Z-0100.1  _______________________________________________

                         SENATE BILL 5128

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Drew, Owen, Spanel and Snyder; by request of Department of Fish and Wildlife

Read first time 01/12/95.  Referred to Committee on Natural Resources.

Authorizing shellfish to be taken under a salmon charter license.

    AN ACT Relating to salmon charter licenses; and amending RCW 75.28.095.

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

    Sec. 1.  RCW 75.28.095 and 1993 sp.s. c 17 s 41 are each amended to read as follows:

    (1) 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 fees and surcharges are:

License or Permit Annual Fee    Governing

               (RCW 75.50.100 Surcharge)      Section

                  Resident      Nonresident

(a) Nonsalmon charter    $225   $375

(b) Salmon charter $380   $685   RCW 75.30.065

                 (plus $100)    (plus $100)

(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 or shellfish 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 that brings food fish or shellfish into state ports or 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 vessel used by 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.

    (5) A charter boat licensed in Oregon may fish without a Washington charter 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, 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.

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