1471-S.E2

AN ACT Relating to non-Puget Sound coastal commercial crab fishery; amending RCW 75.28.044, 75.28.046, 75.28.130, and 75.28.113; reenacting and amending RCW 75.30.050 and 75.28.125; adding a new section to chapter 75.28 RCW; adding new sections to chapter 75.30 RCW; creating a new section; and providing an effective date.

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 economic well-being of the coastal crab industry to reduce the number of fishers taking crab in coastal waters, to reduce the number of vessels landing crab taken in offshore waters, to limit the number of future licenses, and to limit fleet capacity by limiting vessel size.

NEW SECTION. Sec. 2. (1) Effective January 1, 1995, it is unlawful to fish for coastal crab in Washington state waters or deliver coastal crab to a port in the state without a Dungeness crab‑-coastal or a Dungeness crab‑-coastal class B fishery license.

(2) A Dungeness crab‑-coastal fishery license is transferable. Such a license shall only be issued to a person who proved active historical participation in the coastal crab fishery by having designated, as of December 31, 1993, a vessel on the qualifying license that meets the following criteria:

(a) Made a minimum of eight coastal crab landings totaling a minimum of five thousand pounds per season in at least two of the four qualifying seasons identified in subsection (4) of this section, as documented by valid Washington state shellfish receiving tickets; and showed historical and continuous participation in the coastal crab fishery by having held one of the following licenses or their equivalents each calendar year beginning 1990 through 1993, and was designated on the qualifying license of the person who held one of the following licenses in 1994:

(i) Crab potCNon-Puget Sound license, issued under RCW 75.28.130(1)(b);

(ii) Nonsalmon delivery license, issued under RCW 75.28.125;

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

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

(v) Food fish trawl license, issued under RCW 75.28.120; or

(vi) Shrimp trawl license, issued under RCW 75.28.130; or

(b) Made a minimum of four landings of coastal crab totaling two thousand pounds during the period from December 1, 1991, to March 20, 1992, and made a minimum of eight crab landings totaling a minimum of five thousand pounds of coastal crab during each of the following periods: December 1, 1991, to September 15, 1992; December 1, 1992, to September 15, 1993; and December 1, 1993, to September 15, 1994. For landings made after December 31, 1993, the vessel shall have been designated on the qualifying license of the person making the landings.

(3) A Dungeness crab‑-coastal class B fishery license is not transferable. Such a license shall be issued to persons who do not meet the qualification criteria for a Dungeness crab‑-coastal fishery license, if the person is the registered owner, as of December 31, 1993, of a vessel that made a minimum of four landings totaling a minimum of two thousand pounds of coastal crab, documented by valid Washington state shellfish receiving tickets, during at least one of the four qualifying seasons, and if the person has participated continuously in the coastal crab fishery by having held one or more of the licenses listed in subsection (2) of this section in each calendar year subsequent to the qualifying season in which qualifying landings were made through 1994. Dungeness crab‑-coastal class B fishery licenses cease to exist after December 31, 1997, and the continuing license provisions of RCW 34.05.422(3) are not applicable.

(4) The four qualifying seasons for purposes of this section are:

(a) December 1, 1988, through September 15, 1989;

(b) December 1, 1989, through September 15, 1990;

(d) December 1, 1991, through September 15, 1992.

(5) For purposes of this section and section 4 of this act, "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. 3. The legislature finds that some persons may have seriously planned to enter the commercial crab fishery, but were unable to fulfill the landing requirements because the vessel under construction was not completed in sufficient time to make the qualifying landings.

(1) A person who cannot demonstrate participation in the coastal crab fishery under section 2 of this act shall be awarded a Dungeness crab‑-coastal fishery license if:

(a) The person, as of December 31, 1993, has designated a vessel on the qualifying license that was in the process of being constructed for the purpose of being employed in the Washington coastal crab fishery on March 20, 1992. For purposes of this section, "construction" means having the keel laid, and "for the purpose of being employed in the Washington coastal crab fishery" means the vessel is designed to retrieve crab pots mechanically and has a live well; and

(b) The vessel landed both five thousand pounds of coastal crab into a Washington port before September 15, 1993, and five thousand pounds of coastal crab in eight landings between December 1, 1993, and September 15, 1994, or else the vessel under construction is a replacement vessel for a lost vessel that, had it not been lost, would have contributed to the eligibility of the applicant for a Dungeness crab‑-coastal fishery license.

