AN ACT Relating to commercial fishing licenses;
amending RCW 75.28.010, 75.28.014, 75.28.020, 75.28.030, 75.28.040, 75.28.110,
75.28.113, 75.28.116, 75.28.120, 75.28.125, 75.28.130, 75.28.280, 75.28.290,
75.28.690, 75.28.287, 75.28.710, 75.30.050, 75.30.065, 75.30.070, 75.30.090,
75.30.100, 75.30.120, 75.30.125, 75.30.130, 75.30.140, 75.28.235, 75.28.245,
75.30.160, 75.30.170, 75.30.180, 75.30.210, 75.30.220, 75.30.240, 75.30.250,
75.08.230, 75.28.134, 75.24.100, 75.28.070, and 75.50.100; reenacting and
amending RCW 75.28.095 and 75.08.011; adding new sections to chapter 75.28 RCW;
adding new sections to chapter 75.30 RCW; adding new sections to chapter 75.12
RCW; creating new sections; recodifying RCW 75.28.070, 75.28.134, 75.28.235,
75.28.245, and 75.28.287; decodifying RCW 75.30.150; repealing RCW 75.28.012,
75.28.035, 75.28.060, 75.28.140, and 75.28.255; 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 laws governing commercial fishing licensing in
this state are highly complex and increasingly difficult to administer and
enforce. The current laws governing commercial fishing licenses have evolved
slowly, one section at a time, over decades of contention and changing
technology, without general consideration for how the totality fits together.
The result has been confusion and litigation among commercial fishers. Much of
the confusion has arisen because the license holder in most cases is a vessel,
not a person. The legislature intends by this act to standardize licensing
criteria, clarify licensing requirements, reduce complexity, and remove
inequities in commercial fishing licensing. The legislature intends that the license
fees stated in this act shall be equivalent to those in effect on January 1,
1993, as adjusted under section 19, chapter 316, Laws of 1989.
Sec. 2.
RCW 75.28.010 and 1991 c 362 s 1 are each amended to read as follows:
(1) Except as otherwise provided by this title,
it is unlawful to engage in any of the following activities without a
license or permit issued by the director ((is required to)):
(a) Commercially fish for or take food fish or
shellfish;
(b) Deliver food fish or shellfish taken in
offshore waters;
(c) Operate a charter boat or commercial
fishing vessel engaged in a fishery;
(d) Engage in processing or wholesaling food
fish or shellfish; or
(e) ((Operate)) Act as a guide
for salmon for personal use in freshwater rivers and streams, other than that
part of the Columbia river below the bridge at Longview.
(2) ((It is unlawful to)) No person
may engage in the activities described in subsection (1) of this section ((without
having in possession)) unless the licenses or permits required by
this title are in the person's possession, and the person is the named
license holder or an alternate operator designated on the license.
(3) A valid Oregon license that is
equivalent 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 equivalent
Washington license. The director may identify by rule what Oregon licenses are
equivalent.
(4) No license or permit is required for
the production or harvesting of private sector cultured aquatic products as
defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of
such aquatic products. However, if a means of identifying such products is
required by rules adopted under RCW 15.85.060, the exemption from licensing or
permit requirements established by this subsection applies only if the aquatic
products are identified in conformance with those rules.
Sec. 3.
RCW 75.28.014 and 1986 c 198 s 8 are each amended to read as follows:
(((1))) The ((department may
establish by rule license)) application deadline((s)) for ((types
of gear and licensing districts. An applicant for)) a commercial ((salmon
fishing)) license ((shall submit a license application in accordance
with this subsection.
(a) If an application is postmarked or
personally delivered to the department in Olympia by the application deadline,
it shall be accompanied by the prescribed license fee.
(b) If an application is postmarked or
personally delivered to the department in Olympia after the application
deadline, it shall be accompanied by the prescribed license fee and a late
application fee of two hundred dollars.
(2) Columbia River smelt license applications
accompanied by the license fee shall be made in person or postmarked by January
10 of the license year)) or
permit established in this chapter is December 31 of the calendar year for
which the license or permit is sought. The department shall accept no license
or permit applications after December 31 of the calendar year for which the
license or permit is sought.
Sec. 4.
RCW 75.28.020 and 1989 c 47 s 1 are each amended to read as follows:
(1) ((The department may only issue)) Except
as otherwise provided in this title, a person as defined in RCW 75.08.011 may
hold a commercial license ((to a person who)) established by this
chapter.
(2) Except as otherwise provided in this
title, an individual may hold a commercial license only if the individual
is sixteen years of age or older 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))
(3) A corporation may hold a
commercial license only 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.))
(4) No person may hold a limited-entry
license unless the person meets the qualifications that this title establishes
for the license.
Sec. 5.
RCW 75.28.030 and 1983 1st ex.s. c 46 s 105 are each amended to read as
follows:
(1) Except as otherwise provided in this
title, the director shall issue commercial licenses and permits to a qualified
person((,)) upon ((the receipt of an)) receiving a completed
application accompanied by the required fee. ((Applications shall be
submitted on forms provided by the department. Applicants for commercial
licenses and permits shall indicate at the time of application the species of
food fish or shellfish they intend to take and the type of gear they intend to
use.))
(2) An application submitted to the
department under this chapter shall contain the name and address of the
applicant and any other information required by the department or this title.
An applicant for a commercial fishery license, delivery license, or charter
license may designate a vessel to be used with the license and up to two
alternate operators.
(3) An application submitted to the
department under this chapter shall contain the applicant's declaration under
penalty of perjury that the information on the application is true and correct.
(4) Upon issuing a commercial license under
this chapter, the director shall assign the license a unique number that the
license shall retain upon renewal. The department shall use the number to
record any commercial catch under the license. This does not preclude the
department from using other, additional, catch record methods.
(5) The fee to replace a license that has
been lost or destroyed is eleven dollars.
Sec. 6.
RCW 75.28.040 and 1983 1st ex.s. c 46 s 108 are each amended to read as
follows:
(1) A commercial license issued under this
chapter permits the license holder to engage in the activity for which the
license is issued in accordance with this title and the rules of the director.
(2) No security interest or lien of any
kind, including tax liens, may be created or enforced in a license issued under
this chapter.
(3) Unless otherwise provided in this title
or rules of the director, commercial licenses and permits issued under
this chapter expire at midnight on December 31st ((following their
issuance and)) of the calendar year for which they are issued. In
accordance with this title, licenses may be renewed annually upon application
and payment of the prescribed license fees.
NEW SECTION. Sec. 7. A
new section is added to chapter 75.28 RCW to read as follows:
VESSEL DESIGNATION. This section applies to
all commercial fishery licenses, delivery licenses, and charter licenses.
(1) An applicant for a license subject to this
section may designate a vessel to be used with the license. Except for
emergency salmon delivery licenses, the director may issue a license regardless
of whether the applicant designates a vessel. An applicant may designate no
more than one vessel on a license subject to this section.
(2) A license for a fishery that requires a
vessel authorizes no taking or delivery of food fish or shellfish unless a
vessel is designated on the license. A delivery license authorizes no delivery
of food fish or shellfish unless a vessel is designated on the license.
(3) It is unlawful to take food fish or
shellfish in a fishery that requires a vessel except from a vessel designated
on a commercial fishery license for that fishery.
(4) It is unlawful to operate a vessel as a
charter boat unless the vessel is designated on a charter license.
(5) No vessel may be designated on more than
one commercial fishery license unless the licenses are for different
fisheries. No vessel may be designated on more than one delivery license, on
more than one salmon charter license, or on more than one nonsalmon charter
license.
NEW SECTION. Sec. 8. A
new section is added to chapter 75.28 RCW to read as follows:
CHANGES IN VESSEL DESIGNATION. 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
(c) Pays to the department a fee of twenty-two
dollars.
(2) Unless the license holder owns all vessels
identified on the application described in subsection (1)(b) of this section,
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.
NEW SECTION. Sec. 9. A
new section is added to chapter 75.28 RCW to read as follows:
ALTERNATE OPERATOR DESIGNATION. 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. The holder of a
license subject to this section may also designate up to two alternate
operators for the license. A person designated as an alternate operator must
possess an alternate operator license issued under sections 23 and 25 of this
act.
(2) The fee to change the alternate operator
designation is twenty-two dollars.
NEW SECTION. Sec. 10. A
new section is added to chapter 75.28 RCW to read as follows:
PERSONS WHO MAY USE A LICENSE. (1) Only the
license holder and any alternate operators designated on the license may sell
or deliver food fish or shellfish under a commercial fishery license or
delivery license. A commercial fishery license or delivery license authorizes
no taking or delivery of food fish or shellfish unless the license holder or an
alternate operator designated on the license is present or aboard the vessel.
(2) Only the license holder and any alternate
operators designated on the license may operate a vessel as a charter boat.
NEW SECTION. Sec. 11. A
new section is added to chapter 75.28 RCW to read as follows:
TRANSFERS FROM ONE LICENSE HOLDER TO ANOTHER.
(1) Unless otherwise provided in this title, a license issued under this
chapter is not transferable from the license holder to any other person.
