5439 AMH NR H2431.1

5439 AMH NR H2431.1

SB 5439 - H COMM AMD

By Committee on Natural Resources

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 77.65.010 and 1998 c 190 s 93 are each amended to read as follows:

(1) Except as otherwise provided by this title, a person may not engage in any of the following activities without a license or permit issued by the director:

(a) Commercially fish for or take food fish or shellfish;

(b) Deliver food fish or shellfish taken in offshore waters;

(d) Engage in processing or wholesaling food fish or shellfish; or

(e) Act as a fishing guide ((~~for salmon for personal use~~)) in freshwater rivers and streams, other than that part of the Columbia river below the bridge at Longview.

(2) No person may engage in the activities described in subsection (1) of this section unless the licenses or permits required by this title are in the person's possession, and the person is the named license holder or an alternate operator designated on the license and the person's license is not suspended.

(3) A valid Oregon license that is equivalent to a license under this title is valid in the concurrent waters of the Columbia river if the state of Oregon recognizes as valid the equivalent Washington license. The director may identify by rule what Oregon licenses are equivalent.

(4) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

Sec. 2. RCW 77.65.150 and 2000 c 107 s 36 are each amended to read as follows:

(1) The director shall issue the charter licenses and angler permits listed in this section according to the requirements of this title. The licenses and permits and their annual fees and surcharges are:

License or Permit Annual Fee Governing

(RCW 77.95.090 Surcharge) Section

Resident Nonresident

(a) Nonsalmon charter $225 $375

(b) Salmon charter $380 $685 RCW 77.70.050

(plus $100) (plus $100)

(d) Salmon roe $ 95 $ 95 RCW 77.65.350

(2) A salmon charter license designating a vessel is required to operate a charter boat to take salmon, other food fish, and shellfish. The director may issue a salmon charter license only to a person who meets the qualifications of RCW 77.70.050.

(3) A nonsalmon charter license designating a vessel is required to operate a charter boat to take food fish other than salmon and shellfish. As used in this subsection, "food fish" does not include salmon.

(4) "Charter boat" means a vessel from which persons may, for a fee, fish for food fish, game fish, or shellfish for personal use, and that brings food fish or shellfish into state ports or brings food fish or shellfish taken from state waters into United States ports. The director may specify by rule when a vessel is a "charter boat" within this definition. "Charter boat" does not mean a vessel used by a guide for clients fishing for food fish or game fish for personal use in freshwater rivers, streams, and lakes, other than Lake Washington or that part of the Columbia River below the bridge at Longview.

(5) A charter boat licensed in Oregon may fish without a Washington charter license under the same rules as Washington charter boat operators in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point, as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers. The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations.

(6) A salmon charter license under subsection (1)(b) of this section may be renewed if the license holder notifies the department by May 1st of that year that he or she will not participate in the fishery during that calendar year. The license holder must pay the one hundred-dollar enhancement surcharge, plus a fifteen-dollar handling charge, in order to be considered a valid renewal and eligible to renew the license the following year.

Sec. 3. RCW 77.65.370 and 1998 c 190 s 98 are each amended to read as follows:

(1) A natural person shall not offer or perform the services of a professional ((~~salmon~~)) fishing guide in the taking of ((~~salmon~~)) game fish and food fish for personal use in freshwater rivers and streams, other than in that part of the Columbia river below the bridge at Longview, without a professional ((~~salmon~~)) fishing guide license.

(2) Only an individual at least sixteen years of age may hold a professional ((~~salmon~~)) fishing guide license. No individual may hold more than one professional ((~~salmon~~)) fishing guide license. No individual may hold a professional fishing guide license unless they can demonstrate to the department's satisfaction that they have a current first aid card and a current cardiopulmonary resuscitation card, a Washington state business license, and adequate liability insurance. For purposes of this subsection, "adequate liability insurance" means general liability insurance coverage that extends to both the guide and employees in an amount of at least three hundred thousand dollars for occurrences of bodily injury and property damage in any one accident.

(3) The director may specify by rule the requirements for identifying boats engaged in professional fish guiding.

Sec. 4. RCW 77.65.440 and 2000 c 107 s 55 are each amended to read as follows:

The director shall issue the personal licenses listed in this section according to the requirements of this title. The licenses and their annual fees are:

Personal License Annual Fee Governing

(RCW 77.95.090 Surcharge) Section

Resident Nonresident

(1) Alternate Operator $ 35 $ 35 RCW 77.65.130

(2) Geoduck Diver $185 $295 RCW 77.65.410

(3) ((~~Salmon Guide~~)) ((~~$130~~)) ((~~$630~~)) RCW 77.65.370

Fishing Guide $175 $620

(plus $20) (plus $100)

Sec. 5. RCW 77.65.480 and 1991 sp.s. c 7 s 4 are each amended to read as follows:

(1) A taxidermy license allows the holder to practice taxidermy for profit. The fee for this license is one hundred eighty dollars.

(2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs for profit. The fee for this license is one hundred eighty dollars.

(3) ((A fishing guide license allows the holder to offer or perform the services of a professional guide in the taking of game fish. The fee for this license is one hundred eighty dollars for a resident and six hundred dollars for a nonresident.

~~(4)~~)) A game farm license allows the holder to operate a game farm to acquire, breed, grow, keep, and sell wildlife under conditions prescribed by the rules adopted pursuant to this title. The fee for this license is seventy-two dollars for the first year and forty-eight dollars for each following year.

((~~(5)~~)) (4) A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the commission. The fee for this permit is twenty-four dollars.

((~~(6)~~)) (5) A fishing or field trial permit allows the holder to promote, conduct, hold, or sponsor a fishing or field trial contest in accordance with rules of the commission. The fee for a fishing contest permit is twenty-four dollars. The fee for a field trial contest permit is twenty-four dollars.

((~~(7)~~)) (6) An anadromous game fish buyer's license allows the holder to purchase or sell steelhead trout and other anadromous game fish harvested by Indian ((~~fishermen~~)) fishers lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director. The fee for this license is one hundred eighty dollars."