CCLME.ORG - Food fish and shellfish -- Commercial licenses.

State
Washington
Chapter 77.65 RCW Food fish and shellfish Ч commercial licenses

Chapter 77.65 RCW
Food fish and shellfish Ч commercial licenses

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77.65.010
Commercial licenses and permits required Ч Exemption.
(1) Except as otherwise provided by this title, a person may not engage in any of the following activities without a license or permit issued by the director:

(a) Commercially fish for or take food fish or shellfish;

(b) Deliver from a commercial fishing vessel food fish or shellfish taken for commercial purposes in offshore waters. As used in this subsection, "deliver" means arrival at a place or port, and includes arrivals from offshore waters to waters within the state and arrivals from state or offshore waters;

(c) Operate a charter boat or commercial fishing vessel engaged in a fishery;

(d) Engage in processing or wholesaling food fish or shellfish; or

(e) Act as a guide for salmon for personal use in freshwater rivers and streams, other than that part of the Columbia river below the bridge at Longview.

(2) No person may engage in the activities described in subsection (1) of this section unless the licenses or permits required by this title are in the person's possession, and the person is the named license holder or an alternate operator designated on the license and the person's license is not suspended.

(3) A valid Oregon license that is equivalent to a license under this title is valid in the concurrent waters of the Columbia river if the state of Oregon recognizes as valid the equivalent Washington license. The director may identify by rule what Oregon licenses are equivalent.

(4) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

[2005 c 20 з 1; 1998 c 190 з 93; 1997 c 58 з 883; 1993 c 340 з 2; 1991 c 362 з 1; 1985 c 457 з 18; 1983 1st ex.s. c 46 з 101; 1959 c 309 з 2; 1955 c 12 з 75.28.010. Prior: 1949 c 112 з 73; Rem. Supp. 1949 з 5780-511. Formerly RCW 75.28.010.]

Notes: Short title -- Part headings, captions, table of contents not law -- Exemptions and waivers from federal law -- Conflict with federal requirements -- Severability -- 1997 c 58: See RCW 74.08A.900 through 74.08A.904.

Effective dates -- Intent--1997 c 58: See notes following RCW 74.20A.320.

Finding -- Intent -- 1993 c 340: "The legislature finds that the laws governing commercial fishing licensing in this state are highly complex and increasingly difficult to administer and enforce. The current laws governing commercial fishing licenses have evolved slowly, one section at a time, over decades of contention and changing technology, without general consideration for how the totality fits together. The result has been confusion and litigation among commercial fishers. Much of the confusion has arisen because the license holder in most cases is a vessel, not a person. The legislature intends by this act to standardize licensing criteria, clarify licensing requirements, reduce complexity, and remove inequities in commercial fishing licensing. The legislature intends that the license fees stated in this act shall be equivalent to those in effect on January 1, 1993, as adjusted under section 19, chapter 316, Laws of 1989." [1993 c 340 з 1.]

Captions not law -- 1993 c 340: "Section headings as used in this act do not constitute any part of the law." [1993 c 340 з 57.]

Effective date -- 1993 c 340: "This act shall take effect January 1, 1994." [1993 c 340 з 58.]

Severability -- 1993 c 340: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1993 c 340 з 59.]

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77.65.020
Transfer of licenses Ч Restrictions Ч Fees Ч Inheritability.
(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 77.70 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 77.70 RCW;

(iii) Fifty dollars if the license is a commercial salmon license and is limited under chapter 77.70 RCW;

(iv) Five hundred dollars if the license is a Dungeness crab-coastal 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.

[2000 c 107 з 28; 1997 c 418 з 1; 1995 c 228 з 1; 1993 sp.s. c 17 з 34. Formerly RCW 75.28.011.]

Notes: Contingent effective date -- 1993 sp.s. c 17 зз 34-47: "Sections 34 through 47 of this act shall take effect only if Senate Bill No. 5124 becomes law by August 1, 1993." [1993 sp.s. c 17 з 48.] Senate Bill No. 5124 [1993 c 340] did become law. Sections 34 through 47 of 1993 sp.s. c 17 did become law.

Finding -- Contingent effective date -- Severability -- 1993 sp.s. c 17: See notes following RCW 77.32.520.

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77.65.030
Commercial licenses and permits Ч Application deadline Ч Exception.
The application deadline for a commercial license or permit established in this chapter is December 31st of the calendar year for which the license or permit is sought. The department shall accept no license or permit applications after December 31st of the calendar year for which the license or permit is sought. The application deadline in this section does not apply to a license or permit that has not been renewed because of the death or incapacity of the license or permit holder. The license or permit holder's surviving spouse, estate, estate beneficiary, attorney in fact, or guardian must be given an additional one hundred eighty days to renew the license or permit.

[2003 c 386 з 5; 2001 c 244 з 2; 1993 c 340 з 3; 1986 c 198 з 8; 1983 1st ex.s. c 46 з 103; 1981 c 201 з 1; 1965 ex.s. c 57 з 1; 1959 c 309 з 4; 1957 c 171 з 3. Formerly RCW 75.28.014.]

