[atlas:bill]

AN ACT Relating to commercial fishers; amending RCW 77.65.280, 77.15.565, 77.15.620, 77.15.640, 36.71.090, and 69.07.100; adding new sections to chapter 77.65 RCW; creating a new section; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that commercial fishing is vitally important not just to the economy of Washington, but also to the cultural heritage of the maritime communities in the state. Fisher men and women have a long and proud history in the Pacific Northwest. The state government should seek out ways to enable and encourage these professionals to share the rewards of their craft with the nonfishing citizens of and visitors to the state of Washington by removing the administrative roadblocks that discourage the exploration and development of new niche markets.

NEW SECTION. Sec. 2. A new section is added to chapter 77.65 RCW to read as follows:

(1) The department must establish and administer a direct retail license to serve as a single license that permits the holder of a Washington commercial fishing license to process and sell his or her catch directly to consumers at retail, including over the internet. The direct retail license must be issued as an optional addition to all commercial food fish or shellfish licenses that the department offers under this chapter. For the purposes of this section and section 5 of this act, "underlying license" means the existing commercial fishing license that the direct retail license is combined with.

(2) The direct retail license must be offered as an addition to a commercial fishing license issued under the chapter at the time of application for the commercial fishing license. Individuals in possession of a commercial fishing license issued under this chapter may add a direct retail license to their current license at any time. The costs, conditions, responsibilities, and privileges associated with the underlying commercial fishing license is not affected or altered in any way by the addition of a direct retail license.

(3) An individual need only add one direct retail license to his or her license portfolio. If a direct retail license is selected by an individual holding more than one commercial fishing license issued under this chapter, a single direct retail license is considered to be added to all commercial fishing licenses held by that individual, and is the only license required for the individual to sell at retail the harvest permitted by all of the underlying licenses.

(4) In addition to any fees charged for the underlying licenses and harvest documentation as provided for by this chapter or the rules of the department, the department may set a reasonable annual fee not to exceed the administrative costs to the department for a direct retail license.

(5) The direct retail license is required for all holders of a commercial fishing license issued under this chapter who sell their catch or harvest to anyone other than a licensed wholesale dealer within or outside this state.

(6) The holder of a direct retail license is responsible for documenting the commercial harvest of food fish and shellfish according to the provisions of this chapter and the rules of the department for a wholesale fish dealer.

(7) The direct retail license must be displayed wherever a sale to someone other than a licensed wholesale dealer occurs.

(8) The direct retail license is to be held by an individual real person and is not transferrable or assignable. If the underlying license is transferred, the direct retail license may not be transferred with the underlying license. The transferor is not eligible for a full or prorated reimbursement of the annual fee paid for the direct retail license.

(9) The holder of a direct retail license must abide by the provisions of Title 69 RCW as they apply to the processing and retail sale of seafood. The department must issue a pamphlet with the direct retail license generally describing the labeling requirements set forth in chapter 69.04 RCW as they apply to seafood.

NEW SECTION. Sec. 3. A new section is added to chapter 77.65 RCW to read as follows:

The department of health may develop health-based standards relating to the processing and retail sale of food fish and shellfish by the holders of a direct retail license. These standards may be developed in consultation with the department, the department of agriculture, any of the local health departments in the state, and any public health professional. The standards should be developed to protect, to the extent possible, the health of the retail consumer. The standards may vary according to the product being processed or sold by the holder of a direct retail license.

NEW SECTION. Sec. 4. A new section is added to chapter 77.65 RCW to read as follows:

(1) Prior to being issued a direct retail license, an individual must:

(a) Obtain and submit to the department a signed letter on appropriate letterhead from the health department of the county in which the individual makes his or her official residence or where the hailing port for any documented vessel owned by the individual is located. The letter must certify that:

(i) The methods used by the individual to transport, store, and display fresh food fish and shellfish meets that county's standards for retail seafood operations not possessing a direct retail license;

(ii) If the individual makes ice, that it comes from a certified water source;

(iii) The individual has access to satisfactory temperature control equipment; and

(iv) The individual is in compliance with any other health-based standards developed by the department of health under section 3 of this act; and

(b) Submit proof to the department that the individual is in possession of a valid food handlers card.

(2) The requirements of subsection (1) of this section must be completed each license year before a renewal direct retail license can be issued.

