Z-154 _______________________________________________
SENATE BILL NO. 5044
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Senators Sutherland, Owen, Metcalf, Bauer, Benitz and Patterson; by request of Department of Fisheries
Read first time 1/11/89 and referred to Committee on Environment & Natural Resources.
AN ACT Relating to recreational fishing licenses; amending RCW 75.25.015, 75.25.040, 75.25.080, 75.25.090, 75.25.100, 75.25.110, 75.25.120, 75.25.130, 75.25.140, 75.25.150, 75.25.160, and 75.25.170; adding new sections to chapter 75.25 RCW; repealing RCW 75.25.020 and 75.25.125; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 75.25 RCW to read as follows:
The following recreational fishing licenses are administered and issued by the department of fisheries under authority of the director of fisheries:
(1) Hood Canal shrimp license;
(2) Razor clam license;
(3) Personal use fishing license;
(4) Salmon license; and
(5) Sturgeon license.
Sec. 2. Section 1, chapter 31, Laws of 1983 1st ex. sess. as amended by section 6, chapter 80, Laws of 1984 and RCW 75.25.015 are each amended to read as follows:
(1) A Hood Canal shrimp license is required for all persons other than residents under sixteen years of age to take or possess shrimp taken for personal use from that portion of Hood Canal lying south of the Hood Canal floating bridge.
(2) The annual fees for Hood Canal shrimp licenses are:
(a) For a resident
((license, five dollars, except that a person)) sixteen years of age
or older and under seventy years of age ((or older may pay a one-time
fee of five)), and a nonresident under sixteen years of age, three
dollars;
(b) For a
nonresident ((license, fifteen)) sixteen years of age or older, nine
dollars.
Sec. 3. Section 4, chapter 243, Laws of 1979 ex. sess. as last amended by section 91, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.25.040 are each amended to read as follows:
(1) A razor clam license is required for all persons other than residents under sixteen years of age to take, dig for, or possess razor clams taken for personal use from the clam beds of this state including razor clams taken from national park beaches.
(2) The annual fees for razor clam licenses are:
(a) For
a resident ((license, two)) sixteen years of age or older and
under seventy years of age, and a nonresident under sixteen years of age, three
dollars ((and fifty cents)); and
(b) For
a nonresident ((license, ten)) sixteen years of age or older,
nine dollars.
(((2) Upon
application, a resident sixty-five years of age or older or under sixteen years
of age shall be issued a razor clam license at no cost. Dealers may collect
the dealer's fee established in RCW 75.25.130.
(3) Razor
clam license fees shall be deposited in the general fund and shall be
appropriated for the development or operation of programs beneficial to razor
clam harvesting.))
Sec. 4. Section 2, chapter 81, Laws of 1980 as amended by section 92, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.25.080 are each amended to read as follows:
(1) It is lawful to dig the personal-use daily bag limit of razor clams for another person if that person has in possession a physical disability permit issued by the director.
(2) An application for a physical disability permit must be submitted on a department of fisheries official form and must be accompanied by a licensed medical doctor's certification of disability.
Sec. 5. Section 1, chapter 87, Laws of 1987 and RCW 75.25.090 are each amended to read as follows:
(1) ((An
annual)) A personal use license is required for ((a)) all
persons other than residents under sixteen years of age ((or older))
to fish for, take, or possess food fish for personal use from state waters or
offshore waters, other than carp and sturgeon in the Columbia river above Chief
Joseph Dam. ((An annual personal use license is valid for the calendar year
in which it is issued.))
(2)
The fees for ((an)) annual personal use licenses are ((three
dollars for residents and nine dollars for nonresidents.)):
(a) For a resident sixteen years of age or older and under seventy years of age, and a nonresident under sixteen years of age, three dollars; and
(b) For a nonresident sixteen years of age or older, nine dollars.
(((2) A))
(3) The fees for two-consecutive-day ((combined)) personal use
licenses ((and punchcard shall be issued. The fee for the license
and punchcard is three dollars for residents and nonresidents.
(3) It is
unlawful to fish for or possess food fish without the licenses, punchcards, and
stamps required by this chapter.)) are:
(a) For food fish other than sturgeon, three dollars; and
(b) For sturgeon only, three dollars.