Notes: Effective date -- 2003 c 386 з 5: "Section 5 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 20, 2003]." [2003 c 386 з 6.]

Findings -- Intent -- 2003 c 386: See note following RCW 77.15.700.

Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010.

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77.65.040
Commercial licenses Ч Qualifications Ч Limited-entry license Ч Nonsalmon delivery license.
(1) Except as otherwise provided in this title, a person may hold a commercial license established by this chapter.

(2) Except as otherwise provided in this title, an individual may hold a commercial license only if the individual is sixteen years of age or older and a bona fide resident of the United States.

(3) A corporation may hold a commercial license only if it is authorized to do business in this state.

(4) No person may hold a limited-entry license unless the person meets the qualifications that this title establishes for the license.

(5) The residency requirements in subsection (2) of this section do not apply to holders of nonsalmon delivery licenses.

[2000 c 107 з 29; 1994 c 244 з 1; 1993 c 340 з 4; 1989 c 47 з 1; 1983 1st ex.s. c 46 з 104; 1963 c 171 з 1; 1955 c 12 з 75.28.020. Prior: 1953 c 207 з 9; 1949 c 112 з 63; Rem. Supp. 1949 з 5780-501. Formerly RCW 75.28.020.]

Notes: Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010.

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77.65.050
Application for commercial licenses and permits Ч Replacement.
(1) Except as otherwise provided in this title, the director shall issue commercial licenses and permits to a qualified person upon receiving a completed application accompanied by the required fee.

(2) An application submitted to the department under this chapter shall contain the name and address of the applicant and any other information required by the department or this title. An applicant for a commercial fishery license or delivery license may designate a vessel to be used with the license. An applicant for a commercial fishery license or delivery license may also designate up to two alternate operators.

(3) An application submitted to the department under this chapter shall contain the applicant's declaration under penalty of perjury that the information on the application is true and correct.

(4) Upon issuing a commercial license under this chapter, the director shall assign the license a unique number that the license shall retain upon renewal. The department shall use the number to record any commercial catch under the license. This does not preclude the department from using other, additional, catch record methods.

(5) The fee to replace a license that has been lost or destroyed is twenty dollars.

[1998 c 267 з 1; 1993 sp.s. c 17 з 44; (1993 c 340 з 5 repealed by 1993 sp.s. c 17 з 47); 1983 1st ex.s. c 46 з 105; 1959 c 309 з 7; 1955 c 12 з 75.28.030. Prior: 1953 c 207 з 2; 1949 c 112 з 65; Rem. Supp. 1949 з 5780-503. Formerly RCW 75.28.030.]

Notes: Effective date -- 1998 c 267: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 1998]." [1998 c 267 з 5.]

Contingent effective date -- 1993 sp.s. c 17 зз 34-47: See note following RCW 77.65.020.

Finding -- Contingent effective date -- Severability -- 1993 sp.s. c 17: See notes following RCW 77.32.520.

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77.65.060
No commercial fishery during year Ч License requirement waived or license fees refunded.
If, for any reason, the department does not allow any opportunity for a commercial fishery during a calendar year, the director shall either: (1) Waive the requirement to obtain a license for that commercial fishery for that year; or (2) refund applicable license fees upon return of the license.

[2000 c 107 з 30; 1995 c 227 з 1. Formerly RCW 75.28.034.]

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77.65.070
Licensees subject to statute and rules Ч Licenses not subject to security interest or lien Ч Expiration and renewal of licenses.
(1) A commercial license issued under this chapter permits the license holder to engage in the activity for which the license is issued in accordance with this title and the rules of the department.

(2) No security interest or lien of any kind, including tax liens, may be created or enforced in a license issued under this chapter.

(3) Unless otherwise provided in this title or rules of the department, commercial licenses and permits issued under this chapter expire at midnight on December 31st of the calendar year for which they are issued. In accordance with this title, licenses may be renewed annually upon application and payment of the prescribed license fees. In accordance with RCW 77.65.030, the department must provide a license or permit holder's surviving spouse, estate, or estate beneficiary a reasonable opportunity to renew the license or permit.

[2001 c 244 з 3; 1996 c 267 з 27; 1993 c 340 з 6; 1983 1st ex.s. c 46 з 108; 1955 c 212 з 2; 1955 c 12 з 75.28.040. Prior: 1949 c 112 з 64; Rem. Supp. 1949 з 5780-502. Formerly RCW 75.28.040.]

Notes: Intent -- Effective date -- 1996 c 267: See notes following RCW 77.12.177.

Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010.

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77.65.080
License suspension Ч Noncompliance with support order Ч Reissuance.
(1) The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order.

(2) A listing on the department of licensing's data base that an individual's license is currently suspended pursuant to RCW 46.20.291(8) shall be prima facie evidence that the individual is in noncompliance with a support order. Presentation of a written release issued by the department of social and health services or a court stating that the person is in compliance with an order shall serve as proof of compliance.