(2) All applications for Dungeness crab‑-coastal fishery licenses under this section shall be subject to review by the advisory review board in accordance with RCW 75.30.060. The board shall recommend to the director whether such applications should be accepted.

NEW SECTION. Sec. 4. (1) An Oregon resident who can show historical and continuous participation in the Washington state coastal crab fishery by having held a nonresident Non-Puget Sound crab pot license issued under RCW 75.28.130 each year from 1990 through 1994, and who has delivered a minimum of eight landings totaling five thousand pounds of crab into Oregon during any two of the four qualifying seasons as provided in section 2(4) of this act as evidenced by valid Oregon fish receiving tickets, shall be issued a nonresident Dungeness crab‑-coastal fishery 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. 5. (1) The following restrictions apply to vessel designations and substitutions on Dungeness crab‑-coastal fishery licenses and Dungeness crab‑-coastal class B fishery licenses:

(a) The holder of the license may not designate on the license a vessel the hull length of which exceeds ninety-nine feet, nor may the holder change vessel designation if the hull length of the vessel proposed to be designated exceeds the hull length of the currently designated vessel by more than ten feet;

(b) If the hull length of the vessel proposed to be designated is comparable to or exceeds by up to one foot the hull length of the currently designated vessel, the department may change the vessel designation no more than once in any two consecutive Washington state coastal crab seasons unless the currently designated vessel is lost or in disrepair such that it does not safely operate, in which case the department may allow a change in vessel designation;

(c) If the hull length of the vessel proposed to be designated exceeds by between one and ten feet the hull length of the currently designated vessel, the department may change the vessel designation no more than once in any five consecutive Washington state coastal crab seasons, unless a request is made by the license holder during a Washington state coastal crab season for an emergency change in vessel designation. If such an emergency request is made, the director may allow a temporary change in designation to a leased or rented vessel, if the hull length of the leased or rented vessel does not exceed by more than ten feet the hull length of the currently designated vessel.

(2) For the purposes of this section, "hull length" means the length of a vessel's hull as shown 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.

Sec. 6. RCW 75.28.044 and 1993 sp.s. c 17 s 45 are each amended to read as follows:

This section applies to all commercial fishery licenses, delivery licenses, and charter licenses, except for emergency salmon delivery licenses.

(1) The holder of a license subject to this section may substitute the vessel designated on the license or designate a vessel if none has previously been designated if the license holder:

(a) Surrenders the previously issued license to the department;

(b) Submits to the department an application that identifies the currently designated vessel, the vessel proposed to be designated, and any other information required by the department; and

(2) Unless the license holder owns all vessels identified on the application described in subsection (1)(b) of this section or unless the vessel is designated on a Dungeness crab‑-coastal or a Dungeness crab‑-coastal class B fishery license, the following restrictions apply to changes in vessel designation:

(a) The department shall change the vessel designation on the license no more than four times per calendar year.

(b) The department shall change the vessel designation on the license no more than once in any seven-day period.

Sec. 7. RCW 75.28.046 and 1993 c 340 s 9 are each amended to read as follows:

This section applies to all commercial fishery licenses, delivery licenses, and charter licenses, except for whiting‑-Puget Sound fishery licenses and emergency salmon delivery licenses.

(1) The license holder may engage in the activity authorized by a license subject to this section. With the exception of Dungeness crab‑-coastal fishery class B licensees licensed under section 2(3) of this act, the holder of a license subject to this section may also designate up to two alternate operators for the license. Dungeness crab‑-coastal fishery class B licensees may not designate alternate operators. A person designated as an alternate operator must possess an alternate operator license issued under section 23 of this act and RCW 75.28.048.

(2) The fee to change the alternate operator designation is twenty-two dollars.