(2) The following restrictions apply to
transfers of commercial fishery licenses, salmon delivery licenses, and salmon
charter licenses that are transferable between license holders:
(a) The license holder shall surrender the
previously issued license to the department.
(b) The department shall complete no more than
one transfer of the license in any seven-day period.
(c) The fee to transfer a license from one
license holder to another is twenty-two dollars.
(d) If a license is transferred from a resident
to a nonresident, the transferee shall pay the difference between the resident
and nonresident license fees at the time of transfer.
(3) A commercial license that is transferable
under this title survives the death of the holder. Though such licenses are
not personal property, they shall be treated as analogous to personal property
for purposes of inheritance and intestacy. Such licenses are subject to state
laws governing wills, trusts, estates, intestate succession, and community
property, except that such licenses are exempt from claims of creditors of the estate
and tax liens. The surviving spouse, estate, or beneficiary of the estate may
apply for a renewal of the license. There is no fee for transfer of a license
from a license holder to the license holder's surviving spouse or estate, or to
a beneficiary of the estate.
Sec. 12.
RCW 75.28.110 and 1989 c 316 s 3 are each amended to read as follows:
(1) The following commercial salmon ((fishing))
fishery licenses are required for the ((licensee)) license
holder to use the specified gear to fish for salmon ((and other food
fish)) in state waters. ((Unless adjusted by the director pursuant to
the director's authority granted in RCW 75.28.065,)) Only a person who
meets the qualifications of RCW 75.30.120 may hold a license listed in this
subsection. The licenses and their annual ((license)) fees and
surcharges under RCW 75.50.100 are:
((Gear)) Fishery Resident Nonresident Surcharge
License Fee Fee
(a) Salmon Gill Net--Grays $304 $609 plus $100
Harbor-Columbia river
(b) Salmon Gill Net--Puget $304 $609 plus $100
Sound
(c) Salmon Gill Net--Willapa $304 $609 plus $100
Bay-Columbia river
(d) Salmon purse
seine (($410)) $454 (($820)) $908 plus $100
(((b) Gill net $275 $550
(c) Troll $275 $550
(d))) (e)
Salmon reef net (($275)) $304 (($550))
$609 plus $100
(f) Salmon troll $304 $609 plus $100
(2) A license issued under this section
authorizes no taking or delivery of salmon or other food fish unless a vessel
is designated on the license under section 7 of this act.
(3) Holders of commercial salmon ((fishing))
fishery licenses may retain incidentally caught food fish other than
salmon, subject to rules of the director.
(((3))) (4) A salmon troll
license ((allows fishing in all licensing districts and)) includes a
salmon delivery license.
(((4))) (5) A ((separate))
salmon gill net license ((is required to fish for salmon in each of
the licensing districts established in RCW 75.28.012)) authorizes the
taking of salmon only in the geographical area for which the license is
issued. The geographical designations in subsection (1) of this section have the
following meanings:
(a) "Puget Sound" includes waters
of the Strait of Juan de Fuca, Georgia Strait, Puget Sound and all bays,
inlets, canals, coves, sounds, and estuaries lying easterly and southerly of
the international boundary line and a line at the entrance to the Strait of
Juan de Fuca projected northerly from Cape Flattery to the lighthouse on
Tatoosh Island and then to Bonilla Point on Vancouver Island.
(b) "Grays Harbor-Columbia river"
includes waters of Grays Harbor and tributary estuaries lying easterly of a
line projected northerly from Point Chehalis Light to Point Brown and those
waters of the Columbia river and tributary sloughs and estuaries easterly of a
line at the entrance to the Columbia river projected southerly from the most
westerly point of the North jetty to the most westerly point of the South
jetty.
(c) "Willapa Bay-Columbia river"
includes waters of Willapa Bay and tributary estuaries and easterly of a line
projected northerly from Leadbetter Point to the Cape Shoalwater tower and
those waters of the Columbia river and tributary sloughs described in (b) of
this subsection.
Sec. 13.
RCW 75.28.113 and 1989 c 316 s 4 are each amended to read as follows:
(1) ((A person operating a commercial
fishing vessel used in taking)) It is unlawful to deliver with a
commercial fishing vessel salmon taken in offshore waters ((and
delivering the salmon)) to a place or port in the state ((shall obtain))
without a salmon delivery license from the director. ((Unless
adjusted by the director pursuant to the director's authority granted in RCW
75.28.065,)) The annual fee for a salmon delivery license is ((two
hundred seventy-five)) three hundred four dollars for residents and
((five hundred fifty)) six hundred nine dollars for
nonresidents. ((Persons operating fishing vessels licensed)) The
annual surcharge under RCW 75.50.100 is one hundred dollars for each license.
Holders of nonsalmon delivery licenses issued under RCW 75.28.125 may apply
the nonsalmon delivery license fee ((of fifty dollars)) 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.
Sec. 14.
RCW 75.28.116 and 1989 c 316 s 5 are each amended to read as follows:
((The owner of a commercial salmon fishing
vessel which is)) A person who does not ((qualified)) qualify
for a license under RCW 75.30.120 ((is required to)) shall obtain
a nontransferable emergency salmon ((single)) delivery license ((in
order)) to make one ((landing)) delivery of salmon taken in
offshore waters. The director shall not issue ((a)) an emergency
salmon ((single)) delivery license unless, as determined by the
director, a bona fide emergency exists. ((Unless adjusted by the director
pursuant to the director's authority granted in RCW 75.28.065,)) The
license fee is one hundred ((thirty-five)) forty-nine dollars for
residents and two hundred ((seventy)) ninety-nine dollars for
nonresidents. An applicant for an emergency salmon delivery license shall
designate no more than one vessel that will be used with the license.
Alternate operator licenses are not required of persons delivering salmon under
an emergency salmon delivery license. Emergency salmon delivery licenses are
not renewable.
Sec. 15.
RCW 75.28.120 and 1989 c 316 s 6 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 food fish
other than salmon in state waters. 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) Jig $50 $100
(2) Set line $50 $100
(3) Set net $50 $100
(4) Drag seine $50 $100
(5) Gill net $275
$550
(6) Purse seine $410
$820
(7) Troll $50 $100
(8) Bottom fish pots $50 $100
(9) Lampara $100
$200
(10) Dip bag net $50 $100
(11) Brush weir $100
$200
(12) Other gear $100
$200))
(1) This section establishes commercial
fishery licenses required for food fish fisheries and the annual fees for those
licenses. As used in this section, "food fish" does not include
salmon. 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) Baitfish Lampara $111 $221 Yes No
(b) Baitfish purse seine $454 $908 Yes No
(c) Bottom fish jig $ 55 $111 Yes No
(d) Bottom fish pot $ 55 $111 Yes No
(e) Bottom fish troll $ 55 $111 Yes No
(f) Carp $
55 $111 No No
(g) Columbia river smelt $304 $609 No No
(h) Dog fish set net $ 55 $111 Yes No
(i) Emerging commercial $111 $221 Determined Determined
fishery (RCW 75.30.220 by
rule by rule
(section 18 of this act))
(j) Food fish drag seine $ 55 $111 Yes No
(k) Food fish set line $ 55 $111 Yes No
(l) Food fish trawl-- $166 $332 Yes No
Non-Puget Sound
(m) Food fish trawl-- $111 $221 Yes No
Puget Sound
(n) Herring dip bag net $100 $200 Yes Yes
(RCW 75.30.140)
(o) Herring drag seine $100 $200 Yes Yes
(RCW 75.30.140)
(p) Herring gill net $100 $200 Yes Yes
(RCW 75.30.140)
(q) Herring Lampara $100 $200 Yes Yes
(RCW 75.30.140)
(r) Herring purse seine $100 $200 Yes Yes
(RCW 75.30.140)
(s) Herring spawn-on-kelp N/A N/A Yes Yes
(RCW 75.28.245 (as
recodified by section
54 of this act))
(t) Smelt dip bag net $ 55 $111 No No
(u) Smelt gill net $304 $609 Yes No
(v) Whiting--Puget Sound $221 $443 Yes Yes
(RCW 75.30.170)
(2) The director may by rule determine the
species of food fish 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
food fish in that fishery.
Sec. 16.
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 or food fish other than salmon taken in offshore waters to a port in
the state. Unless adjusted by the director pursuant to the director's authority
granted in RCW 75.28.065,)) (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 delivery license. As used in this section, "food fish"
does not include salmon. The annual license fee for a nonsalmon delivery
license is ((fifty)) fifty-five dollars for residents and one
hundred eleven dollars for nonresidents. ((Licenses issued under RCW
75.28.113 (salmon delivery license), RCW 75.28.130(4) (crab pot, other than
Puget Sound), or RCW 75.28.140(2) (trawl, other than Puget Sound) shall include
a delivery license.))
(2) Holders of salmon troll fishery licenses
issued under RCW 75.28.110, salmon delivery licenses issued under RCW
75.28.113, crab pot--Non-Puget Sound fishery licenses issued under RCW
75.28.130, food fish trawl--Non-Puget Sound fishery licenses issued under RCW
75.28.120, 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 delivery license.
(3) A nonsalmon delivery license authorizes
no taking of food fish or shellfish from state waters.
