AN ACT Relating to marine fish research; amending RCW 75.28.095; adding a new section to chapter 75.25 RCW; adding a new section to chapter 75.28 RCW; adding a new chapter to Title 75 RCW; adding new sections to chapter 43.131 RCW; repealing RCW 75.28.095; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds and declares the following:

(1) Declines in various Washington marine species of fish have adversely affected the sport and commercial fishing industries.

(2) Research, development, and technology transfer on the artificial propagation, rearing, and stocking of some marine species are needed.

(3) Funding for this research and development is most appropriately borne by a special fund derived from user fees on sport and commercial fishermen who stand to benefit directly from the resurgence of various marine species.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Fund" means the marine fish enhancement research fund.

(2) "Marine fish" means all species for which a personal use license is required except salmon and sturgeon.

(3) "Program" means the Washington marine fish enhancement research program.

NEW SECTION. Sec. 3. The Washington marine fish enhancement research program is established for the purpose of supporting basic and applied research and technology transfer on the artificial propagation, rearing, and stocking of marine fish species that are important to sport and commercial fishing in the marine and ocean waters of Washington. Research funds shall be allocated between studies of marine fish species important to sport fishers and studies of marine fish important to commercial fishers in proportion to each fishing group's relative financial contribution to the program. Research shall include, but is not limited to: (1) Artificial propagation, rearing, and stocking of marine fishes; (2) ecological requirements necessary to sustain marine fish stocks; (3) population dynamics in order to better understand potential survival patterns; (4) tagging and monitoring programs to evaluate success of stocking programs; and (5) stock identification and genetics research to enable identification of migration patterns and populations of fish stocks.

NEW SECTION. Sec. 4. The program shall be administered by the director with the advice and assistance of the advisory panel created in section 5 of this act.

NEW SECTION. Sec. 5. To assist the director in establishing policy direction for research projects, there is hereby created a marine fish enhancement research advisory panel. The panel shall consist of the following members to be appointed by the director:

(1) One member representing the Washington trawl fisheries, appointed from a list of trawl fishermen who express interest in serving on the advisory panel;

(2) One member representing the Washington commercial halibut fishing industry, appointed from a list of halibut fishermen who express interest in serving on the advisory panel;

(3) One member representing the Washington charter boat fishing industry, appointed from a list of charter boat owners who express interest in serving on the advisory panel;

(4) One member representing Washington marine recreational fishermen, appointed from a list of recreational fishermen who express interest in serving on the advisory panel;

(5) One scientist at large; and

(6) One member representing the United States national marine fisheries service.

NEW SECTION. Sec. 6. (1) The marine fish enhancement research fund is hereby created in the custody of the state treasury. All fees received by the department under sections 7 and 8 of this act and RCW 75.28.095 shall be deposited in the fund. Any money received for the purposes of carrying out this chapter from other sources may be deposited in the fund. Expenditures from the fund may be used only for the purposes of the program. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

(2) An amount, not to exceed twelve percent of the total annual revenues deposited in the fund, may be used by the department for administering the research program, for the production and distribution of the marine fish enhancement research stamp, and for collecting stamp revenues.

NEW SECTION. Sec. 7. A new section is added to chapter 75.25 RCW to read as follows:

(1) In addition to a valid personal use license, a person taking marine fish from state and offshore waters for sport purposes shall have permanently affixed to his or her personal use license an annual marine fish enhancement research stamp that shall be issued upon payment of one dollar.

(2) Sport anglers who are entitled to a free personal use license, or who are not required to obtain a personal use license, shall not be required to obtain a marine fish enhancement research stamp.

(3) A dealer's fee may not be charged for issuing a marine fish enhancement research stamp.

NEW SECTION. Sec. 8. A new section is added to chapter 75.28 RCW to read as follows:

In addition to a valid Washington commercial fishing license, a person taking food fish for commercial purposes shall have permanently affixed to his or her license an annual food fish enhancement research stamp that may be obtained from the department upon payment of thirty dollars.

Sec. 9. Section 1, chapter 90, Laws of 1969 as last amended by section 1, chapter 9, Laws of 1988 and RCW 75.28.095 are each amended to read as follows:

(1) A charter boat license is required for a vessel to be operated as a charter boat from which food fish are taken for personal use. The annual license fees are:

!tm1,1,1 !tcSpecies!tcResident!tcNonresident

!tj1!tcFee!tcFee

!ix!ih4 (a)!sc ,1Food fish other

than salmon!tj1!tc$100!tc$200

!ix!ih4(b)!sc ,1Salmon and

other food fish!tj1!tc$200!tc$200

(2) "Charter boat" means a vessel from which persons may, for a fee, fish for food fish, and which delivers food fish into state ports or delivers food fish taken from state waters into United States ports. "Charter boat" does not mean:

(a) Vessels not generally engaged in charter boat fishing which are under private lease or charter and operated by the lessee for the lessee's personal recreational enjoyment; or

(b) Vessels used by guides for clients fishing for food fish for personal use in freshwater rivers, streams, and lakes, other than Lake Washington or that part of the Columbia River below the bridge at Longview.

(3) A vessel shall not engage in both charter or sports fishing and commercial fishing on the same day. A vessel may be licensed for both charter boat fishing and for commercial fishing at the same time. The license or delivery permit allowing the activity not being engaged in shall be deposited with the fisheries patrol officer for that area or an agent designated by the director.

(4) In addition to a valid charter boat license, the owner of a charter boat shall obtain and permanently affix to the charter boat license an annual marine fish enhancement research stamp that may be obtained from the department upon payment of thirty dollars.

NEW SECTION. Sec. 10. Sections 1 through 6 of this act shall constitute a new chapter in Title 75 RCW.

NEW SECTION. Sec. 11. Sections 7 and 8 of this act shall take effect on January 1, 1990.

NEW SECTION. Sec. 12. A new section is added to chapter 43.131 RCW to read as follows:

The Washington marine fish enhancement research program shall be terminated on June 30, 1994, as provided in section 13 of this act.

NEW SECTION. Sec. 13. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts as now existing or hereafter amended are each repealed, effective December 31, 1995:

(1) Section 1, chapter ..., Laws of 1989 and RCW 75.__.___ (section 1 of this act);

(2) Section 2, chapter ..., Laws of 1989 and RCW 75.__.___ (section 2 of this act);

(3) Section 3, chapter ..., Laws of 1989 and RCW 75.__.___ (section 3 of this act);

(4) Section 4, chapter ..., Laws of 1989 and RCW 75.__.___ (section 4 of this act);

(5) Section 5, chapter ..., Laws of 1989 and RCW 75.__.___ (section 5 of this act);

(6) Section 6, chapter ..., Laws of 1989 and RCW 75.__.___ (section 6 of this act);

(7) Section 7, chapter ..., Laws of 1989 and RCW 75.25.___ (section 7 of this act);

(8) Section 8, chapter ..., Laws of 1989 and RCW 75.28.___ (section 8 of this act); and

(9) Section 1, chapter 90, Laws of 1969, section 15, chapter 283, Laws of 1971 ex. sess., section 5, chapter 327, Laws of 1977 ex. sess., section 1, chapter 60, Laws of 1979, section 112, chapter 46, Laws of 1983 1st ex. sess., section 1, chapter 9, Laws of 1988 and RCW 75.28.095.