SENATE BILL REPORT

HB 2290

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

Senate Hearing Date(s):February 21, 1990; February 22, 1990

Majority Report:  Do pass as amended.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Benitz, DeJarnatt, Kreidler, Owen, Sutherland.

Senate Staff:Vic Moon (786-7469)

                  February 22, 1990

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 22, 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE AMENDMENT:

The proposed striking amendment clarifies the definition of "emerging fishery" so that it includes all existing and future commercial fisheries which are not subject to a license limitation program.  A five-member advisory committee is created to advise the director for each fishery if it is to be limited.  The director is allowed to condition the renewal of a license if it has been previously revoked.  The legislative standing committees dealing with natural resources shall be notified 30 days in advance of any rule the director promulgates under this act.

Senate Committee - Testified: Ed Manary, Department of Fisheries (pro); Steve Arbaugh, Puget Sound Gillnetters (pro); Dan Holmes (pro)