Sec. 17.
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. 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 pots
(excluding crab) $50 $100
(3)
Crab pots
(Puget Sound) $50 $100
(4)
Crab pots
(other than Puget Sound) $200
$400
(5)
Shellfish diver
(excluding clams) $50 $100
(6) Squid gear, all types $100
$200
(7) Ghost shrimp gear $100
$200
(8)
Commercial razor
clam license $50 $100
(9)
Geoduck diver license $100 $200
(10) Other shellfish gear $100
$200))
(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 $111 $221 Yes No
(b) Crab pot-- $221 $443 Yes No
Non-Puget Sound
(c) Crab pot-- $
55 $111 Yes No
Puget Sound
(d) Crab ring net-- $ 55 $111 Yes No
Non-Puget Sound
(e) Crab ring net-- $ 55 $111 Yes No
Puget Sound
(f) Dungeness crab-- $ 55 $111 Yes Yes
Puget Sound
(RCW 75.30.130)
(g) Emerging commercial $111 $221 Determined Determined
fishery (RCW 75.30.220 by
rule by rule
(section 18 of this act))
(h) Geoduck $
0 $ 0 Yes Yes
(Section 46 of this act)
(i) Hardshell clam $454 $908 Yes No
mechanical harvester
(RCW 75.28.280)
(j) Oyster reserve $ 55 $111 No No
(RCW 75.28.290)
(k) Razor clam $
55 $111 No No
(l) Sea cucumber dive $ 55 $111 Yes Yes
(RCW 75.30.250)
(m) Sea urchin dive $ 55 $111 Yes Yes
(RCW 75.30.210)
(n) Shellfish dive $ 55 $111 Yes No
(o) Shellfish pot $
55 $111 Yes No
(p) Shrimp pot-- $304 $609 Yes No
Hood Canal
(q) Shrimp trawl-- $166 $332 Yes No
Non-Puget Sound
(r) Shrimp trawl-- $111 $221 Yes No
Puget Sound
(s) Squid $111 $221 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. 18. A
new section is added to chapter 75.28 RCW to read as follows:
EMERGING COMMERCIAL FISHERY LICENSES AND
PERMITS. (1) The director may by rule designate a fishery as an emerging
commercial fishery. The director shall include in the designation whether the
fishery is one that requires a vessel.
(2) "Emerging commercial fishery"
means the commercial taking of a newly classified species of food fish or
shellfish, the commercial taking of a classified species with gear not
previously used for that species, or the commercial taking of a classified
species in an area from which that species has not previously been commercially
taken. Any species of food fish or shellfish commercially harvested in
Washington state as of June 7, 1990, may be designated as a species in an
emerging commercial fishery, except that no fishery subject to a license
limitation program in chapter 75.30 RCW may be designated as an emerging
commercial fishery.
(3) It is unlawful to take food fish or
shellfish in a fishery designated as an emerging commercial fishery without an
emerging commercial fishery license and a permit from the director. The
director shall issue two types of permits to accompany emerging commercial
fishery licenses: Trial fishery permits and experimental fishery permits.
Trial fishery permits are governed by subsection (4) of this section.
Experimental fishery permits are governed by RCW 75.30.220.
(4) The director shall issue trial fishery
permits for a fishery designated as an emerging commercial fishery unless the
director determines there is a need to limit the number of participants under
RCW 75.30.220. A person who meets the qualifications of RCW 75.28.020 may hold
a trial fishery permit. The holder of a trial fishery permit shall comply with
the terms of the permit. Trial fishery permits are not transferable from the
permit holder to any other person.
Sec. 19.
RCW 75.28.280 and 1989 c 316 s 12 are each amended to read as follows:
A hardshell clam mechanical harvester fishery
license is required to operate a mechanical or hydraulic device for
commercially harvesting clams, other than geoduck clams, ((on a clam farm))
unless the requirements of RCW 75.20.100 are fulfilled for the proposed
activity. ((Unless adjusted by the director pursuant to the director's
authority granted in RCW 75.28.065, the annual license fee is four hundred ten
dollars for residents and eight hundred twenty dollars for nonresidents.))
Sec. 20.
RCW 75.28.290 and 1989 c 316 s 14 are each amended to read as follows:
A person who commercially takes shellfish
from state oyster reserves under RCW 75.24.070 must have an oyster reserve fishery
license ((is required for the commercial taking of shellfish from state
oyster reserves. 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)).
Sec. 21.
RCW 75.28.095 and 1989 c 316 s 2, 1989 c 147 s 1, and 1989 c 47 s 2 are each
reenacted and 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. Unless adjusted by the director pursuant to the director's
authority granted in RCW 75.28.065,)) The director shall issue
the charter licenses and angler permits listed in this section according to the
requirements of this title. The licenses and permits and their annual ((license))
fees and surcharges are:
((Species)) ((Resident))
Annual ((Nonresident
License or Permit Fee Fee))
(RCW
75.50.100 Surcharge) Governing
Resident Nonresident Section
(a) ((Food fish other
than salmon))
Nonsalmon charter (($135)) $149 (($270))
$299
(b) Salmon ((and
other food fish))
charter (($275))
$304 (($550)) $609 RCW
(plus
$100) (plus $100) 75.30.065
(c) Salmon angler $
0 $ 0 RCW
75.30.070
(d) Salmon roe $
20 $ 20 RCW
75.28.690
(2) Except as provided in subsection (5) of
this section, it is unlawful to operate a vessel as a charter boat from which
salmon or salmon and other food fish are taken without a salmon charter license
designating the vessel. The director may issue a salmon charter license only
to a person who meets the qualifications of RCW 75.30.065.
(3) Except as provided in subsections (2)
and (5) of this section, it is unlawful to operate a vessel as a charter boat
from which food fish or shellfish are taken without a nonsalmon charter
license. As used in this subsection, "food fish" does not include
salmon.
(4) "Charter boat" means a
vessel from which persons may, for a fee, fish for food fish or shellfish
for personal use, and ((which delivers)) that brings food
fish or shellfish into state ports or ((delivers)) brings
food fish or shellfish taken from state waters into United States
ports. The director may specify by rule when a vessel is a "charter
boat" within this definition. "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)) a vessel used by ((guides)) a guide
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))) (5) A charter boat
licensed in Oregon ((shall be permitted to)) may fish without a Washington
charter ((boat)) license under the same rules as Washington charter
boat operators 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.))
Sec. 22.
RCW 75.28.690 and 1989 c 316 s 18 are each amended to read as follows:
(1) A ((deckhand)) salmon roe
license is required for a crew member on a ((licensed)) boat
designated on a salmon charter ((boat)) license to sell
salmon roe as provided in subsection (2) of this section. ((Unless adjusted
by the director pursuant to the director's authority granted in RCW 75.28.065,
the annual license fee is twenty dollars.)) An individual under sixteen
years of age may hold a salmon roe license.
(2) A ((deckhand)) crew member on
a ((licensed)) boat designated on a salmon charter ((boat))
license may sell salmon roe taken from fish caught for personal use,
subject to rules of the director and the following conditions:
(a) The salmon is taken ((while)) by
an angler fishing on the charter boat;
(b) The roe is the property of the angler until
the roe is given to the ((deckhand)) crew member. The crew
member shall notify the charter boat's passengers ((are notified))
of this fact ((by the deckhand));
(c) The crew member sells the roe ((is
sold)) to a licensed wholesale dealer; and
(d) The ((deckhand)) crew member
is licensed as provided in subsection (1) of this section and has the license
in possession whenever the crew member sells salmon roe ((is sold)).
NEW SECTION. Sec. 23. A
new section is added to chapter 75.28 RCW to read as follows:
PERSONAL LICENSES--FEES. The director shall
issue the personal licenses listed in this section according to the
requirements of this title. The licenses and their annual fees are:
Personal License Annual Fee Governing
(RCW
75.50.100 Surcharge) Section
Resident Nonresident
(1) Alternate Operator $ 50 $100 Section
25 of
this
act
(2) Geoduck Diver $111 $221 RCW
75.28.287 (as
recodified
by
section
54 of this
act)
(3) Salmon Guide $
55 $554 RCW 75.28.710
(plus
$20) (plus $100)
Sec. 24.
RCW 75.28.287 and 1990 c 163 s 6 are each amended to read as follows:
Every diver engaged in the commercial harvest
of geoduck ((or other)) clams shall obtain a nontransferable geoduck
diver license.
NEW SECTION. Sec. 25. A
new section is added to chapter 75.28 RCW to read as follows:
ALTERNATE OPERATOR LICENSE REQUIRED. (1) A
person who holds a commercial fishery license, delivery license, or charter
license may operate the vessel designated on the license. A person who is not
the license holder may operate the vessel designated on the license only if:
(a) The person holds an alternate operator
license issued by the director; and
(b) The person is designated as an alternate
operator on the underlying commercial fishery license, delivery license, or
charter license under section 9 of this act.
(2) Only an individual at least sixteen years
of age may hold an alternate operator license.
(3) No individual may hold more than one
alternate operator license. An individual who holds an alternate operator
license may be designated as an alternate operator on an unlimited number of
commercial fishery licenses, delivery licenses, and charter licenses under
section 9 of this act.
