AN
ACT Relating to removing landing requirements for the Puget Sound commercial
crab fishery and allowing two licensees to operate one vessel; and amending RCW
75.30.130 and 75.28.048.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. 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 crab‑-Puget Sound fishery license. 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 is not
required to take other species of crab, including red rock crab (Cancer
productus).
(2)
Except as provided in subsections (3) and (((7))) (6) 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 qualification((s))
may renew an existing license: (((a))) The person shall have held the
dungeness crab‑-Puget 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 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
crab‑-Puget Sound fishery licenses are transferable from one license
holder to another.
(((7)))
(6) If fewer than two hundred persons are eligible for dungeness crab‑-Puget
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‑-Puget Sound fishery
licenses, based upon recommendations of a board of review established under RCW
75.30.050.
Sec.
2. 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 crab‑-Puget Sound fishery
licenses may operate the licenses on one vessel if the vessel owner or
alternate operator is on the vessel. The department shall allow a license
holder to operate up to one hundred crab pots for each license.
(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.
