AN
ACT Relating to limitations on fishery licenses; and amending RCW 77.70.410,
77.70.420, 77.65.100, and 77.65.110.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
77.70.410 and 2000 c 107 s 84 are each amended to read as follows:
(1)
The shrimp pot-Puget Sound ((shrimp emerging)) fishery ((management
regime)) is ((converted from an emerging fishery status to)) a
limited entry fishery ((status effective January 1, 2000.
(2)
Effective January 1, 2000,)) and a person shall
not fish for shrimp taken from Puget Sound for commercial purposes with shrimp
pot gear except under the provisions of a shrimp pot-Puget Sound fishery
license issued under RCW 77.65.220.
(((3)
Effective January 1, 2000, a shrimp pot-Puget Sound fishery license shall only
be issued to a natural person who held an emerging commercial fishery license
and Puget Sound shrimp pot experimental fishery permit during 1999. Beginning
January 1, 2001,))
(2)
A shrimp pot-Puget Sound fishery license shall only be issued to a natural
person who held a shrimp pot-Puget Sound fishery license during the previous
year, except upon the death of the licensee the license shall be treated as
analogous to personal property for purposes of inheritance and intestacy.
(3)
No more than two shrimp pot-Puget Sound fishery licenses may be owned by a
licensee. The licensee must transfer the second license into the licensee's
name, and designate on the second license the same vessel as is designated on
the first license at the time of the transfer. Licensees who hold two shrimp
pot-Puget Sound fishery licenses may not transfer one of the two licenses for a
twelve-month period beginning on the date the second license is transferred to
the licensee, but the licensee may transfer both licenses to another natural
person. The nontransferability provisions of this subsection start anew for
the receiver of the two licenses. Licensees who hold two shrimp pot-Puget
sound fishery licenses may fish one and one-half times the maximum number of
pots allowed for Puget Sound shrimp, and may retain and land one and one-half
times the maximum catch limits established for Puget Sound shrimp taken with
shellfish pot gear.
(4)
Through December 31, 2001, shrimp pot-Puget Sound fishery licenses are
((nontransferable.
(5)
The department, by rule, may set licensee participation requirements for Puget
Sound shellfish pot shrimp harvest)) transferable only to a
current shrimp pot-Puget Sound fishery licensee, or upon death of the
licensee. Beginning January 1, 2002, shrimp pot-Puget Sound commercial fishery
licenses are transferable, except holders of two shrimp pot-Puget Sound
licenses are subject to nontransferability provisions as provided for in this
section.
(5)
Through December 31, 2001, a shrimp pot-Puget Sound licensee may designate any
natural person as the alternate operator for the license. Beginning January 1,
2002, a shrimp pot-Puget Sound licensee may designate only an immediate family
member, as defined in RCW 77.12.047, as the alternate operator. A licensee
with a bona fide medical emergency may designate a person other than an
immediate family member as the alternate operator for a period not to exceed
two years, provided the licensee documents the medical emergency with letters
from two medical doctors describing the illness or condition that prevents the
licensee from participating in the fishery. The two-year period may be
extended by the director upon recommendation of a department-appointed Puget
Sound shrimp advisory board. If the licensee has no immediate family member
who is capable of operating the license, the licensee may make a request to the
Puget Sound shrimp advisory board to designate an alternate operator who is not
an immediate family member, and upon recommendation of the Puget Sound shrimp
advisory board, the director may allow designation of an alternate operator who
is not an immediate family member.
Sec.
2. RCW
77.70.420 and 2000 c 107 s 85 are each amended to read as follows:
(1)
The shrimp trawl-Puget Sound ((shrimp emerging)) fishery ((management
regime)) is ((converted from an emerging fishery status to)) a
limited entry fishery ((status effective January 1, 2000.
(2)
Effective January 1, 2000,)) and a person shall
not fish for shrimp taken from Puget Sound for commercial purposes with shrimp
trawl gear except under the provisions of a shrimp trawl-Puget Sound fishery
license issued under RCW 77.65.220.
