S-4523

AN ACT Relating to alternate operator licenses; amending RCW 75.28.010, 75.28.030, 75.28.046, 75.28.047, and 75.28.048; and declaring an emergency.

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

Sec. 1. RCW 75.28.010 and 1997 c 58 s 883 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:

(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. However, no license or permit is required for the operation of a licensed charter boat by an alternate operator specified by the licensee;

(d) Engage in processing or wholesaling food fish or shellfish; or

(e) 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) No person may engage in the activities described in subsection (1) of this section 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 and the person's license is not suspended.

(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. 2. RCW 75.28.030 and 1993 sp.s. c 17 s 44 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 receiving a completed application accompanied by the required fee.

(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((,)) or delivery license((~~, or charter license~~)) may designate a vessel to be used with the license ((~~and~~)). An applicant for a commercial fishery license or delivery license may also designate 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 twenty dollars.

Sec. 3. 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((,)) and 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. 4. RCW 75.28.047 and 1993 c 340 s 10 are each amended to read as follows:

(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~~)) Notwithstanding RCW 75.28.010(1)(c), an alternate operator license is not required for an individual to operate a vessel as a charter boat.

Sec. 5. RCW 75.28.048 and 1997 c 233 s 2 are each amended to read as follows:

(1) A person who holds a commercial fishery license((,)) or a 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((,)) or 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((,)) or 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.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.