commercial processing of food fish or shellfish, including custom canning or processing of personal use food fish or shellfish.

          (2) A business in the state to engage in the wholesale selling, buying, or brokering of food fish or shellfish.  A wholesale fish dealer's license is not required of those businesses which buy exclusively from Washington licensed wholesale dealers and sell solely at retail.

          (3) Fishermen who land and sell their catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state.

          (4) A business to engage in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish.

          (5) A business employing a fish buyer as defined under RCW 75.28.340.

          ((Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065, the annual license fee is one hundred dollars.))  The annual license fee is one hundred eighty-one dollars for persons who purchase fish exclusively from themselves.  The wholesale dealer license fee for persons who do not purchase fish exclusively from themselves is five hundred dollars.  A wholesale fish dealer's license is not required for persons engaged in the processing, wholesale selling, buying, or brokering of private sector cultured aquatic products as defined in RCW 15.85.020.  However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

 

        Sec. 27.  RCW 75.28.340 and 1989 c 316 s 17 are each amended to read as follows:

          (1) A fish buyer's license is required of and shall be carried by each individual engaged by a wholesale fish dealer to purchase food fish or shellfish from a licensed commercial fisherman.  A fish buyer may represent only one wholesale fish dealer.

          (2) ((Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065,)) The annual fee for a fish buyer's license is ((twenty)) ninety-two dollars.

 

        Sec. 28.  RCW 75.28.690 and 1989 c 316 s 18 are each amended to read as follows:

          (1) A deckhand license is required for a crew member on a licensed salmon charter boat 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)) ninety-two dollars.

          (2) A deckhand on a licensed salmon charter boat 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 fishing on the charter boat;

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

          (c) The roe is sold to a licensed wholesale dealer; and

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

 

        Sec. 29.  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 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.  The annual license fees are ((fifty)) one hundred forty-five dollars for residents and ((five hundred)) seven hundred twenty-four dollars for nonresidents.  The license fees include 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.

 

        Sec. 30.  RCW 82.27.020 and 1985 c 413 s 2 are each amended to read as follows:

          (1) In addition to all other taxes, licenses, or fees provided by law there is established an excise tax on the commercial possession of enhanced food fish as provided in this chapter.  The tax is levied upon and shall be collected from the owner of the enhanced food fish whose possession constitutes the taxable event.  The taxable event is the first possession in Washington by an owner.  Processing and handling of enhanced food fish by a person who is not the owner is not a taxable event to the processor or handler.

          (2) A person in possession of enhanced food fish and liable to this tax may deduct from the price paid to the person from which the enhanced food fish (except oysters) are purchased an amount equal to a tax at one-half the rate levied in this section upon these products.

          (3) The measure of the tax is the value of the enhanced food fish at the point of landing.

          (4) The tax shall be equal to the measure of the tax multiplied by the rates for enhanced food fish as follows:

          (a) Chinook, coho, and chum salmon and anadromous game fish:  ((Five)) Six and seventy-five one-hundredths percent.

          (b) Pink and sockeye salmon:  ((Three)) Four and five one-hundredths percent.

          (c) Other food fish and shellfish, except oysters:  Two and seven-tenths percent.

          (d) Oysters:  ((Seven one-hundredths)) Ninety-five one-thousandths of one percent.

          (5) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under subsection (4) of this section.

 

          NEW SECTION.  Sec. 31.  The following acts or parts of acts are each repealed:

          (1) RCW 75.25.015 and 1989 c 305 s 2, 1984 c 80 s 6, & 1983 1st ex.s. c 31 s 1;

          (2) RCW 75.25.040 and 1989 c 305 s 3, 1983 1st ex.s. c 46 s 91, 1980 c 81 s 1, & 1979 ex.s. c 243 s 4;

          (3) RCW 75.25.090 and 1989 c 305 s 5 & 1987 c 87 s 1;

          (4) RCW 75.25.100 and 1989 c 305 s 6, 1987 c 87 s 2, 1983 1st ex.s. c 46 s 94, & 1977 ex.s. c 327 s 11;

          (5) RCW 75.25.126 and 1989 c 305 s 7; and

          (6) RCW 75.28.065 and 1989 c 316 s 19.

 

          NEW SECTION.  Sec. 32.  This act shall take effect January 1, 1994, and shall expire January 1, 1998.

 


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