(((3)
Effective January 1, 2000, a shrimp trawl-Puget Sound fishery license shall
only be issued to a natural person who held an emerging commercial fishery
license and Puget Sound shrimp trawl experimental fishery permit during 1999.
Beginning January 1, 2001,))
(2)
A shrimp trawl-Puget Sound fishery license shall only be issued to a
natural person who held a shrimp trawl-Puget Sound fishery license during the
previous licensing year((.
(4)
The department, by rule, may set licensee participation requirements for Puget
Sound shellfish trawl shrimp harvest.
(5)
Shrimp trawl-Puget Sound fishery licenses are nontransferable)),
except upon the death of the licensee the license shall be treated as analogous
to personal property for purposes of inheritance and intestacy.
(3)
No more than one shrimp trawl-Puget Sound fishery license may be owned by a
licensee.
(4)
Through December 31, 2001, shrimp trawl-Puget Sound fishery licenses are
nontransferable, except upon death of the licensee. Beginning January 1, 2002,
shrimp trawl-Puget Sound licenses are transferable.
(5)
Through December 31, 2001, a shrimp trawl-Puget Sound licensee may designate
any natural person as the alternate operator for the license. Beginning January
1, 2002, a shrimp trawl-Puget Sound licensee may designate only an immediate
family member, as defined in RCW 77.12.047, as the alternate operator. A
licensee with a bona fide medical emergency may designate a person other than
an immediate family member as the alternate operator for a period not to exceed
two years, provided the licensee documents the medical emergency with letters
from two medical doctors describing the illness or condition that prevents the
immediate family member from participating in the fishery. The two-year period
may be extended by the director upon recommendation of a department-appointed
Puget Sound shrimp advisory board. If the licensee has no immediate family
member who is capable of operating the license, the licensee may make a request
to the Puget Sound shrimp advisory board to designate an alternate operator who
is not an immediate family member, and upon recommendation of the Puget Sound
shrimp advisory board, the director may allow designation of an alternate
operator who is not an immediate family member.
Sec.
3. RCW
77.65.100 and 1998 c 190 s 94 are each amended to read as follows:
This
section applies to all commercial fishery licenses, delivery licenses, and
charter licenses.
(1)
An applicant for a license subject to this section may designate a vessel to be
used with the license. Except for emergency salmon delivery licenses, the
director may issue a license regardless of whether the applicant designates a
vessel. An applicant may designate no more than one vessel on a license
subject to this section.
(2)
A license for a fishery that requires a vessel authorizes no taking or delivery
of food fish or shellfish unless a vessel is designated on the license. A
delivery license authorizes no delivery of food fish or shellfish unless a
vessel is designated on the license.
(3)
No vessel may be designated on more than one commercial fishery license unless
the licenses are for different fisheries, except the same vessel may be
designated on two of the following licenses, provided the licenses are owned by
the same licensee:
(a)
Puget Sound Dungeness crab fishery license;
(b)
Shrimp pot-Puget Sound fishery license;
(c)
Sea cucumber dive fishery license; and
(d)
Sea urchin dive fishery license.
(4)
No vessel may be designated on more than one delivery license, on more than one
salmon charter license, or on more than one nonsalmon charter license.
Sec.
4. RCW
77.65.110 and 2000 c 107 s 32 are each amended to read as follows:
This
section applies to all commercial fishery licenses, charter boat license,
and delivery 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 77.70.280(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)).
(1)
A person designated as an alternate operator must possess an alternate operator
license issued under RCW 77.65.130, and be designated on the license prior
to engaging in the activities authorized by the license. The holder of the
commercial fishery license, charter boat license, or delivery license may
designate up to two alternate operators for the license, except:
(a)
Whiting--Puget Sound fishery licensees may not designate alternate operators;
(b)
Emergency salmon delivery licensees may not designate alternate operators;
(c)
Shrimp pot-Puget Sound fishery licensees may designate no more than one
alternate operator at a time; and
(d)
Shrimp trawl-Puget Sound fishery licensees may designate no more than one
alternate operator at a time.
(2) The fee to change the alternate operator designation is
twenty-two dollars.
