FINAL BILL REPORT

                  ESSB 5592

                          C 252 L 95

                      Synopsis as Enacted

Brief Description:  Revising qualifications for coastal crab fishing licenses.

Sponsors:  Senate Committee on Natural Resources (originally sponsored by Senators Spanel and Swecker).

Senate Committee on Natural Resources

House Committee on Natural Resources

Background:  As of January 1, 1995, persons fishing for coastal crab in Washington State waters must have either a coastal crab class A or class B fishery license.  To qualify for a class A license, a person must have made certain minimum landings into Washington during at least two of four designated qualifying seasons, and held one of an enumerated list of Washington licenses during specified years.  Alternatively, a person may qualify by demonstrating a minimum number of landings during specified periods.  A coastal crab class A fishery license is transferable and is subject to a transfer fee.  A person who does not qualify for a coastal crab fishery license may qualify for a coastal crab class B license if that person can prove certain minimum landings into Washington during at least one of the designated qualifying seasons, and held one of an enumerated list of Washington fishery licenses every year since the year of the qualifying landing.  Coastal crab class B licenses are not transferable and cease to exist after December 31, 1999.  Both types of coastal crab licenses have hull length restrictions.

As of January 1, 1995, coastal crab taken in offshore waters (i.e., waters beyond the three-mile territorial waters) may be landed into Washington only if:  (1) they were caught by persons holding either type of coastal crab fishery license; (2) they were caught by persons holding Oregon or California commercial crab fishing licenses, were caught during certain times of the year, and were caught using specified gear; or (3) the director determines that landings into Washington by non-possessors of either type of coastal crab license is in the best interest of the coastal crab processing industry and certain conditions are met.

As of January 1, 1995, an Oregon resident is eligible for coastal crab license if:  the person made certain minimum landings into Oregon during at least two of four designated qualifying seasons; the person held a nonresident non-Puget Sound crab pot license during certain years; and the state of Oregon grants reciprocal access to its territorial waters to Washington crab fishers.

As of January 1, 1995, a person who holds a coastal crab license may not land into Washington crab taken from the exclusive economic zones of Oregon or California unless that person also holds the license or permit required to land those crab into the state from whose exclusive economic zone the crab were taken.

A review board hears cases involving decisions made by the department regarding either type of coastal crab license.  The board has three members:  a person representing commercial crab processors, a person who holds a coastal crab license, and a citizen of a coastal community.

Summary:  Language is added that clarifies that a person qualifies for a coastal crab class A license if that person designated a qualifying vessel or qualifying replacement vessel after December 31, 1993, on a license that meets certain criteria.

Two additional ways for a person to qualify for a class A license are created:  (1) the person landed at least 20,000 pounds of coastal crab per season in at least two of the four designated qualifying seasons, and held one of an enumerated list of Washington licenses during specified years; or (2) the person had a new vessel under construction between December 1, 1988 and September 15, 1992, and landed at least 5,000 pounds of coastal crab with that boat before September 15, 1993.

Votes on Final Passage:

Senate    48 0

House     88 7 (House amended)

Senate    45 0 (Senate concurred)

Effective:  July 23, 1995