FINAL BILL REPORT

HB 2290

                                   C 63 L 90

BYRepresentatives Haugen, R. King, Bowman, Sayan, Basich, Brumsickle, Brooks, Morris, Spanel, S. Wilson, R. Meyers and Cole; by request of Department of Fisheries

Regarding establishment of emerging commercial fisheries.

House Committe on Fisheries & Wildlife

Senate Committee on Environment & Natural Resources

SYNOPSIS AS ENACTED

BACKGROUND:

The Department of Fisheries is directed to preserve, protect, perpetuate and manage the food fish and shellfish of this state and to promote orderly fisheries.

New commercial fisheries emerge as consumer markets are developed for new species of food fish.  In managing a new fishery to preserve and protect the resource, the department must gather information.  Licensing and permitting of commercial fisheries is one method for gathering information (for example, the number of fishers involved in a fishery and the amount of resource being harvested).  This information becomes the basis for developing regulations necessary to preserve the resource and promote an orderly fishery.

Another management tool used by the department is the license limitation program that limits the number of licenses available for a particular fishery.  This tool is used when the resource is in danger of being over harvested.  The fisheries currently subject to license limitation are salmon, herring, Puget Sound whiting, sea urchins, and Puget Sound crab.

If a fisher violates provisions of the fishery code, a court may forfeit the fisher's license upon conviction.  Additionally, if a fisher is convicted twice in five years of violating provisions for salmon fishing that restrict fishing times or areas, the director of the Department of Fisheries may suspend all of the fisher's salmon fishing licenses for one year.  For purposes of suspension by the director, conviction is broadly defined as forfeiting bail, pleading guilty, or being found guilty in a legal proceeding.

SUMMARY:

The director of the Department of Fisheries may designate an emerging commercial fishery through the rule-making process.  Along with the species designation, the rule must include the number and qualification of the participating fishers.  In setting the maximum number of permits, consideration must be given to preventing damage to habitat, ensuring conservation of the resource, and preventing over harvesting.

An emerging commercial fishery is defined as any commercial fishery that is not currently subject to a license limitation program.  In designating an emerging commercial fishery, the director may provide for the issuance of experimental fishery permits.  If a permitted vessel becomes disabled, the vessel owner may be authorized to temporarily transfer the permit to a leased or rented vessel.

Within five years of the initial designation, the director shall evaluate the fishery and if appropriate, recommend that a separate commercial license program be established that may include limiting the number of licenses issued.  The director must appoint a five member advisory board to assist in developing rules that limit participation in an emerging commercial fishery.

The legislative standing committees for fisheries issues will receive notice of proposed rules designating an emerging commercial fishery 30 days prior to the rule's effective date.

A conviction for violation of permit conditions or other provisions of statute or regulations while engaged in the emerging fishery may result in the director suspending, revoking or conditioning the permit and all associated fishing privileges.  For purposes of revoking or conditioning a permit, the term conviction includes bail forfeitures of more than $250.

If a suspension or revocation of an emerging fishery permit or other commercial license is appealed, the suspension or revocation will be effective while the appeal is pending.

VOTES ON FINAL PASSAGE:

      House 97   0

      Senate    45     0 (Senate amended)

      House 94   0 (House concurred)

EFFECTIVE:June 7, 1990