6387-S.E AMH NR H5337.1 [atlas:amendment]

6387-S.E AMH NR H5337.1

ESSB 6387 - H COMM AMD

By Committee on Natural Resources

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that the management of Puget Sound crab involves a wide variety of management tools and that it is becoming increasingly more difficult to balance the needs of recreational and commercial crab fishers.

The legislature finds that the Puget Sound commercial crab industry experienced an unexpected season closure during the 1995 fishing season and that the closure has had an adverse impact on the markets developed by these fishers. The legislature also finds that Puget Sound provides a unique opportunity to fish recreationally for crabs.

It is the intent of the legislature to establish a process to provide adequate notice to fishers in the Puget Sound commercial crab fishery of unexpected closures. It is not the intent of the legislature to limit the ability of the fish and wildlife commission to manage Puget Sound crab for the benefit of all of its citizens nor is it the intent of the legislature to intercede in the commission's allocation of the Puget Sound crab fishery.

Sec. 2. RCW 75.28.046 and 1994 c 260 s 12 are each amended to read as follows:

This section applies to all commercial fishery licenses, delivery licenses, and charter licenses, except for whitingCPuget 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 crabCcoastal fishery class B licensees licensed under RCW 75.30.350((~~(3)~~))(4), the holder of a license subject to this section may also designate up to two alternate operators for the license. Dungeness crabCcoastal 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.

Sec. 3. RCW 75.28.048 and 1993 c 340 s 25 are each amended to read as follows:

(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 RCW 75.28.046.

(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 RCW 75.28.046.

(4) An individual who holds two Dungeness crabCPuget Sound fishery licenses or two persons who both hold Dungeness crabCPuget Sound fishery licenses may operate one vessel, provided that the owner or alternate operator is on the vessel.

(5) 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. 4. RCW 75.28.130 and 1994 c 260 s 14 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 ring netC $130 $185 Yes No

Non-Puget Sound

Puget Sound

(d) Dungeness crabC $295 $520 Yes Yes

coastal (RCW 75.30.350)

(e) Dungeness crabC $295 $520 Yes Yes

coastal, class B

(RCW 75.30.350)

(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 $130 $185 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)(a) The fish and wildlife commission may open the commercial Dungeness crabCPuget Sound fishery from October 1 to April 15. If the commission closes or does not open the commercial Dungeness crabCPuget Sound fishery at all between October 1 and April 15, the commission shall hold a public hearing in the north Puget Sound area before the closure. The fish and wildlife commission shall consider the effect of a potential fishery closure upon the marketability of crab and the economic health and the physical safety of the fishers. The fish and wildlife commission may close the commercial Dungeness crabCPuget Sound non-Indian fishery between October 1 and April 15 only with the approval of a majority of fish and wildlife commission members. In the event of a closure, the fish and wildlife commission shall close the commercial Dungeness crabCPuget Sound fishery in a way that the fishers have adequate time to remove their pots from the fishing grounds, considering weather conditions and the size and capacity of the boats participating in the fishery. It is unlawful to set crab gear prior to 9:00 a.m. on the opening day of the season.

(b) The holder of a Dungeness crabCPuget Sound fishery license may take or fish for crabs with up to one hundred shellfish pots.

(c) The fish and wildlife commission shall work with the treaty Indian commercial crab fishing industry to ensure coordination with the non-Indian commercial crab fishing industry, to minimize waste, and to ensure the long-term health and productivity of the resource.

(3) The ((~~director~~)) fish and wildlife commission 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.

Sec. 5. RCW 75.30.130 and 1993 c 340 s 34 are each amended to read as follows:

(1) It is unlawful to take Dungeness crab (Cancer magister) in Puget Sound without first obtaining a Dungeness crabCPuget Sound fishery license. As used in this section, "Puget Sound" has the meaning given in RCW 75.28.110(5)(a). A Dungeness crabCPuget Sound fishery license is not required to take other species of crab, including red rock crab (Cancer productus).

(2) Except as provided in subsection((s)) (3) ((~~and (7)~~)) of this section, after January 1, 1982, the director shall issue no new Dungeness crabCPuget Sound fishery licenses. ((~~Only~~)) A person ((~~who meets the following qualifications~~)) may renew an existing license((:

~~(a)~~)) if the person ((~~shall have~~)) has held the Dungeness crabCPuget Sound fishery 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~~)) has not ((~~have~~)) subsequently transferred the license to another person((~~; and~~

(b) The person shall document, by valid shellfish receiving tickets issued by the department, that one thousand pounds of dungeness crab were caught and sold during the previous two-year period ending on December 31st of an odd-numbered year:

~~(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 person failed to obtain the license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended.

(4) ((The director may reduce or waive the 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 poundage requirement in individual cases if, in the board's judgment, extenuating circumstances prevent achievement of the poundage requirement. The director shall adopt rules governing the operation of the review boards and defining "extenuating circumstances."

~~(5)~~)) This section does not restrict the issuance of commercial crab licenses for areas other than Puget Sound or for species other than Dungeness crab.

((~~(6) Subject to the restrictions in section 11 of this act,~~)) (5) Dungeness crabCPuget Sound fishery licenses are transferable from one license holder to another.

((~~(7) If fewer than two hundred persons are eligible for Dungeness crab~~CPuget Sound fishery licenses, the director may accept applications for new licenses. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain two hundred licenses in the Puget Sound Dungeness crab fishery. The director shall adopt rules governing the application, selection, and issuance procedures for new Dungeness crab~~CPuget Sound fishery licenses, based upon recommendations of a board of review established under RCW 75.30.050.~~))

Sec. 6. RCW 75.28.045 and 1993 c 340 s 7 are each amended to read as follows:

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, except as otherwise provided in statute. 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."

ESSB 6387 - H COMM AMD

By Committee on Natural Resources

On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "amending RCW 75.28.046, 75.28.048, 75.28.130, 75.30.130, and 75.28.045; and creating a new section."