(3) Any individual possessing a direct retail license must make his or her facilities available for inspection by the local health department of any county in which he or she sells food fish or shellfish, any designee of the department of health or the department of agriculture, and any fish and wildlife officer.

NEW SECTION. Sec. 5. A new section is added to chapter 77.65 RCW to read as follows:

(1) The direct retail license and the underlying license are conditioned upon compliance with the requirements of this chapter as they apply to wholesale fish dealers and to the rules of the department relating to the payment of fines for violations of rules for the accounting of the commercial harvest of food fish or shellfish.

(2) Violations of the requirements and rules referenced in subsection (1) of this section may result in the suspension of the direct retail license, including the suspension of any rights and privileges provided by the underlying license. The suspended individual must not be reimbursed for any portion of the suspended license. Suspension of the direct retail license may not occur unless and until:

(a) The director has notified by order the holder of the direct retail license when a violation of the rules relating to the accounting of commercial harvest has occurred. The notification must specify the type of violation, the liability to be imposed for damages caused by the violation, a notice that the amount of liability is due and payable by the holder of the direct retail license, and an explanation of the options available to satisfy the liability; and

(b) The holder of the direct retail license has had at least ninety days after the notification provided in (a) of this subsection was received to either make full payment for all liabilities owed or enter into an agreement with the department to pay off all liabilities within a reasonable time.

(3) If, within ninety days after receipt of the order provided in subsection (2)(a) of this section, the amount specified in the order is not paid or the holder of the direct retail license has not entered into an agreement with the department to pay off all liabilities, the prosecuting attorney for any county in which the persons to whom the order is directed do business, or the attorney general upon request of the department, may bring an action on behalf of the state in the superior court for Thurston county, or any county in which the persons to whom the order is directed do business, to seek suspension of the individual's direct retail license for up to five years.

(4) Subsections (2) and (3) of this section do not apply to a holder of a direct marketing license that executes a surety bond and abides by the conditions established in RCW 77.65.320 and 77.65.330 as they apply to wholesale dealers.

Sec. 6. RCW 77.65.280 and 2000 c 107 s 48 are each amended to read as follows:

A wholesale fish dealer's license is required for:

(1) A business in the state to engage in the commercial processing of food fish or shellfish, including custom canning or processing of personal use food fish or shellfish.

(2) A business in the state to engage in the wholesale selling, buying, or brokering of food fish or shellfish. A wholesale fish dealer's license is not required of those businesses which buy exclusively from Washington licensed wholesale dealers and sell solely at retail.

(3) ((~~Fishermen who land and sell their catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state.~~

~~(4)~~)) A business to engage in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish.

((~~(5)~~)) (4) A business employing a fish buyer as defined under RCW 77.65.340.

The annual license fee for a wholesale dealer is two hundred fifty dollars. A wholesale fish dealer's license is not required for persons engaged in the processing, wholesale selling, buying, or brokering of private sector cultured aquatic products as defined in RCW 15.85.020. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

Sec. 7. RCW 77.15.565 and 2000 c 107 s 12 are each amended to read as follows:

Since violation of the rules of the department relating to the accounting of the commercial harvest of food fish and shellfish result in damage to the resources of the state, liability for damage to food fish and shellfish resources is imposed on a wholesale fish dealer or the holder of a direct retail license for violation of a provision in chapter 77.65 RCW or a rule of the department related to the accounting of the commercial harvest of food fish and shellfish and shall be for the actual damages or for damages imposed as follows:

(1) For violation of rules requiring the timely presentation to the department of documents relating to the accounting of commercial harvest, fifty dollars for each of the first fifteen documents in a series and ten dollars for each subsequent document in the same series. If documents relating to the accounting of commercial harvest of food fish and shellfish are lost or destroyed and the wholesale dealer notifies the department in writing within seven days of the loss or destruction, the director shall waive the requirement for timely presentation of the documents.

(2) For violation of rules requiring accurate and legible information relating to species, value, harvest area, or amount of harvest, twenty-five dollars for each of the first five violations of this subsection following July 28, 1985, and fifty dollars for each violation after the first five violations.

(3) For violations of rules requiring certain signatures, fifty dollars for each of the first two violations and one hundred dollars for each subsequent violation. For the purposes of this subsection, each signature is a separate requirement.

