Z-0925.1 _______________________________________________
SENATE BILL 5980
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senators Owen, Spanel and Rinehart; by request of Office of Financial Management
Read first time 04/08/93. Referred to Committee on Ways & Means.
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, and 82.27.020; adding new sections to chapter 75.25 RCW; creating a new section; and repealing RCW 75.25.015, 75.25.040, 75.25.090, 75.25.100, and 75.25.126.
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, nine 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, ten 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)) Nine and five-tenths percent.
(b) Pink and sockeye salmon: ((Three)) Five
and seven-tenths percent.
(c) Other food fish and shellfish, except
oysters: ((Two)) Three and eight-tenths percent.
(d) Oysters: ((Seven)) Thirteen
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.
NEW SECTION. Sec. 13. 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; and
(5) RCW 75.25.126 and 1989 c 305 s 7.
--- END ---