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| Home > Statutes > USA Washington |
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USA Statutes : washington
Title : Fish and wildlife
Chapter : Food fish and shellfish -- Commercial licenses
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RCW 77.65.010Commercial licenses and permits required 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 § 1; 1998 c 190 § 93; 1997 c 58 § 883; 1993 c 340 § 2; 1991 c 362 § 1; 1985 c 457 § 18; 1983 1st ex.s. c 46 § 101; 1959 c 309 § 2; 1955 c 12 § 75.28.010. Prior: 1949 c 112 § 73; Rem. Supp. 1949 § 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 § 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 § 57.]Effective date -- 1993 c 340: "This act shall take effect January 1, 1994." [1993 c 340 § 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 § 59.] RCW 77.65.020Transfer of licenses Restrictions Fees 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 § 28; 1997 c 418 § 1; 1995 c 228 § 1; 1993 sp.s. c 17 § 34. Formerly RCW 75.28.011.]Notes:Contingent effective date -- 1993 sp.s. c 17 §§ 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 § 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. RCW 77.65.030Commercial licenses and permits Application deadline 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 § 5; 2001 c 244 § 2; 1993 c 340 § 3; 1986 c 198 § 8; 1983 1st ex.s. c 46 § 103; 1981 c 201 § 1; 1965 ex.s. c 57 § 1; 1959 c 309 § 4; 1957 c 171 § 3. Formerly RCW 75.28.014.]Notes:Effective date -- 2003 c 386 § 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 § 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. RCW 77.65.040Commercial licenses Qualifications Limited-entry license 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 § 29; 1994 c 244 § 1; 1993 c 340 § 4; 1989 c 47 § 1; 1983 1st ex.s. c 46 § 104; 1963 c 171 § 1; 1955 c 12 § 75.28.020. Prior: 1953 c 207 § 9; 1949 c 112 § 63; Rem. Supp. 1949 § 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. RCW 77.65.050Application for commercial licenses and permits 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 § 1; 1993 sp.s. c 17 § 44; (1993 c 340 § 5 repealed by 1993 sp.s. c 17 § 47); 1983 1st ex.s. c 46 § 105; 1959 c 309 § 7; 1955 c 12 § 75.28.030. Prior: 1953 c 207 § 2; 1949 c 112 § 65; Rem. Supp. 1949 § 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 § 5.]Contingent effective date -- 1993 sp.s. c 17 §§ 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. RCW 77.65.060No commercial fishery during year 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 § 30; 1995 c 227 § 1. Formerly RCW 75.28.034.] RCW 77.65.070Licensees subject to statute and rules Licenses not subject to security interest or lien 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 § 3; 1996 c 267 § 27; 1993 c 340 § 6; 1983 1st ex.s. c 46 § 108; 1955 c 212 § 2; 1955 c 12 § 75.28.040. Prior: 1949 c 112 § 64; Rem. Supp. 1949 § 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. RCW 77.65.080License suspension Noncompliance with support order 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 § 31; 1997 c 58 § 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. RCW 77.65.090Vessel 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 § 11; 1993 sp.s. c 17 § 45. Formerly RCW 75.28.044.]Notes:Finding -- Severability -- 1994 c 260: See notes following RCW 77.70.280.Effective date -- 1994 c 260 §§ 1-5, 9-19, and 21-24: See note following RCW 77.70.280.Contingent effective date -- 1993 sp.s. c 17 §§ 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. RCW 77.65.100Vessel 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 § 1; 2001 c 105 § 3; 1998 c 190 § 94; 1993 c 340 § 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. RCW 77.65.110Alternate operator designation 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 § 4; 2000 c 107 § 32; 1998 c 267 § 2; 1994 c 260 § 12; 1993 c 340 § 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 §§ 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. RCW 77.65.120Sale or delivery of food fish or shellfish Conditions 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 § 33; 1998 c 267 § 3; 1993 c 340 § 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. RCW 