[2000 c 107 з 31; 1997 c 58 з 882. Formerly RCW 75.28.042.]

Notes: Short title -- Part headings, captions, table of contents not law -- Exemptions and waivers from federal law -- Conflict with federal requirements -- Severability -- 1997 c 58: See RCW 74.08A.900 through 74.08A.904.

Effective dates -- Intent -- 1997 c 58: See notes following RCW 74.20A.320.

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77.65.090
Vessel substitution.
This section applies to all commercial fishery licenses, delivery licenses, and charter licenses, except for emergency salmon delivery licenses.

(1) The holder of a license subject to this section may substitute the vessel designated on the license or designate a vessel if none has previously been designated if the license holder:

(a) Surrenders the previously issued license to the department;

(b) Submits to the department an application that identifies the currently designated vessel, the vessel proposed to be designated, and any other information required by the department; and

(c) Pays to the department a fee of thirty-five dollars.

(2) Unless the license holder owns all vessels identified on the application described in subsection (1)(b) of this section or unless the vessel is designated on a Dungeness crab-coastal or a Dungeness crab-coastal class B fishery license, the following restrictions apply to changes in vessel designation:

(a) The department shall change the vessel designation on the license no more than four times per calendar year.

(b) The department shall change the vessel designation on the license no more than once in any seven-day period.

[1994 c 260 з 11; 1993 sp.s. c 17 з 45. Formerly RCW 75.28.044.]

Notes: Finding -- Severability -- 1994 c 260: See notes following RCW 77.70.280.

Effective date -- 1994 c 260 зз 1-5, 9-19, and 21-24: See note following RCW 77.70.280.

Contingent effective date -- 1993 sp.s. c 17 зз 34-47: See note following RCW 77.65.020.

Finding -- Contingent effective date -- Severability -- 1993 sp.s. c 17: See notes following RCW 77.32.520.

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77.65.100
Vessel designation.
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:

(a) The same vessel may be designated on two of the following licenses, provided the licenses are owned by the same licensee:

(i) Shrimp pot-Puget Sound fishery license;

(ii) Sea cucumber dive fishery license; and

(iii) Sea urchin dive fishery license.

(b) The same vessel may be designated on two Puget Sound Dungeness crab fishery licenses, subject to the provision of RCW 77.65.130.

(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.

[2005 c 82 з 1; 2001 c 105 з 3; 1998 c 190 з 94; 1993 c 340 з 7. Formerly RCW 75.28.045.]

Notes: Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010.

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77.65.110
Alternate operator designation Ч Fee.
This section applies to all commercial fishery licenses, charter boat license[s], and delivery licenses.

(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.

[2001 c 105 з 4; 2000 c 107 з 32; 1998 c 267 з 2; 1994 c 260 з 12; 1993 c 340 з 9. Formerly RCW 75.28.046.]

Notes: Effective date -- 1998 c 267: See note following RCW 77.65.050.

Finding -- Severability -- 1994 c 260: See notes following RCW 77.70.280.

Effective date -- 1994 c 260 зз 1-5, 9-19, and 21-24: See note following RCW 77.70.280.

Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010.

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77.65.120
Sale or delivery of food fish or shellfish Ч Conditions Ч Charter boat operation.
(1) Only the license holder and any alternate operators designated on the license may sell or deliver food fish or shellfish under a commercial fishery license or delivery license. A commercial fishery license or delivery license authorizes no taking or delivery of food fish or shellfish unless the license holder or an alternate operator designated on the license is present or aboard the vessel.

(2) Notwithstanding RCW 77.65.010(1)(c), an alternate operator license is not required for an individual to operate a vessel as a charter boat.

[2000 c 107 з 33; 1998 c 267 з 3; 1993 c 340 з 10. Formerly RCW 75.28.047.]

Notes: Effective date -- 1998 c 267: See note following RCW 77.65.050.

Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010.

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77.65.130
Vessel operation Ч License designation Ч Alternate operator license required.
(1) A person who holds a commercial fishery license or a delivery license may operate the vessel designated on the license. A person who is not the license holder may operate the vessel designated on the license only if:

(a) The person holds an alternate operator license issued by the director; and

(b) The person is designated as an alternate operator on the underlying commercial fishery license or delivery license under RCW 77.65.110.

(2) Only an individual at least sixteen years of age may hold an alternate operator license.

(3) No individual may hold more than one alternate operator license. An individual who holds an alternate operator license may be designated as an alternate operator on an unlimited number of commercial fishery licenses or delivery licenses under RCW 77.65.110.

(4) An individual who holds two Dungeness crab -- Puget Sound fishery licenses may operate the licenses on one vessel if the license holder or alternate operator is on the vessel. The department shall allow a license holder to operate up to one hundred crab pots for each license.

(5) Two persons owning separate Dungeness crab -- Puget Sound fishery licenses may operate both licenses on one vessel if the license holders or their alternate operators are on the vessel.

