BP BHEAD INT H

AN ACT Relating to coastal crab fishing licenses; amending RCW 75.30.350, 75.30.360, 75.30.430, 75.30.050, 75.28.125, and 75.28.113; and repealing RCW 75.30.420 and 75.30.450.

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

Sec. 1. RCW 75.30.350 and 1994 c 260 s 2 are each amended to read as follows:

(1) Effective January 1, 1995, it is unlawful to fish for coastal crab in Washington state waters without a Dungeness crabCcoastal or a Dungeness crabCcoastal class B fishery license. Gear used must consist of one buoy attached to each crab pot. Each crab pot must be fished individually.

(2) A Dungeness crabCcoastal fishery license is transferable. Such a license shall only be issued to a person who proved active historical participation in the coastal crab fishery by having designated((,)) for any period of time after December 31, 1993, a vessel on the qualifying license that meets the following criteria:

(a) Made a minimum of eight coastal crab landings totaling a minimum of five thousand pounds per season in at least two of the four qualifying seasons identified in subsection (4) of this section, as documented by valid Washington state shellfish receiving tickets; and showed historical and continuous participation in the coastal crab fishery by having held one of the following licenses or their equivalents each calendar year beginning 1990 through 1993, and was designated on the qualifying license of the person who held one of the following licenses in 1994:

(i) Crab potCNon-Puget Sound license, issued under RCW 75.28.130(1)(b);

(ii) Nonsalmon delivery license, issued under RCW 75.28.125;

(iii) Salmon troll license, issued under RCW 75.28.110;

(iv) Salmon delivery license, issued under RCW 75.28.113;

(v) Food fish trawl license, issued under RCW 75.28.120; or

(vi) Shrimp trawl license, issued under RCW 75.28.130; ((or))

(b) Made a minimum of four landings of coastal crab totaling two thousand pounds during the period from December 1, 1991, to March 20, 1992, and made a minimum of eight crab landings totaling a minimum of five thousand pounds of coastal crab during each of the following periods: December 1, 1991, to September 15, 1992; December 1, 1992, to September 15, 1993; and December 1, 1993, to September 15, 1994. For landings made after December 31, 1993, the vessel shall have been designated on the qualifying license of the person making the landings; (c) Made any number of landings of coastal crab totaling a minimum of forty thousand pounds during the period from December 1, 1988, through September 15, 1992, either into Washington ports documented by valid Washington state shellfish receiving tickets, or into Oregon ports within five miles of the Washington-Oregon boundary at the mouth of the Columbia river documented by valid Oregon fish receiving tickets. For landings made in Oregon ports, the person must document that the coastal crab was taken within the area described in subsection (5) of this section by entries in the vessel log book or by certification by three other fishers qualified for the license issued under this subsection; or

(d) If a person can demonstrate prior historical involvement in the Washington crab fishery and had a vessel under construction during part of the qualifying landing period of December 1, 1988, to September 15, 1992, then such person shall also qualify for a license.

(3) A Dungeness crabCcoastal class B fishery license is not transferable. Such a license shall be issued to persons who do not meet the qualification criteria for a Dungeness crabCcoastal fishery license, if the person has designated on a qualifying license after December 31, 1993, a vessel that made a minimum of four landings totaling a minimum of two thousand pounds of coastal crab, documented by valid Washington or Oregon state shellfish receiving tickets, during at least one of the four qualifying seasons, and if the person has participated continuously in the coastal crab fishery by having held or by having owned a vessel that held one or more of the licenses listed in subsection (2) of this section in each calendar year subsequent to the qualifying season in which qualifying landings were made through 1994. For landings made in Oregon ports, the person must document that the coastal crab was taken within the area described in subsection (5) of this section by entries in the vessel log book or by certification by three other fishers qualified for the license issued under this subsection. Dungeness crabCcoastal class B fishery licenses cease to exist after December 31, 1999, and the continuing license provisions of RCW 34.05.422(3) are not applicable.

(4) The four qualifying seasons for purposes of this section are:

(a) December 1, 1988, through September 15, 1989;

(b) December 1, 1989, through September 15, 1990;

(d) December 1, 1991, through September 15, 1992.

(5) For purposes of this section and RCW 75.30.420, "coastal crab" means Dungeness crab (cancer magister) taken in all Washington territorial and offshore waters 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.

Sec. 2. RCW 75.30.360 and 1994 c 260 s 3 are each amended to read as follows:

(1) The director shall allow the landing into Washington state of crab taken in offshore waters only if:

(a) The crab are legally caught and landed by fishers with a valid Washington state Dungeness crabCcoastal fishery license or a valid Dungeness crabCcoastal class B fishery license; or

(b) The crab are legally caught and landed by fishers with a valid Oregon or California commercial crab fishing license ((~~during the calendar year between the dates of February 15th and September 15th inclusive~~)), if the crab were caught in offshore waters beyond the jurisdiction of Washington state, if the crab were taken with crab gear that consisted of one buoy attached to each crab pot, if each crab pot was fished individually, and if the fisher landing the crab has obtained a valid delivery license((~~; or~~

~~(c) The director determines that the landing of offshore Dungeness crab by fishers without a Washington state Dungeness crabCcoastal fishery license or a valid Dungeness crab~~Ccoastal class B fishery license is in the best interest of the coastal crab processing industry and the director has been requested to allow such landings by at least three Dungeness crab processors, and if the landings are permitted only between the dates of December 1st to February 15th inclusively, if only crab fishers commercially licensed to fish by Oregon or California are permitted to land, if the crab was taken with gear that consisted of one buoy attached to each crab pot, if each crab pot was fished individually, if the fisher landing the crab has obtained a valid delivery license, and if the decision is made on a case-by-case basis for the sole reason of improving the economic stability of the commercial crab fishery)).

