H-1850              _______________________________________________

                                                   HOUSE BILL NO. 2112

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representative Heavey

Read first time 2/22/89 and referred to Committee on Fisheries & Wildlife.

AN ACT Relating to commercial jig line fishing; and amending RCW 75.28.323.

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

        Sec. 1.  Section 6, chapter 248, Laws of 1985 and RCW 75.28.323 are each amended to read as follows:

          (1) A wholesale fish dealer shall not take possession of food fish or shellfish until the dealer has deposited with the department an acceptable performance bond on forms prescribed and furnished by the department.  This performance bond shall be a corporate surety bond executed in favor of the department by a corporation authorized to do business in the state of Washington under chapter 48.28 RCW and approved by the department.  The bond shall be filed and maintained in an amount equal to one thousand dollars for each buyer engaged by the wholesale dealer.  In no case shall the bond be less than two thousand dollars nor more than fifty thousand dollars.

          (2) A wholesale dealer shall, within seven days of engaging additional fish buyers, notify the department and increase the amount of the bonding required in subsection (1) of this section.

          (3) The director may suspend and refuse to reissue a wholesale fish dealer's license of a dealer who has taken possession of food fish or shellfish without an acceptable performance bond on deposit with the department.

          (4) The bond shall be conditioned upon the compliance with the requirements of this chapter and rules of the director relating to the payment of fines for violations of rules for the accounting of the commercial harvest of food fish or shellfish.  In lieu of the surety bond required by this section the wholesale fish dealer may file with the department a cash deposit, negotiable securities acceptable to the department, or an assignment of a savings account or of a savings certificate in a Washington bank on an assignment form prescribed by the department.

          (5) Liability under the bond shall be maintained as long as the wholesale fish dealer engages in activities under RCW 75.28.300 unless released.  Liability under the bond may be released only upon written notification from the department.  Notification shall be given upon acceptance by the department of a substitute bond or forty-five days after the expiration of the wholesale fish dealer's annual license. In no event shall the liability of the surety exceed the amount of the surety bond required under this chapter.

(6) Fishermen using a jig license who land and sell their catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state shall be exempt from the requirement for a performance bond under this section.