AN ACT Relating to commercial shellfish divers; amending RCW 75.08.012 and 75.24.100; adding a new chapter to Title 75 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. The purposes of this act are to ensure the safety of commercial shellfish divers and to grant the department of fisheries the authority to enforce safety requirements among commercial shellfish divers.

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

(1) "Approved diving gear" means surface supply diving gear that is in safe, working condition.

(2) "Commercial" means related to or connected with buying, selling, or bartering. Diving and harvesting, catching, taking, or killing shellfish in excess of the limits permitted for personal use is a commercial activity.

(3) "Shellfish divers" include divers who harvest, catch, take, or kill shellfish in marine waters.

NEW SECTION. Sec. 3. All commercial shellfish divers shall comply with the following safety requirements:

(1) Diving that requires decompressing is not permitted unless the vessel is equipped with a decompression chamber;

(2) All divers shall wear only approved diving gear;

(3) All divers shall use a pneumofathometer at all times that is readable by the diver's tender;

(4) All divers shall have a two-way communication system between the diver and the surface;

(5) All vessels used by divers shall be equipped with an operational two-way communication system to obtain emergency assistance;

(6) All divers shall wear a harness with a line that is attached to the vessel and allows the tender to pull the diver out of the water if necessary;

(7) There shall be at least one tender for each diver in the water; and

(8) All tenders shall have completed an approved training course in cardiopulmonary resuscitation.

NEW SECTION. Sec. 4. (1) All commercial shellfish divers shall be required to obtain a Washington commercial shellfish diver's certificate issued by the department before commencing any commercial diving activity.

(2) To obtain certification, commercial shellfish divers must pass the commercial shellfish diver's examination administered by the department. The required passing mark shall be eighty percent. The examination shall test:

(a) Basic diving physics and physiology;

(b) Safe diving practices and procedures;

(d) Emergency management of diving accidents; and

(e) Recognition of decompression tables and repetitive diving procedures as set forth in the United States Navy Diving Manual.

(3) The department shall make available a study guide which may be used by persons who intend to take the commercial shellfish diver's examination.

(4) The department may require that candidates for the examination display specific qualifications before taking the examination. Such qualifications may include but are not limited to:

(a) Proof of medical fitness;

(b) Proof of diver training; and

(5) The department shall set dates, times, and locations for administering the commercial shellfish diver's examination.

NEW SECTION. Sec. 5. (1) Fisheries patrol officers may inspect and search without warrant a person, boat, or diving equipment which they have reason to believe contain evidence of violations of this chapter or rules of the director. This authority does not extend to quarters in a boat or other property used exclusively as a private domicile.

(2) Fisheries patrol officers may arrest without warrant and charge a person they have reason to believe is in violation of the requirements imposed by this chapter.

NEW SECTION. Sec. 6. Every person violating this chapter is guilty of a gross misdemeanor and shall incur the penalties set forth in RCW 75.10.110.

NEW SECTION. Sec. 7. The director may adopt and implement rules necessary to carry out the purposes of sections 1 through 6 of this act.

Sec. 8. Section 3, chapter 112, Laws of 1949 as last amended by section 5, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.08.012 are each amended to read as follows:

The department shall preserve, protect, perpetuate and manage the food fish and shellfish in state waters and offshore waters.

The department shall conserve the food fish and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the fishing industry in the state. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state.

The department shall seek to ensure the safety of commercial shellfish divers in the state.

Sec. 9. Section 2, chapter 80, Laws of 1984 and RCW 75.24.100 are each amended to read as follows:

(1) The director may issue licenses, with the approval of the commissioner of public lands, for the commercial harvesting of geoduck clams from specific tracts of beds of navigable waters for which harvest rights have been granted by the department of natural resources. The director shall not authorize commercial harvesting on bottoms which are shallower than eighteen feet below mean lower low water (0.0. ft.), or which lie in an area bounded by the line of ordinary high tide (mean high tide) and a line two hundred yards seaward from and parallel to the line of ordinary high tide. If the director determines that the number of units of gear is sufficient to harvest the known available crop and that additional units of gear might prove damaging to the resource or its habitat, the director may suspend the issuance of additional licenses until the director determines there is need for additional units of gear to achieve a sustained harvest.

(2) Commercial geoduck harvesting shall be done with a hand-held, manually operated water jet or suction device guided and controlled from under water by a diver. Periodically, the director shall determine the effect of each type or unit of gear upon the geoduck population or the substrate they inhabit. The director may require modification of the gear or stop its use if it is being operated in a wasteful or destructive manner or if its operation may cause permanent damage to the bottom or adjacent shellfish populations.

(3) A person, including the person's agents or representatives, who holds a license under subsection (1) of this section shall comply with all applicable commercial diving safety regulations adopted by the federal occupational safety and health administration established under the federal occupational safety and health act of 1970 as such law exists on May 8, 1979 (84 Stat. 1590 et seq.; 29 U.S.C. Sec. 651 et seq.). A violation of these regulations is a violation of this subsection. For the purposes of this section, persons who dive for geoducks are "employees" as defined by the federal occupational safety and health act. A violation of this subsection is grounds for suspension or revocation of the license following a hearing as provided for in chapter ((~~34.04~~)) 34.05 RCW. A license shall not be suspended or revoked if the violation has been corrected within ten days of receipt of written notice of the violation. ((If there is a substantial probability that a violation of the commercial diving standards could result in death or serious physical harm to a person engaged in harvesting geoduck clams, the department shall suspend the license immediately until the violation has been corrected. If the licensee is the holder of a tract license and contracts with another person for the harvesting of geoducks, the license shall not be suspended or canceled if the licensee terminates its business relationship with such entity until compliance with this subsection is secured.))

NEW SECTION. Sec. 10. Sections 2 through 7 of this act shall constitute a new chapter in Title 75 RCW.