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                                         SUBSTITUTE SENATE BILL NO. 4741

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                                         AS AMENDED BY THE FREE CONFERENCECOMMITTEE

                                                                            C 198 L 86

State of Washington                              49th Legislature                              1986 Regular Session

By Senate Committee on Natural Resources (originally sponsored by Senators Goltz, Metcalf and Rasmussen)

Read first time 2/7/86.

AN ACT Relating to commercial fishing licenses; amending RCW 75.30.050 and 75.28.014; and adding new sections to chapter 75.30 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 75.30 RCW to read as follows:

          The director of the department of fisheries shall waive the landing and other permit requirements under RCW 75.30.120 if such requirements were not fulfilled by the license holder due to procedures initiated by a foreign government.

          This section shall expire on December 31, 1986.

NEW SECTION. Sec. 2.  A new section is added to chapter 75.30 RCW to read as follows:

          Any commercial salmon fishing license issued under RCW 75.28.110 or salmon delivery permit issued under RCW 75.28.113 shall revert to the department when any government confiscates and sells the vessel to which the license or permit was issued.  Upon application of the person named on the license or permit and the approval of the director, the department shall transfer the license or permit to the original owner.  Application for transfer of the license or permit must be made within the calendar year in which the vessel was licensed.

NEW SECTION. Sec. 3.  A new section is added to chapter 75.30 RCW to read as follows:

          The legislature finds that maintaining a commercial whiting fishery in Puget Sound affects the public welfare.  Excessive fishing for Puget Sound whiting, especially at the time of spawning, severely affects the abundance of whiting.  The legislature further finds that as a result of increases in the number of vessels fishing for whiting, the amount of gear used in fishing, and the limited whiting resource, it is proper and necessary to limit the number of vessels and amount of gear used in taking whiting in Puget Sound.

NEW SECTION. Sec. 4.  A new section is added to chapter 75.30 RCW to read as follows:

          Commercial Puget Sound whiting license endorsements issued under section 6 of this act shall be valid for the owner and the vessel for which the endorsement was issued.  The endorsement may be transferred through gift, devise, bequest or descent to members of the immediate family which shall be limited to spouse, children or stepchildren.  Only a natural person may possess an endorsement.  The owner of the endorsement must be present on any vessel taking whiting under terms of the endorsement.  In no instance may temporary permits be issued.

          The director may adopt rules necessary to implement sections 3 through 6 of this act.

NEW SECTION. Sec. 5.  A new section is added to chapter 75.30 RCW to read as follows:

          To obtain a Puget Sound commercial whiting endorsement, the owner of the vessel must have delivered at least fifty thousand pounds of whiting during the period from January 1, 1981, through February 22, 1985 as verified by fish delivery tickets and must have possessed, on January 1, 1986, all equipment necessary to fish for whiting.

NEW SECTION. Sec. 6.  A new section is added to chapter 75.30 RCW to read as follows:

          In addition to any other license, a Puget Sound commercial whiting endorsement is required to take whiting in the waters of marine fish-shell fish management and catch reporting areas 24B, Port Susan; 24C, Saratoga Passage; 26A, Possession Sound; or any other area designated by the department.  An annual endorsement fee is two hundred dollars for residents and four hundred dollars for nonresidents.  The license shall be affixed to the licensed vessel.

        Sec. 7.  Section 5, chapter 106, Laws of 1977 ex. sess. as amended by section 138, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.30.050 are each amended to read as follows:

          (1) The director shall appoint three-member advisory review boards to hear cases as provided in RCW 75.30.060.  Members shall be from:

          (a) The salmon charter boat fishing industry in cases involving salmon charter boat licenses or angler permits;

          (b) The commercial salmon fishing industry in cases involving commercial salmon licenses;

          (c) The commercial crab fishing industry in cases involving Puget Sound crab license endorsements; ((and))

          (d) The commercial herring fishery in cases involving herring validations; and

(e) The commercial Puget Sound whiting fishery in cases involving Puget Sound whiting license endorsements.

          (2) Members shall serve at the discretion of the director and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

        Sec. 8.  Section 3, chapter 171, Laws of 1957 as last amended by section 103, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.014 are each amended to read as follows:

          (1) The department may establish by rule license application deadlines for types of gear and licensing districts.  An applicant for a commercial salmon fishing license shall submit a license application in accordance with this subsection.

           (a)  If an application is postmarked or personally delivered to the department in Olympia by ((April 15th of the license year)) the application deadline, it shall be accompanied by the prescribed license fee.

           (b)  If an application is postmarked or personally delivered to the department in Olympia after ((April 15th of the license year)) the application deadline, it shall be accompanied by the prescribed license fee and a late application fee of two hundred dollars.

          (2) Columbia River smelt license applications accompanied by the license fee shall be made in person or postmarked by January 10 of the license year.