BILL REQ. #:  S-1078.2 

Read first time 02/04/2005.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to allowing two holders of Puget Sound Dungeness crab fishery licenses to operate both licenses on one vessel; and amending RCW 77.65.100 and 77.65.130.

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

Sec. 1   RCW 77.65.100 and 2001 c 105 s 3 are each amended to read as follows:
     This section applies to all commercial fishery licenses, delivery licenses, and charter licenses.
     (1) An applicant for a license subject to this section may designate a vessel to be used with the license. Except for emergency salmon delivery licenses, the director may issue a license regardless of whether the applicant designates a vessel. An applicant may designate no more than one vessel on a license subject to this section.
     (2) A license for a fishery that requires a vessel authorizes no taking or delivery of food fish or shellfish unless a vessel is designated on the license. A delivery license authorizes no delivery of food fish or shellfish unless a vessel is designated on the license.
     (3) No vessel may be designated on more than one commercial fishery license unless the licenses are for different fisheries, except:
     (a) The same vessel may be designated on two of the following licenses, provided the licenses are owned by the same licensee:
     (((a) Puget Sound Dungeness crab fishery license;
     (b))) (i) Shrimp pot-Puget Sound fishery license;
     (((c))) (ii) Sea cucumber dive fishery license; and
     (((d))) (iii) Sea urchin dive fishery license.
     (b) The same vessel may be designated on two Puget Sound Dungeness crab fishery licenses, subject to the provision of RCW 77.65.130.
     (4) No vessel may be designated on more than one delivery license, on more than one salmon charter license, or on more than one nonsalmon charter license.

Sec. 2   RCW 77.65.130 and 2000 c 107 s 34 are each amended to read as follows:
     (1) A person who holds a commercial fishery license or a delivery 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 under RCW 77.65.110.
     (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 under RCW 77.65.110.
     (4) An individual who holds two Dungeness crab -- Puget Sound fishery licenses may operate the licenses on one vessel if the ((vessel owner)) license holder 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) Two persons owning separate Dungeness crab--Puget Sound fishery licenses may operate both licenses on one vessel if the license holders or their alternate operators are on the vessel. A representative of each license holder must be present on the vessel.
     (6) As used in this section, to "operate" means to control the deployment or removal of fishing gear from state waters while aboard a vessel or to operate a vessel delivering food fish or shellfish taken in offshore waters to a port within the state.