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                                         SUBSTITUTE SENATE BILL NO. 5419

                        _______________________________________________

                                                            AS AMENDED BY THE HOUSE

                                                                            C 147 L 89

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Environment & Natural Resources (originally sponsored by Senators DeJarnatt, Metcalf and Sutherland)

Read first time 2/9/89.

AN ACT Relating to charter boats; and amending RCW 75.28.095 and 75.30.070.

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

        Sec. 1.  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 charter boat licensed in Oregon shall be permitted to fish without a charter boat license in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point under the same regulations as Washington charter boat operators, as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers.  The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations.

(4) 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.

        Sec. 2.  Section 2, chapter 101, Laws of 1979 as amended by section 142, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.30.070 are each amended to read as follows:

(1) In addition to a salmon charter boat license, an angler permit is required to operate a salmon charter boat in salt water.  The angler permit shall specify the maximum number of persons that may fish from the charter boat per trip and shall be issued annually without charge.  The angler permit expires if the salmon charter boat license is not renewed.

(2) An angler permit shall not be required for charter boats licensed in Oregon and fishing in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point under the same regulations as Washington charter boat operators, as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers.  The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations.