H-1112              _______________________________________________

                                                   HOUSE BILL NO. 1648

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives R. King, Basich, S. Wilson, Cole, Haugen and Spanel

Read first time 2/1/89 and referred to Committees on Fisheries & Wildlife/Appropriations (2/24/89).

AN ACT Relating to commercial crab fishing in coastal waters; adding a new section to chapter 75.30 RCW; creating a new section; and making an appropriation.

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

NEW SECTION. Sec. 1.     The legislature finds that a significant commercial crab fishery exists in the coastal waters of the state.  The legislature further finds that the coastal crab fishery represents a separate and distinct fishery from that of the Puget Sound licensing district and is limited in quantity and, in the future, may be in need of conservation.  The potential for depletion of coastal crab stocks is increasing, particularly as crab fishing becomes an attractive alternative to fishers facing increased restrictions on the other commercial fisheries of the state and region.

NEW SECTION. Sec. 2.  A new section is added to chapter 75.30 RCW  to read as follows:

          (1) In cooperation with the coastal commercial crab fishing industry, the department shall conduct a study of the management of the coastal crab fishery, including the adequacy of the resource, the potential for depletion, the number of crab fishers in the area, and the desirability of establishing a moratorium on the issuance of new coastal commercial crab fishing licenses.  Moratorium reciprocity with the states of Oregon and California, implementation considerations, and the long-term impact on resource management shall be major components of the study.  The study shall include the coastal shellfish management and catch reporting areas 58B, 59A, 59B, 60A, 60B, 60C, and 60D.  The results and recommendations of the study shall be submitted to the governor and the appropriate committees of the legislature no later than January 1, 1991.

          (2) The director may impose a moratorium on the issuance of new licenses for coastal crab fishing if the director determines it to be in the best interests of the management of the coastal crab fishery.  Such a moratorium shall be implemented in the manner provided in this subsection.

          (a) The moratorium may be imposed only as a result of, or during the course of, the study conducted under subsection (1) of this section and pursuant to rules adopted after public hearings and consultation with the commercial coastal crab fishing industry.

          (b) The director shall implement the moratorium by requiring a license or licensing endorsement for commercial crab fishing in coastal areas.  The endorsement may be issued to only those vessels:

          (i) From which three thousand pounds of dungeness crab were caught in coastal catch reporting areas and landed in Washington state in either 1984-85, 1985-86, or 1986-87 coastal commercial crab fishing seasons, or a total of six thousand pounds were caught and landed during the three seasons, as documented by valid fish or shellfish receiving tickets; and

          (ii) That fished for dungeness crab and held a Washington commercial crab pot license, vessel delivery permit, or delivery permit for the 1987-88 season, or had transferred to the vessel such a license from a vessel qualifying under the license eligibility criteria of this section.  Transfer of a Puget Sound crab license endorsement shall not affect license eligibility.  No licensee shall receive more than one license under this subsection unless the vessels were simultaneously employed in the fishery.

          (c) In a manner consistent with RCW 75.30.030 and 75.30.130, the director shall establish an advisory review board.  The director, after receiving recommendations from the advisory board, may waive or reduce the landing requirement under this subsection if extenuating circumstances have prevented an individual from meeting the license eligibility requirements provided by (b) of this subsection.

          (d) The issuance of commercial crab licenses for the Puget Sound licensing district is not restricted by this section.  If a coastal commercial crab license moratorium is implemented, the department may require separate licenses to be issued for the coastal and Puget Sound districts, if deemed necessary to facilitate administration of the moratorium.

NEW SECTION. Sec. 3.     There is appropriated from the general fund to the department of fisheries for the biennium ending June 30, 1991, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, for the purposes of this act.