(4) As used in this section, to
"operate" means to control the deployment or removal of fishing gear
from state waters while aboard a vessel, to operate a vessel as a charter boat,
or to operate a vessel delivering food fish or shellfish taken in offshore
waters to a port within the state.
Sec. 26.
RCW 75.28.710 and 1991 c 362 s 2 are each amended to read as follows:
((A professional salmon guide license is
required for the holder)) (1) It is unlawful to offer or perform the
services of a professional salmon guide in the taking of salmon for personal
use in freshwater rivers and streams, other than in that part of the Columbia
river below the bridge at Longview, without a professional salmon guide
license. ((The annual license fees are fifty dollars for residents and
five hundred dollars for nonresidents. A surcharge of twenty dollars shall be
assessed on each resident guide license and a surcharge of one hundred dollars
shall be assessed on each nonresident guide license for the purposes of RCW
75.50.100.))
(2) Only an individual at least sixteen
years of age may hold a professional salmon guide license. No individual may
hold more than one professional salmon guide license.
Sec. 27.
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 fishery licenses;
(c) The commercial crab fishing industry in
cases involving dungeness crab--Puget Sound ((crab)) fishery
licenses ((endorsements));
(d) The commercial herring fishery in cases
involving herring ((validations)) fishery licenses;
(e) The commercial Puget Sound whiting fishery
in cases involving whiting--Puget Sound ((whiting)) fishery
licenses ((endorsements));
(f) The commercial sea urchin fishery in cases
involving sea urchin ((endorsements to shellfish diver)) dive fishery
licenses; and
(g) The commercial sea cucumber fishery in
cases involving sea cucumber ((endorsements to shellfish diver)) dive
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 ((and)), 43.03.060, and 43.03.065.
Sec. 28.
RCW 75.30.065 and 1983 1st ex.s. c 46 s 141 are each amended to read as
follows:
((Salmon charter boat licenses issued under
RCW 75.28.095(1)(b) may be issued only to boats which)) (1) After May
28, 1977, the director shall issue no new salmon charter licenses. A person
may renew an existing salmon charter license only if the person held ((a
salmon charter boat)) the license sought to be renewed during
the previous year or ((had transferred to the boat such a)) acquired
the license by transfer from someone who held it during the previous
year, and if the person has not subsequently transferred the license
to another ((boat)) person. ((A boat is entitled to only one
salmon charter boat license.))
(2) Salmon charter ((boat))
licenses may be renewed each year. A salmon charter ((boat)) license
which is not renewed each year shall not be renewed further.
((Salmon charter boat licenses are
transferable.))
(3) Subject to the restrictions in section
11 of this act, salmon charter licenses are transferrable from one license
holder to another.
Sec. 29.
RCW 75.30.070 and 1989 c 147 s 2 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)) Except as
provided in subsection (3) of this section, it is unlawful to operate a vessel
as a charter boat from which salmon are taken in salt water without
an angler permit. 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) Only a person who holds a salmon charter
license issued under RCW 75.28.095 and 75.30.065 may hold an angler permit.
(3) 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.
Sec. 30.
RCW 75.30.090 and 1983 1st ex.s. c 46 s 143 are each amended to read as follows:
A salmon charter boat may not carry more
anglers than the number specified in the angler permit issued ((to the boat))
under RCW 75.30.070. Members of the crew may fish from the boat only to the
extent that the number of anglers specified in the angler permit exceeds the
number of noncrew passengers on the boat at that time.
Sec. 31.
RCW 75.30.100 and 1983 1st ex.s. c 46 s 144 are each amended to read as
follows:
(1) The total number of anglers authorized by
the department shall not exceed the total number authorized for 1980.
(2) Angler permits issued under RCW 75.30.070
are transferable. All or a portion of the permit may be transferred to another
salmon charter ((boat)) license holder.
(3) The angler permit holder and proposed
transferee shall notify the department ((shall be notified)) when transferring
an angler permit ((is transferred)), and the department shall issue a
new angler permit certificate. If the original permit holder retains a portion
of the permit, the department shall issue a new angler permit certificate
reflecting the decrease in angler capacity.
(4) The department shall collect a fee
of ten dollars for each certificate issued under ((this)) subsection (3)
of this section.
Sec. 32.
RCW 75.30.120 and 1983 1st ex.s. c 46 s 146 are each amended to read as
follows:
(1) ((A commercial salmon fishing)) Except
as provided in subsection (2) of this section, after May 6, 1974, the director
shall issue no new commercial salmon fishery licenses or salmon delivery
licenses. A person may renew an existing license ((issued under RCW
75.28.110 or salmon delivery permit issued under RCW 75.28.113 may be issued
only to a vessel:
(a) Which)) only if the person held ((a state commercial
salmon fishing)) the license ((or salmon delivery permit)) sought
to be renewed during the previous year or ((had transferred to the
vessel such a)) acquired the license by transfer from someone who
held it during the previous year, and if the person has not
subsequently transferred the license ((or permit)) to another ((vessel;
and
(b) From which food fish were caught and landed
in this state or in another state during the previous year as documented by a
valid fish receiving document)) person.
(2) Where the ((failure)) person
failed to obtain the license ((or permit)) during the previous year
((was the result)) because of a license ((or permit))
suspension, the ((vessel)) person may qualify for a license ((or
permit)) by establishing that the ((vessel)) person held such
a license ((or permit)) during the last year in which the license ((or
permit)) was not suspended.
(((2) The director may waive the landing
requirement of subsection (1)(b) of this section if:
(a) The vessel to which an otherwise valid
license is transferred has not had the opportunity to have caught and landed
salmon; and
(b) The intent of the commercial salmon vessel
limitation program established under this section is not violated.))
(3) Subject to the restrictions in section
11 of this act, commercial salmon ((fishing)) fishery
licenses and salmon delivery ((permits)) licenses are
transferable from one license holder to another.
Sec. 33.
RCW 75.30.125 and 1986 c 198 s 2 are each amended to read as follows:
Any commercial salmon ((fishing)) fishery
license issued under RCW 75.28.110 or salmon delivery ((permit)) license
issued under RCW 75.28.113 shall revert to the department when any government
confiscates and sells the vessel ((to which the license or permit was issued))
designated on the license. Upon application of the person named on the
license ((or permit)) as license holder and the approval of the
director, the department shall transfer the license ((or permit)) to the
((original owner)) applicant. Application for transfer of the
license ((or permit)) must be made within the calendar year ((in
which the vessel was licensed)) for which the license was issued.
Sec. 34.
RCW 75.30.130 and 1983 1st ex.s. c 46 s 147 are each amended to read as
follows:
(1) It is unlawful to take dungeness crab
(Cancer magister) in ((the)) Puget Sound ((licensing district))
without first obtaining a dungeness crab--Puget Sound ((crab)) fishery
license ((endorsement)). As used in this section, "Puget
Sound" has the meaning given in RCW 75.28.110(5)(a). A dungeness
crab--Puget Sound fishery license ((endorsement)) is not required to
take other species of crab, including red rock crab (Cancer productus).
(2) ((Commercial crab licenses issued under
RCW 75.28.130(3) endorsed for the Puget Sound licensing district may be issued
only to vessels)) Except as provided in subsections (3) and (7) of this
section, after January 1, 1982, the director shall issue no new dungeness
crab--Puget Sound fishery licenses. Only a person who meets the following
qualifications may renew an existing license:
(a) ((Which)) The person shall have
held ((a commercial)) the dungeness crab--Puget Sound fishery
license ((endorsed for the Puget Sound licensing district)) sought to
be renewed during the previous year or ((had transferred to the vessel
such a)) acquired the license by transfer from someone who held
it during the previous year, and ((has)) shall not have
subsequently transferred the ((endorsed)) license to another ((vessel))
person; and
(b) ((From which)) The person shall
document, by valid shellfish receiving tickets issued by the department, that
one thousand pounds of dungeness crab were caught and ((landed in this state))
sold during the previous two-year period ending on December 31st of an
odd-numbered year((, as documented by a valid shellfish receiving ticket. This
requirement shall apply to licenses for which application is made after January
1, 1984)):
(i) Under the license sought to be renewed;
or
(ii) Under any combination of the following
commercial fishery licenses that the person held when the crab were caught and
sold: Crab pot‑-Non-Puget Sound, crab ring net‑-Non-Puget Sound,
dungeness crab‑-Puget Sound. Sales under a license other than the one
sought to be renewed may be used for the renewal of no more than one dungeness
crab‑-Puget Sound fishery license.
(3) Where the ((failure)) person
failed to obtain the license during the previous year ((was the result))
because of a license suspension, the ((vessel)) person may
qualify for a license by establishing that the ((vessel)) person
held such a license during the last year in which the license was not
suspended.
(((3))) (4) The director may
reduce or waive the ((landing)) poundage requirement established
under subsection (2)(b) of this section upon the recommendation of a review
board established under RCW 75.30.050. The review board may recommend a
reduction or waiver of the ((landing)) poundage requirement in
individual cases if, in the board's judgment, extenuating circumstances prevent
achievement of the ((landing)) poundage requirement. The
director shall adopt rules governing the operation of the review boards and
defining "extenuating circumstances."
