1471-S.E

AN ACT Relating to non-Puget Sound coastal commercial crab fishery; amending RCW 75.28.125, 75.28.130, and 75.30.050; adding new sections to chapter 75.28 RCW; adding new sections to chapter 75.30 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that the commercial crab fishery in coastal and offshore waters is overcapitalized. The legislature further finds that this overcapitalization has lead to the economic destabilization of the coastal crab industry, and can cause excessive harvesting pressures on the coastal crab resources of Washington state. In order to provide for the economic well-being of the Washington crab industry and to protect the livelihood of Washington crab fishers who have historically and continuously participated in the coastal crab fishery, the legislature finds that it is in the best interests of the resource to reduce the number of fishers taking crab in coastal waters, to reduce the number of vessels landing crab taken in offshore waters, and to limit the number of future licenses.

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

(1) "Coastal crab" means Dungeness crab (Cancer magister) taken in all Washington territorial and offshore waters south of the United States-Canada boundary and west of the Bonilla-Tatoosh Line (a line from the western end of Cape Flattery to Tatoosh Island Lighthouse, then to the buoy adjacent to Duntz Rock, then in a straight line to Bonilla Point of Vancouver Island), Grays Harbor, Willapa Bay, and the Columbia river.

(2) "Hull length" means the length of a ship's hull as measured from extreme points on the stern to the bow, excluding extensions such as bowsprits or stern extensions, on a horizontal plane at right angles to the plane. Hull length documentation shall be by United States coast guard documentation or marine survey, or for vessels that do not require United States coast guard documentation by manufacturer's specifications or marine survey.

(3) "Comparable hull length" means hull length within one foot of another hull length.

Sec. 3. RCW 75.28.125 and 1989 c 316 s 7 are each amended to read as follows:

A delivery license is required to deliver shellfish other than coastal crab or food fish other than salmon taken in offshore waters and delivered to a port in the state. Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065, the annual license fee is fifty dollars for residents and one hundred dollars for nonresidents. Licenses issued under RCW 75.28.113 (salmon delivery ((~~license~~))), RCW 75.28.130(4) (coastal crab pot((~~, other than Puget Sound~~))), or RCW 75.28.140(2) (trawl, other than Puget Sound) shall include a delivery license.

Sec. 4. RCW 75.28.130 and 1989 c 316 s 8 are each amended to read as follows:

The following commercial fishing licenses are required for the licensee to use the specified gear to fish for shellfish in state waters. Separate licenses are required for the licensee to take Dungeness crab in both Puget Sound waters and coastal waters, as these waters are defined by rule of the director. Unless adjusted by the director pursuant to the director's authority granted in RCW 75.28.065, the annual license fees are:

Gear Resident Nonresident

Fee Fee

(1) Ring net $50 $100

(2) Shellfish pot((s

~~(excluding~~)) (other than

crab) $50 $100

(3) Puget Sound crab pot((s

~~(Puget Sound)~~)) $50 $100

(4) Coastal crab pot((s

~~(other than Puget Sound)~~)) $200 $400

(5) Shellfish diver

(((~~excluding~~)) other

than geoduck clams) $50 $100

(6) Squid gear, all types $100 $200

(7) Ghost shrimp gear $100 $200

(8) ((~~Commercial~~)) Razor

clam ((~~license~~)) gear $50 $100

(9) Geoduck diver ((~~license~~)) $100 $200

(10) Other shellfish gear $100 $200

NEW SECTION. Sec. 5. A surcharge of one hundred twenty-five dollars shall be collected with each coastal crab pot license issued under RCW 75.28.130 until June 30, 1999.

NEW SECTION. Sec. 6. A coastal crab pot license is required to deliver coastal crab taken in offshore waters and delivered to a port in the state.

NEW SECTION. Sec. 7. Coastal crab pot licenses are transferable, subject to the following provisions:

(1) There is no restriction on the transfer of a license if the vessel holding the license is transferred together with the license to a new owner.

(2) License transfers between vessels are restricted to:

(a) One transfer in any two consecutive Washington state coastal crab seasons when transfer is between vessels of comparable or lesser hull length; or

(b) One transfer in any five consecutive Washington state coastal crab seasons to a vessel of greater hull length provided that the vessel to which the license is being transferred may not be greater than ten feet in hull length than the vessel from which the license is transferred.

