SENATE BILL REPORT

SB 5426

As Reported By Senate Committee On:

Parks, Fish & Wildlife, February 25, 2003

Title: An act relating to the selling of commercially harvested fish.

Brief Description: Concerning the direct retail sale of sturgeon and tuna.

Sponsors: Senators Oke and Doumit.

Brief History:

Committee Activity: Parks, Fish & Wildlife: 2/11/03, 2/25/03 [DPS].

SENATE COMMITTEE ON PARKS, FISH & WILDLIFE

Majority Report: That Substitute Senate Bill No. 5426 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Oke, Chair; Sheahan, Vice Chair; Doumit, Esser, Jacobsen, Morton and Swecker.

Staff: Vic Moon (786-7469)

Background: In 2002, the Legislature passed a bill that allowed commercial salmon and crab fishers to sell their own catch directly to the public without purchasing a wholesale dealer's license. That direct sale license cost $50, whereas a wholesale dealer's license cost $250. There are health certification requirements for fishers applying for the retail license endorsement, including a letter from their county health department certifying them as meeting health standards.

Commercial fishers are still required to complete a fish receiving ticket for all salmon or crab harvested before the product is offered for sale.

Some concerns developed in the fall of 2002 regarding rules and regulations being considered by the Washington Fish and Wildlife Commission.

Summary of Substitute Bill: The direct resale endorsement is expanded to include sturgeon. Any qualifying commercial fishing individual may add the direct resale endorsement to his or her current commercial fishing license any time, rather than only at the time he or she renews that license.

The holder of a direct retail endorsement must notify the department at least 18 hours prior to conducting an in-person sale of salmon, sturgeon or crab. The notification must provide the intended location of sale and the approximate sale hours. A holder of a direct resale endorsement may sell to restaurants or other non-retail food service businesses. The fish tax is calculated from comparable sales at the port of landing.

Substitute Bill Compared to Original Bill: The substitute addresses fish tax collection issues and sale authority more directly. Tuna is not allowed to be sold under this method.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Testimony For: The bill clarifies what the Legislature intended and with some minor changes will make the program work better for both the fishers and for the public.

Testimony Against: None.

Testified: Phil Anderson, Dept. of Fish and Wildlife (pro); Doug Fricke, WA Trollers (pro); Irene and Kent Martin, commercial fishers (pro).