(((4))) (5) This section does not
restrict the issuance of commercial crab licenses for areas other than ((the))
Puget Sound ((licensing district is not restricted by this section)) or
for species other than dungeness crab.
(((5) License endorsements issued under this
section are not)) (6) Subject to the restrictions in section 11 of this
act, dungeness crab--Puget Sound fishery licenses are transferable from one
((owner)) license holder to another ((owner, except from
parent to child or upon the death of the owner, before July 1, 1986. This
restriction applies to all changes in the vessel owner named on the license,
including (a) changes during the license year, and (b) changes during the
license renewal process between years. This restriction does not prevent
changes in vessel operator or transfers between vessels when the vessel owner
remains unchanged. Upon request of a vessel owner, the director may issue a
temporary permit to allow the vessel owner to use the license endorsement on a
leased or rented vessel)).
(((6))) (7) If ((less)) fewer
than two hundred ((vessels)) persons are eligible for dungeness
crab--Puget Sound fishery licenses ((endorsements)),
the director may accept applications for new ((endorsements)) licenses.
The director shall determine by random selection the successful applicants for
the additional ((endorsements)) licenses. The number of
additional ((endorsements)) licenses issued shall be sufficient
to maintain two hundred ((vessels)) licenses in the Puget Sound dungeness
crab fishery. The director shall adopt rules governing the application, selection,
and issuance procedures for new dungeness crab--Puget Sound ((crab))
fishery licenses ((endorsements)), based upon
recommendations of a board of review established under RCW 75.30.050.
Sec. 35.
RCW 75.30.140 and 1983 1st ex.s. c 46 s 148 are each amended to read as
follows:
(1) ((In addition to a commercial fishing
license, a herring validation is required to)) It is unlawful to
fish commercially for herring in state waters without a herring fishery
license. ((Herring validations shall be issued without charge.)) As
used in this section, "herring fishery license" means any of the
following commercial fishery licenses issued under RCW 75.28.120: Herring dip
bag net; herring drag seine; herring gill net; herring lampara; herring purse
seine.
(2) Except as provided in this section, ((permanent))
a herring ((validations)) fishery license may be issued
only to a person who:
(a) Established initial eligibility for
a ((permanent)) herring ((validation)) fishery license as
provided in subsection (3) of this section or ((had transferred to the
person a permanent herring validation)) acquired such a license by
transfer; ((and))
(b) Held a herring fishery license during
the previous year or acquired such a license by transfer; and
(c) Has not subsequently transferred the
((validation)) license to another person.
(3) A person may establish initial
eligibility for a ((permanent)) herring ((validation)) fishery
license by:
(a) Documenting to the department that the
person landed herring during the period January 1, 1971, through April 15,
1973;
(b) Documenting to the department that the
person landed herring during the period January 1, 1969, through December 31,
1970, if the person was in the armed forces of the United States during the
period January 1, 1971, through April 15, 1973; or
(c) Applying to the department and qualifying
for a ((permanent)) herring ((validation)) fishery license
under hardship criteria established by rule of the director.
Landings may be documented only by a department
fish receiving ticket.
(4) A ((permanent)) herring ((validation))
fishery license may be ((used)) issued only ((with))
for the type of fishing gear ((originally)) used to establish initial
eligibility for the ((validation)) license.
(5) The director may establish rules governing
the administration of this section based upon recommendations of a board of
review established under RCW 75.30.050.
(6) ((Additional permanent and temporary
validations may be granted by the department)) Except as provided in
subsection (8) of this section, after January 1, 1995, the director shall issue
no new herring fishery licenses. After January 1, 1995, a person may renew an
existing license only if the person held the license sought to be renewed
during the previous year or acquired the license by transfer from someone who
held it during the previous year, and if the person has not subsequently
transferred the license to another person.
(7) Herring fishery licenses may be renewed
each year. A herring fishery license that is not renewed each year shall not
be renewed further.
(8) The department may issue additional
herring fishery licenses if the stocks of herring will not be jeopardized
by granting additional ((validations)) licenses. ((Herring
validations are transferable.))
(9) Subject to the restrictions of section
11 of this act, herring fishery licenses are transferable from one license
holder to another.
Sec. 36.
RCW 75.28.235 and 1989 c 176 s 1 are each amended to read as follows:
The legislature finds that the wise management
of Washington state's herring resource is of paramount importance to the people
of the state. The legislature finds that herring are an important part of the
food chain for a number of the state's living marine resources. The
legislature finds that both open and closed pond "spawn on kelp"
harvesting techniques allow for an economic return to the state while at the
same time providing for the proper management of the herring resource. The
legislature finds that limitations on the number of herring harvesters tends to
improve the management and economic health of the herring industry. The
maximum number of herring spawn on kelp ((permits)) fishery licenses
shall not exceed five annually. The state therefore must use its authority to
regulate the number of herring spawn on kelp ((permits)) fishery
licenses so that the management and economic health of the herring fishery
may be improved.
Sec. 37.
RCW 75.28.245 and 1989 c 176 s 2 are each amended to read as follows:
((In addition to a commercial fishing
license, a herring validation, and other applicable permits required under
state law,)) (1) A herring spawn on kelp ((permit)) fishery
license is required to commercially take herring eggs which have been
deposited on vegetation of any type. ((All herring spawn on kelp permits
shall be sold at auction to))
(2) A herring spawn on kelp fishery license
may be issued only to a person who:
(a) Holds a herring fishery license issued
under RCW 75.28.120 and 75.30.140; and
(b) Is the highest bidder in an
auction conducted under subsection (3) of this section.
(3) The department shall sell herring spawn
on kelp commercial fishery licenses at auction to the highest bidder.
Bidders ((are required to)) shall identify their sources of
kelp. Kelp harvested from state-owned aquatic lands as defined in RCW
79.90.465 requires the written consent of the department of natural resources.
The department shall give all holders of herring ((validation holders))
fishery licenses thirty days' notice of the auction.
Sec. 38.
RCW 75.30.160 and 1986 c 198 s 6 are each amended to read as follows:
((In addition to any other license, a Puget
Sound commercial whiting endorsement is required to take whiting in the waters
of marine fish-shell fish management and catch reporting areas 24B, Port Susan;
24C, Saratoga Passage; 26A, Possession Sound; or any other area designated by
the department. An annual endorsement fee is two hundred dollars for residents
and four hundred dollars for nonresidents. The license shall be affixed to the
licensed vessel.)) It is unlawful to take whiting from areas that the
department designates within the waters described in RCW 75.28.110(5)(a)
without a whiting--Puget Sound fishery license.
Sec. 39.
RCW 75.30.170 and 1986 c 198 s 5 are each amended to read as follows:
((To obtain a Puget Sound commercial whiting
endorsement, the owner of the vessel must have)) (1) A whiting--Puget
Sound fishery license may be issued only to an individual who:
(a) Delivered at least fifty thousand
pounds of whiting during the period from January 1, 1981, through February 22,
1985, as verified by fish delivery tickets ((and must have));
(b) Possessed, on January 1, 1986, all
equipment necessary to fish for whiting; and
(c) Held a whiting--Puget Sound fishery
license during the previous year or acquired such a license by transfer from
someone who held it during the previous year.
(2) After January 1, 1995, the director
shall issue no new whiting‑‑Puget Sound fishery licenses. After
January 1, 1995, only an individual who meets the following qualifications may
renew an existing license: The individual shall have held the license sought
to be renewed during the previous year or acquired the license by transfer from
someone who held it during the previous year, and shall not have subsequently
transferred the license to another person.
(3) Whiting--Puget Sound fishery licenses
may be renewed each year. A whiting--Puget Sound fishery license that is not
renewed each year shall not be renewed further.
Sec. 40.
RCW 75.30.180 and 1986 c 198 s 4 are each amended to read as follows:
((Commercial Puget Sound whiting license
endorsements issued under RCW 75.30.160 shall be valid for the owner and the
vessel for which the endorsement was issued. The endorsement)) A
whiting--Puget Sound fishery license may be transferred through gift,
devise, bequest, or descent to members of the license holder's
immediate family which shall be limited to spouse, children, or
stepchildren. ((Only a natural person may possess an endorsement. The
owner of the endorsement must)) The holder of a whiting--Puget Sound
fishery license shall be present on any vessel taking whiting under ((terms
of)) the ((endorsement)) license. In no instance may
temporary permits be issued.
The director may adopt rules necessary to
implement RCW ((75.30.150)) 75.30.160 through 75.30.180.
Sec. 41.
RCW 75.30.210 and 1990 c 62 s 2 are each amended to read as follows:
(1) ((After October 1, 1990,)) It
is unlawful to commercially take any species of sea urchin using shellfish
diver gear without first obtaining a sea urchin ((endorsement to accompany a
shellfish diver)) dive fishery license. ((A sea urchin
endorsement to a shellfish diver license issued under RCW 75.28.130(5) shall be
limited to those vessels which:
(a) Held a commercial shellfish diver license,
excluding clams, during calendar years 1988 and 1989 or had transferred to the
vessel such a license;
(b) Have not transferred the license to another
vessel; and
(c) Can establish, by means of dated shellfish
receiving documents issued by the department, that twenty thousand pounds of
sea urchins were caught and landed under the license during the period of April
1, 1986, through March 31, 1988.