(3) In the event of loss of a vessel, a vessel owner may transfer a license to a vessel of comparable or lesser hull length.

(4) Upon request made during a Washington state coastal crab season by a vessel owner, the director may allow a temporary emergency transfer of a license to a leased or rented vessel, if the vessel to which the emergency transfer is made is not greater than ten feet in hull length than the vessel from which the license is transferred. An emergency temporary transfer is valid for the repair time of the vessel from which the transfer is made or for the end of the season in which the transfer is made, whichever occurs first. Upon repair of the vessel or end of the season the vessel owner shall transfer the license from the leased or rented vessel to the vessel from which the license was transferred or to a replacement vessel of comparable hull length to or lesser hull length than the original vessel.

NEW SECTION. Sec. 8. Unless the context clearly requires otherwise, as used in this chapter, "coastal crab" means Dungeness crab (Cancer magister) taken in all Washington territorial and offshore waters south of the United States-Canada boundary and west of the Bonilla-Tatoosh Line (a line from the western end of Cape Flattery to Tatoosh Island Lighthouse, then to the buoy adjacent to Duntz Rock, then in a straight line to Bonilla Point of Vancouver Island), Grays Harbor, Willapa Bay, and the Columbia river.

NEW SECTION. Sec. 9. (1) Effective January 1, 1994, it is unlawful to fish for coastal crab in Washington state waters or deliver coastal crab to a port in the state without a coastal crab pot license. A coastal crab pot license is not required to take other species of crab, including red rock crab (Cancer productus), from waters containing coastal crab.

(2) A coastal crab pot license shall only be issued to a vessel that, during two of the following three qualifying periods:

December 1, 1988, through September 15, 1989;

December 1, 1989, through September 15, 1990; and

December 1, 1990, through September 15, 1991;

(a) Showed historical participation in the coastal crab fishery by having held one of the following:

(i) Crab pots license or crab pots (other than Puget Sound) license, issued under RCW 78.25.130;

(ii) Delivery permit or delivery license, issued under RCW 75.28.125;

(iii) Salmon troll license, issued under RCW 75.28.110; or

(iv) Salmon delivery permit or salmon delivery license, issued under RCW 75.28.113;

(v) Trawl license or trawl (other than Puget Sound) license, issued under RCW 75.28.140; and

(b) Can prove active historical participation in the coastal crab fishery as evidenced by having made a minimum of eight crab landings per season in at least two of the three qualifying seasons, which landings total a minimum of five thousand pounds of crab in each qualifying season, taken in coastal or offshore waters as documented by valid Washington state shellfish receiving tickets. For purposes of this section, "crab taken in coastal or offshore waters" means crab taken in Washington state department of fisheries marine fish/shellfish management and catch reporting areas 58B, 59A, 59B, 60A, 60B, 60C, 60D, 61, or 62, as defined in WAC 220-20-410.

(3) A coastal crab pot license shall only be issued to a vessel that has participated continuously in the coastal crab fishery by having held one or more of the licenses listed in subsection (2)(a) of this section each calendar year from 1990 through 1993.

NEW SECTION. Sec. 10. An applicant who can show historical participation under section 9(2) of this act but not satisfying the continuous participation requirement of section 9(3) of this act shall be issued a coastal crab pot license if:

(1) The owner can prove that the owner was in the process on September 15, 1991, of constructing a vessel for the purpose of coastal crab fishing. For purposes of this section, "construction" means having the keel laid, and "for the purpose of coastal crab fishing" means the vessel is designed to retrieve crab pots mechanically and has a live well. A coastal crab pot license issued to a vessel under construction is not renewable after December 31, 1994, unless the vessel lands five thousand pounds of coastal crab into a Washington state port before December 31, 1994; or

(2) The applicant's vessel is a replacement for a vessel that is otherwise eligible for a coastal crab pot license, in which case the landing and licensing history shall follow the replacement vessel, and only the replacement vessel is eligible for a coastal crab pot license.