77.65.130Vessel operation License designation 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 § 2; 2000 c 107 § 34; 1998 c 267 § 4; 1997 c 233 § 2; 1993 c 340 § 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. RCW 77.65.140Alternate operators 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 § 35; 1997 c 421 § 1. Formerly RCW 75.28.055.] RCW 77.65.150Charter licenses and angler permits Fees "Charter boat" defined Oregon charter boats 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 § 36; 1998 c 190 § 95; 1997 c 76 § 2; 1995 c 104 § 1; 1993 sp.s. c 17 § 41. Prior: (1993 c 340 § 21 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 2; 1989 c 147 § 1; 1989 c 47 § 2; 1988 c 9 § 1; 1983 1st ex.s. c 46 § 112; 1979 c 60 § 1; 1977 ex.s. c 327 § 5; 1971 ex.s. c 283 § 15; 1969 c 90 § 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 §§ 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 § 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 § 8; 1977 ex.s. c 327 § 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 § 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 § 34.]Effective date -- 1977 ex.s. c 327: "This 1977 amendatory act shall take effect on January 1, 1978." [1977 ex.s. c 327 § 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. RCW 77.65.160Commercial salmon fishery licenses Gear and geographic designations 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 § 1; 2000 c 107 § 37; 1997 c 76 § 1; 1996 c 267 § 28; 1993 sp.s. c 17 § 35; (1993 c 340 § 12 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 3; 1985 c 107 § 1; 1983 1st ex.s. c 46 § 113; 1965 ex.s. c 73 § 2; 1959 c 309 § 10; 1955 c 12 § 75.28.110. Prior: 1951 c 271 § 9; 1949 c 112 § 69(1); Rem. Supp. 1949 § 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 § 3.]Intent -- Effective date -- 1996 c 267: See notes following RCW 77.12.177.Contingent effective date -- 1993 sp.s. c 17 §§ 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. RCW 77.65.170Salmon delivery license Fee Restrictions 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 § 2; 2000 c 107 § 38; 1998 c 190 § 96; 1994 c 260 § 22; 1993 sp.s. c 17 § 36; (1993 c 340 § 13 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 4; 1983 1st ex.s. c 46 § 115; 1977 ex.s. c 327 § 3; 1971 ex.s. c 283 § 1; 1955 c 12 §75.18.080 . Prior: 1953 c 147 § 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 §§ 1-5, 9-19, and 21-24: See note following RCW 77.70.280.Contingent effective date -- 1993 sp.s. c 17 §§ 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 § 16.]Limitations on issuance of salmon delivery licenses: RCW 77.70.090. RCW 77.65.180Oregon, California harvested salmon 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 § 39; 1999 c 103 § 1. Formerly RCW 75.28.114.] RCW 77.65.190Emergency salmon delivery license Fee 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 § 3; 2000 c 107 § 40; 1993 sp.s. c 17 § 37; (1993 c 340 § 14 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 5; 1984 c 80 § 1. Prior: 1983 1st ex.s. c 46 § 116; 1983 c 297 § 1; 1977 ex.s. c 327 § 4; 1974 ex.s. c 184 § 3. Formerly RCW 75.28.116, 75.28.460.]Notes:Contingent effective date -- 1993 sp.s. c 17 §§ 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. RCW 77.65.200Commercial fishery licenses for food fish fisheries Fees 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 § 41; 1993 sp.s. c 17 § 38; (1993 c 340 § 15 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 6; 1983 1st ex.s. c 46 § 117; 1965 ex.s. c 73 § 3; 1959 c 309 § 11; 1955 c 12 § 75.28.120. Prior: 1951 c 271 § 10; 1949 c 112 § 69(2); Rem. Supp. 1949 § 5780-507(2). Formerly RCW 75.28.120.]Notes:Contingent effective date -- 1993 sp.s. c 17 §§ 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. RCW 77.65.210Nonlimited entry delivery license Limitations 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 § 4; 2000 c 107 § 42; 1998 c 190 § 97; 1994 c 260 § 21. Prior: 1993 sp.s. c 17 § 39; 1993 c 376 § 3; (1993 c 340 § 16 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 7; 1983 1st ex.s. c 46 § 119; 1971 ex.s. c 283 § 5; 1965 ex.s. c 73 § 1; 1959 c 309 § 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 §§ 1-5, 9-19, and 21-24: See note