BP BHEAD INT S [atlas:bill]

AN ACT Relating to repurchasing commercial salmon fishing licenses; amending RCW 75.44.140 and 75.44.150; adding a new section to chapter 75.30 RCW; creating a new section; repealing RCW 75.44.100, 75.44.110, 75.44.120, and 75.44.130; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds that the proposed listing of a number of Washington origin salmon stocks as threatened or endangered species under the federal endangered species act does not portend well for the health of the commercial salmon fishery and the charter boat fishery that harvest those endangered stocks. Recovery plans for endangered stocks will necessitate large scale restrictions, or complete fishing closures, for the commercial fishery and charter boat fishery. This situation will result in a serious economic hardship to commercial salmon fishers and charter boat operators. It is the intent of the legislature to provide a source of funds to compensate commercial fishers and charter boat licensees for the loss of their livelihood by purchasing the commercial salmon fisher's license or charter boat license for the purpose of permanent cancellation of the license. State funds may be utilized as a matching share for federal funds that are appropriated for the purpose of commercial salmon fishing license or charter boat license buyback.

NEW SECTION. Sec. 2. A new section is added to chapter 75.30 RCW to read as follows:

The department may purchase commercial salmon fishing licenses from commercial salmon fishers that hold a valid commercial salmon fishing license under RCW 75.30.120, the commercial salmon fishing license limitation program. The department may purchase charter boat licenses from owners that hold valid charter boat licenses under RCW 75.30.065. Purchase of the license is authorized only under the condition that the license is purchased for a one time price and that the license is permanently canceled and removed from the fishery. The department is not authorized to purchase vessels, fishing gear, or salmon delivery licenses. Charter boat licensees who participate in the license buyback program shall not be eligible to transfer all or a part of angler permits issued under RCW 75.30.070.

The department shall not utilize funds from a state appropriation for the buyback or as matching funds for the buyback of commercial salmon fishing licenses or charter boat licenses from nonresident license holders.

The department shall not exceed a state funded share of twenty-five percent for each license purchased under the buyback program.

Sec. 3. RCW 75.44.140 and 1995 c 269 s 3201 are each amended to read as follows:

The director shall adopt rules for the administration of the program. ((~~To assist the department in the administration of the program, the director may contract with persons not employed by the state and may enlist the aid of other state agencies.~~)) Purchase of commercial salmon fishing licenses and salmon charter boat licenses in the buyback program created in section 2 of this act shall only be on a willing buyer‑‑willing seller basis. The director shall strive to first purchase licenses from fisheries that most seriously cause mortality of threatened or endangered salmon stocks.

Sec. 4. RCW 75.44.150 and 1983 1st ex.s. c 46 s 160 are each amended to read as follows:

The director is responsible for the administration and disbursement of all funds((~~, goods, commodities, and services~~)) received by the state under the program.

There is created within the state treasury a fund to be known as the "((~~vessel, gear, license, and permit~~)) salmon commercial fishing license and charter boat reduction fund". This fund shall be used for purchases under RCW 75.44.110 and for the administration of the program. This fund shall be credited with federal or other funds received to carry out the purposes of the program ((~~and the proceeds from the sale or other disposition of property purchased under RCW 75.44.110~~)).

NEW SECTION. Sec. 5. The sum of nineteen million dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1999, from the general fund to the department of fish and wildlife for the purposes of this act.

NEW SECTION. Sec. 6. The following acts or parts of acts are each repealed:

(1) RCW 75.44.100 and 1985 c 7 s 150, 1983 1st ex.s. c 46 s 155, 1977 ex.s. c 230 s 3, & 1975 1st ex.s. c 183 s 3;

(2) RCW 75.44.110 and 1984 c 67 s 1, 1983 1st ex.s. c 46 s 156, 1979 ex.s. c 43 s 1, 1977 ex.s. c 230 s 4, & 1975 1st ex.s. c 183 s 4;

(3) RCW 75.44.120 and 1983 1st ex.s. c 46 s 157 & 1975 1st ex.s. c 183 s 5; and

(4) RCW 75.44.130 and 1983 1st ex.s. c 46 s 158, 1979 ex.s. c 43 s 2, & 1975 1st ex.s. c 183 s 6.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.