NEW SECTION. Sec. 11. (1) An Oregon resident who can show historical and continuous participation in the Washington state coastal crab fishery by having held a nonresident crab pots (other than Puget Sound) license issued under RCW 75.28.140 each year from 1990 through 1993, and who has delivered a minimum of five thousand pounds of crab into Oregon during any two of the three qualifying periods as provided in section 9(2) of this act as evidenced by valid Oregon fish receiving tickets, shall be issued a nonresident coastal crab pot license valid for fishing in Washington state waters north from the Oregon/Washington boundary to United States latitude forty-six degrees thirty minutes north. Such license shall be issued upon application and submission of proof of delivery.

(2) This section shall become effective contingent upon reciprocal statutory authority in the state of Oregon providing for equal access for Washington state coastal crab fishers to Oregon territorial coastal waters north of United States latitude forty-five degrees fifty-eight minutes north, and Oregon waters of the Columbia river.

NEW SECTION. Sec. 12. (1) It is unlawful for vessels registered in Washington to take coastal crab in state waters or waters of the exclusive economic zone and coterminous with the seaward boundary of this state, or to land such crab in Washington, without the licenses, endorsements, or permits required to take or land coastal crab in Washington.

(2) This section becomes effective only upon reciprocal legislation being enacted by both the states of Oregon and California. For purposes of this section, "exclusive economic zone" means that zone defined in the federal fishery conservation and management act (16 U.S.C. Sec. 1802) as of the effective date of this section or as of a subsequent date adopted by rule of the director.

NEW SECTION. Sec. 13. After December 31, 1994, a coastal crab pot license may only be issued to a vessel that held the license in 1994, and each year thereafter. If the license is transferred to another vessel, the license history shall also be transferred to the transferee vessel.

Where the failure to hold a license the previous year was the result of license suspension, the vessel may qualify by establishing that the vessel held a coastal crab pot license in the last year in which the license was not suspended.

NEW SECTION. Sec. 14. If fewer than one hundred twenty-five vessels are eligible for coastal crab pot licenses, the director shall accept applications for new licenses. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain one hundred twenty-five vessels in the Washington coastal crab fishery. The director shall adopt rules governing the notification, application, selection, and issuance procedures for new coastal crab licenses, based on recommendations of a board of review established under RCW 75.30.050.

Sec. 15. RCW 75.30.050 and 1990 c 61 s 3 are each amended to read as follows:

(1) The director shall appoint three-member advisory review boards to hear cases as provided in RCW 75.30.060. Members shall be from:

(a) The salmon charter boat fishing industry in cases involving salmon charter boat licenses or angler permits;

(b) The commercial salmon fishing industry in cases involving commercial salmon licenses;

(d) The commercial herring fishery in cases involving herring validations;

(e) The commercial Puget Sound whiting fishery in cases involving Puget Sound whiting license endorsements;

(f) The commercial sea urchin fishery in cases involving sea urchin endorsements to shellfish diver licenses; ((~~and~~))

(g) The commercial sea cucumber fishery in cases involving sea cucumber endorsements to shellfish diver licenses; and

(h) The commercial coastal crab industry in cases involving coastal crab pot licenses.

(2) Members shall serve at the discretion of the director and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 16. The director may reduce the landing requirement established under section 9(2)(b) of this act upon the recommendation of an advisory review board established under RCW 75.30.050, but the director may not entirely waive the landing requirement. The advisory review board may recommend a reduction of the landing requirement in individual cases if in the board's judgment, extenuating circumstances prevented achievement of the landing requirement. The director shall adopt rules governing the operation of the advisory review board and defining "extenuating circumstances." In defining extenuating circumstances, special consideration shall be given to individuals who can provide evidence of lack of access to capital based on past discrimination due to race, creed, color, sex, national origin, or disability.

NEW SECTION. Sec. 17. The industry shall prepare a gear reduction plan to stabilize the coastal crab industry in Washington. The industry shall submit the plan to the department of fisheries by November 31, 1995. The department shall evaluate the plan and submit it to the legislature by December 31, 1995.

NEW SECTION. Sec. 18. (1) Sections 2, 6, and 7 of this act are each added to chapter 75.28 RCW.

(2) Sections 8 through 14 and 16 of this act are each added to chapter 75.30 RCW.