HOUSE BILL REPORT

HB 1025

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

Majority Report:  Do pass.  (11)

      Signed by Representatives R. King, Chair; Morris, Vice Chair; S. Wilson, Ranking Republican Member; Basich, Bowman, Brooks, Cole, Haugen, Smith, Spanel and Vekich.

House Staff:Pamela Madson (786-7310)

AS PASSED HOUSE FEBRUARY 3, 1989

BACKGROUND:

The Department of Fisheries has requested changes in the standards for various commercial fishing licenses.

A 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.  The license requirement that a person be a citizen of the United States has been declared a violation of the equal protection clause of the U.S. Constitution by the United States Supreme Court.

Vessels may be licensed both for charter boat sport fishing and commercial fishing.  A particular vessel may not engage in both sports 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.

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.  This requirement was enacted to curb abuse between the commercial and sport fishery.

The director of Fisheries, by 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:

The commercial fishing license requirement of United States citizenship is removed from statute.

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.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Loren Stern, Washington Department of Fisheries.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The citizenship requirement is removed as a requirement for a commercial fishing license based on an early U.S. Supreme Court case declaring a similar requirement unconstitutional.

It is too cumbersome and unworkable to require vessels that are licensed to fish both sport and commercially to deposit one of the licenses not in use with a department agent.

Washington no longer has a commercial set line fishery for Columbia River sturgeon.

The early concern that recreational fishing would be hidden under the use of a commercial license prompted the requirement for a license for deck-hands working on salmon troll vessels and those assisting in taking Columbia River smelt.  Currently, the cost of administering the program is more than the cost of the license and the need for the license is no longer justified.

Branch plant licenses no longer serve a purpose in that the regulatory scheme for wholesale dealers has changed.

House Committee - Testimony Against:      None Presented.