(4) For other violations of rules relating to the accounting of the commercial harvest, fifty dollars for each separate violation.

Sec. 8. RCW 77.15.620 and 2000 c 107 s 253 are each amended to read as follows:

(1) A person is guilty of engaging in fish dealing activity without a license in the second degree if the person:

(a) Engages in the commercial processing of fish or shellfish, including custom canning or processing of personal use fish or shellfish and does not hold a wholesale dealer's license required by RCW 77.65.280(1) or 77.65.480 for anadromous game fish, or a direct retail license under section 2 of this act;

(b) Engages in the wholesale selling, buying, or brokering of food fish or shellfish and does not hold a wholesale dealer's or buying license required by RCW 77.65.280(2) or 77.65.480 for anadromous game fish;

(c) Is a fisher who lands and sells his or her catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state and does not hold a ((~~wholesale dealer's license required by RCW 77.65.280(3) or 77.65.480 for anadromous game fish~~)) direct retail license required by section 2 of this act; or

(d) Engages in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish and does not hold a wholesale dealer's license required by RCW 77.65.280((~~(4)~~)) (3) or 77.65.480 for anadromous game fish.

(2) Engaging in fish dealing activity without a license in the second degree is a gross misdemeanor.

(3) A person is guilty of engaging in fish dealing activity without a license in the first degree if the person commits the act described by subsection (1) of this section and the violation involves fish or shellfish worth two hundred fifty dollars or more. Engaging in fish dealing activity without a license in the first degree is a class C felony.

Sec. 9. RCW 77.15.640 and 2000 c 107 s 255 are each amended to read as follows:

(1) A person who holds a wholesale fish dealer's license required by RCW 77.65.280, an anadromous game fish buyer's license required by RCW 77.65.480, ((or)) a fish buyer's license required by RCW 77.65.340, or a direct retail license under section 2 of this act is guilty of violating rules governing wholesale fish buying and dealing if the person:

(a) Fails to possess or display his or her license when engaged in any act requiring the license;

(b) Fails to display or uses the license in violation of any rule of the department;

(d) Violates any other rule of the department regarding wholesale fish buying and dealing.

(2) Violating rules governing wholesale fish buying and dealing is a gross misdemeanor.

Sec. 10. RCW 36.71.090 and 1984 c 25 s 4 are each amended to read as follows:

(1) It shall be lawful for any farmer, gardener, or other person, without license, to sell, deliver, or peddle any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or manufactured by such person and no city or town shall pass or enforce any ordinance prohibiting the sale by or requiring license from the producers and manufacturers of farm produce and edibles as herein defined: PROVIDED, That nothing herein authorizes any person to sell, deliver, or peddle, without license, in any city or town, any dairy product, meat, poultry, eel, fish, mollusk, or shellfish where a license is required to engage legally in such activity in such city or town.

(2) It is lawful for an individual in possession of a valid direct retail license, as established in section 2 of this act, to sell, deliver, or peddle fish, mollusk, or shellfish caught, harvested, or collected by such a person and no city, town, or county may pass or enforce an ordinance prohibiting the sale by or requiring additional licenses or permits from the holder of the valid direct retail license. However, this subsection does not prohibit a city, town, or county from inspecting an individual displaying a direct retail license to verify that there is sufficient temperature control, that any ice used originates from a certified water source, and that the person is in compliance with other health-based standards developed by the department of health under section 3 of this act.

Sec. 11. RCW 69.07.100 and 1995 c 374 s 22 are each amended to read as follows:

The provisions of this chapter shall not apply to establishments issued a permit or licensed under the provisions of:

(1) Chapter 69.25 RCW, the Washington wholesome eggs and egg products act;

(2) Chapter 69.28 RCW, the Washington state honey act;

(3) Chapter 16.49 RCW, the Meat inspection act;

(4) Chapter 77.65 RCW, relating to the direct retail license for wild caught seafood;

(5) Title 66 RCW, relating to alcoholic beverage control; and

((~~(5)~~)) (6) Chapter 69.30 RCW, the Sanitary control of shellfish act((~~: PROVIDED, That~~)). However, if any such establishments process foods not specifically provided for in the above entitled acts, such establishments shall be subject to the provisions of this chapter.

The provisions of this chapter shall not apply to restaurants or food service establishments.

NEW SECTION. Sec. 12. This act takes effect April 1, 2003.