(6) As used in this section, to "operate" means to control the deployment or removal of fishing gear from state waters while aboard a vessel or to operate a vessel delivering food fish or shellfish taken in offshore waters to a port within the state.

[2005 c 82 з 2; 2000 c 107 з 34; 1998 c 267 з 4; 1997 c 233 з 2; 1993 c 340 з 25. Formerly RCW 75.28.048.]

Notes: Effective date -- 1998 c 267: See note following RCW 77.65.050.

Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010.

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77.65.140
Alternate operators Ч Increase for certain licenses.
The director may, by rule, increase the number of alternate operators beyond the level authorized by RCW 77.65.050 and 77.65.110 for a commercial fishery license, delivery license, or charter license.

[2000 c 107 з 35; 1997 c 421 з 1. Formerly RCW 75.28.055.]

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77.65.150
Charter licenses and angler permits Ч Fees Ч "Charter boat" defined Ч Oregon charter boats Ч License renewal.
(1) The director shall issue the charter licenses and angler permits listed in this section according to the requirements of this title. The licenses and permits and their annual fees and surcharges are:

License or Permit Annual Fee Governing
(RCW 77.95.090 Surcharge) Section

Resident Nonresident

(a) Nonsalmon charter $225 $375
(b) Salmon charter $380 $685 RCW 77.70.050
(plus $100) (plus $100)
(c) Salmon angler $ 0 $ 0 RCW 77.70.060
(d) Salmon roe $ 95 $ 95 RCW 77.65.350

(2) A salmon charter license designating a vessel is required to operate a charter boat to take salmon, other food fish, and shellfish. The director may issue a salmon charter license only to a person who meets the qualifications of RCW 77.70.050.

(3) A nonsalmon charter license designating a vessel is required to operate a charter boat to take food fish other than salmon and shellfish. As used in this subsection, "food fish" does not include salmon.

(4) "Charter boat" means a vessel from which persons may, for a fee, fish for food fish or shellfish for personal use, and that brings food fish or shellfish into state ports or brings food fish or shellfish taken from state waters into United States ports. The director may specify by rule when a vessel is a "charter boat" within this definition. "Charter boat" does not mean a vessel used by a guide for clients fishing for food fish for personal use in freshwater rivers, streams, and lakes, other than Lake Washington or that part of the Columbia River below the bridge at Longview.

(5) A charter boat licensed in Oregon may fish without a Washington charter license under the same rules as Washington charter boat operators in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point, as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers. The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations.

(6) A salmon charter license under subsection (1)(b) of this section may be renewed if the license holder notifies the department by May 1st of that year that he or she will not participate in the fishery during that calendar year. The license holder must pay the one hundred-dollar enhancement surcharge, plus a fifteen-dollar handling charge, in order to be considered a valid renewal and eligible to renew the license the following year.

[2000 c 107 з 36; 1998 c 190 з 95; 1997 c 76 з 2; 1995 c 104 з 1; 1993 sp.s. c 17 з 41. Prior: (1993 c 340 з 21 repealed by 1993 sp.s. c 17 з 47); 1989 c 316 з 2; 1989 c 147 з 1; 1989 c 47 з 2; 1988 c 9 з 1; 1983 1st ex.s. c 46 з 112; 1979 c 60 з 1; 1977 ex.s. c 327 з 5; 1971 ex.s. c 283 з 15; 1969 c 90 з 1. Formerly RCW 75.28.095.]

Notes: Effective date -- 1997 c 76: See note following RCW 77.65.160.

Contingent effective date -- 1993 sp.s. c 17 зз 34-47: See note following RCW 77.65.020.

Finding -- Contingent effective date -- Severability -- 1993 sp.s. c 17: See notes following RCW 77.32.520.

Severability -- 1979 c 60: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 c 60 з 4.]

Legislative intent -- Funding of salmon enhancement facilities -- Use of license fees -- 1977 ex.s. c 327: "The long range economic development goals for the state of Washington shall include the restoration of salmon runs to provide an increased supply of this valuable renewable resource for the benefit of commercial and recreational users and the economic well-being of the state. For the purpose of providing funds for the planning, acquisition, construction, improvement, and operation of salmon enhancement facilities within the state it is the intent of the legislature that the revenues received from fees from the issuance of vessel delivery permits, charter boat licenses, trolling gear licenses, gill net gear licenses, purse seine gear licenses, reef net gear licenses, anadromous salmon angling licenses and all moneys received from all privilege fees and fish sales taxes collected on fresh or frozen salmon or parts thereof be utilized to fund such costs.

The salmon enhancement program funded by commercial and recreational fishing fees and taxes shall be for the express benefit of all persons whose fishing activities fall under the management authority of the Washington department of fisheries and who actively participate in the funding of the enhancement costs through the fees and taxes set forth in chapters 75.28 and 82.27 RCW or through other adequate funding methods." [1980 c 98 з 8; 1977 ex.s. c 327 з 1. Formerly RCW 75.18.100.]

