H-2177.2          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1841

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State of Washington              54th Legislature             1995 Regular Session

By House Committee on Natural Resources (originally sponsored by Representatives Kessler, Johnson, Hatfield, Buck, Kremen, Basich and Sheldon)

Read first time 03/01/95.

Reducing the transfer fee for limited commercial fishery licenses.

     AN ACT Relating to transfer fees for limited commercial fishery licenses; and amending RCW 75.28.011.

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

     Sec. 1.  RCW 75.28.011 and 1993 sp.s. c 17 s 34 are each amended 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.  However, this subsection (2)(c)(ii) does not apply to any commercial salmon license; or

     (((d))) (iii) 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, to be paid by the transferee.

     (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.

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