BILL REQ. #:  H-2347.1 

READ FIRST TIME 3/10/03.   

     AN ACT Relating to commercial fisheries; amending RCW 77.70.280; adding new sections to chapter 77.70 RCW; repealing RCW 77.70.380; and providing a contingent expiration date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.70 RCW to read as follows:
     The commercial fisheries buyback account is created in the custody of the state treasurer. All receipts from money collected by the commission under section 2 of this act, moneys appropriated for the purposes of this section, and other gifts, grants, or donations specifically made to the fund must be deposited into the account. Expenditures from the account may be used only for the purpose of repaying moneys advanced by the federal government under a groundfish fleet reduction program established by the federal government, or for other fleet reduction efforts, commercial fishing license buyback programs, or similar programs designed to reduce the harvest capacity in a commercial fishery. Only the director of the department 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. 2   A new section is added to chapter 77.70 RCW to read as follows:
     (1) The commission shall collect a fee upon all deliveries of fish or shellfish from persons holding: (a) A federal pacific groundfish limited entry permit with a trawl endorsement; (b) an ocean pink shrimp delivery license issued under RCW 77.65.390; (c) a Dungeness crab--coastal fishery license issued under RCW 77.70.280; (d) a food fish delivery license issued under RCW 77.65.200; or (e) a shrimp trawl license under RCW 77.65.220, to repay the federal government for moneys advanced by the federal government under a groundfish fleet reduction program established by the federal government.
     (2) The commission shall adopt a fee schedule by rule for the collection of the fee required by subsection (1) of this section. The fee schedule adopted shall limit the total amount of moneys collected through the fee to the minimum amount necessary to repay the moneys advanced by the federal government, but be sufficient to repay the debt obligation of each fishery. The fee charged to the holders of a Dungeness crab--coastal fishery license may not exceed two percent of the total ex-vessel value of annual landings, and the fee charged to all other eligible license holders may not exceed five percent of the total ex-vessel value of annual landings. The commission may adjust the fee schedule as necessary to ensure that the funds collected are adequate to repay the debt obligation of each fishery.
     (3) The commission shall deposit moneys collected under this section in the commercial fisheries buyback account created in section 1 of this act.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.70 RCW to read as follows:
     The commission may not assess the fee specified under section 2 of this act until after the federal government creates a groundfish fleet reduction program.

NEW SECTION.  Sec. 4   A new section is added to chapter 77.70 RCW to read as follows:
     Sections 2 and 3 of this act expire January 1, 2033, or when the groundfish fleet reduction program referenced in section 2 of this act is completed, whichever is sooner.

