HOUSE BILL REPORT

REHB 1648

BYRepresentatives R. King, Basich, S. Wilson, Cole, Haugen and Spanel

Regulating commercial crab fishing in coastal waters.

House Committe on Fisheries & Wildlife

Majority Report:  Do pass with amendment.  (9)

      Signed by Representatives R. King, Chair; Morris, Vice Chair; S. Wilson, Ranking Republican Member; Basich, Bowman, Brooks, Cole, Smith and Vekich.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Haugen and Spanel.

House Staff:Pamela Madson (786-7310)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended by Committee on Fisheries & Wildlife.  (22)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Appelwick, Belcher, Bowman, Brekke, Dorn, Ebersole, Ferguson, Hine, Holland, May, Nealey, Padden, Peery, Rust, Sayan, Valle, Wang and Wineberry.

Minority Report:  Do not pass.  (4)

      Signed by Representatives Braddock, Bristow, Brough and Spanel.

House Staff:      Randy Acker (786-7136)

AS PASSED HOUSE MAY 3, 1989

BACKGROUND:

Crab fishing in Washington occurs primarily in Puget Sound, the Washington coast including Grays Harbor and Willapa Harbor, and the coast beyond the three mile limit.

Crab fishing in Washington inside the three mile limit requires a crab pot license.  If fishing takes place beyond the three mile limit, a delivery permit is required to take fish to a port within the state.  The cost of a crab pot license is $35 for residents and $60 for non-residents, and a delivery permit is $10 for residents and $20 for non-residents.

Puget Sound crab fishing requires an additional endorsement at no additional cost.  Since 1981, entry into the Puget Sound crab fishery was limited and the endorsements were non-transferable until 1986. A maximum of 200 vessels has been set for this fishery.

No special endorsement is required for crab fishing on the Washington coast or in offshore waters.  The Washington Department of Fisheries has jurisdiction over the fishery that takes place within the three mile limit.  Beyond the three mile limit, Washington has jurisdiction only over Washington fishers through the use of landing laws.  In 1986, nearly 3.9 million pounds of crab were landed in Washington from the coastal and offshore crab fishery.  In 1988, the coastal and offshore crab landings were approximately 16.25 million pounds.  In high abundance years, more of the catch comes from beyond the three mile limit.

SUMMARY:

The Department of Fisheries, in cooperation with the Washington crab fishing industry, will conduct a study of the management of the coastal crab fishery, the extent of the coastal crab resource, the need for a moratorium on license issuance, and reciprocity with the states of Oregon and California. A study report shall be made to the governor and appropriate committees of the Legislature by January 1, 1991.

The director of the Department of Fisheries may establish a moratorium on issuance of new licenses pursuant to rules adopted by the department prior to the completion of the study.

Any license moratorium shall be implemented through issuance of an endorsement on vessels that caught 3,000 pounds of coastal dungeness crab in either the 1984-85, 1985-86, or 1986-87 seasons, or a total of 6,000 pounds during the three seasons.  The vessel must also have held a commercial crab pot license or a vessel delivery permit or a delivery permit during the 1987-88 season.

The director may waive landing requirements for a moratorium upon recommendation of an advisory review board set up through the department.

Appropriation:    $25,000 to Department of Fisheries.

Fiscal Note:      Requested February 7, 1989.

House Committee ‑ Testified For:    (Fisheries & Wildlife)  Ernie Summers, Dungeness Crab Association; Ray Nelson, citizen; Ed Manary, Washington Department of Fisheries; Steve Barry, Washington Department of Fisheries.

(Appropriations)  Ed Owens, Washington State Dungeness Crab Association.

House Committee - Testified Against:      Fisheries & Wildlife)  None Presented.

(Appropriations)  None Presented.

House Committee - Testimony For:    (Fisheries & Wildlife)  The Puget Sound crab fishery is a limited entry fishery.  The coastal crab fishery is open to anyone who purchases a crab pot license or a delivery permit.  As one of the few fisheries not under a moratorium, the coastal crab fishery is experiencing increased pressure, primarily from Oregon and California fishers.  Any moratorium imposed by Washington needs to be coordinated with Oregon and California.  Washington has no authority to unilaterally limit out-of-state fishers harvesting beyond the three mile limit. Under the Pacific Fisheries Management Council, the authority to manage the offshore fishery was delegated back to the states and Washington, Oregon, and California have agreed to manage this area cooperatively.  Without this cooperation, Washington could loose the landing tax on fish caught in offshore waters because out-of-state fishers would continue to fish off the coast and take their catch to the state that has no moratorium.

Because of the transferability of limited entry Puget Sound crab endorsements, crab fishers in Puget Sound now have licenses worth several thousand dollars.  Puget Sound crab fishers should not be allowed to participate in a limited entry fishery on the coast unless they actively participate in the coastal fishery.

(Appropriations)  The Dungeness Crab Association supports the bill.

House Committee - Testimony Against:      (Fisheries & Wildlife)  None Presented.

(Appropriations)  None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 85; Absent 1; Excused 12 - May 3

Absent:     Representative Todd

Excused:    Representatives Beck, Cole, Cooper, Dorn, Gallagher, Hankins, P. King, Nutley, Sayan, Schoon, Walk and Youngsman