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, 75.30.160, 75.28.110,
75.28.113, 75.28.116, 75.28.120, 75.28.125, 75.28.130, 75.28.300, 75.28.030,
and 75.28.340; reenacting and amending RCW 75.28.095 and 75.28.095; adding new
sections to chapter 75.25 RCW; adding new sections to chapter 75.28 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; making an appropriation; providing a contingent
effective date; 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
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,
honorably discharged veterans with service-connected disabilities of thirty
percent or more who have resided in the state for one year or more, or
residents seventy years of age or older 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; and
(b) 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 or
honorably discharged veterans with service-connected disabilities of thirty
percent or more who have resided in the state for one year or more 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 and seaweed 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 present on site and 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.
(3) A person with a physical disability
permit is not required to be present at the location where another person is
digging razor clams for the disabled person. The physical disability permittee
is required to be in the direct line of sight of the person digging razor clams
for him or her, unless it is not possible to be in a direct line of sight
because of a physical obstruction or other barrier. If such a barrier or
obstruction exists, the physical disability permittee is required to be within
one-quarter mile of the person who is digging razor clams for him or her.
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, seaweed
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 and seaweed license shall be visible on the licensee while ((digging
for razor clams)) harvesting shellfish or seaweed.
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-five 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-five 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)) twenty 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)) 225 $((270))
375
(b)
Salmon and
other food fish $((275))
480 $((550)) 785
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))
630 $((820)) 1085
(b) Gill net $((275))
480 $((550)) 785
(c) Troll $((275))
480 $((550)) 785
(d) Reef net $((275))
480 $((550)) 785
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 eighty
dollars for residents and ((five hundred fifty)) seven hundred
eighty-five 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 twenty-five dollars for residents and ((two
hundred seventy)) four hundred seventy-five 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))
130 $((100)) 185
(2) Set line $((50))
130 $((100)) 185
(3) Set net $((50))
130 $((100)) 185
(4) Drag seine $((50))
130 $((100)) 185
(5) Gill net $((275))
380 $((550)) 685
(6) Purse seine $((410))
530 $((820)) 985
(7) Troll $((50))
130 $((100)) 185
(8) Bottom fish pots $((50))
130 $((100)) 185
(9) Lampara $((100))
185 $((200)) 295
(10) Dip bag net $((50)) 130 $((100))
185
(11) Brush weir $((100))
185 $((200)) 295
(12) Other gear $((100))
185 $((200)) 295
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 fifteen dollars for residents and ((one hundred)) two
hundred twenty-five 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)) 130 $((100))
185
(2)
Shellfish pots
(excluding crab) $((50))
130 $((100)) 185
(3)
Crab pots
(Puget Sound) $((50))
130 $((100)) 185
(4)
Crab pots
(((other
than
Puget Sound))) $((200)) 295
$((400)) 520
(5)
Shellfish diver
(excluding clams) $((50))
525 $((100)) 1045
(6) Squid gear, all types $((100))
185 $((200)) 295
(7) Ghost shrimp gear $((100))
185 $((200)) 295
(8)
Commercial razor
clam license $((50))
130 $((100)) 185
(9)
Geoduck diver license $((100)) 185 $((200))
295
(10) Other shellfish gear $((100)) 185
$((200)) 295
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 twenty-five dollars for a resident and
((four hundred fifty)) five hundred seventy-five 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))
185 $((200)) 295
(2) Trawl (other than
Puget Sound) $((150))
240 $((300)) 405
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)) 380
$((550)) 685
(2) Carp $((50))
130 $((100)) 185
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 thirty
dollars for residents and ((eight hundred twenty)) nine hundred
eighty-five 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 thirty dollars for residents and one hundred eighty-five
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 two hundred fifty
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-five
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-five 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 fifty dollars
for residents and ((five hundred)) seven hundred thirty 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 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 ninety-five
dollars for residents and ((four)) five hundred twenty
dollars for nonresidents. The license shall be affixed to the licensed vessel.
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, except that sections 13 through 30
of this act shall take effect only if Senate Bill No. 5124 does not become law
by August 1, 1993.
NEW SECTION. Sec. 33.
This act shall expire January 1, 1998.