Sec. 5   RCW 77.70.280 and 2000 c 107 s 76 are each amended to read as follows:
     (1) A person shall not commercially fish for coastal crab in Washington state waters without a Dungeness crab -- coastal or a Dungeness crab -- coastal class B fishery license. Gear used must consist of one buoy attached to each crab pot. Each crab pot must be fished individually.
     (2) A Dungeness crab -- coastal fishery license is transferable. Except as provided in subsections (3) and (8) of this section, such a license shall only be issued to a person who proved active historical participation in the coastal crab fishery by having designated, after December 31, 1993, a vessel or a replacement vessel on the qualifying license that singly or in combination meets the following criteria:
     (a) Made a minimum of eight coastal crab landings totaling a minimum of five thousand pounds per season in at least two of the four qualifying seasons identified in subsection (5) of this section, as documented by valid Washington state shellfish receiving tickets; and showed historical and continuous participation in the coastal crab fishery by having held one of the following licenses or their equivalents each calendar year beginning 1990 through 1993, and was designated on the qualifying license of the person who held one of the following licenses in 1994:
     (i) Crab pot -- Non-Puget Sound license, issued under RCW 77.65.220(1)(b);
     (ii) Nonsalmon delivery license, issued under RCW 77.65.210;
     (iii) Salmon troll license, issued under RCW 77.65.160;
     (iv) Salmon delivery license, issued under RCW 77.65.170;
     (v) Food fish trawl license, issued under RCW 77.65.200; or
     (vi) Shrimp trawl license, issued under RCW 77.65.220; or
     (b) Made a minimum of four Washington landings of coastal crab totaling two thousand pounds during the period from December 1, 1991, to March 20, 1992, and made a minimum of eight crab landings totaling a minimum of five thousand pounds of coastal crab during each of the following periods: December 1, 1991, to September 15, 1992; December 1, 1992, to September 15, 1993; and December 1, 1993, to September 15, 1994. For landings made after December 31, 1993, the vessel shall have been designated on the qualifying license of the person making the landings; or
     (c) Made any number of coastal crab landings totaling a minimum of twenty thousand pounds per season in at least two of the four qualifying seasons identified in subsection (5) of this section, as documented by valid Washington state shellfish receiving tickets, showed historical and continuous participation in the coastal crab fishery by having held one of the qualifying licenses each calendar year beginning 1990 through 1993, and the vessel was designated on the qualifying license of the person who held that license in 1994.
     (3) A Dungeness crab-coastal fishery license shall be issued to a person who had a new vessel under construction between December 1, 1988, and September 15, 1992, if the vessel made coastal crab landings totaling a minimum of five thousand pounds by September 15, 1993, and the new vessel was designated on the qualifying license of the person who held that license in 1994. All landings shall be documented by valid Washington state shellfish receiving tickets. License applications under this subsection may be subject to review by the advisory review board in accordance with RCW 77.70.030. For purposes of this subsection, "under construction" means either:
     (a)(i) A contract for any part of the work was signed before September 15, 1992; and
     (ii) The contract for the vessel under construction was not transferred or otherwise alienated from the contract holder between the date of the contract and the issuance of the Dungeness crab-coastal fishery license; and
     (iii) Construction had not been completed before December 1, 1988; or
     (b)(i) The keel was laid before September 15, 1992; and
     (ii) Vessel ownership was not transferred or otherwise alienated from the owner between the time the keel was laid and the issuance of the Dungeness crab-coastal fishery license; and
     (iii) Construction had not been completed before December 1, 1988.
     (4) A Dungeness crab -- coastal class B fishery license is not transferable. Such a license shall be issued to persons who do not meet the qualification criteria for a Dungeness crab -- coastal fishery license, if the person has designated on a qualifying license after December 31, 1993, a vessel or replacement vessel that, singly or in combination, made a minimum of four landings totaling a minimum of two thousand pounds of coastal crab, documented by valid Washington state shellfish receiving tickets, during at least one of the four qualifying seasons, and if the person has participated continuously in the coastal crab fishery by having held or by having owned a vessel that held one or more of the licenses listed in subsection (2) of this section in each calendar year subsequent to the qualifying season in which qualifying landings were made through 1994. Dungeness crab -- coastal class B fishery licenses cease to exist after December 31, 1999, and the continuing license provisions of RCW 34.05.422(3) are not applicable.
     (5) The four qualifying seasons for purposes of this section are:
     (a) December 1, 1988, through September 15, 1989;
     (b) December 1, 1989, through September 15, 1990;
     (c) December 1, 1990, through September 15, 1991; and
     (d) December 1, 1991, through September 15, 1992.
     (6) For purposes of this section and RCW 77.70.340, "coastal crab" means Dungeness crab (cancer magister) taken in all Washington territorial and offshore waters south of the United States-Canada boundary and west of the Bonilla-Tatoosh line (a line from the western end of Cape Flattery to Tatoosh Island lighthouse, then to the buoy adjacent to Duntz Rock, then in a straight line to Bonilla Point of Vancouver island), Grays Harbor, Willapa Bay, and the Columbia river.
     (7) For purposes of this section, "replacement vessel" means a vessel used in the coastal crab fishery in 1994, and that replaces a vessel used in the coastal crab fishery during any period from 1988 through 1993, and which vessel's licensing and catch history, together with the licensing and catch history of the vessel it replaces, qualifies a single applicant for a Dungeness crab -- coastal or Dungeness crab -- coastal class B fishery license. A Dungeness crab -- coastal or Dungeness crab -- coastal class B fishery license may only be issued to a person who designated a vessel in the 1994 coastal crab fishery and who designated the same vessel in 1995.
     (8) A Dungeness crab--coastal fishery license may not be issued to a person who participates in the federal fleet reduction program created in section 2 of this act within ten years of that person's participation in the federal program, if reciprocal restrictions are imposed by the states of Oregon and California on persons participating in the federal fleet reduction program.

NEW SECTION.  Sec. 6   RCW 77.70.380 (Dungeness crab-coastal fishery licenses -- Criteria for issuing new licenses) and 2000 c 107 s 82 & 1994 c 260 s 17 are each repealed.