Cowlitz,
Yes , I don't get it.
I think some one had this issue brought up during the Net ban initiative at a meeting here in seattle
I still have it in my head that RCW 77.15.510 rules were set for the commercial (troll,netting etc...).For non trinal members and tribal.
These rules don't really apply for the "sport "bussiness end of it done by the tribes. It has nothing to do with any rod/reel guiding or allocation..
It has something to do to keep other commercial or private individual from working ,
visiting or any other involvement while they are commercially harvesting with nets. In so many words.
Sorry Cowlitz, thats the best I can come up with for now. Let me ask around her and see if any one else knows a little more about this so lay people like me can fully understand it
.
This ones for commercial
------------------------------------------------------------
SENATE BILL 5163
_____________________________________________
State of Washington 58th Legislature 2003 Regular Session
By Senators Doumit, Swecker, Hargrove, Reardon, Regala, Jacobsen and
Franklin
Read first time 01/16/2003. Referred to Committee on Parks, Fish &
Wildlife.
AN ACT Relating to commercial fishing violations; amending RCW 77.15.700;
adding new sections to chapter 77.15 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
{+ NEW SECTION. +} Sec. 1. (1)(a) The legislature finds that existing law
as it relates to the suspension of commercial fishing licenses does not take
into account the real-life circumstances faced by the state's commercial fishing
fleets. The nature of the commercial fishing industry, together with the
complexity of fisheries regulations, is such that honest mistakes can be made
by well-meaning and otherwise law-abiding fishers. Commercial fishing
violations that occur within an acceptable margin of error should not result in
the suspension of fishing privileges. Likewise, fishers facing the possibility
of license suspension or revocation deserve the opportunity to explain any
extenuating circumstances prior to having his or her professional privileges
suspended.
(b) The legislature intends, by creating the license suspension review
committee, to provide a fisher with the opportunity to explain any extenuating
circumstances that led to a commercial fishing violation. The legislature
intends for the license suspension review committee to give serious
considerations to the case-specific facts and scenarios leading up to a
violation, and for the license suspension review committee to only issue license
suspensions when the facts indicate a willful act that undermines the
conservation of fish stocks. Frivolous violations should not result in the
suspension of privileges, and should be punished only by the criminal sanctions
attached to the underlying crime.
(2)(a) The legislature further finds that gross abuses of fish stocks
should not be tolerated. Individuals convicted of even one violation that is
egregious in nature, causing serious detriment to a fishery or the competitive
disposition of other fishers, should have his or her license suspended and
revoked.
(b) The legislature intends for the license suspension review committee to
take egregious fisheries' violations seriously. When dealing with individuals
convicted of only one violation, the license suspension review committee should
only consider suspension for individuals that are convicted of violations that
are of a severe magnitude and show a wanton disregard for the public's resource.
Sec. 2. RCW 77.15.700 and 2001 c 253 s 46 are each amended to read as
follows:
The department shall impose revocation and suspension of privileges upon
conviction in the following circumstances:
(1) If directed by statute for an offense;
(2) If the department finds that actions of the defendant demonstrated a
willful or wanton disregard for conservation of fish or wildlife. Such
suspension of privileges may be permanent{+ . This subsection (2) does not
apply to violations involving commercial fishing +};
(3) If a person is convicted twice within ten years for a violation
involving unlawful hunting, killing, or possessing big game, the department
shall order revocation and suspension of all hunting privileges for two years.
RCW 77.12.722 or 77.16.050 as it existed before June 11, 1998, may comprise one
of the convictions constituting the basis for revocation and suspension under
this subsection;
(4) If a person is convicted three times in ten years of any violation of
recreational hunting or fishing laws or rules, the department shall order a
revocation and suspension of all recreational hunting and fishing privileges for
two years(({- ;
(5) If a person is convicted twice within five years of a gross misdemeanor
or felony involving unlawful commercial fish or shellfish harvesting, buying,
or selling, the department shall impose a revocation and suspension of the
person's commercial fishing privileges for one year. A commercial fishery
license revoked under this subsection may not be used by an alternate operator
or transferred during the period of suspension -})).
{+ NEW SECTION. +} Sec. 3. A new section is added to chapter 77.15 RCW
to read as follows:
(1) If a person is convicted of two or more qualifying commercial fishing
violations within a three-year period, the person's privileges to participate
in the commercial fishery to which the license suspension applied may be
suspended by the director for up to one year. A commercial fishery license that
is suspended under this section may not be transferred after the director issues
a notice of suspension, or used by an alternative operator or transferred during
the period of suspension.
