_______________________________________________
SENATE
BILL 5642
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Passed
Legislature - 1997 Regular Session
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 02/04/97.
Referred to Committee on Natural Resources & Parks.
Regulating
the taking of dungeness crab in Puget Sound.
AN
ACT Relating to limiting the number of fishers eligible to commercially fish
for Puget Sound dungeness crab; and amending RCW 75.30.130.
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) 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)
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, dungeness crab‑-))
Puget Sound fishery licenses are transferable from one license holder to
another.
(7) If fewer than ((two hundred)) one hundred twenty-five
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)) one hundred twenty-five 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.