(2) Nothing in this section allows the commercial fishing of Dungeness crab in waters within three miles of Washington state by fishers who do not possess a valid Dungeness crabCcoastal fishery license or a valid Dungeness crabCcoastal class B fishery license. Landings of offshore Dungeness crab by fishers without a valid Dungeness crabCcoastal fishery license or a valid Dungeness crabCcoastal class B [fishery] license do not qualify the fisher for such licenses.

Sec. 3. RCW 75.30.430 and 1994 c 260 s 10 are each amended to read as follows:

(1) The following restrictions apply to vessel designations and substitutions on Dungeness crabCcoastal fishery licenses and Dungeness crabCcoastal class B fishery licenses:

(a) The holder of the license may not designate on the license a vessel the hull length of which exceeds ninety-nine feet, nor may the holder change vessel designation if the hull length of the vessel proposed to be designated exceeds the hull length or combined hull length of the currently designated vessel or vessels by more than ten feet;

(b) If the hull length of the vessel proposed to be designated is comparable to or exceeds by up to one foot the hull length or combined hull length of the currently designated vessel or vessels, the department may change the vessel designation no more than once in any two consecutive Washington state coastal crab seasons unless the currently designated vessel is lost or in disrepair such that it does not safely operate, in which case the department may allow a change in vessel designation;

(c) If the hull length of the vessel proposed to be designated exceeds by between one and ten feet the hull length or combined hull length of the currently designated vessel or vessels, the department may change the vessel designation no more than once in any five consecutive Washington state coastal crab seasons, unless a request is made by the license holder during a Washington state coastal crab season for an emergency change in vessel designation. If such an emergency request is made, the director may allow a temporary change in designation to another vessel, if the hull length of the other vessel does not exceed by more than ten feet the hull length of the currently designated vessel.

(2) The holder of a license may substitute on the license a vessel the hull length of which does not exceed ninety-nine feet and does not exceed the combined hull lengths of two currently designated vessels being substituted for, if the license on which each vessel is designated is held by or transferred to the holder of the license and one of the licenses is canceled by the department.

(3) For the purposes of this section, "hull length" means the length of a vessel's hull as shown by United States coast guard documentation or marine survey, or for vessels that do not require United States coast guard documentation, by manufacturer's specifications or marine survey.

Sec. 4. RCW 75.30.050 and 1994 sp.s. c 9 s 807 are each amended to read as follows:

(1) The director shall appoint three-member advisory review boards to hear cases as provided in RCW 75.30.060. Members shall be from:

(a) The commercial crab fishing industry in cases involving Dungeness crabCPuget Sound fishery licenses;

(b) The commercial herring fishery in cases involving herring fishery licenses;

(d) The commercial sea cucumber fishery in cases involving sea cucumber dive fishery licenses;

(e) The commercial ocean pink shrimp industry (Pandalus jordani) in cases involving ocean pink shrimp delivery licenses; and

(f) The commercial coastal crab fishery in cases involving Dungeness crabCcoastal fishery licenses and Dungeness crabCcoastal class B fishery licenses. ((~~The members shall include one person from the commercial crab processors, one Dungeness crabCcoastal fishery license holder, and one citizen representative of a coastal community.~~))

(2) Members shall serve at the discretion of the director and shall be reimbursed for travel expenses as provided in RCW 43.03.050, 43.03.060, and 43.03.065.

Sec. 5. RCW 75.28.125 and 1994 c 260 s 21 are each amended to read as follows:

(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 ((~~nonlimited entry~~)) nonsalmon delivery license. As used in this section, "food fish" does not include salmon. As used in this section, "shellfish" does not include ocean pink shrimp ((~~or coastal crab~~)). The annual license fee for a ((~~nonlimited entry~~)) nonsalmon delivery license is one hundred ten dollars for residents and two hundred dollars for nonresidents.

(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 trawlCNon-Puget Sound fishery licenses issued under RCW 75.28.120, ((~~Dungeness crabCcoastal fishery licenses,~~)) ocean pink shrimp delivery licenses, and shrimp trawlCNon-Puget Sound fishery licenses issued under RCW 75.28.130 may deliver food fish or shellfish taken in offshore waters without a ((~~nonlimited entry~~)) nonsalmon delivery license.

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

Sec. 6. RCW 75.28.113 and 1994 c 260 s 22 are each amended to read as follows:

(1) It is unlawful to deliver salmon taken in offshore waters to a place or port in the state without a salmon delivery license from the director. The annual fee for a salmon delivery license is three hundred eighty dollars for residents and six hundred eighty-five dollars for nonresidents. The annual surcharge under RCW 75.50.100 is one hundred dollars for each license. Holders of ((~~nonlimited entry~~)) nonsalmon delivery licenses issued under RCW 75.28.125 may apply the ((~~nonlimited entry~~)) nonsalmon delivery license fee 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.

NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

(1) RCW 75.30.420 and 1994 c 260 s 9; and

(2) RCW 75.30.450 and 1994 c 260 s 16.