(2) For the purposes of this section only, "qualifying commercial fishing
violation" means either:
(a) A conviction under RCW 77.15.500, 77.15.510, 77.15.520, 77.15.530,
77.15.550(1)(a), 77.15.570, 77.15.580, or 77.15.590;
(b) A gross misdemeanor or felony involving commercial fish harvesting,
buying, or selling that is unlawful under the terms of the license, this title,
or the rules issued pursuant to this title, if the quantity of unlawfully
harvested, possessed, bought, or sold fish either: (i) Totals greater than four
percent of the harvest available for inspection at the time of citation if the
harvest involves fifty or more individual fish; or (ii) are fish other than
groundfish valued at more than two hundred fifty dollars, or groundfish valued
at more than one hundred seventy-five dollars, at the time of citation if the
harvest involves less than fifty individual fish; or
(c) A gross misdemeanor or felony involving commercial shellfish
harvesting, buying, or selling that is unlawful under the terms of the license,
this title, or the rules issued pursuant to this title, if the quantity of
unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals greater
than six percent of the harvest available for inspection at the time of
citation; and (ii) totals fifty or more individual shellfish.
(3)(a) The director may refer a person convicted of one qualifying
commercial fishing violation to the license suspension review committee if the
director feels that the qualifying commercial fishing violation was of a severe
enough magnitude to justify suspension of the individual's license renewal
privileges.
(b) The director may refer any person convicted of one egregious shellfish
violation to the license suspension review committee.
(c) For the purposes of this section only, "egregious shellfish violation"
means a gross misdemeanor or felony involving commercial shellfish harvesting,
buying, or selling that is unlawful under the terms of the license, this title,
or the rules issued pursuant to this title, if the quantity of unlawfully
harvested, possessed, bought, or sold shellfish: (i) Totals more than twenty
percent of the harvest available for inspection at the time of citation; (ii)
totals five hundred or more individual shellfish; and (iii) is valued at two
thousand five hundred dollars or more.
(4) A person who has a commercial fishing license suspended or revoked
under this section may file an appeal with the license suspension review
committee pursuant to section 4 of this act. An appeal must be filed within
thirty-one days of notice of license suspension or revocation. If an appeal is
filed, the suspension or revocation issued by the department does not take
effect until after the license suspension review committee has come to a final
conclusion. If no appeal is filed within thirty-one days of notice of license
suspension or revocation, the right to an appeal is considered waived. All
suspensions ordered under this section take effect either thirty- one days
following the conviction for the second qualifying commercial fishing violation,
or upon a final decision ordered by the license suspension review committee,
whichever is later.
(5) A fishing privilege suspended under this section is in addition to the
statutory penalties assigned to the underlying crime.
(6) For the purposes of this section only, the burden is on the state to
show the dollar amount or the percent of a harvest that is comprised of
unlawfully harvested, bought, or sold individual fish or shellfish.
{+ NEW SECTION. +} Sec. 4. A new section is added to chapter 77.15 RCW
to read as follows:
(1) The license suspension review committee is created. The license
suspension review committee may only hear appeals from commercial fishers who
have had a license revoked or suspended pursuant to section 3 of this act.
(2)(a) The license suspension review committee is composed of five voting
members and up to four alternates.
(b) Two of the members must be appointed by the director and may be
department employees.
(c) Three members, and up to four alternates, must be peer-group members,
who are individuals owning a commercial fishing license issued by the
department. If a peer-group member appears before the license suspension review
committee because of a qualifying commercial fishing violation, the member must
recuse himself or herself from the proceedings relating to that violation. No
two voting peer-group members may reside in the same county. All peer-group
members must be appointed by the commission, who may accept recommendations from
professional organizations that represent commercial fishing interests or from
the legislative authority of any Washington county.
(d) All license suspension review committee members serve a two- year
renewable term.
(e) The commission may develop minimum member standards for service on the
license suspension review committee, and standards for terminating a member
before the expiration of his or her term.
(3) The license suspension review committee must convene and make a final
decision on a license renewal suspension within three months of referral from
the department.
(4) The license suspension review committee shall collect the information
and hear the testimony that it feels necessary to decide on the proper length,
if any, of a suspension of a commercial license. The decisions may be based on
extenuating circumstances presented by the individual convicted of the
qualifying commercial fishing violation or considerations of the type and
magnitude of violations that have been committed by the individual. The maximum
length of any suspension may not exceed one year.
(5) All decisions of the license suspension review committee must be
decided by a majority vote of all voting members. Alternate committee members
may only vote when one of the voting members is unavailable, has been recused,
or has decided not to vote on the case before the committee. Nonvoting
alternates may be present and may participate at all license suspension review
committee meetings.