NEW SECTION. Sec. 34. A
new section is added to chapter 75.28 RCW to read as follows:
(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: (i) The same as the resident license renewal fee
if the license is not limited under chapter 75.30 RCW; or (ii) three and
one-half times the resident renewal fee if the license is limited under chapter
75.30 RCW.
(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. 35.
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 $380 $685 plus $100
Harbor-Columbia river
(b) Salmon Gill Net--Puget $380 $685 plus $100
Sound
(c) Salmon Gill Net--Willapa $380 $685 plus $100
Bay-Columbia river
(d) Salmon purse
seine (($410)) $530 (($820))$985 plus $100
(((b) Gill net $275 $550
(c) Troll $275 $550
(d))) (e)
Salmon reef net (($275)) $380 (($550))
$685 plus $100
(f) Salmon troll $380 $685 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 under RCW 75.28.--- (section 7 of Senate Bill No. 5124).
(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. 36.
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 eighty
dollars for residents and ((five hundred fifty)) six hundred
eighty-five 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. 37.
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)) two hundred twenty-five
dollars for residents and ((two hundred seventy)) four hundred
seventy-five 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. 38.
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 $185 $295 Yes No
(b) Baitfish purse seine $530 $985 Yes No
(c) Bottom fish jig $130 $185 Yes No
(d) Bottom fish pot $130 $185 Yes No
(e) Bottom fish troll $130 $185 Yes No
(f) Carp $130 $185 No No
(g) Columbia river smelt $380 $685 No No
(h) Dog fish set net $130 $185 Yes No
(i) Emerging commercial $185 $295 Determined Determined
fishery (RCW 75.30.220 by
rule by rule
and 75.28.--- (section
18 of Senate Bill No.
5124))
(j) Food fish drag seine $130 $185 Yes No
(k) Food fish set line $130 $185 Yes No
(l) Food fish trawl-- $240 $405 Yes No
Non-Puget Sound
(m) Food fish trawl-- $185 $295 Yes No
Puget Sound
(n) Herring dip bag net $175 $275 Yes Yes
(RCW 75.30.140)
(o) Herring drag seine $175 $275 Yes Yes
(RCW 75.30.140)
(p) Herring gill net $175 $275 Yes Yes
(RCW 75.30.140)
(q) Herring Lampara $175 $275 Yes Yes
(RCW 75.30.140)
(r) Herring purse seine $175 $275 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, chapter ...
(Senate Bill No. 5124),
Laws of 1993)
(t) Smelt dip bag net $130 $185 No No
(u) Smelt gill net $380 $685 Yes No
(v) Whiting--Puget Sound $295 $520 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. 39.
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 with a commercial fishing vessel 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)) one hundred ten dollars for residents
and ((one)) two hundred dollars for nonresidents. ((Licenses
issued under RCW 75.28.113 (salmon delivery license), RCW 75.28.130(4) (crab
pot, other than Puget Sound), or RCW 75.28.140(2) (trawl, other than Puget
Sound) 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 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. 40.
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 $185 $295 Yes No
(b) Crab pot $295 $520 Yes No
(c) Crab pot-- $130 $185 Yes No
Puget Sound
(d) Crab ring net-- $130 $185 Yes No
Non-Puget Sound
(e) Crab ring net-- $130 $185 Yes No
Puget Sound
(f) Dungeness crab-- $130 $185 Yes Yes
Puget Sound
(RCW 75.30.130)
(g) Emerging commercial $185 $295 Determined Determined
fishery (RCW 75.30.220 by
rule by rule
and 75.28.--- (section
18 of Senate Bill No.
5124))
(h) Geoduck (RCW 75.30.--- $ 0 $ 0 Yes Yes
(section 46 of Senate
Bill No. 5124))
(i) Hardshell clam $530 $985 Yes No
mechanical harvester
(RCW 75.28.280)
(j) Oyster reserve $130 $185 No No
(RCW 75.28.290)
(k) Razor clam $130 $185 No No
(l) Sea cucumber dive $130 $185 Yes Yes
(RCW 75.30.250)
(m) Sea urchin dive $130 $185 Yes Yes
(RCW 75.30.210)
(n) Shellfish dive $525 $1045 Yes No
(o) Shellfish pot $130 $185 Yes No
(p) Shrimp pot-- $325 $575 Yes No
Hood Canal
(q) Shrimp trawl-- $240 $405 Yes No
Non-Puget Sound
(r) Shrimp trawl-- $185 $295 Yes No
Puget Sound
(s) Squid $185 $295 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.
