CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 5443

 

 

                   Chapter 244, Laws of 2001

 

 

                        57th Legislature

                      2001 Regular Session

 

 

COMMERCIAL SALMON LICENSES

 

 

 

                    EFFECTIVE DATE:  7/22/01

Passed by the Senate April 18, 2001

  YEAS 40   NAYS 0

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House April 17, 2001

  YEAS 94   NAYS 0

             CERTIFICATE

 

I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SUBSTITUTE SENATE BILL 5443 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

              FRANK CHOPP

Speaker of the

      House of Representatives

            TONY M. COOK

                            Secretary

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

 

 

Approved May 11, 2001 Place Style On Codes above, and Style Off Codes below.  

                                FILED          

 

 

             May 11, 2001 - 9:14 a.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                    SUBSTITUTE SENATE BILL 5443

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 2001 Regular Session

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senate Committee on Natural Resources, Parks & Shorelines (originally sponsored by Senators Spanel, Jacobsen and Kohl‑Welles; by request of Department of Fish and Wildlife)

 

READ FIRST TIME 2/01/01.

Changing the renewal of certain commercial fishing licenses.   


    AN ACT Relating to commercial salmon licenses; and amending RCW 77.65.160, 77.65.030, and 77.65.070.

 

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

 

    Sec. 1.  RCW 77.65.160 and 2000 c 107 s 37 are each amended to read as follows:

    (1) The following commercial salmon fishery licenses are required for the license holder to use the specified gear to fish for salmon in state waters.  Only a person who meets the qualifications of RCW 77.70.090 may hold a license listed in this subsection.  The licenses and their annual fees and surcharges under RCW 77.95.090 are:

 

Fishery Resident Nonresident      Surcharge

License Fee        Fee

 

(a) Salmon Gill Net‑-Grays      $380   $685   plus $100

Harbor-Columbia river

(b) Salmon Gill Net‑-Puget      $380   $685   plus $100

Sound

(c) Salmon Gill Net‑-Willapa    $380   $685   plus $100

Bay-Columbia river

(d) Salmon purse seine   $530   $985   plus $100

(e) Salmon reef net      $380   $685   plus $100

(f) Salmon troll $380     $685   plus $100

 

    (2) A license issued under this section authorizes no taking or delivery of salmon or other food fish unless a vessel is designated under RCW 77.65.100.

    (3) Holders of commercial salmon fishery licenses may retain incidentally caught food fish other than salmon, subject to rules of the department.

    (4) A salmon troll license includes a salmon delivery license.

    (5) A salmon gill net license authorizes the taking of salmon only in the geographical area for which the license is issued.  The geographical designations in subsection (1) of this section have the following meanings:

    (a) "Puget Sound" includes waters of the Strait of Juan de Fuca, Georgia Strait, Puget Sound and all bays, inlets, canals, coves, sounds, and estuaries lying easterly and southerly of the international boundary line and a line at the entrance to the Strait of Juan de Fuca projected northerly from Cape Flattery to the lighthouse on Tatoosh Island and then to Bonilla Point on Vancouver Island.

    (b) "Grays Harbor-Columbia river" includes waters of Grays Harbor and tributary estuaries lying easterly of a line projected northerly from Point Chehalis Light to Point Brown and those waters of the Columbia river and tributary sloughs and estuaries easterly of a line at the entrance to the Columbia river projected southerly from the most westerly point of the North jetty to the most westerly point of the South jetty.

    (c) "Willapa Bay-Columbia river" includes waters of Willapa Bay and tributary estuaries and easterly of a line projected northerly from Leadbetter Point to the Cape Shoalwater tower and those waters of the Columbia river and tributary sloughs described in (b) of this subsection.

    (6) A commercial salmon troll fishery license may be renewed under this section 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.  A commercial salmon gill net, reef net, or seine fishery license may be renewed under this section if the license holder notifies the department ((by August 1st)) before the third Monday in September 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 before the third Monday in September, in order to be considered a valid renewal and eligible to renew the license the following year.

    (7) Notwithstanding the annual license fees and surcharges established in subsection (1) of this section, a person who holds a resident commercial salmon fishery license shall pay an annual license fee of one hundred dollars plus the surcharge if all of the following conditions are met:

    (a) The license holder is at least seventy-five years of age;

    (b) The license holder owns a fishing vessel and has fished with a resident commercial salmon fishery license for at least thirty years;

and

    (c) The commercial salmon fishery license is for a geographical area other than the Puget Sound.

    An alternate operator may not be designated for a license renewed at the one hundred dollar annual fee under this subsection (7).

 

    Sec. 2.  RCW 77.65.030 and 1993 c 340 s 3 are each amended to read as follows:

    The application deadline for a commercial license or permit established in this chapter is December 31st of the calendar year for which the license or permit is sought.  The department shall accept no license or permit applications after December 31st of the calendar year for which the license or permit is sought.  The application deadline in this section does not apply to a license or permit that has not been renewed because of the death of the license or permit holder.  The license or permit holder's surviving spouse, estate, or estate beneficiary must be given a reasonable opportunity to renew the license or permit.

 

    Sec. 3.  RCW 77.65.070 and 1996 c 267 s 27 are each amended to read as follows:

    (1) A commercial license issued under this chapter permits the license holder to engage in the activity for which the license is issued in accordance with this title and the rules of the department.

    (2) No security interest or lien of any kind, including tax liens, may be created or enforced in a license issued under this chapter.

    (3) Unless otherwise provided in this title or rules of the department, commercial licenses and permits issued under this chapter expire at midnight on December 31st of the calendar year for which they are issued.  In accordance with this title, licenses may be renewed annually upon application and payment of the prescribed license fees.  In accordance with RCW 77.65.030, the department must provide a license or permit holder's surviving spouse, estate, or estate beneficiary a reasonable opportunity to renew the license or permit.


    Passed the Senate April 18, 2001.

    Passed the House April 17, 2001.

Approved by the Governor May 11, 2001.

    Filed in Office of Secretary of State May 11, 2001.