Declaration of state policy -- 1977 ex.s. c 327: "The legislature, recognizing that anadromous salmon within the waters of the state and offshore waters are fished for both recreational and commercial purposes and that the recreational anadromous salmon fishery is a major recreational and economic asset to the state and improves the quality of life for all residents of the state, declares that it is the policy of the state to enhance and improve recreational anadromous salmon fishing in the state." [1977 ex.s. c 327 з 10. Formerly RCW 75.28.600.]

Severability -- 1977 ex.s. c 327: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 327 з 34.]

Effective date -- 1977 ex.s. c 327: "This 1977 amendatory act shall take effect on January 1, 1978." [1977 ex.s. c 327 з 35.]

Effective dates -- 1971 ex.s. c 283: See note following RCW 77.65.170.

Limitation on issuance of salmon charter boat licenses: RCW 77.70.050.

Salmon charter boats -- Angler permit, when required: RCW 77.70.060.

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77.65.160
Commercial salmon fishery licenses Ч Gear and geographic designations Ч Fees.
(1) The following commercial salmon fishery licenses are required for the license holder to use the specified gear to fish for salmon in state waters. Only a person who meets the qualifications of RCW 77.70.090 may hold a license listed in this subsection. The licenses and their annual fees and surcharges under RCW 77.95.090 are:

Fishery Resident Nonresident Surcharge
License Fee Fee

(a) Salmon Gill Net -- Grays Harbor-Columbia river $380 $685 plus $100
(b) Salmon Gill Net -- Puget Sound $380 $685 plus $100
(c) Salmon Gill Net -- Willapa Bay-Columbia river $380 $685 plus $100
(d) Salmon purse seine $530 $985 plus $100
(e) Salmon reef net $380 $685 plus $100
(f) Salmon troll $380 $685 plus $100

(2) A license issued under this section authorizes no taking or delivery of salmon or other food fish unless a vessel is designated under RCW 77.65.100.

(3) Holders of commercial salmon fishery licenses may retain incidentally caught food fish other than salmon, subject to rules of the department.

(4) A salmon troll license includes a salmon delivery license.

(5) A salmon gill net license authorizes the taking of salmon only in the geographical area for which the license is issued. The geographical designations in subsection (1) of this section have the following meanings:

(a) "Puget Sound" includes waters of the Strait of Juan de Fuca, Georgia Strait, Puget Sound and all bays, inlets, canals, coves, sounds, and estuaries lying easterly and southerly of the international boundary line and a line at the entrance to the Strait of Juan de Fuca projected northerly from Cape Flattery to the lighthouse on Tatoosh Island and then to Bonilla Point on Vancouver Island.

(b) "Grays Harbor-Columbia river" includes waters of Grays Harbor and tributary estuaries lying easterly of a line projected northerly from Point Chehalis Light to Point Brown and those waters of the Columbia river and tributary sloughs and estuaries easterly of a line at the entrance to the Columbia river projected southerly from the most westerly point of the North jetty to the most westerly point of the South jetty.

(c) "Willapa Bay-Columbia river" includes waters of Willapa Bay and tributary estuaries and easterly of a line projected northerly from Leadbetter Point to the Cape Shoalwater tower and those waters of the Columbia river and tributary sloughs described in (b) of this subsection.

(6) A commercial salmon troll fishery license may be renewed under this section if the license holder notifies the department by May 1st of that year that he or she will not participate in the fishery during that calendar year. A commercial salmon gill net, reef net, or seine fishery license may be renewed under this section if the license holder notifies the department before the third Monday in September of that year that he or she will not participate in the fishery during that calendar year. The license holder must pay the one hundred-dollar enhancement surcharge, plus a fifteen-dollar handling charge before the third Monday in September, in order to be considered a valid renewal and eligible to renew the license the following year.

(7) Notwithstanding the annual license fees and surcharges established in subsection (1) of this section, a person who holds a resident commercial salmon fishery license shall pay an annual license fee of one hundred dollars plus the surcharge if all of the following conditions are met:

(a) The license holder is at least seventy-five years of age;

(b) The license holder owns a fishing vessel and has fished with a resident commercial salmon fishery license for at least thirty years; and

(c) The commercial salmon fishery license is for a geographical area other than the Puget Sound.

An alternate operator may not be designated for a license renewed at the one hundred dollar annual fee under this subsection (7).

[2001 c 244 з 1; 2000 c 107 з 37; 1997 c 76 з 1; 1996 c 267 з 28; 1993 sp.s. c 17 з 35; (1993 c 340 з 12 repealed by 1993 sp.s. c 17 з 47); 1989 c 316 з 3; 1985 c 107 з 1; 1983 1st ex.s. c 46 з 113; 1965 ex.s. c 73 з 2; 1959 c 309 з 10; 1955 c 12 з 75.28.110. Prior: 1951 c 271 з 9; 1949 c 112 з 69(1); Rem. Supp. 1949 з 5780-507(1). Formerly RCW 75.28.110.]

Notes: Effective date -- 1997 c 76: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 19, 1997]." [1997 c 76 з 3.]