Endorsements issued under this section are a
new licensing condition, and the continuing license provisions of RCW
34.05.422(3) are not applicable.))
(2) ((In addition to the requirements of subsection
(1) of this section, after December 31, 1991, sea urchin endorsements to
shellfish diver licenses issued under RCW 75.28.130(5) may be issued only to
vessels)) Except as provided in subsections (3) and (6) of this section,
after December 31, 1991, the director shall issue no new sea urchin dive
fishery licenses. Only a person who meets the following qualifications may
renew an existing license:
(a) ((Which)) The person shall have
held ((a)) the sea urchin ((endorsement to a shellfish diver))
dive fishery license sought to be renewed during the previous
year or ((had transferred to the vessel such a)) acquired the
license by transfer from someone who held it during the previous year;
and
(b) ((From which)) The person shall
document, by valid shellfish receiving tickets issued by the department, that
twenty thousand pounds of sea urchins were caught and ((landed in this state))
sold under the license sought to be renewed during the two-year period
ending March 31 of ((an)) the most recent odd-numbered year((,
as documented by valid shellfish receiving documents issued by the department)).
(3) Where ((failure)) the
person failed to obtain the license during the previous year ((was the
result)) because of a license suspension or revocation by the department
or the court, the ((vessel)) person may qualify for a
license by establishing that the ((vessel)) person held such a
license during the last year in which ((it)) the person was
eligible.
(((3))) (4) The director may
reduce or waive ((any landing)) the poundage requirement ((established
under)) of subsection (2)(b) of this section upon the recommendation
of a board of review established under RCW 75.30.050. The board of review may
recommend a reduction or waiver of the ((landing)) poundage
requirement in individual cases if, in the board's judgment, extenuating
circumstances prevent achievement of the ((landing)) poundage
requirement. The director shall adopt rules governing the operation of the
board of review and defining "extenuating circumstances."
(((4))) (5) Sea urchin ((endorsements
issued under this section)) dive fishery licenses are not
transferable from one ((owner)) license holder to another ((owner)),
except from parent to child, or from spouse to spouse during marriage or as a
result of marriage dissolution, or upon the death of the ((owner)) license
holder. ((This restriction applies to all changes in the vessel owner's
name on the license, including (a) changes during the license year, and (b)
changes during the license renewal process between years. This restriction
does not prevent changes in vessel operator or transfers between vessels when
the vessel owner remains unchanged. Upon request of a vessel owner, the
director may issue a temporary permit to allow the vessel owner to use the
license endorsement on a leased or rented vessel.
(5))) (6)
If ((less)) fewer than forty-five ((vessels)) persons
are eligible for sea urchin ((endorsements)) dive fishery licenses,
the director may accept applications for new ((endorsements)) licenses.
The director shall determine by random selection the successful applicants for
the additional ((endorsements)) licenses. The number of
additional ((endorsements)) licenses issued shall be sufficient
to maintain up to forty-five ((vessels)) licenses in the sea
urchin dive fishery. The director shall adopt rules governing the
application, selection, and issuance procedure for new sea urchin ((endorsements))
dive fishery licenses, based upon recommendations of a board of review
established under RCW 75.30.050.
Sec. 42.
RCW 75.30.220 and 1990 c 63 s 2 are each amended to read as follows:
(1) ((The director may by rule designate a
fishery as an emerging commercial fishery.
(2)))
The director may issue experimental fishery permits for commercial harvest in
an emerging commercial fishery for which the director has determined there
is a need to limit the number of participants. The director shall
determine by rule the number and qualifications of participants for such
experimental fishery permits. Only a person who holds an emerging
commercial fishery license issued under section 18 of this act and who meets
the qualifications established in those rules may hold an experimental fishery
permit. The director shall limit the number of these permits to prevent
habitat damage, ensure conservation of the resource, and prevent
overharvesting. In developing rules for limiting participation in an emerging
or expanding commercial fishery, the director shall appoint a five-person
advisory board representative of the affected fishery industry. The advisory
board shall review and make recommendations to the director on rules relating
to the number and qualifications of the participants for such ((supplemental))
experimental fishery permits.
(((3))) (2) RCW 34.05.422(3) does
not apply to applications for new experimental fishery permits.
(((4) Upon request of a vessel owner, the
director may allow the vessel owner to temporarily transfer the experimental
fishery permit to a leased or rented vessel. The director shall allow such
temporary transfers only when the vessel holding the experimental fishery
permit is disabled.))
(3) Experimental fishery permits are not
transferable from the permit holder to any other person.
Sec. 43.
RCW 75.30.240 and 1990 c 63 s 4 are each amended to read as follows:
Within five years after adopting rules to
govern the number and qualifications of participants in an emerging commercial
fishery, the director shall provide to the appropriate senate and house of
representatives committees a report which outlines the status of the fishery
and a recommendation as to whether a separate commercial fishery
license, license fee, or ((endorsement and/or a)) limited harvest
program should be established for that fishery.
Sec. 44.
RCW 75.30.250 and 1990 c 61 s 2 are each amended to read as follows:
(1) ((After April 30, 1990,)) It
is unlawful to commercially take while using shellfish diver gear any species
of sea cucumber without first obtaining a sea cucumber ((endorsement to
accompany a shellfish diver)) dive fishery license.
((A)) (2) Except as provided in
subsection (6) of this section, after December 31, 1991, the director shall
issue no new sea cucumber ((endorsement to a shellfish diver)) dive
fishery licenses ((issued under RCW 75.28.130(5) shall be limited
to those vessels which)). Only a person who meets the following
qualifications may renew an existing license:
(a) ((Held a commercial shellfish diver
license (excluding clams), between January 1, 1989, and December 31, 1989, or
had transferred to the vessel such a license, and held a permit for harvest of
sea cucumbers in 1989;
(b) Have not transferred the license to another
vessel;
(c) Can establish, by means of dated shellfish
receiving documents issued by the department, that thirty landings of sea
cucumbers were made under the license during the period of January 1, 1988,
through December 31, 1989; and
(d) Endorsements issued under this section are
a new licensing condition, and the continuing license provisions of RCW
34.05.422(3) are not applicable.
(2) In addition to the requirements of
subsection (1) of this section, after December 31, 1991, sea cucumber
endorsements to shellfish diver licenses issued under RCW 75.28.130(5) may be
issued only to vessels which:
(a))) The
person shall have held ((a)) the sea cucumber ((endorsement
to a shellfish diver)) dive fishery license sought to be renewed
during the previous two years or ((had transferred to the vessel such a))
acquired the license by transfer from someone who held it during the
previous year; and
(b) ((Can)) The person shall
establish, by means of dated shellfish receiving documents issued by the
department, that thirty landings of sea cucumbers totaling at least ten
thousand pounds were made under the license during the previous two-year period
ending December 31 of the odd-numbered year.
(3) Where ((failure)) the
person failed to obtain the license during either of the previous two years
((was the result)) because of a license suspension by the
department or the court, the ((vessel)) person may qualify for a
license by establishing that the ((vessel)) person held such a
license ((and a sea cucumber endorsement)) during the last year in which
((it)) the person was eligible.
(((3))) (4) The director may
reduce or waive any landing or poundage requirement established under this
section upon the recommendation of a board of review established under RCW
75.30.050. The board of review may recommend a reduction or waiver of any
landing or poundage requirement in individual cases if, in the board's
judgment, extenuating circumstances prevent achievement of the landing or
poundage requirement. The director shall adopt rules governing the operation
of the board of review and defining "extenuating circumstances."
(((4))) (5) Sea cucumber ((endorsements
issued under this section)) dive fishery licenses are not ((transferrable))
transferable from one ((owner)) license holder to another
((owner)) except from parent to child, from spouse to spouse during marriage
or as a result of marriage dissolution, or upon death of the ((owner)) license
holder. ((This restriction does not prevent changes in vessel operator
or transfers between vessels when the vessel owner remains unchanged.
(5))) (6)
If ((less)) fewer than fifty ((vessels)) persons
are eligible for sea cucumber ((endorsements)) dive fishery licenses,
the director may accept applications for new ((endorsements)) licenses
from those persons who can demonstrate two years' experience in the Washington
state sea cucumber ((diver)) dive fishery. The director shall
determine by random selection the successful applicants for the additional ((endorsements))
licenses. The number of additional ((endorsements)) licenses
issued shall be sufficient to maintain up to fifty ((vessels)) licenses
in the sea cucumber dive fishery. The director shall adopt rules
governing the application, selection, and issuance procedure for new sea
cucumber ((endorsements)) dive fishery licenses, based upon
recommendations of a board of review established under RCW 75.30.050.
