BILL REQ. #:  H-1156.1 

Read first time 02/08/13.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to geoduck diver licenses; amending RCW 77.65.410; adding a new section to chapter 77.65 RCW; adding a new section to chapter 43.30 RCW; creating a new section; and declaring an emergency.

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

Sec. 1   RCW 77.65.410 and 1993 c 340 s 24 are each amended to read as follows:
     (1) Every diver engaged in the commercial harvest of subtidal geoduck clams ((shall obtain a nontransferable geoduck diver license)) in the state shall obtain a geoduck diver license. An individual may only own one license.
     (2) After July 1, 2013, the director may not issue new geoduck diver licenses. A person may renew an existing license only if the person held a geoduck diver license in 2011 or 2012. The license holder must also have been listed on a department of natural resources' geoduck harvest agreement plan of operation during this period.
     (3) Any license issued after January 1, 2013, that does not meet the requirements of this section must be revoked.
     (4) The annual license fee is two hundred thirty dollars for residents and two hundred eighty-five dollars for nonresidents.
     (5) Geoduck diver licenses held by persons who were listed on a department of natural resources' geoduck harvest agreement plan of operation during 2011 or 2012 are transferable after July 1, 2013, and are subject to a transfer of ownership fee payable by the acquiring person in the amount of two thousand three hundred dollars for a resident and two thousand eight hundred fifty dollars for a nonresident. The transfer fee must be paid to the department. Geoduck diver licenses held by persons not listed on a department of natural resources' geoduck harvest agreement plan of operation during 2011 or 2012 are nontransferable.
     (6) The license holder must perform all geoduck harvesting personally.
     (7) The department shall revoke a geoduck diver license not renewed each year by December 31st. However, the director may reissue the geoduck diver license, subject to a reissue fee of two thousand three hundred dollars for a resident and two thousand eight hundred fifty dollars for a nonresident, in addition to the annual license fee.
     (8) Beginning January 1, 2015, each person applying for a geoduck diver license under this section must complete the safety program established in section 4 of this act.

NEW SECTION.  Sec. 2   This act applies retroactively to geoduck diver licenses issued on or after January 1, 2013.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.65 RCW to read as follows:
     A holder of a geoduck diver license issued under RCW 77.65.410 found in violation of a department of natural resources' geoduck harvest agreement two or more times must have the license revoked and surrender the license. The person surrendering the geoduck diver license may not hold another geoduck diver license for a period of one calendar year from the date the license is surrendered. The department may reissue the geoduck diver license to a different person, subject to the payment of the required fees in RCW 77.65.410.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.30 RCW to read as follows:
     (1) The department shall establish a geoduck safety advisory committee. The geoduck safety advisory committee consists of one member from the department, one member from the department of fish and wildlife, one member from the Washington harvesters association, and one member from the harvest divers union.
     (2) The geoduck safety advisory committee must meet at least quarterly. By December 1, 2014, the committee must establish a safety program for geoduck divers license holders.
     (3) Beginning January 1, 2015, each person applying for a geoduck diver license under RCW 77.65.410 must complete the safety program established by the geoduck safety advisory committee created in this section.

NEW SECTION.  Sec. 5   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.