HOUSE BILL REPORT

HB 2868

BYRepresentatives Spanel, Haugen, S. Wilson and R. King 

Changing provisions relating to sea urchin endorsements.

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, Brooks, Cole, Haugen, Smith, Spanel and Vekich.

Minority Report:  Without recommendation.  (1)

      Signed by Representative Bowman.

House Staff:Pamela Madson (786-7310)

AS PASSED HOUSE FEBRUARY 13, 1990

BACKGROUND:

Fishers who harvest sea urchins need both a shellfish diver license and sea urchin endorsements.  The shellfish diver license is issued to the owner of a vessel and allows the vessel to use divers to harvest shellfish.

The sea urchin endorsement was issued for the 1989-90 season under a license limitation program established in 1989.  The license limitation program was established to limit the number of endorsements in an attempt to reduce the fishing fleet.  Criteria was established for initial qualification that included:  (1) vessels holding a shellfish diver license during 1988 and 1989, and (2) vessels landing 20,000 pounds of sea urchins between April 1, 1986, and March 31, 1988, which is two fishing seasons.

The director of the Department of Fisheries was given the authority to waive or reduce landing requirements on recommendation of a review board.  This authority was given for future renewals and did not include the ability to waive or reduce them on initial qualification.  Other license limitation programs have allowed the director to waive landing requirements on initial qualification.

Under this license limitation program, the Department of Fisheries received 136 applications for the sea urchin endorsement.  The goal for the fishery was 45 endorsements.  During the 1989-90 season, 62 vessels participated in the fishery, which included those that received endorsements under the initial qualification (47), those that were admitted by the board of review (11), and those that appealed a denial under the Administrative Procedures Act.

SUMMARY:

The Department of Fisheries seeks to clarify that one goal of the license limitation program for sea urchins is to allow those vessel owners who have historically participated in the fishery to continue to participate.

The director of the Department of Fisheries is given authority to waive landing requirements for initial qualification as well as for on-going eligibility.  This authority is consistent with other license limitation programs.

The provision under the Administrative Procedures Act that allows vessel owners to continue harvesting under an existing license while they are involved in an appeal no longer applies to appeals involving sea urchin endorsements.

Fiscal Note:      Not Requested.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    Judith Freeman, Department of Fisheries; Jim Connolly, Attorney (supported the bill with concerns); and Tim Smith, Washington Harvest Divers' Association.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    The bill basically does two things:  (1)  It exempts sea urchin endorsements from the application of the continuing license provision of the Administrative Procedures Act; and (2)  It clarifies the director's authority to waive landing requirements on initial qualification.  There is a need to reduce the number of boats that participate in this fishery.

Concern was expressed on the following issues:

Exemption from Administrative Procedures Act.  Procedural safeguards of the APA protect those who already have a right to do something while that right is being challenged.

Impact of the License Limitation.  Last year's bill was aggressively retroactive.  It was passed in April of 1989 and was effective back to March, 1988.  Those who fished in a significant way for both parts of two seasons, early 1988 and late 1988, did not qualify under the initial landing requirements.

Extending the Time Limit for Landing Requirements.  The initial landing requirements may be unconstitutional.  The landing requirement deadline should be extended to December 31, 1988, to include those who fished in a significant way during late 1988 and early 1989. However, extending the time limit would double the number of qualifying boats and would increase the number of fishers harvesting the resource.  The ending deadline of March 31, 1988, included the immediate two full seasons prior to the beginning of the 1989 legislative session.

House Committee - Testimony Against:      None.