BILL REQ. #:  H-1688.1 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to the establishment of a license limitation program for the harvest and delivery of spot shrimp originating from coastal or offshore waters into the state; amending RCW 77.65.210, 77.65.220, and 77.70.005; adding new sections to chapter 77.65 RCW; adding a new section to chapter 77.70 RCW; prescribing penalties; and providing an expiration date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.65 RCW to read as follows:
     (1) A Washington-coastal spot shrimp pot fishery license is required to:
     (a) Use spot shrimp pot gear to fish for spot shrimp;
     (b) Possess spot shrimp; and
     (c) Deliver spot shrimp.
     (2) Washington-coastal spot shrimp pot fishery licenses require vessel designation under RCW 77.65.100.
     (3) A violation of this section is punishable under RCW 77.15.500.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.70 RCW to read as follows:
     (1) A Washington-coastal spot shrimp pot fishery license:
     (a) May only be issued to a natural person who held a coastal spot shrimp experimental emerging commercial fishery license and coastal spot shrimp fishery permit in 2010 or had the license transferred to him or her, under RCW 77.65.020 and 77.65.040, by a person who held a coastal spot shrimp experimental emerging commercial fishery license and coastal spot shrimp fishery permit in 2010;
     (b) Must be renewed annually by December 31st of the calendar year to remain active; and
     (c) Subject to the restrictions of subsection (7) of this section and to RCW 77.65.020 and 77.65.040, is transferable to a natural person beginning January 1, 2012.
     (2) When a person fails to obtain a Washington-coastal spot shrimp pot fishery license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended.
     (3) The annual fee for a Washington-coastal spot shrimp pot fishery license is as specified in RCW 77.65.220.
     (4) Beginning in 2013, after taking into consideration the status of the coastal spot shrimp population, the market for spot shrimp, and the number of active fishers, both nontreaty and treaty, the director may issue a Washington-coastal spot shrimp pot fishery license to a natural person if the issuance would not raise the number of active spot shrimp pot fishery licenses to more than eight.
     (5) Beginning 2012, a Washington-coastal spot shrimp pot fishery license holder is prohibited from designating, on the Washington-coastal spot shrimp pot fishery license:
     (a) A vessel whose surveyed length overall is more than ten feet longer than the surveyed length overall of the vessel designated on the licensee's coastal spot shrimp experimental emerging commercial fishery license as of March 31, 2003; and
     (b) A vessel whose surveyed length overall exceeds ninety feet.
     (6) In the event the Washington-coastal spot shrimp pot fishery license is transferred by sale, lease, inheritance, or lottery, and pursuant to subsection (4) of this section, the vessel length restriction associated with that license must remain attached to the license.
     (7) A natural person may not own or hold an ownership interest in more than one Washington-coastal spot shrimp pot fishery license at a time.
     (8) Only a person who owns or is designated as an operator of the vessel designated on the license may hold a Washington-coastal spot shrimp pot fishery license.
     (9) Nothing in this section:
     (a) Requires the commission to open a commercial coastal spot shrimp fishery in any given year;
     (b) Prohibits the commission from closing or limiting an opened commercial coastal spot shrimp fishery for any reason; or
     (c) Confers any right of compensation to the holder of a Washington-coastal spot shrimp pot fishery license if the license is revoked, limited, or modified by the legislature.
     (10) Issuance of a Washington-coastal spot shrimp pot fishery license does not create, and may not be construed to create, any right, title, or interest in the coastal spot shrimp resource.
     (11) The legislature recognizes that Washington-coastal spot shrimp pot fishery licenses may be revoked by future legislatures if the fishery is found to have jeopardized the sustainability of the coastal spot shrimp resource or the marine ecosystem.

Sec. 3   RCW 77.65.210 and 2007 c 442 s 4 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, a person may not use a commercial fishing vessel to deliver food fish or shellfish taken for commercial purposes in offshore waters to a port in the state without a nonlimited entry delivery license. As used in this section, "deliver" and "delivery" mean arrival at a place or port, and include arrivals from offshore waters to waters within the state and arrivals ashore from offshore waters. As used in this section, "food fish" does not include salmon. As used in this section, "shellfish" does not include ocean pink shrimp, coastal crab, coastal spot shrimp, or fish or shellfish taken under an emerging commercial fisheries license if taken from off-shore waters. The annual license fee for a nonlimited entry delivery license is one hundred ten dollars for residents and two hundred dollars for nonresidents, and an additional thirty-five dollar surcharge for both residents and nonresidents to be deposited in the rockfish research account created in RCW 77.12.702.
     (2) Holders of the following licenses may deliver food fish or shellfish taken in offshore waters without a nonlimited entry delivery license: Salmon troll fishery licenses issued under RCW 77.65.160((,)); salmon delivery licenses issued under RCW 77.65.170((,)); crab pot fishery licenses issued under RCW 77.65.220((,)); food fish trawl -- Non-Puget Sound fishery licenses, and emerging commercial fishery licenses issued under RCW 77.65.200((,)); Dungeness crab -- coastal fishery licenses((,)); ocean pink shrimp delivery licenses((,)); shrimp trawl -- Non-Puget Sound fishery licenses, Washington coastal spot shrimp pot fishery licenses issued under chapter 77.70 RCW; and emerging commercial fishery licenses issued under RCW 77.65.220 ((may deliver food fish or shellfish taken in offshore waters without a nonlimited entry delivery license)).
     (3) A nonlimited entry delivery license authorizes no taking of food fish or shellfish from state waters.

Sec. 4   RCW 77.65.220 and 2000 c 107 s 43 are each amended to read as follows:
     (1) This section establishes commercial fishery licenses required for shellfish fisheries and the annual fees for those licenses. The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title.

Sec. 5   RCW 77.70.005 and 2009 c 331 s 1 are each amended to read as follows:
     The definitions in this section apply throughout this chapter and related rules adopted by the department unless the context clearly requires otherwise.
     (1) "Deliver" or "delivery" means arrival at a place or port, and includes arrivals from offshore waters to waters within the state and arrivals ashore from offshore waters.
     (2) "Pacific sardine" and "pilchard" means the species Sardinops sagax.
     (3) "Spot shrimp" means the species Pandalus platyceros.

NEW SECTION.  Sec. 6   A new section is added to chapter 77.65 RCW to read as follows:
     (1) The director shall provide a report to the legislature, consistent with RCW 43.01.036, regarding the coastal spot shrimp fishery. The report must include any recommended changes to the licensing program created in section 1 of this act deemed appropriate by the director. The report must take into consideration the status of the coastal spot shrimp population, the impact of the removal of coastal spot shrimp to the marine ecosystem, and the market for coastal spot shrimp.
     (2) The report required by this section must be delivered by January 7, 2016.
     (3) This section expires July 31, 2016.