Sec. 6. Section 11, chapter 327, Laws of 1977 ex. sess. as last amended by section 2, chapter 87, Laws of 1987 and RCW 75.25.100 are each amended to read as follows:
(1) In
addition to a personal use license, a salmon ((punchcard)) license
is required ((for a person)) to take, fish for, or possess anadromous
salmon taken for personal use from state waters or offshore waters. A salmon
((punchcard)) license is not required for a resident under
sixteen years of age, nor is it required of a person who has a valid
two-consecutive-day ((combined)) personal use license ((and punchcard))
for food fish other than sturgeon.
(2) The
fees for ((a)) annual salmon ((punchcard is three
dollars. A salmon punchcard is valid for a maximum catch of fifteen salmon,
after which another punchcard may be purchased. A salmon punchcard is valid
only for the calendar year for which it is issued)) licenses are:
(a) For a resident sixteen years of age or older and under seventy years of age, three dollars; and
(b) For all nonresidents, three dollars.
NEW SECTION. Sec. 7. A new section is added to chapter 75.25 RCW to read as follows:
(1) A sturgeon license is required to take, fish for, or possess sturgeon taken for personal use from the following state waters:
(a) Columbia river and all tributaries;
(b) Willapa Bay and all tributaries; and
(c) Grays Harbor and all tributaries.
!ixA sturgeon license is not required of a resident under sixteen years of age, nor is it required of a person who has a valid sturgeon-only two-consecutive-day personal use license.
(2) In addition to a sturgeon license, a personal use license is required when fishing for sturgeon in all waters listed in subsection (1) of this section, except the Columbia river above Chief Joseph Dam.
(3) The fees for annual sturgeon licenses are:
(a) For a resident sixteen years of age or older, and under seventy years of age, three dollars; and
(b) For all nonresidents, three dollars.
Sec. 8. Section 13, chapter 327, Laws of 1977 ex. sess. as last amended by section 3, chapter 87, Laws of 1987 and RCW 75.25.110 are each amended to read as follows:
(((1) A
personal use license, salmon punchcard, or two-consecutive-day combined license
and punchcard)) Any of the recreational fishing licenses required by
this chapter shall be issued without charge to ((persons under sixteen
years of age or seventy years of age and older.
(2) Upon
application,)) the
following individuals upon request:
(1) Residents under sixteen years of age and residents seventy years of age or older;
(2)
Residents who submit applications attesting that they are a person
sixty-five years of age or older who is an honorably discharged veteran of the
United States armed forces with a service-connected disability and who has been
a resident of this state for the five preceding years ((shall
be given a personal use license and salmon punchcard free of charge.));
and
((Upon
application,)) (3) A blind person ((shall be issued a personal
use license and salmon punchcard free of charge)).
Sec. 9. Section 17, chapter 327, Laws of 1977 ex. sess. as last amended by section 4, chapter 87, Laws of 1987 and RCW 75.25.120 are each amended to read as follows:
In concurrent
waters of the Columbia river and in Washington coastal territorial waters from
the Oregon-Washington boundary to a point five nautical miles north, an Oregon
angling license comparable to the Washington ((salmon punchcard or))
personal use license, two-consecutive-day personal use license, salmon
license, or sturgeon license is valid if Oregon recognizes as valid the
Washington ((salmon punchcard or)) personal use license,
two-consecutive-day personal use license, salmon license, or sturgeon license
in comparable Oregon waters.
If Oregon
recognizes as valid the Washington ((salmon punchcard,)) personal use
license, ((or)) two-consecutive-day ((combined)) personal use
license ((and punchcard)), salmon license, or sturgeon license
southward to Cape Falcon in the coastal territorial waters from the
Washington-Oregon boundary and in concurrent waters of the Columbia river then
Washington shall recognize a valid Oregon license comparable to the Washington
personal use license, ((punchcard, or)) two-consecutive-day ((combined))
personal use license ((and punchcard)), salmon license, or
sturgeon license northward to Leadbetter Point.
Oregon
licenses are not valid for the taking of ((salmon)) food fish
when angling in concurrent waters of the Columbia river from the Washington
shore.
NEW SECTION. Sec. 10. A new section is added to chapter 75.25 RCW to read as follows:
Catch record cards necessary for proper management of the state's food fish and shellfish resources shall be administered under rules adopted by the director and issued at no charge.