Intent -- Effective date -- 1996 c 267: See notes following RCW 77.12.177.

Contingent effective date -- 1993 sp.s. c 17 зз 34-47: See note following RCW 77.65.020.

Finding -- Contingent effective date -- Severability -- 1993 sp.s. c 17: See notes following RCW 77.32.520.

Limitations on issuance of commercial salmon fishing licenses: RCW 77.70.090.

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77.65.170
Salmon delivery license Ч Fee Ч Restrictions Ч Revocation.
(1) A salmon delivery license is required for a commercial fishing vessel to deliver salmon taken for commercial purposes in offshore waters to a place or port in the state. As used in this section, "deliver" and "delivery" mean arrival at a place or port, and include arrivals from offshore waters to waters within the state and arrivals ashore from offshore waters. The annual fee for a salmon delivery license is three hundred eighty dollars for residents and six hundred eighty-five dollars for nonresidents. The annual surcharge under RCW 77.95.090 is one hundred dollars for each license. Holders of nonlimited entry delivery licenses issued under RCW 77.65.210 may apply the nonlimited entry delivery license fee against the salmon delivery license fee.

(2) Only a person who meets the qualifications established in RCW 77.70.090 may hold a salmon delivery license issued under this section.

(3) A salmon delivery license authorizes no taking of salmon or other food fish or shellfish from the waters of the state.

(4) If the director determines that the operation of a vessel under a salmon delivery license results in the depletion or destruction of the state's salmon resource or the delivery into this state of salmon products prohibited by law, the director may revoke the license under the procedures of chapter 34.05 RCW.

[2005 c 20 з 2; 2000 c 107 з 38; 1998 c 190 з 96; 1994 c 260 з 22; 1993 sp.s. c 17 з 36; (1993 c 340 з 13 repealed by 1993 sp.s. c 17 з 47); 1989 c 316 з 4; 1983 1st ex.s. c 46 з 115; 1977 ex.s. c 327 з 3; 1971 ex.s. c 283 з 1; 1955 c 12 з75.18.080 . Prior: 1953 c 147 з 9. Formerly RCW 75.28.113, 75.18.080.]

Notes: Finding -- Severability -- 1994 c 260: See notes following RCW 77.70.280.

Effective date -- 1994 c 260 зз 1-5, 9-19, and 21-24: See note following RCW 77.70.280.

Contingent effective date -- 1993 sp.s. c 17 зз 34-47: See note following RCW 77.65.020.

Finding -- Contingent effective date -- Severability -- 1993 sp.s. c 17: See notes following RCW 77.32.520.

Legislative intent -- Funding of salmon enhancement facilities -- Use of license fees -- Severability -- Effective date -- 1977 ex.s. c 327: See notes following RCW 77.65.150.

Effective dates -- 1971 ex.s. c 283: "The provisions of this 1971 amendatory act are necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately. The provisions of sections 1 to 10 inclusive of this 1971 amendatory act shall take effect on January 1, 1972." [1971 ex.s. c 283 з 16.]

Limitations on issuance of salmon delivery licenses: RCW 77.70.090.

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77.65.180
Oregon, California harvested salmon Ч Landing in Washington ports encouraged.
(1) The legislature finds that landing salmon into the ports of Washington state, regardless of where such salmon have been harvested, is economically beneficial to those ports as well as to the citizens of the state of Washington. It is therefore the intent of the legislature to encourage this practice.

(2) Notwithstanding the provisions of RCW 77.65.010(1)(b) and 77.65.170, a Washington citizen who holds a valid Oregon or California salmon troll license may land salmon taken during lawful seasons in Oregon and California into Washington ports without obtaining a salmon delivery license. This exception is valid only when the salmon were taken in offshore waters south of Cape Falcon.

(3) The department shall adopt rules necessary to implement this section, including rules identifying the appropriate methods for verifying that salmon were in fact taken south of Cape Falcon.

[2000 c 107 з 39; 1999 c 103 з 1. Formerly RCW 75.28.114.]

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77.65.190
Emergency salmon delivery license Ч Fee Ч Nontransferable, nonrenewable.
A person who does not qualify for a license under RCW 77.70.090 shall obtain a nontransferable emergency salmon delivery license to make one delivery from a commercial fishing vessel of salmon taken for commercial purposes in offshore waters. As used in this section, "delivery" means arrival at a place or port, and include arrivals from offshore waters to waters within the state and arrivals ashore from offshore waters. The director shall not issue an emergency salmon delivery license unless, as determined by the director, a bona fide emergency exists. The license fee is two hundred twenty-five dollars for residents and four hundred seventy-five dollars for nonresidents. An applicant for an emergency salmon delivery license shall designate no more than one vessel that will be used with the license. Alternate operator licenses are not required of persons delivering salmon under an emergency salmon delivery license. Emergency salmon delivery licenses are not renewable.

