BP BHEAD INT S [atlas:bill]

AN ACT Relating to sea urchin and sea cucumber dive fishery licenses; amending RCW 75.28.046; adding new sections to chapter 75.30 RCW; creating a new section; and repealing RCW 75.30.210 and 75.30.250.

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

NEW SECTION. Sec. 1. The legislature recognizes the federal court decision on shellfish, U.S. v. Washington, No. 9213, Subproceeding 89-3, has placed undue economic hardship on licensed sea urchin and sea cucumber fishers. That court decision has reduced the state non-Indian allocation of harvest to fifty percent of prior harvest amounts. The legislature finds that it is in the best interest of the state and the sea urchin industry to establish a license retirement system based on transfer fees and license surcharges.

NEW SECTION. Sec. 2. A new section is added to chapter 75.30 RCW to read as follows:

(1) A sea urchin dive fishery license is required to take sea urchins for commercial purposes. In addition to other rules of the department regarding harvest of sea urchins, the license allows only one diver in the water at any time during the sea urchin harvesting operation. Two sea urchin dive fishery licenses may be registered to the same vessel allowing two divers in the water at the same time from that vessel. The holder of a sea urchin dive fishery license must be on board the harvest vessel or in the water during the sea urchin harvesting operation and landing of sea urchins.

(2) After December 31, 1998, no alternate operator licenses may be designated for the sea urchin dive fishery licenses except as follows:

(a) If the sea urchin dive fishery license holder becomes incapacitated and unable to be on board the harvest vessel for medical reasons, then one alternate operator license at a time per sea urchin dive fishery license may be issued. The application to designate an alternate operator under this subsection must be accompanied by a letter from a licensed physician stating why and during which dates the license holder cannot be aboard the harvest vessel. A license holder may designate an alternate operator under this subsection for no more than two years.

(b) If upon the death of a sea urchin dive fishery license holder the license is transferred to a living child or a living spouse, then the child or spouse may designate one alternate operator license at a time per sea urchin dive fishery license for a maximum period of two years after the death of the original license holder.

(3) The director shall issue no new sea urchin dive fishery licenses except pursuant to rules adopted under subsection (7) of this section. After January 1, 1999, the director shall renew existing licenses only to a natural person who held the license at the end of the prior year. If a license is not held by a natural person at the end of 1998, then it shall be unrenewable thereafter. If a natural person failed to hold a license at the end of a prior year solely because of suspension or revocation of privileges by the department or a court, the director shall renew the license at the end of the suspension or revocation but before the end of the year.

(4) Sea urchin dive fishery licenses may be transferred only as provided in this subsection and by complying with forms provided by the department.

(a) From the effective date of this act through December 31, 1998, a license holder may transfer a license to any natural person by paying a two hundred fifty dollar transfer fee to the department.

(b) After December 31, 1998, a license may be transferred from a license holder to any natural person by paying a five hundred dollar transfer fee to the department.

(c) Moneys collected under this subsection shall be placed in the sea urchin account created under section 4 of this act.

(5) The department may issue an order declaring that a sea urchin license is void if the license is transferred without complying with subsection (4) of this section. For purposes of this subsection, a license may be deemed transferred and void if any person other than the named license holder has any legal, contractual, or equitable right to be the beneficial owner, user, or alternate operator of such a license. However, any license holder subject to a contract or lease entered before the effective date of this act may comply with subsection (4)(a) of this section to avoid such an order. A license holder subject to an order declaring a license void may file an appeal with the department within thirty days after service of the order. The department will review the order with an adjudicative proceeding under chapter 34.05 RCW, the administrative procedure act.

(6) A natural person may hold no more than two sea urchin dive fishery licenses.

(7) If fewer than twenty-five sea urchin dive fishery licenses exist, the director may adopt rules that provide for issuance of new licenses up to a total of twenty-five. These rules shall protect the public interest in the sea urchin resource and define the fee and issuance criteria.

(8) For all sea urchin dive fishery licenses issued from January 1, 1999, through December 31, 2004, there is a surcharge of one hundred dollars that must be deposited in the sea urchin dive fishery account.

NEW SECTION. Sec. 3. A new section is added to chapter 75.30 RCW to read as follows:

(1) A sea cucumber dive fishery license is required to take sea cucumbers for commercial purposes. In addition to other rules of the department regarding harvest of sea cucumbers, the license allows only one diver in the water at any time during the sea cucumber harvesting operation. Two sea cucumber dive fishery licenses may be registered to the same vessel allowing two divers in the water at the same time from that vessel. The holder of a sea cucumber dive fishery license must be on board the harvest vessel or in the water during the sea cucumber harvesting operation and landing of sea cucumbers.

(2) After December 31, 1998, no alternate operator licenses may be designated for the sea cucumber dive fishery licenses except as follows:

(a) If the sea cucumber dive fishery license holder becomes incapacitated and unable to be on board the harvest vessel for medical reasons, then one alternate operator license at a time per sea cucumber dive fishery license may be issued. The application to designate an alternate operator under this subsection must be accompanied by a letter from a licensed physician stating why and during which dates the license holder cannot be aboard the harvest vessel. A license holder may designate an alternate operator under this subsection for no more than two years.

