AN
ACT Relating to the Dungeness crabCcoastal
fishery; amending RCW 75.28.011, 75.30.360, 75.30.380, and 75.30.390; adding a
new section to chapter 75.28 RCW; and decodifying RCW 75.30.400.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
75.28.011 and 1995 c 228 s 1 are each amended to read as follows:
(1)
Unless otherwise provided in this title, a license issued under this chapter is
not transferable from the license holder to any other person.
(2)
The following restrictions apply to transfers of commercial fishery licenses,
salmon delivery licenses, and salmon charter licenses that are transferable
between license holders:
(a)
The license holder shall surrender the previously issued license to the
department.
(b)
The department shall complete no more than one transfer of the license in any
seven-day period.
(c)
The fee to transfer a license from one license holder to another is:
(i)
The same as the resident license renewal fee if the license is not limited
under chapter 75.30 RCW;
(ii)
Three and one-half times the resident renewal fee if the license is not a
commercial salmon license and the license is limited under chapter 75.30 RCW;
(iii)
Fifty dollars if the license is a commercial salmon license and is limited
under chapter 75.30 RCW; ((or))
(iv)
Five hundred dollars if the license is a Dungeness crabCcoastal fishery license; or
(v)
If a license is transferred from a resident to a nonresident, an additional
fee is assessed that is equal to the difference between the resident and
nonresident license fees at the time of transfer, to be paid by the transferee.
(3)
A commercial license that is transferable under this title survives the death
of the holder. Though such licenses are not personal property, they shall be
treated as analogous to personal property for purposes of inheritance and
intestacy. Such licenses are subject to state laws governing wills, trusts,
estates, intestate succession, and community property, except that such
licenses are exempt from claims of creditors of the estate and tax liens. The
surviving spouse, estate, or beneficiary of the estate may apply for a renewal
of the license. There is no fee for transfer of a license from a license
holder to the license holder's surviving spouse or estate, or to a beneficiary
of the estate.
Sec.
2. RCW
75.30.360 and 1994 c 260 s 3 are each amended to read as follows:
(1)
The director shall allow the landing into Washington state of crab taken in
offshore waters only if:
(a)
The crab are legally caught and landed by fishers with a valid Washington state
Dungeness crabCcoastal
fishery license or a valid Dungeness crabCcoastal
class B fishery license; or
(b)
((The crab are legally caught and landed by fishers with a valid Oregon or
California commercial crab fishing license during the calendar year between the
dates of February 15th and September 15th inclusive, if the crab were caught in
offshore waters beyond the jurisdiction of Washington state, if the crab were
taken with crab gear that consisted of one buoy attached to each crab pot, if
each crab pot was fished individually, and if the fisher landing the crab has
obtained a valid delivery license; or
(c))) (i)
The director determines that the landing of offshore Dungeness crab by fishers
without a Washington state Dungeness crabCcoastal
fishery license or a valid Dungeness crabCcoastal
class B fishery license is in the best interest of the coastal crab processing
industry ((and)); (ii) the director has been requested to allow
such landings by at least three Dungeness crab processors((, and if));
(iii) the landings are permitted only between the dates of December 1st to
February 15th inclusively((, if)); (iv) only crab fishers
commercially licensed to fish by Oregon or California are permitted to land, if
the crab was taken with gear that consisted of one buoy attached to each crab
pot, ((if)) and each crab pot was fished individually, ((if));
(v) the fisher landing the crab has obtained a valid delivery license((,));
and ((if)) (vi) the decision is made on a case-by-case basis for
the sole reason of improving the economic stability of the commercial crab
fishery.
(2)
Nothing in this section allows the commercial fishing of Dungeness crab in
waters within three miles of Washington state by fishers who do not possess a
valid Dungeness crabCcoastal
fishery license or a valid Dungeness crabCcoastal
class B fishery license. Landings of offshore Dungeness crab by fishers
without a valid Dungeness crabCcoastal
fishery license or a valid Dungeness crabCcoastal
class B (([fishery])) fishery license do not qualify the fisher
for such licenses.
Sec.
3. RCW
75.30.380 and 1994 c 260 s 5 are each amended to read as follows:
Dungeness
crabCcoastal fishery licenses are
freely transferable on a willing seller-willing buyer basis((, if upon each
sale of a Dungeness crabCcoastal
fishery license, twenty percent of the sale proceeds are remitted to the
department and deposited in the coastal crab account. Funds shall be used for
license purchase as provided in RCW 75.30.400 or for coastal crab management
activities as provided in RCW 75.30.410)) after paying the
transfer fee in RCW 75.28.011.
((For
any license transfer that includes the transfer of the designated vessel and
associated business, the seller must sign a notarized affidavit that the value
of the vessel and associated business was not inflated. A marine survey
documenting the value of the vessel and associated business shall be filed with
the department along with the affidavit and the application to transfer the
Dungeness crabCcoastal
fishery license. The cost of the survey shall be paid by the purchaser.))
Sec.
4. RCW
75.30.390 and 1994 c 260 s 6 are each amended to read as follows:
(((1)))
The coastal crab account is created in the custody of the state treasurer. The
account shall consist of revenues from fees from the transfer of each Dungeness
crabCcoastal fishery license
assessed under RCW 75.28.011, delivery fees assessed under RCW 75.30.370, and
the license surcharge under section 5 of this act. Only
the director or the director's designee may authorize expenditures from the
account. The account is subject to allotment procedures under chapter 43.88
RCW but no appropriation is required for expenditures. Funds may be used for
((license purchase as provided in RCW 75.30.400, or for)) coastal crab
management activities as provided in RCW 75.30.410. ((The appropriate
standing committees of the legislature shall review the status and expenditures
of the coastal crab account yearly.
(2)
A surcharge of two hundred fifty dollars shall be collected with each Dungeness
crabCcoastal fishery license and
Dungeness crabCcoastal
class B fishery license for 1995 and 1996, for the purposes of purchasing
Dungeness crabCcoastal
class B fishery licenses as provided in RCW 75.30.400. The moneys shall be
deposited into the coastal crab account.))
NEW
SECTION. Sec. 5. A
new section is added to chapter 75.28 RCW to read as follows:
A
surcharge of one hundred twenty dollars shall be collected with each Dungeness
crabCcoastal fishery license and
with each Dungeness crabCcoastal
class B fishery license issued under RCW 75.28.130. Moneys collected under
this section shall be placed in the coastal crab account created under RCW
75.30.390.
NEW
SECTION. Sec. 6. RCW
75.30.400 is decodified.
