Z-50                  _______________________________________________

                                                   HOUSE BILL NO. 1025

                        _______________________________________________

                                                                            C 047 L 89

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives R. King, Sayan, S. Wilson, Haugen, Basich and Spanel; by request of Department of Fisheries

Read first time 1/11/89 and referred to Committee on Fisheries & Wildlife.

AN ACT Relating to commercial fishing licenses; amending RCW 75.28.020 and 75.28.095; and repealing RCW 75.28.081, 75.28.123, and 75.28.370.

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

        Sec. 1.  Section 75.28.020, chapter 12, Laws of 1955 as last amended by section 104, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.020 are each amended to read as follows:

          (1) The department may only issue a commercial license to a person who is sixteen years of age or older ((and who is a citizen)) and a bona fide resident of the United States.  The deckhand license required by RCW 75.28.690 may be issued to persons under sixteen years of age.  The department may only issue a commercial license to a corporation if it is authorized to do business in this state.  A valid Oregon license which is comparable to a license under this title is valid in the concurrent waters of the Columbia River if the state of Oregon recognizes as valid the comparable Washington license.

        Sec. 2.  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.))

NEW SECTION. Sec. 3.  The following acts or parts of acts are each repealed:

                   (1) Section 14, chapter 283, Laws of 1971 ex. sess., section 2, chapter 40, Laws of 1975-'76 2nd ex. sess., section 111, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.081;

          (2) Section 2, chapter 300, Laws of 1983 and RCW 75.28.123; and

          (3) Section 75.28.370, chapter 12, Laws of 1955, section 2, chapter 66, Laws of 1979, section 134, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.28.370.                                                                                                   Passed the House February 3, 1989.

Speaker of the House.

Passed the Senate April 4, 1989.

President of the Senate.