AN
ACT Relating to alternate operator licenses; amending RCW 75.28.030,
75.28.046, 75.28.047, and 75.28.048; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
75.28.030 and 1993 sp.s. c 17 s 44 are each amended to read as follows:
(1)
Except as otherwise provided in this title, the director shall issue commercial
licenses and permits to a qualified person upon receiving a completed
application accompanied by the required fee.
(2)
An application submitted to the department under this chapter shall contain the
name and address of the applicant and any other information required by the
department or this title. An applicant for a commercial fishery license((,))
or delivery license((, or charter license)) may designate a
vessel to be used with the license ((and)). An applicant for a
commercial fishery license or delivery license may also designate up to two
alternate operators.
(3)
An application submitted to the department under this chapter shall contain the
applicant's declaration under penalty of perjury that the information on the
application is true and correct.
(4)
Upon issuing a commercial license under this chapter, the director shall assign
the license a unique number that the license shall retain upon renewal. The
department shall use the number to record any commercial catch under the
license. This does not preclude the department from using other, additional,
catch record methods.
(5)
The fee to replace a license that has been lost or destroyed is twenty dollars.
Sec.
2. RCW
75.28.046 and 1994 c 260 s 12 are each amended to read as follows:
This
section applies to all commercial fishery licenses((,)) and
delivery licenses((, and charter licenses)), except for whitingCPuget Sound fishery licenses and emergency salmon
delivery licenses.
(1)
The license holder may engage in the activity authorized by a license subject
to this section. With the exception of Dungeness crabCcoastal fishery class B licensees licensed under RCW
75.30.350(((3))) (4), the holder of a license subject to this
section may also designate up to two alternate operators for the license.
Dungeness crabCcoastal
fishery class B licensees may not designate alternate operators. A person
designated as an alternate operator must possess an alternate operator license
issued under ((section 23 of this act and)) RCW 75.28.048.
(2)
The fee to change the alternate operator designation is twenty-two dollars.
Sec.
3. RCW
75.28.047 and 1993 c 340 s 10 are each amended to read as follows:
(1)
Only the license holder and any alternate operators designated on the license
may sell or deliver food fish or shellfish under a commercial fishery license
or delivery license. A commercial fishery license or delivery license
authorizes no taking or delivery of food fish or shellfish unless the license
holder or an alternate operator designated on the license is present or aboard
the vessel.
(2)
((Only the license holder and any alternate operators designated on the
license may)) Notwithstanding RCW 75.28.010(1)(c), an alternate operator
license is not required for an individual to operate a vessel as a charter
boat.
Sec.
4. RCW
75.28.048 and 1997 c 233 s 2 are each amended to read as follows:
(1)
A person who holds a commercial fishery license((,)) or a
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((,)) or 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((,)) or
delivery licenses((, and charter licenses)) under RCW 75.28.046.
(4)
An individual who holds two Dungeness crab‑-Puget Sound fishery
licenses may operate the licenses on one vessel if the vessel owner or
alternate operator is on the vessel. The department shall allow a license
holder to operate up to one hundred crab pots for each license.
(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.
NEW SECTION. Sec. 5. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
