S-1347.2  _______________________________________________

                         SENATE BILL 5846

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senator Snyder

Read first time 02/09/95.  Referred to Committee on Natural Resources.

Revising regulation of crab taken in offshore waters.

    AN ACT Relating to crab taken in offshore waters; and amending RCW 75.30.360 and 75.30.380.

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

    Sec. 1.  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)) and 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 crabCcoastal 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])) fishery license do not qualify the fisher for such licenses.

    Sec. 2.  RCW 75.30.380 and 1994 c 260 s 5 are each amended to read as follows:

    Dungeness crabCcoastal fishery licenses are freely transferable on a willing seller-willing buyer basis((, if upon each sale of a Dungeness crabCcoastal fishery license, twenty percent of the sale proceeds are remitted to the department and deposited in the coastal crab account.  Funds shall be used for license purchase as provided in RCW 75.30.400 or for coastal crab management activities as provided in RCW 75.30.410.

    For any license transfer that includes the transfer of the designated vessel and associated business, the seller must sign a notarized affidavit that the value of the vessel and associated business was not inflated.  A marine survey documenting the value of the vessel and associated business shall be filed with the department along with the affidavit and the application to transfer the Dungeness crabCcoastal fishery license.  The cost of the survey shall be paid by the purchaser)).

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