following RCW 77.70.280.Contingent effective date -- 1993 sp.s. c 17 §§ 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. RCW 77.65.220Commercial fishery licenses for shellfish fisheries Fees 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 § 43; 1999 c 239 § 2; 1994 c 260 § 14; 1993 sp.s. c 17 § 40; (1993 c 340 § 17 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 8; 1983 1st ex.s. c 46 § 120; 1977 ex.s. c 327 § 6; 1971 ex.s. c 283 § 7; 1965 ex.s. c 73 § 4; 1959 c 309 § 12; 1955 c 12 § 75.28.130. Prior: 1951 c 271 § 11; 1949 c 112 § 69(3); Rem. Supp. 1949 § 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 § 1.]Finding -- Severability -- 1994 c 260: See notes following RCW 77.70.280.Effective date -- 1994 c 260 §§ 1-5, 9-19, and 21-24: See note following RCW 77.70.280.Contingent effective date -- 1993 sp.s. c 17 §§ 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 -- Effective date -- 1977 ex.s. c 327: See notes following RCW 77.65.150.Effective dates -- 1971 ex.s. c 283: See note following RCW 77.65.170.Dungeness crab-Puget Sound fishery license endorsement: RCW 77.70.110. RCW 77.65.230Surcharge on Dungeness crab-coastal fishery licenses and Dungeness crab-coastal class B fishery licenses Dungeness crab appeals account.A surcharge of fifty dollars shall be collected with each Dungeness crab-coastal fishery license issued under RCW 77.65.220 until June 30, 2000, and with each Dungeness crab-coastal class B fishery license issued under RCW 77.65.220 until December 31, 1997. Moneys collected under this section shall be placed in the Dungeness crab appeals account hereby created in the state treasury. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. Expenditures from the account shall only be used for processing appeals related to the issuance of Dungeness crab-coastal fishery licenses.[2000 c 107 § 44; 1994 c 260 § 15. Formerly RCW 75.28.132.]Notes:Finding -- Severability -- 1994 c 260: See notes following RCW 77.70.280.Effective date -- 1994 c 260 §§ 1-5, 9-19, and 21-24: See note following RCW 77.70.280. RCW 77.65.240Surcharge on Dungeness crab-coastal fishery license and Dungeness crab-coastal class B fishery license Coastal crab account.A surcharge of one hundred twenty dollars shall be collected with each Dungeness crab-coastal fishery license and with each Dungeness crab-coastal class B fishery license issued under RCW 77.65.220. Moneys collected under this section shall be placed in the coastal crab account created under RCW 77.70.320.[2000 c 107 § 45; 1997 c 418 § 5. Formerly RCW 75.28.133.] RCW 77.65.250Hardshell clam mechanical harvester fishery license.A hardshell clam mechanical harvester fishery license is required to operate a mechanical or hydraulic device for commercially harvesting clams, other than geoduck clams, unless the requirements of RCW 77.55.021 are fulfilled for the proposed activity.[2005 c 146 § 1005; 2000 c 107 § 46; 1993 c 340 § 19; 1989 c 316 § 12; 1985 c 457 § 19; 1983 1st ex.s. c 46 § 125; 1979 ex.s. c 141 § 3; 1969 ex.s. c 253 § 3; 1955 c 212 § 8; 1955 c 12 § 75.28.280. Prior: 1951 c 271 § 26; 1949 c 112 § 70; Rem. Supp. 1949 § 5780-508. Formerly RCW 75.28.280.]Notes:Part headings not law -- 2005 c 146: See note following RCW 77.55.011.Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010.Construction -- Severability -- 1969 ex.s. c 253: See notes following RCW 77.60.070. RCW 77.65.260State oyster reserves Oyster reserve fishery license.A person who commercially takes shellfish from state oyster reserves under RCW 77.60.050 must have an oyster reserve fishery license.[2000 c 107 § 47; 1993 c 340 § 20; 1989 c 316 § 14; 1983 1st ex.s. c 46 § 131; 1969 ex.s. c 91 § 2; 1955 c 12 § 75.28.290. Prior: 1951 c 271 § 27; 1949 c 112 § 71; Rem. Supp. 1949 § 5780-509. Formerly RCW 75.28.290.]Notes:Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010. RCW 77.65.270Oyster cultch permit.An oyster cultch permit is required for commercial cultching of oysters on state oyster reserves. The director shall require that ten percent of the cultch bags or other collecting materials be provided to the state after the oysters have set, for the purposes of increasing the supply of oysters on state oyster reserves and enhancing oyster supplies on public beaches.