FINAL BILL REPORT

HB 1025

                                   C 47 L 89

BYRepresentatives R. King,  Sayan, S. Wilson, Haugen, Basich and Spanel; by request of Department of Fisheries

Changing standards for commercial fishing licenses.

House Committe on Fisheries & Wildlife

Senate Committee on Environment & Natural Resources

SYNOPSIS AS ENACTED

BACKGROUND:

Current law contains a variety of standards and requirements for various commercial fishing licenses.

A Washington state commercial fishing license may be issued to a person who is 16 years of age or older, who is a citizen of the United States, and who is a bona fide resident of the United States.  Requiring that a person be a citizen of the United States in order to get such a license has been declared a violation of the equal protection clause of the U.S. Constitution by the United States Supreme Court in cases originating in other states.

Vessels may be licensed for both charter boat sport fishing and commercial fishing.  A particular vessel may not engage in both sport and commercial fishing on the same day.  If a vessel holds both licenses, only one license may be on the vessel while the vessel is involved in fishing.  The unused license must be deposited with the area fisheries patrol officer or any agent designated by the director of the Department of Fisheries.

A person who assists in taking salmon on a troll vessel or who assists in taking Columbia River smelt must have a personal commercial fishing license.

The director of the Department of Fisheries, under legislative directive, sought to eliminate the commercial set line fishery for Columbia River sturgeon through the Columbia River Compact.  The compact provides for joint management of the commercial fishery on the Columbia River by the Washington Department of Fisheries and the Oregon Fish & Wildlife Commission.

The Department of Fisheries relies on information obtained from fishers by fish dealers to assist in managing the commercial fishery. The department has changed the scheme of regulation for wholesale fish dealers.  Earlier regulation was based on a location permit that included a branch plant license.  The regulation scheme based on location made it difficult to hold individuals accountable for submitting false information.  The current regulation scheme licenses an individual wholesale dealer, and additional buyers must have a fish buying permit.

SUMMARY:

A person is not required to be a United States citizen to obtain a commercial fishing license.

A vessel may be licensed for either sport fishing or commercial fishing, but may not engage in both on the same day.  A vessel owner no longer must deposit the license not in use with a fisheries agent.

The following requirements are repealed:  (1) the personal commercial fishing license required for those who assist in taking salmon on a commercial troll vessel or who assist in taking Columbia River smelt; (2) a set line license for Columbia River sturgeon; and (3) the branch plant license for wholesale fish dealers.

VOTES ON FINAL PASSAGE:

      House 89   0

      Senate    46     0

EFFECTIVE:July 23, 1989