(6) All decisions of the license suspension review committee are final,
except for judicial review.
(7) Members of the license suspension review committee serve as volunteers,
and are not eligible for compensation other than travel expenses pursuant to RCW
43.03.050 and 43.03.060.
(8) Staff of the license suspension review committee must be provided by
the department.
--- END ---
------------------------------------------------------------
THIS ONES FOR GUIDING
_______________________________________________
SENATE BILL 5439
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senators Jacobsen and Morton; by request of Department of Fish and
Wildlife
Read first time 01/23/2001. Referred to Committee on Natural
Resources, Parks & Shorelines.
AN ACT Relating to fishing guides; and amending RCW 77.65.010,
77.65.150, 77.65.370, 77.65.440, and 77.65.480.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 77.65.010 and 1998 c 190 s 93 are each amended to read
as follows:
(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 food fish or shellfish taken in 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 {+ fishing +} 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.
Sec. 2. RCW 77.65.150 and 2000 c 107 s 36 are each amended to read
as follows:
(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 PermitAnnual FeeGoverning
(RCW 77.95.090 Surcharge)Section
ResidentNonresident
(a) Nonsalmon charter$225$375
(b) Salmon charter$380$685RCW 77.70.050
(plus $100)(plus $100)
(c) Salmon angler$ 0$ 0RCW 77.70.060
(d) Salmon roe$ 95 $ 95RCW 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{+ , game 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 {+ or game 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.
Sec. 3. RCW 77.65.370 and 1998 c 190 s 98 are each amended to read
as follows:
(1) A {+ natural +} person shall not offer or perform the services
of a professional (({- salmon -})) {+ fishing +} guide in the taking of
(({- salmon -})) {+ game fish and food fish +} for personal use in
freshwater rivers and streams, other than in that part of the Columbia
river below the bridge at Longview, without a professional (({- salmon
-})) {+ fishing +} guide license.
(2) Only an individual at least sixteen years of age may hold a
professional (({- salmon -})) {+ fishing +} guide license. No
individual may hold more than one professional (({- salmon -})) {+
fishing +} guide license.
{+ (3) The director may specify by rule the requirements for
identifying boats engaged in guiding and other requirements considered
necessary for public safety. +}
Sec. 4. RCW 77.65.440 and 2000 c 107 s 55 are each amended to read
as follows:
The director shall issue the personal licenses listed in this
section according to the requirements of this title. The licenses and
their annual fees are:
Personal LicenseAnnual Fee Governing
(RCW 77.95.090 Surcharge)Section
ResidentNonresident
(1) Alternate Operator$ 35$ 35RCW 77.65.130
(2) Geoduck Diver$185$295RCW 77.65.410
(3) (({- Salmon Guide -}))(({- $130 -}))(({- $630 -}))RCW 77.65.370
{+ Fishing Guide +}{+ $175 +}{+ $620 +}
(plus $20)(plus $100)
Sec. 5. RCW 77.65.480 and 1991 sp.s. c 7 s 4 are each amended to
read as follows:
(1) A taxidermy license allows the holder to practice taxidermy for
profit. The fee for this license is one hundred eighty dollars.
(2) A fur dealer's license allows the holder to purchase, receive,
or resell raw furs for profit. The fee for this license is one hundred
eighty dollars.
(3) (({- A fishing guide license allows the holder to offer or
perform the services of a professional guide in the taking of game
fish. The fee for this license is one hundred eighty dollars for a
resident and six hundred dollars for a nonresident.
(4) -})) A game farm license allows the holder to operate a game
farm to acquire, breed, grow, keep, and sell wildlife under conditions
prescribed by the rules adopted pursuant to this title. The fee for
this license is seventy-two dollars for the first year and forty-eight
dollars for each following year.
(({- (5) -})) {+ (4) +} A game fish stocking permit allows the
holder to release game fish into the waters of the state as prescribed
by rule of the commission. The fee for this permit is twenty-four
dollars.
(({- (6) -})) {+ (5) +} A fishing or field trial permit allows the
holder to promote, conduct, hold, or sponsor a fishing or field trial
contest in accordance with rules of the commission. The fee for a
fishing contest permit is twenty-four dollars. The fee for a field
trial contest permit is twenty-four dollars.
(({- (7) -})) {+ (6) +} An anadromous game fish buyer's license
allows the holder to purchase or sell steelhead trout and other
anadromous game fish harvested by Indian (({- fishermen -})) {+ fishers
+} lawfully exercising fishing rights reserved by federal statute,
treaty, or executive order, under conditions prescribed by rule of the
director. The fee for this license is one hundred eighty dollars.
--- END ---
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