NEW SECTION. Sec. 45. A
new section is added to chapter 75.30 RCW to read as follows:
VESSEL-TO-PERSON TRANSITION. (1) A person who
on January 1, 1994, owns a vessel that on December 31, 1993, qualifies for a
salmon charter boat license under section 141, chapter 46, Laws of 1983 1st ex.
sess. shall be deemed to qualify for a 1994 salmon charter license under
section 28(1) of this act.
(2) A person who on January 1, 1994, owns a
vessel that on December 31, 1993, qualifies for a 1994 commercial salmon
fishing license or salmon delivery permit under section 146, chapter 46, Laws
of 1983 1st ex. sess. shall be deemed to qualify for a 1994 commercial salmon
fishery license or salmon delivery license under section 32(1) of this act.
(3) A person who on January 1, 1994, owns a
vessel that on December 31, 1993, qualifies for a 1994 Puget Sound crab license
endorsement under section 147, chapter 46, Laws of 1983 1st ex. sess. shall be
deemed to qualify for a 1994 dungeness crab--Puget Sound fishery license under
section 34(2) of this act.
(4) A person who on December 31, 1993,
qualifies for a 1994 herring validation under section 148, chapter 46, Laws of
1983 1st ex. sess. shall be deemed to qualify for a 1994 herring fishery
license under section 35(2) of this act.
(5) A person who on December 31, 1993,
qualifies for a 1994 Puget Sound commercial whiting endorsement under section
5, chapter 198, Laws of 1986 shall be deemed to qualify for a 1994
whiting--Puget Sound fishery license under section 39(1) of this act.
(6) A person who on January 1, 1994, owns a
vessel that on December 31, 1993, qualifies for a 1994 sea urchin endorsement
to a shellfish diver license under section 2, chapter 62, Laws of 1990 shall be
deemed to qualify for a 1994 sea urchin dive fishery license under section
41(2) of this act. Any sea urchin landings made from the vessel between April
1, 1993, and December 31, 1993, shall be deemed to be sales under section
41(2)(b) of this act.
(7) A person who on January 1, 1994, owns a
vessel that on December 31, 1993, qualifies for a 1994 sea cucumber endorsement
to a shellfish diver license under section 2, chapter 61, Laws of 1990 shall be
deemed to qualify for a 1994 sea cucumber dive fishery license under section 44(2)
of this act.
(8) This section shall expire January 1, 1995.
NEW SECTION. Sec. 46. A
new section is added to chapter 75.30 RCW to read as follows:
GEODUCK FISHERY LICENSES. (1) It is unlawful
to harvest geoduck clams commercially without a geoduck fishery license. This
section does not apply to the harvest of private sector cultured aquatic
products as defined in RCW 15.85.020.
(2) Only a person who has entered into a
geoduck harvesting agreement with the department of natural resources under RCW
79.96.080 may hold a geoduck fishery license.
(3) A geoduck fishery license authorizes no
taking of geoducks outside the boundaries of the public lands designated in the
underlying harvesting agreement, or beyond the harvest ceiling set in the
underlying harvesting agreement.
(4) A geoduck fishery license expires when the
underlying geoduck harvesting agreement terminates.
(5) The director shall determine the number of
geoduck fishery licenses that may be issued for each geoduck harvesting
agreement, the number of units of gear whose use the license authorizes, and
the type of gear that may be used, subject to RCW 75.24.100. In making those
determinations, the director shall seek to conserve the geoduck resource and
prevent damage to its habitat.
(6) The holder of a geoduck fishery license and
the holder's agents and representatives shall comply with all applicable
commercial diving safety regulations adopted by the federal occupational safety
and health administration established under the federal occupational safety and
health act of 1970 as such law exists on May 8, 1979, 84 Stat. 1590 et seq.; 29
U.S.C. Sec. 651 et seq. A violation of those regulations is a violation of
this subsection. For the purposes of this section, persons who dive for
geoducks are "employees" as defined by the federal occupational
safety and health act. A violation of this subsection is grounds for
suspension or revocation of a geoduck fishery license following a hearing under
the procedures of chapter 34.05 RCW. The department shall not suspend or
revoke a geoduck fishery license if the violation has been corrected within ten
days of the date the license holder receives written notice of the violation.
If there is a substantial probability that a violation of the commercial diving
standards could result in death or serious physical harm to a person engaged in
harvesting geoduck clams, the department shall suspend the license immediately
until the violation has been corrected. If the license holder is not the
operator of the harvest vessel and has contracted with another person for the
harvesting of geoducks, the department shall not suspend or revoke the license
if the license holder terminates its business relationship with that person
until compliance with this subsection is secured.
Sec. 47.
RCW 75.08.011 and 1990 c 63 s 6 and 1990 c 35 s 3 are each reenacted and
amended to read as follows:
As used in this title or rules of the director,
unless the context clearly requires otherwise:
(1) "Director" means the director of
fisheries.
(2) "Department" means the department
of fisheries.
(3) "Person" means an individual or a
public or private entity or organization. The term "person" includes
local, state, and federal government agencies, and all business organizations,
including corporations and partnerships.
(4) "Fisheries patrol officer" means
a person appointed and commissioned by the director, with authority to enforce
this title, rules of the director, and other statutes as prescribed by the
legislature. Fisheries patrol officers are peace officers.
(5) "Ex officio fisheries patrol
officer" means a commissioned officer of a municipal, county, state, or
federal agency having as its primary function the enforcement of criminal laws
in general, while the officer is in the appropriate jurisdiction. The term
"ex officio fisheries patrol officer" also includes wildlife agents,
special agents of the national marine fisheries service, United States fish and
wildlife special agents, state parks commissioned officers, department of
natural resources enforcement officers, and United States forest service
officers, while the agents and officers are within their respective
jurisdictions.
(6) "To fish," "to
harvest," and "to take" and their derivatives mean an effort
to kill, injure, harass, or catch food fish or shellfish.
(7) "State waters" means all marine
waters and fresh waters within ordinary high water lines and within the
territorial boundaries of the state.
(8) "Offshore waters" means marine
waters of the Pacific Ocean outside the territorial boundaries of the state,
including the marine waters of other states and countries.
(9) "Concurrent waters of the Columbia
river" means those waters of the Columbia river that coincide with the
Washington-Oregon state boundary.
(10) "Resident" means a person who
has for the preceding ninety days maintained a permanent abode within the state,
has established by formal evidence an intent to continue residing within the
state, and is not licensed to fish as a resident in another state.
(11) "Nonresident" means a person who
has not fulfilled the qualifications of a resident.
(12) "Food fish" means those species
of the classes Osteichthyes, Agnatha, and Chondrichthyes that shall not be
fished for except as authorized by rule of the director. The term "food
fish" includes all stages of development and the bodily parts of food fish
species.
(13) "Shellfish" means those species
of marine and freshwater invertebrates that shall not be taken except as
authorized by rule of the director. The term "shellfish" includes
all stages of development and the bodily parts of shellfish species.
(14) "Salmon" means all species of
the genus Oncorhynchus, except those classified as game fish in Title 77 RCW,
and includes:
Scientific Name
Common Name
Oncorhynchus tshawytscha Chinook
salmon
Oncorhynchus kisutch Coho
salmon
Oncorhynchus keta Chum
salmon
Oncorhynchus gorbuscha Pink
salmon
Oncorhynchus nerka Sockeye
salmon
(15) "Commercial" means related to or
connected with buying, selling, or bartering. Fishing for food fish or
shellfish with gear unlawful for fishing for personal use, or possessing food
fish or shellfish in excess of the limits permitted for personal use are
commercial activities.
(16) "To process" and its derivatives
mean preparing or preserving food fish or shellfish.
(17) "Personal use" means for the
private use of the individual taking the food fish or shellfish and not for
sale or barter.
(18) "Angling gear" means a line
attached to a rod and reel capable of being held in hand while landing the fish
or a hand-held line operated without rod or reel to which are attached no more
than two single hooks or one artificial bait with no more than four multiple
hooks.
(19) "Open season" means those times,
manners of taking, and places or waters established by rule of the director for
the lawful fishing, taking, or possession of food fish or shellfish.
"Open season" includes the first and last days of the established
time.
(20) (("Emerging commercial
fishery" means any commercial fishery:
(a) For food fish or shellfish so designated by
rule of the director, except that no species harvested under a license
limitation program contained in chapter 75.30 RCW may be designated as a
species in an emerging commercial fishery.
(b) Which will include, subject to the
limitation in (a) of this subsection, all species harvested for commercial
purposes as of June 7, 1990, and the future commercial harvest of all other
species in the waters of the state of Washington.
(21) "Experimental fishery permit"
means a permit issued by the director to allow the recipient to engage in an
emerging commercial)) "Fishery"
means the taking of one or more particular species of food fish or shellfish
with particular gear in a particular geographical area.
(21) "Limited-entry license" means
a license subject to a license limitation program established in chapter 75.30
RCW.
Sec. 48.
RCW 75.08.230 and 1989 c 176 s 4 are each amended to read as follows:
(1) Except as provided in this section, state
and county officers receiving the following moneys shall deposit them in the
state general fund:
(a) The sale of licenses required under this
title;
(b) The sale of property seized or confiscated
under this title;
(c) Fines and forfeitures collected under this
title;
(d) The sale of real or personal property held
for department purposes;
(e) Rentals or concessions of the department;
(f) Moneys received for damages to food fish,
shellfish or department property; and
(g) Gifts.
