SENATE BILL REPORT

                   SB 6250

              As Reported By Senate Committee On:

          Natural Resources & Parks, February 6, 1998

Title:  An act relating to geoduck diver licenses.

Brief Description:  Revising provisions relating to geoduck diver's licenses.

Sponsors:  Senators Swecker and Snyder.

Brief History:

Committee Activity:  Natural Resources & Parks:  2/3/98, 2/6/98 [DPS].

SENATE COMMITTEE ON NATURAL RESOURCES & PARKS

Majority Report:  That Substitute Senate Bill No. 6250 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Morton, Roach, Snyder, Stevens and Swecker.

Staff:  Paul Mabrey (786-7412)

Background:  Geoduck may only be harvested by divers using hand-held, manually operated water jet or suction devices.  Current law requires that divers must obtain a nontransferrable license in order to commercially harvest geoduck clams.

Summary of Substitute Bill:  Geoduck licenses are made transferrable from parent to child, from spouse to spouse during marriage, or as a result of divorce or property settlement. 

After July 1, 1998, the Director of the Department of Fish and Wildlife must issue no new geoduck divers= licenses unless fewer than 50 persons are eligible for renewal.  A person is eligible to renew an existing license only if the person held the license for four of the seven years between 1991 and 1997 and has not subsequently transferred it to someone else; or the person acquired the license by transfer from someone who held the license the previous year and has not subsequently transferred the license to someone else.

If fewer than 50 persons are eligible to renew a license, the director may accept applications for new licenses.  The director determines who will be issued a new license by random selection from all qualified applicants.  No more than 50 licenses may be issued in any calender year.

Substitute Bill Compared to Original Bill:  The substitute bill makes a format change that makes the language more understandable.  There is no change in substance or meaning.

Appropriation:  None.

Fiscal Note:  Requested on January 29, 1998.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This is a limited entry bill which has been shown in other applications to be effective in controlling and conserving fisheries.  The industry is allowed to address and resolve its own problem of dwindling geoduck populations and industry economics.  Limited entry would also make re-seeding programs more efficient and plausible.

Testimony Against:  A closed shop is created wherein costs will increase and result in an overall detriment to the industry.  The bill limits growth of the industry and limits free enterprise.  Increased litigation will result.

Testified:  PRO:  Brad Nelson, Rick Jensen, Geoduck Harvest Association; CON:  Morris Barker, WDFW; Maria Victoria Peeler, DNR.