[1989 c 316 § 15. Formerly RCW 75.28.295.] RCW 77.65.280Wholesale fish dealer's license Fee Exemption.A wholesale fish dealer's license is required for: (1) A business in the state to engage in the commercial processing of food fish or shellfish, including custom canning or processing of personal use food fish or shellfish. (2) A business in the state to engage in the wholesale selling, buying, or brokering of food fish or shellfish. A wholesale fish dealer's license is not required of those businesses which buy exclusively from Washington licensed wholesale dealers and sell solely at retail. (3) Fishermen who land and sell their catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state, unless the fisher has a direct retail endorsement. (4) A business to engage in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish. (5) A business employing a fish buyer as defined under RCW 77.65.340. The annual license fee for a wholesale dealer is two hundred fifty dollars. A wholesale fish dealer's license is not required for persons engaged in the processing, wholesale selling, buying, or brokering of private sector cultured aquatic products as defined in RCW 15.85.020. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.[2002 c 301 § 5; 2000 c 107 § 48; 1993 sp.s. c 17 § 43; 1989 c 316 § 16. Prior: 1985 c 457 § 20; 1985 c 248 § 1; 1983 1st ex.s. c 46 § 132; 1979 c 66 § 1; 1965 ex.s. c 28 § 1; 1955 c 212 § 11; 1955 c 12 § 75.28.300; prior: 1951 c 271 § 28; 1949 c 112 § 72(1); Rem. Supp. 1949 § 5780-510(1). Formerly RCW 75.28.300.]Notes:Finding -- Effective date -- 2002 c 301: See notes following RCW 77.65.510.Contingent effective date -- 1993 sp.s. c 17 §§ 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. RCW 77.65.290Wholesale fish dealer licenses Display.Wholesale fish dealer licenses shall be displayed at the business premises of the licensee.[1993 c 340 § 52; 1983 1st ex.s. c 46 § 110; 1955 c 12 § 75.28.070. Prior: 1949 c 112 § 74, part; Rem. Supp. 1949 § 5780-512, part. Formerly RCW 75.28.302, 75.28.070.]Notes:Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010. RCW 77.65.300Wholesale fish dealer may be a fish buyer.A wholesale dealer who is an individual may be a fish buyer.[1985 c 248 § 3. Formerly RCW 75.28.305.] RCW 77.65.310Wholesale fish dealers Documentation of commercial harvest.Wholesale fish dealers are responsible for documenting the commercial harvest of food fish and shellfish according to the rules of the department. The director may allow only wholesale fish dealers or their designees to receive the forms necessary for the accounting of the commercial harvest of food fish and shellfish.[1996 c 267 § 29; 1985 c 248 § 4. Formerly RCW 75.28.315.]Notes:Intent -- Effective date -- 1996 c 267: See notes following RCW 77.12.177. RCW 77.65.320Wholesale fish dealers Performance bond.(1) A wholesale fish dealer shall not take possession of food fish or shellfish until the dealer has deposited with the department an acceptable performance bond on forms prescribed and furnished by the department. This performance bond shall be a corporate surety bond executed in favor of the department by a corporation authorized to do business in the state of Washington under chapter 48.28 RCW and approved by the department. The bond shall be filed and maintained in an amount equal to one thousand dollars for each buyer engaged by the wholesale dealer. In no case shall the bond be less than two thousand dollars nor more than fifty thousand dollars. (2) A wholesale dealer shall, within seven days of engaging additional fish buyers, notify the department and increase the amount of the bonding required in subsection (1) of this section. (3) The director may suspend and refuse to reissue a wholesale fish dealer's license of a dealer who has taken possession of food fish or shellfish without an acceptable performance bond on deposit with the department. (4) The bond shall be conditioned upon the compliance with the requirements of this chapter and rules of the department relating to the payment of fines for violations of rules for the accounting of the commercial harvest of food fish or shellfish. In lieu of the surety bond required by this section the wholesale