H-2207

AN ACT Relating to the Dungeness crabCcoastal fishery; amending RCW 75.28.011, 75.30.360, 75.30.380, and 75.30.390; adding a new section to chapter 75.28 RCW; and decodifying RCW 75.30.400.

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

Sec. 1. RCW 75.28.011 and 1995 c 228 s 1 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.

(i) The same as the resident license renewal fee if the license is not limited under chapter 75.30 RCW;

(ii) Three and one-half times the resident renewal fee if the license is not a commercial salmon license and the license is limited under chapter 75.30 RCW;

(iii) Fifty dollars if the license is a commercial salmon license and is limited under chapter 75.30 RCW; ((or))

(iv) Five hundred dollars if the license is a Dungeness crabCcoastal fishery license; or

(v) If a license is transferred from a resident to a nonresident, an additional fee is assessed that is equal to 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.

Sec. 2. 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 each crab pot was fished individually, and if the fisher landing the crab has obtained a valid delivery license; or

~~(c)~~)) (i) 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~~)); (ii) the director has been requested to allow such landings by at least three Dungeness crab processors((~~, and if~~)); (iii) the landings are permitted only between the dates of December 1st to February 15th inclusively((~~, if~~)); (iv) 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)) and each crab pot was fished individually, ((if)); (v) the fisher landing the crab has obtained a valid delivery license((,)); and ((if)) (vi) 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. 3. 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 crab~~Ccoastal 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)) after paying the transfer fee in RCW 75.28.011.

((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 crabC~~coastal fishery license. The cost of the survey shall be paid by the purchaser.~~))

Sec. 4. RCW 75.30.390 and 1994 c 260 s 6 are each amended to read as follows:

((~~(1)~~)) The coastal crab account is created in the custody of the state treasurer. The account shall consist of revenues from fees from the transfer of each Dungeness crabCcoastal fishery assessed under RCW 75.28.011, delivery fees assessed under RCW 75.30.370, and the license surcharge under section 5 of this act. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW but no appropriation is required for expenditures. Funds may 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. ((~~The appropriate standing committees of the legislature shall review the status and expenditures of the coastal crab account yearly.~~

~~(2) A surcharge of two hundred fifty dollars shall be collected with each Dungeness crab~~C~~coastal fishery license and Dungeness crab~~C~~coastal class B fishery license for 1995 and 1996, for the purposes of purchasing Dungeness crab~~C~~coastal class B fishery licenses as provided in RCW 75.30.400. The moneys shall be deposited into the coastal crab account.~~))

NEW SECTION. Sec. 5. A new section is added to chapter 75.28 RCW to read as follows:

A surcharge of one hundred twenty dollars shall be collected with each Dungeness crabCcoastal fishery license and with each Dungeness crabCcoastal class B fishery license issued under RCW 75.28.130. Moneys collected under this section shall be placed in the coastal crab account created under RCW 75.30.390.

NEW SECTION. Sec. 6. RCW 75.30.400 is decodified.