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; making an appropriation; providing an effective date; and providing an expiration 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 and development of 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.

(4) The University of Washington sea grant program has extensive experience in coordinating and managing fisheries research.

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

(1) "Director" means the director of the University of Washington sea grant program.

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

(3) "Marine fish" means all food fish except salmonoids.

(4) "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 on 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.

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. The director may appoint, with the advice and consent of the advisory panel, a program manager to assist in administering the program.

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

(1) One member representing the Washington department of fisheries, who shall chair the advisory panel;

(2) One member from the University of Washington, appointed by the dean, college of ocean and fishery sciences;

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

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

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

(6) One member representing Washington marine recreational fishermen, appointed by the director, department of fisheries, from a list of recreational fishermen who express interest in serving on the advisory panel; and

(7) One member representing Washington Indian tribal fisheries, appointed by the Northwest Indian fisheries commission.

NEW SECTION. Sec. 6. (1) The sea grant program shall establish an annual competition for the program's stamp design. In addition, the sea grant program shall create a program to produce, distribute, and sell collector art prints and related art work of the design that wins the annual competition. Production, distribution, and sale of the art prints and related art work may be contracted to an individual, private firm, or nonprofit organization.

(2) The costs of producing and marketing prints and related art work, including administrative expenses, shall be paid out of the total amount brought in from the sale of these items. Net funds derived from art sales shall be deposited into the marine fish enhancement research fund.

NEW SECTION. Sec. 7. (1) The marine fish enhancement research fund is hereby created in the custody of the state treasury. All fees received by the department of fisheries pursuant to RCW 75.28.095, and sections 9 and 10 of this act shall be deposited in the fund. Expenditures from the fund may be used only for basic and applied research for 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 fifteen percent of the total annual revenues deposited in the fund, may be used for the administration of the program, including any reasonable and necessary expenses incurred by members of the panel in the discharge of their duties pursuant to this chapter.

(3) No research project may be financed under this chapter unless it has been approved by both the director and a majority of the members of the panel.

NEW SECTION. Sec. 8. On or before December 31 of each year, the director shall prepare and submit a report to the appropriate committees of the Washington legislature on the programs and activities of the program.

NEW SECTION. Sec. 9. A new section is added to chapter 75.25 RCW to read as follows:

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 fishing license an annual marine fish enhancement research stamp that shall be issued upon payment of one dollar.

NEW SECTION. Sec. 10. 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 marine fish for commercial purposes shall have permanently affixed to his or her license an annual marine fish enhancement research stamp that may be obtained from the department upon payment of ten dollars.

Sec. 11. 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 ten dollars.

NEW SECTION. Sec. 12. The sum of fifteen thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the University of Washington sea grant program to initiate the marine fish enhancement research program.

NEW SECTION. Sec. 13. Sections 1 through 8 of this act shall constitute a new chapter in Title 75 RCW.

NEW SECTION. Sec. 14. Sections 7 through 11 of this act shall take effect on January 1, 1990.

NEW SECTION. Sec. 15. This act shall expire on December 31, 1995.