(b) If upon the death of a license holder the sea cucumber dive fishery license is transferred to a living child or a living spouse, then the child or spouse may designate one alternate operator license at a time per sea cucumber dive fishery license for a maximum period of two years after the death of the original license holder.

(3) The director shall issue no new sea cucumber dive fishery licenses except pursuant to rules adopted under subsection (7) of this section. After January 1, 1999, the director shall renew existing licenses only to a natural person who held the license at the end of the prior year. If a license is not held by a natural person at the end of 1998, then it shall be unrenewable thereafter. If a natural person failed to hold a license at the end of a prior year solely because of suspension or revocation of privileges by the department or a court, the director shall renew the license at the end of the suspension or revocation but before the end of the year.

(4) Sea cucumber dive fishery licenses may be transferred only as provided in this subsection and by complying with forms provided by the department.

(a) From the effective date of this act through December 31, 1998, a license holder may transfer a license to any natural person by paying a two hundred fifty dollar transfer fee to the department.

(b) After December 31, 1998, a license may be transferred from a license holder to any natural person by paying a five hundred dollar transfer fee to the department.

(c) Moneys collected under this subsection shall be placed in the sea cucumber account created under section 4 of this act.

(5) The department may issue an order declaring that a sea cucumber license is void if the license is transferred without complying with subsection (4) of this section. For purposes of this subsection, a license may be deemed transferred and void if any person other than the named license holder has any legal, contractual, or equitable right to be the beneficial owner, user, or alternate operator of such license. However, any license holder subject to a contract or lease entered before the effective date of this act may comply with subsection (4)(a) of this section to avoid such an order. A license holder subject to an order declaring a license void may file an appeal with the department within thirty days after service of the order. The department will review the order with an adjudicative proceeding under chapter 34.05 RCW, the administrative procedure act.

(6) A natural person may hold no more than two sea cucumber dive fishery licenses.

(7) If fewer than twenty-five sea cucumber dive fishery licenses exist, the director may adopt rules that provide for issuance of new licenses up to a total of twenty-five. These rules shall protect the public interest in the sea cucumber resource and define the fee and issuance criteria.

(8) For all sea cucumber dive fishery licenses issued from January 1, 1999, through December 31, 2004, there is a surcharge of one hundred dollars that must be deposited in the sea cucumber dive fishery account.

NEW SECTION. Sec. 4. A new section is added to chapter 75.30 RCW to read as follows:

The sea urchin dive fishery account is created in the custody of the state treasurer. All receipts from revenues from the transfer of fees imposed under section 2(4) of this act and the surcharge imposed under section 2(8) of this act must be deposited into the account. Expenditures from the account may be used only for sea urchin license retirement activities and sea urchin management and enforcement activities as provided under section 6 of this act. Only the director of fish and wildlife or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION. Sec. 5. A new section is added to chapter 75.30 RCW to read as follows:

The sea cucumber dive fishery account is created in the custody of the state treasurer. All receipts from the transfer of fees imposed under section 3(4) of this act and the surcharge imposed under section 3(8) of this act must be deposited into the account. Expenditures from the account may be used only for sea cucumber license retirement activities and sea cucumber management and enforcement activities as provided under section 6 of this act. Only the director of fish and wildlife or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION. Sec. 6. A new section is added to chapter 75.30 RCW to read as follows:

Expenditures from the sea urchin and sea cucumber dive fisheries accounts may be made by the department for purposes of acquiring and permanently retiring sea urchin and sea cucumber licenses in a manner prescribed by the director. The process for retirement of licenses shall be set by rule by the director and the rules shall provide the opportunity for a spouse or child transferee after the death of a license holder to retire their license at the earliest appropriate time. After the number of licenses drops to twenty-five, the funds may be used by the department for sea urchin and sea cucumber management and enforcement.

Sec. 7. 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 whiting-Puget Sound fishery licenses and emergency salmon delivery licenses.

(1) The license holder may engage in the activity authorized by a license subject to this section. With the exception of Dungeness crab-coastal fishery class B licensees licensed under RCW ((~~75.30.350(3)~~)) 75.30.350(4), the holder of a license subject to this section may also designate up to two alternate operators for the license. Dungeness crab-coastal fishery class B licensees may not designate alternate operators. After December 31, 1998, sea urchin and sea cucumber dive fishery licenses may not designate alternate operators except as provided in sections 2 (2) and 3 (2) of this act. A person designated as an alternate operator must possess an alternate operator license issued under ((~~section 23 of this act and~~)) RCW 75.28.048.

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

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) RCW 75.30.210 and 1993 c 340 s 41, 1990 c 62 s 2, & 1989 c 37 s 2; and

(2) RCW 75.30.250 and 1993 c 340 s 44 & 1990 c 61 s 2.