SENATE BILL REPORT

HB 2868

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

Changing provisions relating to sea urchin endorsements.

House Committe on Fisheries & Wildlife

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 21, 1990

Majority Report:  Do pass.

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

Senate Staff:Vic Moon (786-7469)

                  February 21, 1990

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 21, 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 Procedure 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 ongoing eligibility.  This authority is consistent with other license limitation programs.

The provision under the Administrative Procedure 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

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

Senate Committee - Testified: Judith Freeman, Department of Fisheries (pro); Tim Smith, Washington Harvest Divers Association (pro); Dan Holmes (pro)