(2) The director shall make weekly remittances
to the state treasurer of moneys collected by the department.
(3) All fines and forfeitures collected or
assessed by a district court for a violation of this title or rule of the
director shall be remitted as provided in chapter 3.62 RCW.
(4) Proceeds from the sale of food fish or
shellfish taken in test fishing conducted by the department, to the extent that
these proceeds exceed the estimates in the budget approved by the legislature,
may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the
department for unanticipated costs for test fishing operations in excess of the
allowance in the budget approved by the legislature.
(5) Proceeds from the sale of salmon and salmon
eggs by the department, to the extent these proceeds exceed estimates in the
budget approved by the legislature, may be allocated as unanticipated receipts
under RCW 43.79.270. Allocations under this subsection shall be made only for
hatchery operations partially or wholly financed by sources other than state
general revenues or for purposes of processing human consumable salmon for
disposal.
(6) Moneys received by the director under RCW
75.08.045, to the extent these moneys exceed estimates in the budget approved
by the legislature, may be allocated as unanticipated receipts under RCW
43.79.270. Allocations under this subsection shall be made only for the
specific purpose for which the moneys were received, unless the moneys were
received in settlement of a claim for damages to food fish or shellfish, in
which case the moneys may be expended for the conservation of these resources.
(7) Proceeds from the sale of herring spawn on
kelp ((permits)) fishery licenses by the department, to the
extent those proceeds exceed estimates in the budget approved by the
legislature, may be allocated as unanticipated receipts under RCW 43.79.270.
Allocations under this subsection shall be made only for herring management,
enhancement, and enforcement.
NEW SECTION. Sec. 49. A
new section is added to chapter 75.12 RCW to read as follows:
It is unlawful to use a vessel in both charter
or recreational fishing and commercial fishing on the same day.
Sec. 50.
RCW 75.28.134 and 1989 c 316 s 9 are each amended to read as follows:
(((1) In addition to a shellfish pot
license, a Hood Canal shrimp endorsement is required to take shrimp
commercially in that portion of Hood Canal lying south of the Hood Canal floating
bridge. Unless adjusted by the director pursuant to the director's authority
granted in RCW 75.28.065, the annual endorsement fee is two hundred twenty-five
dollars for a resident and four hundred fifty dollars for a nonresident.
(2) Not)) It
is unlawful to use more than fifty shrimp pots ((may be used)) while
commercially fishing for shrimp in that portion of Hood Canal lying south of
the Hood Canal floating bridge.
Sec. 51.
RCW 75.24.100 and 1984 c 80 s 2 are each amended to read as follows:
(1) ((The director may issue licenses, with
the approval of the commissioner of public lands, for the commercial harvesting
of geoduck clams from specific tracts of beds of navigable waters for which
harvest rights have been granted by the department of natural resources. The
director shall not authorize commercial harvesting on)) It is unlawful
to take geoduck clams for commercial purposes outside the harvest area
designated in a current department of natural resources geoduck harvesting
agreement issued under RCW 79.96.080. It is unlawful to commercially harvest
geoduck clams from bottoms ((which)) that are shallower than
eighteen feet below mean lower low water (0.0. ft.), or ((which)) that
lie in an area bounded by the line of ordinary high tide (mean high tide) and a
line two hundred yards seaward from and parallel to the line of ordinary high
tide. ((If the director determines that the number of units of gear is
sufficient to harvest the known available crop and that additional units of
gear might prove damaging to the resource or its habitat, the director may
suspend the issuance of additional licenses until the director determines there
is need for additional units of gear to achieve a sustained harvest.)) This
section does not apply to the harvest of private sector cultured aquatic
products as defined in RCW 15.85.020.
(2) Commercial geoduck harvesting shall be done
with a hand-held, manually operated water jet or suction device guided and
controlled from under water by a diver. Periodically, the director shall
determine the effect of each type or unit of gear upon the geoduck population
or the substrate they inhabit. The director may require modification of the
gear or stop its use if it is being operated in a wasteful or destructive
manner or if its operation may cause permanent damage to the bottom or adjacent
shellfish populations.
(((3) A person, including the person's
agents or representatives, who holds a license under subsection (1) of this
section shall comply with all applicable commercial diving safety regulations
adopted by the federal occupational safety and health administration
established under the federal occupational safety and health act of 1970 as
such law exists on May 8, 1979 (84 Stat. 1590 et seq.; 29 U.S.C. Sec. 651 et
seq.). A violation of these regulations is a violation of this subsection.
For the purposes of this section, persons who dive for geoducks are
"employees" as defined by the federal occupational safety and health
act. A violation of this subsection is grounds for suspension or revocation of
the license following a hearing as provided for in chapter 34.05 RCW. A
license shall not be suspended or revoked if the violation has been corrected
within ten days of receipt of written notice of the violation. If there is a
substantial probability that a violation of the commercial diving standards
could result in death or serious physical harm to a person engaged in
harvesting geoduck clams, the department shall suspend the license immediately
until the violation has been corrected. If the licensee is the holder of a
tract license and contracts with another person for the harvesting of geoducks,
the license shall not be suspended or canceled if the licensee terminates its
business relationship with such entity until compliance with this subsection is
secured.))
Sec. 52.
RCW 75.28.070 and 1983 1st ex.s. c 46 s 110 are each amended to read as
follows:
((Clam or oyster farm, oyster reserve, and))
Wholesale fish dealer licenses shall be displayed at the business
premises of the licensee.
Sec. 53.
RCW 75.50.100 and 1990 c 58 s 3 are each amended to read as follows:
The dedicated regional fisheries enhancement
group account is created in the custody of the state treasurer. Only the
director or the director's designee may authorize expenditures from the
account. The account is subject to allotment procedures under chapter 43.88
RCW, but no appropriation is required for expenditures.
A surcharge of one dollar shall be collected on
each recreational salmon license sold in the state. A surcharge of one hundred
dollars shall be collected on each commercial salmon ((fishing)) fishery
license, each salmon delivery license, and each salmon
charter ((boat "salmon and other food fish")) license sold in
the state. The department shall study methods for collecting and making
available, an annual list, including names and addresses, of all persons who
obtain recreational and commercial salmon fishing licenses. This list may be
used to assist formation of the regional fisheries enhancement groups and allow
the broadest participation of license holders in enhancement efforts. The
results of the study shall be reported to the house of representatives
fisheries and wildlife committee and the senate environment and natural
resources committee by October 1, 1990. All receipts shall be placed in the
regional fisheries enhancement group account and shall be used exclusively for
regional fisheries enhancement group projects for the purposes of RCW
75.50.110. Funds from the regional fisheries enhancement group account shall
not serve as replacement funding for department operated salmon projects that
exist on January 1, 1991.
All revenue from the department's sale of
salmon carcasses and eggs that return to group facilities shall be deposited in
the regional fisheries enhancement group account for use by the regional
fisheries enhancement group that produced the surplus. The ((department))
director shall adopt rules to implement this section pursuant to chapter
34.05 RCW.
NEW SECTION. Sec. 54.
(1) RCW 75.28.070 as amended by section 52 of this act is recodified within
chapter 75.28 RCW to follow RCW 75.28.300.
(2) RCW 75.28.134 as amended by section 50 of
this act is recodified as a section in chapter 75.12 RCW.
(3) RCW 75.28.235 as amended by section 36 of
this act is recodified as a section in chapter 75.30 RCW.
(4) RCW 75.28.245 as amended by section 37 of
this act is recodified as a section in chapter 75.30 RCW.
(5) RCW 75.28.287 as amended by section 24 of
this act is recodified within chapter 75.28 RCW to follow RCW 75.28.710.
NEW SECTION. Sec. 55.
RCW 75.30.150 is decodified.
NEW SECTION. Sec. 56.
The following acts or parts of acts are each repealed:
(1) RCW
75.28.012 and 1983 1st ex.s. c 46 s 102, 1971 ex.s. c 283 s 2, & 1957 c 171
s 1;
(2) RCW
75.28.035 and 1989 c 316 s 1, 1983 1st ex.s. c 46 s 107, 1959 c 309 s 9, &
1955 c 12 s 75.28.100;
(3) RCW
75.28.060 and 1983 1st ex.s. c 46 s 109, 1971 ex.s. c 283 s 4, 1965 ex.s. c 30
s 1, 1959 c 309 s 8, 1955 c 212 s 3, & 1955 c 12 s 75.28.060;
(4) RCW
75.28.140 and 1989 c 316 s 10, 1983 1st ex.s. c 46 s 121, 1977 ex.s. c 327 s 7,
1971 ex.s. c 283 s 8, 1965 ex.s. c 73 s 5, 1959 c 309 s 13, & 1955 c 12 s
75.28.140; and
(5) RCW
75.28.255 and 1989 c 316 s 11, 1983 1st ex.s. c 46 s 122, & 1955 c 212 s 5.
NEW SECTION. Sec. 57.
Section headings as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 58.
This act shall take effect January 1, 1994.
NEW SECTION. Sec. 59. 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.