fish dealer may file with the department a cash deposit, negotiable securities acceptable to the department, or an assignment of a savings account or of a savings certificate in a Washington bank on an assignment form prescribed by the department. (5) Liability under the bond shall be maintained as long as the wholesale fish dealer engages in activities under RCW 77.65.280 unless released. Liability under the bond may be released only upon written notification from the department. Notification shall be given upon acceptance by the department of a substitute bond or forty-five days after the expiration of the wholesale fish dealer's annual license. In no event shall the liability of the surety exceed the amount of the surety bond required under this chapter.[2000 c 107 § 49; 1996 c 267 § 30; 1985 c 248 § 6. Formerly RCW 75.28.323.]Notes:Intent -- Effective date -- 1996 c 267: See notes following RCW 77.12.177. RCW 77.65.330Wholesale fish dealers Performance bond Payment of liability.The director shall promptly notify by order a wholesale dealer and the appropriate surety when a violation of rules relating to the accounting of commercial harvest has occurred. The notification shall specify the type of violation, the liability to be imposed for damages caused by the violation, and a notice that the amount of liability is due and payable to the department by the wholesale fish dealer and the surety. If the amount specified in the order is not paid within thirty days after receipt of the notice, the prosecuting attorney for any county in which the persons to whom the order is directed do business, or the attorney general upon request of the department, may bring an action on behalf of the state in the superior court for Thurston county or any county in which the persons to whom the order is directed do business to recover the amount specified in the final order of the department. The surety shall be liable to the state to the extent of the bond.[1985 c 248 § 7. Formerly RCW 75.28.328.] RCW 77.65.340Fish buyer's license Fee.(1) A fish buyer's license is required of and shall be carried by each individual engaged by a wholesale fish dealer to purchase food fish or shellfish from a licensed commercial fisherman. A fish buyer may represent only one wholesale fish dealer. (2) The annual fee for a fish buyer's license is ninety-five dollars.[2000 c 107 § 50; 1993 sp.s. c 17 § 46; 1989 c 316 § 17; 1985 c 248 § 2. Formerly RCW 75.28.340.]Notes:Contingent effective date -- 1993 sp.s. c 17 §§ 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. RCW 77.65.350Salmon charter crew member Salmon roe license Sale of salmon roe Conditions.(1) A salmon roe license is required for a crew member on a boat designated on a salmon charter license to sell salmon roe as provided in subsection (2) of this section. An individual under sixteen years of age may hold a salmon roe license. (2) A crew member on a boat designated on a salmon charter license may sell salmon roe taken from fish caught for personal use, subject to rules of the department and the following conditions: (a) The salmon is taken by an angler fishing on the charter boat; (b) The roe is the property of the angler until the roe is given to the crew member. The crew member shall notify the charter boat's passengers of this fact; (c) The crew member sells the roe to a licensed wholesale dealer; and (d) The crew member is licensed as provided in subsection (1) of this section and has the license in possession whenever the crew member sells salmon roe.[1996 c 267 § 31; 1993 c 340 § 22; 1989 c 316 § 18; 1983 1st ex.s. c 46 § 137; 1981 c 227 § 2. Formerly RCW 75.28.690.]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. RCW 77.65.360License fee increases Disposition.All revenues generated from the license fee increases in chapter 316, Laws of 1989 shall be deposited in the general fund and shall be appropriated for the food fish and shellfish enhancement programs.[1989 c 316 § 20. Formerly RCW 75.28.700.] RCW 77.65.370Professional salmon guide license.(1) A person shall not offer or perform the services of a professional salmon guide in the taking of salmon 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 guide license. (2) Only an individual at least sixteen years of age may hold a professional salmon guide license. No individual may hold more than one professional salmon guide license.