BP BHEAD INT S [atlas:bill]

AN ACT Relating to removing landing requirements for the Puget Sound commercial crab fishery and allowing two licensees to operate one vessel; and amending RCW 75.30.130 and 75.28.048.

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

Sec. 1. RCW 75.30.130 and 1993 c 340 s 34 are each amended to read as follows:

(1) It is unlawful to take dungeness crab (Cancer magister) in Puget Sound without first obtaining a dungeness crab‑-Puget Sound fishery license. As used in this section, "Puget Sound" has the meaning given in RCW 75.28.110(5)(a). A dungeness crab‑-Puget Sound fishery license is not required to take other species of crab, including red rock crab (Cancer productus).

(2) Except as provided in subsections (3) and ((~~(7)~~)) (6) of this section, after January 1, 1982, the director shall issue no new dungeness crab‑-Puget Sound fishery licenses. Only a person who meets the following qualification((s)) may renew an existing license: ((~~(a)~~)) The person shall have held the dungeness crab‑-Puget Sound fishery license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and shall not have subsequently transferred the license to another person((~~; and~~

(b) The person shall document, by valid shellfish receiving tickets issued by the department, that one thousand pounds of dungeness crab were caught and sold during the previous two-year period ending on December 31st of an odd-numbered year:

~~(i) Under the license sought to be renewed; or~~

(ii) Under any combination of the following commercial fishery licenses that the person held when the crab were caught and sold: Crab pot‑-Non-Puget Sound, crab ring net‑-Non-Puget Sound, dungeness crab‑-Puget Sound. Sales under a license other than the one sought to be renewed may be used for the renewal of no more than one dungeness crab‑-Puget Sound fishery license)).

(3) Where the person failed to obtain the license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended.

(4) ((The director may reduce or waive the poundage requirement established under subsection (2)(b) of this section upon the recommendation of a review board established under RCW 75.30.050. The review board may recommend a reduction or waiver of the poundage requirement in individual cases if, in the board's judgment, extenuating circumstances prevent achievement of the poundage requirement. The director shall adopt rules governing the operation of the review boards and defining "extenuating circumstances."

~~(5)~~)) This section does not restrict the issuance of commercial crab licenses for areas other than Puget Sound or for species other than dungeness crab.

((~~(6) Subject to the restrictions in section 11 of this act,~~)) (5) Dungeness crab‑-Puget Sound fishery licenses are transferable from one license holder to another.

((~~(7)~~)) (6) If fewer than two hundred persons are eligible for dungeness crab‑-Puget Sound fishery licenses, the director may accept applications for new licenses. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain two hundred licenses in the Puget Sound dungeness crab fishery. The director shall adopt rules governing the application, selection, and issuance procedures for new dungeness crab‑-Puget Sound fishery licenses, based upon recommendations of a board of review established under RCW 75.30.050.

Sec. 2. RCW 75.28.048 and 1993 c 340 s 25 are each amended to read as follows:

(1) A person who holds a commercial fishery license, delivery license, or charter license may operate the vessel designated on the license. A person who is not the license holder may operate the vessel designated on the license only if:

(a) The person holds an alternate operator license issued by the director; and

(b) The person is designated as an alternate operator on the underlying commercial fishery license, delivery license, or charter license under RCW 75.28.046.

(2) Only an individual at least sixteen years of age may hold an alternate operator license.

(3) No individual may hold more than one alternate operator license. An individual who holds an alternate operator license may be designated as an alternate operator on an unlimited number of commercial fishery licenses, delivery licenses, and charter licenses under RCW 75.28.046.

(4) An individual who holds two Dungeness crabCPuget Sound fishery licenses or two persons who both hold Dungeness crabCPuget Sound fishery licenses may operate one vessel, provided that the owner or alternate operator is on the vessel.

(5) As used in this section, to "operate" means to control the deployment or removal of fishing gear from state waters while aboard a vessel, to operate a vessel as a charter boat, or to operate a vessel delivering food fish or shellfish taken in offshore waters to a port within the state.