Sec. 41.
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)) $225 (($270))
$375
(b) Salmon ((and
other food fish))
charter (($275))
$380 (($550)) $685 RCW
(plus
$100) (plus $100) 75.30.065
(c) Salmon angler $
0 $ 0 RCW
75.30.070
(d) Salmon roe $
95 $ 95 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.))
NEW SECTION. Sec. 42. A
new section is added to chapter 75.28 RCW to read as follows:
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 RCW
75.28.---
(section
25 of
Senate
Bill No.
5124)
(1) Alternate Operator $ 35 $
35
(2) Geoduck Diver $185 $295 RCW
75.28.287
(as
recodified
by
section 54,
chapter
...
(Senate
Bill No.
5124),
Laws of
1993)
(3) Salmon Guide $130 $630 RCW
75.28.710
(plus
$20) (plus $100)
Sec. 43.
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 for a wholesale dealer is
two hundred fifty 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. 44.
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 twenty dollars.
NEW SECTION. Sec. 45. A
new section is added to chapter 75.28 RCW to read as follows:
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 thirty-five
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.
Sec. 46.
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-five dollars.
NEW SECTION. Sec. 47.
The following acts or parts of acts are each repealed:
(1)
1993 c --- s 5 (section 5 of Senate Bill No. 5124);
(2)
1993 c --- s 8 (section 8 of Senate Bill No. 5124);
(3)
1993 c --- s 11 (section 11 of Senate Bill No. 5124);
(4)
1993 c --- s 12 (section 12 of Senate Bill No. 5124);
(5)
1993 c --- s 13 (section 13 of Senate Bill No. 5124);
(6)
1993 c --- s 14 (section 14 of Senate Bill No. 5124);
(7)
1993 c --- s 15 (section 15 of Senate Bill No. 5124);
(8)
1993 c --- s 16 (section 16 of Senate Bill No. 5124);
(9)
1993 c --- s 17 (section 17 of Senate Bill No. 5124);
(10)
1993 c --- s 21 (section 21 of Senate Bill No. 5124); and
(11)
1993 c --- s 23 (section 23 of Senate Bill No. 5124).
NEW SECTION. Sec. 48.
Sections 34 through 47 of this act shall take effect only if Senate Bill No.
5124 becomes law by August 1, 1993.
NEW SECTION. Sec. 49.
The sum of eighty-five thousand dollars of the revenues derived from increases
in personal use and commercial license fees pursuant to sections 2, 34, 42, and
45 of this act and RCW 75.28.030, 75.28.035, 75.28.095, 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
75.30.160, is appropriated for the biennium ending June 30, 1995, from the
general fund to Washington State University for the purposes of implementation
of the provision of chapter ... (House Bill No. 1309), Laws of 1993.
NEW SECTION. Sec. 50. A
new section is added to chapter 75.28 RCW to read as follows:
Unless the context clearly requires otherwise,
the definition in this section applies throughout this chapter.
"Coastal crab" means Dungeness crab
(Cancer magister) taken in all Washington territorial and offshore water south
of the United States-Canada boundary and west of the Bonilla-Tatoosh Line (a
line from the western end of Cape Flattery to Tatoosh Island Lighthouse, then
to the buoy adjacent to Duntz Rock, then in a straight line to Bonilla Point of
Vancouver Island), Grays Harbor, Willapa Bay, and the Columbia river.
NEW SECTION. Sec. 51. A
new section is added to chapter 75.28 RCW to read as follows:
Effective January 1, 1994, it is unlawful to
fish for coastal crab in Washington state waters or to deliver coastal crab to
a port in the state if the crab is harvested with a vessel equipped with more
than four hundred crab pots. This section shall not apply to deliveries that
are necessary due to bona fide emergencies as determined by the director.
NEW SECTION. Sec. 52. If
the director of the department of fisheries develops proposed legislation as a
result of its study on coastal crab pursuant to chapter 9, Laws of 1992, the
director shall involve the commercial crab industry in the preparation of such
legislation.
NEW SECTION. Sec. 53. 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.
