SENATE BILL REPORT

SB 5356

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed Senate, March 3, 2009

Title: An act relating to direct retail endorsements issued by the department of fish and wildlife.

Brief Description: Regarding direct retail licenses issued by the department of fish and wildlife.

Sponsors: Senators Haugen and Jacobsen.

Committee Activity: Natural Resources, Ocean & Recreation: 1/26/09, 1/29/09 [DP].

Passed Senate: 3/03/09, 47-0.

SENATE COMMITTEE ON NATURAL RESOURCES, OCEAN & RECREATION

Majority Report: Do pass.

Signed by Senators Jacobsen, Chair; Ranker, Vice Chair; Morton, Ranking Minority Member; Fraser, Hatfield, Stevens and Swecker.

Staff: Curt Gavigan (786-7437)

Background: Wholesale Fish Dealer's License. A business must obtain a wholesale fish dealer's license to commercially process fish or shellfish; conduct certain fish buying, selling, or brokering activities; or manufacture byproducts from fish or shellfish. Unless they possess a direct retail endorsement, fishers must obtain a wholesale dealer's license to land and sell their catch to anyone other than a licensed wholesale fish dealer. A wholesale fish dealer's license is $250.

Direct Retail Endorsements. As an alternative to a wholesale fish dealer's license, a direct retail endorsement (endorsement) allows commercial fishery license holders to clean, dress, and sell retail eligible species directly to consumers. The Department of Fish and Wildlife (DFW) must offer the endorsement to all fishers licensed to harvest retail eligible species, which include salmon, crab, and sturgeon. A single endorsement allows the fisher to sell retail eligible species under any of the fisher's licenses. DFW may set a reasonable fee to cover the administrative costs of an endorsement, which is currently $50. A direct retail endorsement is not available to alternate operators.

Alternate Operators. A person who is not the holder of a commercial fishery license may engage in activities authorized under a license only if the person has an alternate operator license and is designated as an alternate operator on that license. Most commercial fishery licenses allow the holder to designate up to two alternate operators to operate under a license.

Summary of Bill: An alternate operator who is designated on a commercial fishing license for retail eligible species may purchase a direct retail endorsement. A single direct retail endorsement allows the alternate operator to sell retail eligible species under any of the licenses on which the alternate operator is designated.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This bill provides a way to increase the opportunity for citizens to purchase fish directly from the fisher. There are not many new licenses available these days. License holders often lease their licenses to others, who currently are not eligible for a direct retail endorsement. This bill allows those individuals, known as alternate operators, to sell directly to consumers.

Persons Testifying: PRO: Senator Haugen, prime sponsor; David Anderson, fisher.