BP BHEAD INT S

AN ACT Relating to the Puget Sound bottomfish fishery; reenacting and amending RCW 75.30.050; adding new sections to chapter 75.30 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that the Puget Sound trawl fishery for bottomfish has the potential to become overcapitalized. The legislature further finds that overcapitalization can lead to economic hardship, and that reductions in fishing opportunity from future licensing restrictions create uncertainty. It is in the best interest of the bottomfish resource and the commercial trawl fishers in the state to place a moratorium on entry into the Puget Sound trawl fishery for bottomfish.

NEW SECTION. Sec. 2. It is unlawful to trawl commercially for bottomfish in Puget Sound without a Puget Sound trawl bottomfish license. The license shall be valid for the qualifying owner and vessel for which the license was issued. Vessels qualifying for a license under this section shall meet the following criteria:

(1) Landed five thousand pounds of bottomfish per year with a Puget Sound trawl license in three of the five years between 1990 and 1994, as verified by fish delivery tickets;

(2) Possessed a valid commercial Puget Sound trawl license and all gear necessary to fish for bottomfish on December 31, 1993; and

(3) Paid the license fee which shall be the same as the license fee established for the Puget Sound trawl license under RCW 75.28.120.

NEW SECTION. Sec. 3. A Puget Sound trawl bottomfish license is transferable.

NEW SECTION. Sec. 4. A holder of a Puget Sound trawl bottomfish license shall renew the license annually or permanently relinquish the license. The fees for renewal shall be the same as the Puget Sound trawl license fees established in RCW 75.28.120.

Sec. 5. RCW 75.30.050 and 1994 sp.s. c 9 s 807 and 1994 c 260 s 18 are each reenacted and 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; and

(g) The commercial Puget Sound trawl industry in cases involving bottomfish endorsements to Puget Sound trawl licenses.

(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.

NEW SECTION. Sec. 6. The director may reduce but may not waive any landing requirement established under section 2 of this act upon the recommendation of a board of review established under RCW 75.30.050. The board of review may recommend a reduction of the landing requirement in individual cases if in the board's judgment, extenuating circumstances prevent achievement of the landing requirement, or if the individual was significantly involved in the bottomfish fishery in Puget Sound before 1989, whether or not that individual was a license holder. The director shall adopt rules governing the operation of the board of review and defining extenuating circumstances.

NEW SECTION. Sec. 7. Sections 2 through 4 and 6 of this act are each added to chapter 75.30 RCW.