[2005 c 20 з 3; 2000 c 107 з 40; 1993 sp.s. c 17 з 37; (1993 c 340 з 14 repealed by 1993 sp.s. c 17 з 47); 1989 c 316 з 5; 1984 c 80 з 1. Prior: 1983 1st ex.s. c 46 з 116; 1983 c 297 з 1; 1977 ex.s. c 327 з 4; 1974 ex.s. c 184 з 3. Formerly RCW 75.28.116, 75.28.460.]

Notes: Contingent effective date -- 1993 sp.s. c 17 зз 34-47: See note following RCW 77.65.020.

Finding -- Contingent effective date -- Severability -- 1993 sp.s. c 17: See notes following RCW 77.32.520.

Legislative intent -- Funding of salmon enhancement facilities -- Use of license fees -- Severability -- Effective date -- 1977 ex.s. c 327: See notes following RCW 77.65.150.

Legislative intent -- Severability -- 1974 ex.s. c 184: See notes following RCW 77.70.090.

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77.65.200
Commercial fishery licenses for food fish fisheries Ч Fees Ч Rules for species, gear, and areas.
(1) This section establishes commercial fishery licenses required for food fish fisheries and the annual fees for those licenses. As used in this section, "food fish" does not include salmon. The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title.

Fishery Annual Fee Vessel Limited
(Governing section(s)) Resident Nonresident Required? Entry?

(a) Baitfish Lampara $185 $295 Yes No
(b) Baitfish purse seine $530 $985 Yes No
(c) Bottom fish jig $130 $185 Yes No
(d) Bottom fish pot $130 $185 Yes No
(e) Bottom fish troll $130 $185 Yes No
(f) Carp $130 $185 No No
(g) Columbia river smelt $380 $685 No No
(h) Dog fish set net $130 $185 Yes No
(i) Emerging commercial fishery (RCW 77.70.160 and 77.65.400) $185 $295 Determined by rule Determined by rule
(j) Food fish drag seine $130 $185 Yes No
(k) Food fish set line $130 $185 Yes No
(l) Food fish trawl- $240 $405 Yes No
Non-Puget Sound
(m) Food fish trawl- $185 $295 Yes No
Puget Sound
(n) Herring dip bag net $175 $275 Yes Yes
(RCW 77.70.120)
(o) Herring drag seine $175 $275 Yes Yes
(RCW 77.70.120)
(p) Herring gill net $175 $275 Yes Yes
(RCW 77.70.120)
(q) Herring Lampara $175 $275 Yes Yes
(RCW 77.70.120)
(r) Herring purse seine $175 $275 Yes Yes
(RCW 77.70.120)
(s) Herring spawn-on-kelp (RCW 77.70.210) N/A N/A Yes Yes

(t) Smelt dip bag net $130 $185 No No
(u) Smelt gill net $380 $685 Yes No
(v) Whiting-Puget Sound (RCW 77.70.130) $295 $520

Yes

Yes

(2) The director may by rule determine the species of food fish that may be taken with the commercial fishery licenses established in this section, the gear that may be used with the licenses, and the areas or waters in which the licenses may be used. Where a fishery license has been established for a particular species, gear, geographical area, or combination thereof, a more general fishery license may not be used to take food fish in that fishery.

[2000 c 107 з 41; 1993 sp.s. c 17 з 38; (1993 c 340 з 15 repealed by 1993 sp.s. c 17 з 47); 1989 c 316 з 6; 1983 1st ex.s. c 46 з 117; 1965 ex.s. c 73 з 3; 1959 c 309 з 11; 1955 c 12 з 75.28.120. Prior: 1951 c 271 з 10; 1949 c 112 з 69(2); Rem. Supp. 1949 з 5780-507(2). Formerly RCW 75.28.120.]

Notes: Contingent effective date -- 1993 sp.s. c 17 зз 34-47: See note following RCW 77.65.020.

Finding -- Contingent effective date -- Severability -- 1993 sp.s. c 17: See notes following RCW 77.32.520.

Limitation on commercial herring fishing: RCW 77.70.120.

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77.65.210
Nonlimited entry delivery license Ч Limitations Ч Fee.
(1) Except as provided in subsection (2) of this section, a person may not use a commercial fishing vessel to deliver food fish or shellfish taken for commercial purposes in offshore waters to a port in the state without a nonlimited entry delivery license. As used in this section, "deliver" and "delivery" mean arrival at a place or port, and include arrivals from offshore waters to waters within the state and arrivals ashore from offshore waters. As used in this section, "food fish" does not include salmon. As used in this section, "shellfish" does not include ocean pink shrimp, coastal crab, or fish or shellfish taken under an emerging commercial fisheries license if taken from off-shore waters. The annual license fee for a nonlimited entry delivery license is one hundred ten dollars for residents and two hundred dollars for nonresidents.

