HOUSE BILL REPORT

HB 2290

As Amended by the Senate

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

Majority Report:  Do pass.  (10)

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

House Staff:Pamela Madson (786-7310)

AS PASSED HOUSE FEBRUARY 6, 1990

BACKGROUND:

The Department of Fisheries is directed to preserve, protect, perpetuate and manage the food fish and shellfish of this state and 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 of violating provisions for salmon fishing that restrict fishing times or areas twice in five years, the director of the Department of Fisheries may suspend all 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.

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.

A conviction for violation of permit conditions or other provisions of statute or regulations while engaged in the emerging fishery may result in suspension or revocation by the director of the Department of Fisheries of the permit and all associated fishing privileges.

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.

EFFECT OF SENATE AMENDMENTS:  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.

Convictions that may be used to revoke or condition a permit to fish in an emerging fishery exclude bail forfeitures of less than $250.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Ed Manary, Washington Department of Fisheries.

House Committee - Testified Against:      Steve Arbaugh, Puget Sound Gillnetters.

House Committee - Testimony For:    The Department of Fisheries requests the authority to control entry and limit participation in new or emerging fisheries.  Currently, the department comes to the Legislature for approval of license limitation programs after an emergency already exists.  The department needs the ability to limit participation before the fishing fleet expands to the point that over-harvesting can threaten conservation of the resource.

Emerging fisheries include long-time fisheries that are experiencing a rapidly increasing demand for the product as well as fish species that have not been commercially fished before.

The bill contains a deterrent element that allows the director of the department to suspend or revoke a permit for violation of the permit conditions.  Only the permit would be affected and not other licenses held by the fisher.

The sea urchin fishery license limitation program established last session resulted in fishers continuing to fish while appealing a denial of their eligibility for a sea urchin endorsement.  This falls under provisions of the Administrative Procedures Act.  The department requests that this provision not apply to the sea cucumber license limitation program.

House Committee - Testimony Against:      The discretion of the Department of Fisheries to suspend permits is too broad; one violation and you are out.  You are assumed guilty during the legal process.

VOTE ON FINAL PASSAGE:

      Yeas 97; Excused 1

Excused:    Representative Miller