NEW SECTION. Sec. 8. Except as provided under section 12 of this act, after December 31, 1995, a Dungeness crab‑-coastal fishery license may only be issued to a person who held the license in 1995, or has had the license transferred to the person. Once a license is issued, renewal is contingent on continuous holding of the license; however where the failure to hold a license continuously is the result of license suspension, the license may be renewed if the person whose license is suspended held a Dungeness crab‑-coastal fishery license in the year before license suspension.

Sec. 9. RCW 75.28.130 and 1993 sp.s. c 17 s 40 are each amended to read as follows:

(1) This section establishes commercial fishery licenses required for shellfish fisheries and the annual fees for those licenses. The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title.

Fishery Annual Fee Vessel Limited

(Governing section(s)) Resident Nonresident Required? Entry?

(a) Burrowing shrimp $185 $295 Yes No

(b) ((~~Crab pot $295 $520 Yes No~~

~~(c) Crab pot~~C ~~$130 $185 Yes No~~

~~Puget Sound~~

~~(d)~~)) Crab ring netC $130 $185 Yes No

Non-Puget Sound

((~~(e)~~)) (c) Crab ring netC $130 $185 Yes No

Puget Sound

((~~(f)~~)) (d) Dungeness crabC $295 $520 Yes Yes

coastal (section 2

of this act)

(e) Dungeness crabC $295 $520 Yes Yes

coastal, class B

(section 2 of this act)

(f) Dungeness crabC $130 $185 Yes Yes

Puget Sound

(RCW 75.30.130)

(g) Emerging commercial $185 $295 Determined Determined

fishery (RCW 75.30.220 by rule by rule

and 75.28.740)

(h) Geoduck (RCW $ 0 $ 0 Yes Yes

75.30.280)

(i) Hardshell clam $530 $985 Yes No

mechanical harvester

(RCW 75.28.280)

(j) Oyster reserve $130 $185 No No

(RCW 75.28.290)

(k) Razor clam $130 $185 No No

(l) Sea cucumber dive $130 $185 Yes Yes

(RCW 75.30.250)

(m) Sea urchin dive $130 $185 Yes Yes

(RCW 75.30.210)

(n) Shellfish dive $525 $1045 Yes No

(o) Shellfish pot $130 $185 Yes No

(p) Shrimp potC $325 $575 Yes No

Hood Canal

(q) Shrimp trawlC $240 $405 Yes No

Non-Puget Sound

(r) Shrimp trawlC $185 $295 Yes No

Puget Sound

(s) Squid $185 $295 Yes No

(2) The director may by rule determine the species of shellfish that may be taken with the commercial fishery licenses established in this section, the gear that may be used with the licenses, and the areas or waters in which the licenses may be used. Where a fishery license has been established for a particular species, gear, geographical area, or combination thereof, a more general fishery license may not be used to take shellfish in that fishery.

NEW SECTION. Sec. 10. A surcharge of fifty dollars shall be collected with each Dungeness crab‑-coastal fishery license issued under RCW 75.28.130 until June 30, 2000, and with each Dungeness crab‑-coastal class B fishery license issued under RCW 75.28.130 until December 31, 1997. Moneys collected under this section shall be placed in the Dungeness crab appeals account hereby created in the state treasury. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. Expenditures from the account shall only be used for processing appeals related to the issuance of Dungeness crab‑-coastal fishery licenses.

NEW SECTION. Sec. 11. (1) It is unlawful for Dungeness crab‑-coastal fishery licensees to take Dungeness crab in the waters of the exclusive economic zone westward of the states of Oregon or California and land crab taken in those waters into Washington state unless the licensee also holds the licenses, permits, or endorsements, required by Oregon or California to land crab into Oregon or California, respectively.

(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. 12. If fewer than one hundred twenty-five persons are eligible for Dungeness crab‑-coastal fishery licenses, the director may accept applications for new licenses. Additional licenses issued shall be sufficient to maintain a maximum of one hundred twenty-five licenses in the Washington coastal crab fishery. If additional licenses are to be issued, the director shall adopt rules governing the notification, application, selection, and issuance procedures for new Dungeness crab‑-coastal fishery licenses, based on recommendations of the review board established under RCW 75.30.050.