(2) Holders of salmon troll fishery licenses issued under RCW 77.65.160, salmon delivery licenses issued under RCW 77.65.170, crab pot fishery licenses issued under RCW 77.65.220, food fish trawl -- Non-Puget Sound fishery licenses, and emerging commercial fishery licenses issued under RCW 77.65.200, Dungeness crab -- coastal fishery licenses, ocean pink shrimp delivery licenses, shrimp trawl -- Non-Puget Sound fishery licenses, and emerging commercial fishery licenses issued under RCW 77.65.220 may deliver food fish or shellfish taken in offshore waters without a nonlimited entry delivery license.

(3) A nonlimited entry delivery license authorizes no taking of food fish or shellfish from state waters.

[2005 c 20 з 4; 2000 c 107 з 42; 1998 c 190 з 97; 1994 c 260 з 21. Prior: 1993 sp.s. c 17 з 39; 1993 c 376 з 3; (1993 c 340 з 16 repealed by 1993 sp.s. c 17 з 47); 1989 c 316 з 7; 1983 1st ex.s. c 46 з 119; 1971 ex.s. c 283 з 5; 1965 ex.s. c 73 з 1; 1959 c 309 з 5. Formerly RCW 75.28.125, 75.28.085.]

Notes: Finding -- Severability -- 1994 c 260: See notes following RCW 77.70.280.

Effective date -- 1994 c 260 зз 1-5, 9-19, and 21-24: See note following RCW 77.70.280.

Contingent effective date -- 1993 sp.s. c 17 зз 34-47: See note following RCW 77.65.020.

Finding -- Contingent effective date -- Severability -- 1993 sp.s. c 17: See notes following RCW 77.32.520.

Findings -- Effective date -- 1993 c 376: See notes following RCW 77.65.380.

Effective dates -- 1971 ex.s. c 283: See note following RCW 77.65.170.

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77.65.220
Commercial fishery licenses for shellfish fisheries Ч Fees Ч Rules for species, gear, and areas.
(1) This section establishes commercial fishery licenses required for shellfish fisheries and the annual fees for those licenses. The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title.

Fishery Annual Fee Vessel Limited
(Governing section(s)) Resident Nonresident Required? Entry?
(a) Burrowing shrimp $185 $295 Yes No
(b) Crab ring net- $130 $185 Yes No
Non-Puget Sound
(c) Crab ring net- $130 $185 Yes No
Puget Sound
(d) Dungeness crab-coastal (RCW 77.70.280) $295 $520 Yes Yes
(e) Dungeness crab- $295 $520 Yes Yes
coastal, class B
(RCW 77.70.280)
(f) Dungeness crab- $130 $185 Yes Yes
Puget Sound
(RCW 77.70.110)
(g) Emerging commercial fishery (RCW 77.70.160 and 77.65.400) $185 $295 Determined Determined
by rule by rule

(h) Geoduck (RCW $ 0 $ 0 Yes Yes
77.70.220)
(i) Hardshell clam $530 $985 Yes No
mechanical

harvester
(RCW 77.65.250)
(j) Oyster reserve $130 $185 No No
(RCW 77.65.260)
(k) Razor clam $130 $185 No No
(l) Sea cucumber dive $130 $185 Yes Yes
(RCW 77.70.190)
(m) Sea urchin dive $130 $185 Yes Yes
(RCW 77.70.150)
(n) Shellfish dive $130 $185 Yes No
(o) Shellfish pot $130 $185 Yes No
(p) Shrimp pot- $185 $295 Yes Yes
Puget Sound
(RCW 77.70.410)
(q) Shrimp trawl- $240 $405 Yes No
Non-Puget Sound
(r) Shrimp trawl- $185 $295 Yes Yes
Puget Sound
(RCW 77.70.420)
(s) Squid $185 $295 Yes No

(2) The director may by rule determine the species of shellfish that may be taken with the commercial fishery licenses established in this section, the gear that may be used with the licenses, and the areas or waters in which the licenses may be used. Where a fishery license has been established for a particular species, gear, geographical area, or combination thereof, a more general fishery license may not be used to take shellfish in that fishery.

[2000 c 107 з 43; 1999 c 239 з 2; 1994 c 260 з 14; 1993 sp.s. c 17 з 40; (1993 c 340 з 17 repealed by 1993 sp.s. c 17 з 47); 1989 c 316 з 8; 1983 1st ex.s. c 46 з 120; 1977 ex.s. c 327 з 6; 1971 ex.s. c 283 з 7; 1965 ex.s. c 73 з 4; 1959 c 309 з 12; 1955 c 12 з 75.28.130. Prior: 1951 c 271 з 11; 1949 c 112 з 69(3); Rem. Supp. 1949 з 5780-507(3). Formerly RCW 75.28.130.]

Notes: Finding -- Purpose -- Intent -- 1999 c 239: "The legislature finds that it is in the public interest to convert the Puget Sound shrimp fishery from the status of an emerging fishery to that of a limited entry fishery. The purpose of this act is to initiate this conversion, recognizing that additional details associated with the shrimp fishery limited entry program will need to be developed. The legislature intends to complete the development of the laws associated with this limited entry fishery program during the next regular legislative session and will consider recommendations from the industry and the department during this program." [1999 c 239 з 1.] (continued)