Sec. 11. Section 12, chapter 327, Laws of 1977 ex. sess. as last amended by section 6, chapter 87, Laws of 1987 and RCW 75.25.130 are each amended to read as follows:
All recreational
licenses((, punchcards, and stamps)) required by this chapter shall be
issued only under authority of the director. The director may authorize
license dealers to issue the recreational licenses((, punchcards, and
stamps)) and collect the recreational license fees. In addition to
the recreational license((, punchcard, or stamp)) fees,
dealers may charge a dealer's fee of fifty cents for each ((Hood Canal
shrimp license, two-consecutive-day combined license and punchcard, personal
use license, punchcard, and razor clam)) recreational license. The
dealer's fee may be retained by the license dealer.
The
director shall adopt rules for the issuance of ((personal use)) recreational
licenses((, Hood Canal shrimp licenses, razor clam licenses, stamps, and
punchcards)) and for the collection, payment, and handling of license fees
and dealers' fees.
Sec. 12. Section 15, chapter 327, Laws of 1977 ex. sess. as last amended by section 7, chapter 87, Laws of 1987 and RCW 75.25.140 are each amended to read as follows:
(1) ((Personal
use)) Recreational licenses((, Hood Canal shrimp licenses, razor
clam licenses, stamps, and punchcards)) are not transferable. Upon request
of a fisheries patrol officer ((or)), ex officio fisheries patrol
officer, or authorized fisheries employee, a person digging for or
possessing razor clams or fishing for or possessing Hood Canal shrimp or
food fish for personal use shall exhibit the required recreational
license and ((punchcard and)) write his or her signature for comparison
with the signature on the license. Failure to comply with the request is prima
facie evidence that the person does not have a license or ((punchcard or))
is not the person named on the license ((or punchcard)).
(2) The razor clam license shall be visible on the licensee while digging for razor clams.
Sec. 13. Section 99, chapter 46, Laws of 1983 1st ex. sess. as amended by section 9, chapter 80, Laws of 1984 and RCW 75.25.150 are each amended to read as follows:
It is
unlawful to dig for or possess razor clams, fish for or possess ((anadromous
salmon)) food fish, or take or possess Hood Canal shrimp
without the licenses required by this chapter.
NEW SECTION. Sec. 14. A new section is added to chapter 75.25 RCW to read as follows:
Recreational licenses issued by the department of fisheries under this chapter are valid for the following periods:
(1) Recreational licenses issued without charge to persons designated by this chapter are valid:
(a) For life for blind persons;
(b) For the period of continued state residency for qualified disabled veterans;
(c) For the period of continued state residency for persons seventy years of age or more; and
(d) For the period of continued state residency until their sixteenth birthday for persons under sixteen years of age.
(2) Two-consecutive-day personal use licenses expire at midnight on the day following the validation date written on the license by the license dealer, except two-consecutive-day personal use licenses validated for December 31 expire at midnight on that date.
(3) An annual salmon license is valid for a maximum catch of fifteen salmon, after which another salmon license may be purchased. A salmon license is valid only for the calendar year for which it is issued.
(4) An annual sturgeon license is valid for a maximum catch of fifteen sturgeon. A sturgeon license is valid only for the calendar year for which it is issued.
(5) All other recreational licenses are valid for the calendar year for which they are issued.
Sec. 15. Section 16, chapter 327, Laws of 1977 ex. sess. as last amended by section 8, chapter 87, Laws of 1987 and RCW 75.25.160 are each amended to read as follows:
A person
who violates a provision of this chapter or who knowingly falsifies information
required for the issuance of a ((Hood Canal shrimp)) recreational
license((, personal use license, razor clam license, or punchcard)) is
guilty of a misdemeanor and is subject to the penalties provided in chapter
9A.20 RCW.
Sec. 16. Section 9, chapter 87, Laws of 1987 and RCW 75.25.170 are each amended to read as follows:
Fees
received for ((personal use)) recreational licenses((,
punchcards, and stamps)) required under this chapter shall be
deposited in the general fund and shall be appropriated for management,
enhancement, research, and enforcement purposes of the shellfish, salmon, and
marine fish programs of the department of fisheries.
NEW SECTION. Sec. 17. The following acts or parts of acts are each repealed:
(1) Section 2, chapter 243, Laws of 1979 ex. sess., section 90, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.25.020; and
(2) Section 5, chapter 87, Laws of 1987 and RCW 75.25.125.
NEW SECTION. Sec. 18. This act shall take effect on January 1, 1990.