Sec. 13. RCW 75.30.050 and 1993 c 376 s 9 and 1993 c 340 s 27 are each reenacted and 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 licenses or angler permits;

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

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

(e) The commercial Puget Sound whiting fishery in cases involving whiting‑-Puget Sound fishery licenses;

(f) The commercial sea urchin fishery in cases involving sea urchin dive fishery licenses;

(g) The commercial sea cucumber fishery in cases involving sea cucumber dive fishery licenses; ((~~and~~))

(h) The commercial ocean pink shrimp industry (Pandalus jordani) in cases involving ocean pink shrimp delivery licenses; and

(i) The commercial coastal crab industry in cases involving Dungeness crab‑-coastal and Dungeness crab‑-coastal class B fishery 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, 43.03.060, and 43.03.065.

NEW SECTION. Sec. 14. The director may reduce the landing requirements established under section 2 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. 15. The coastal crab 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 fish and wildlife by June 30, 1996. The department shall evaluate the plan and submit it to the legislature by December 31, 1996.

Sec. 16. RCW 75.28.125 and 1993 sp.s. c 17 s 39 and 1993 c 376 s 3 are each reenacted and amended to read as follows:

(1) Except as provided in subsection (2) of this section, it is unlawful to deliver with a commercial fishing vessel food fish or shellfish taken in offshore waters to a port in the state without a ((~~nonsalmon~~)) nonlimited entry delivery license. As used in this section, "food fish" does not include salmon. As used in this section, "shellfish" does not include ocean pink shrimp or coastal crab. The annual license fee for a ((~~nonsalmon~~)) nonlimited entry delivery license is one hundred ten dollars for residents and two hundred dollars for nonresidents.

(2) Holders of salmon troll fishery licenses issued under RCW 75.28.110, salmon delivery licenses issued under RCW 75.28.113, crab pot fishery licenses issued under RCW 75.28.130, food fish trawl‑-Non-Puget Sound fishery licenses issued under RCW 75.28.120, Dungeness crab‑-coastal fishery licenses, ocean pink shrimp delivery licenses, and shrimp trawl‑-Non-Puget Sound fishery licenses issued under RCW 75.28.130 may deliver food fish or shellfish taken in offshore waters without a ((~~nonsalmon~~)) nonlimited entry delivery license.

(3) A ((~~nonsalmon~~)) nonlimited entry delivery license authorizes no taking of food fish or shellfish from state waters.

Sec. 17. RCW 75.28.113 and 1993 sp.s. c 17 s 36 are each amended to read as follows:

(1) It is unlawful to deliver salmon taken in offshore waters to a place or port in the state without a salmon delivery license from the director. The annual fee for a salmon delivery license is three hundred eighty dollars for residents and six hundred eighty-five dollars for nonresidents. The annual surcharge under RCW 75.50.100 is one hundred dollars for each license. Holders of ((~~nonsalmon~~)) nonlimited entry delivery licenses issued under RCW 75.28.125 may apply the ((~~nonsalmon~~)) nonlimited entry delivery license fee against the salmon delivery license fee.

(2) Only a person who meets the qualifications established in RCW 75.30.120 may hold a salmon delivery license issued under this section.

(3) A salmon delivery license authorizes no taking of salmon or other food fish or shellfish from the waters of the state.

(4) If the director determines that the operation of a vessel under a salmon delivery license results in the depletion or destruction of the state's salmon resource or the delivery into this state of salmon products prohibited by law, the director may revoke the license under the procedures of chapter 34.05 RCW.

NEW SECTION. Sec. 18. (1) Section 10 of this act is added to chapter 75.28 RCW.

(2) Sections 2 through 5, 8, 11, 12, 14, and 15 of this act are each added to chapter 75.30 RCW.

NEW SECTION. Sec. 19. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 20. Sections 1 through 14 and 16 through 19 of this act shall take effect January 1, 1995.