[1998 c 190 § 98; 1993 c 340 § 26; 1991 c 362 § 2. Formerly RCW 75.28.710.]Notes:Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010. RCW 77.65.380Ocean pink shrimp Defined.Unless the context clearly requires otherwise, as used in this chapter "ocean pink shrimp" means the species Pandalus jordani.[1993 c 376 § 2. Formerly RCW 75.28.720.]Notes:Findings -- 1993 c 376: "The legislature finds that the offshore Washington, Oregon, and California commercial ocean pink shrimp fishery is composed of a mobile fleet, fishing the entire coast from Washington to California and landing its catch in the state nearest the area being fished. The legislature further finds that the ocean pink shrimp fishery currently uses the entire available resource, and has the potential to become overcapitalized. The legislature further finds that overcapitalization can lead to economic destabilization, and that reductions in fishing opportunities from licensing restrictions imposed for conservation needs and the economic well-being of the ocean pink shrimp industry creates uncertainty. The legislature further finds that it is [in] the best interest of the ocean pink shrimp resource, commercial ocean pink shrimp fishers, and ocean pink shrimp processors in the state, to limit the number of fishers who make landings of ocean pink shrimp into the state of Washington to those persons who have historically and continuously participated in the ocean pink shrimp fishery." [1993 c 376 § 1.]Effective date -- 1993 c 376: "This act shall take effect January 1, 1994." [1993 c 376 § 12.] RCW 77.65.390Ocean pink shrimp Delivery license Fee.An ocean pink shrimp delivery license is required for a commercial fishing vessel to deliver ocean pink shrimp taken for commercial purposes in offshore waters and delivered to a 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 from state or offshore waters. The annual license fee is one hundred fifty dollars for residents and three hundred dollars for nonresidents. Ocean pink shrimp delivery licenses are transferable.[2005 c 20 § 5; 2000 c 107 § 51; 1993 c 376 § 4. Formerly RCW 75.28.730.]Notes:Findings -- Effective date -- 1993 c 376: See notes following RCW 77.65.380. RCW 77.65.400Emerging commercial fishery Trial or experimental fishery Licenses and permits.(1) The director may by rule designate a fishery as an emerging commercial fishery. The director shall include in the designation whether the fishery is one that requires a vessel. (2) "Emerging commercial fishery" means the commercial taking of a newly classified species of food fish or shellfish, the commercial taking of a classified species with gear not previously used for that species, or the commercial taking of a classified species in an area from which that species has not previously been commercially taken. Any species of food fish or shellfish commercially harvested in Washington state as of June 7, 1990, may be designated as a species in an emerging commercial fishery, except that no fishery subject to a license limitation program in chapter 77.70 RCW may be designated as an emerging commercial fishery. (3) A person shall not take food fish or shellfish in a fishery designated as an emerging commercial fishery without an emerging commercial fishery license and a permit from the director. The director shall issue two types of permits to accompany emerging commercial fishery licenses: Trial fishery permits and experimental fishery permits. Trial fishery permits are governed by subsection (4) of this section. Experimental fishery permits are governed by RCW 77.70.160. (4) The director shall issue trial fishery permits for a fishery designated as an emerging commercial fishery unless the director determines there is a need to limit the number of participants under RCW 77.70.160. A person who meets the qualifications of RCW 77.65.040 may hold a trial fishery permit. The holder of a trial fishery permit shall comply with the terms of the permit. Trial fishery permits are not transferable from the permit holder to any other person.[2000 c 107 § 52; 1998 c 190 § 99; 1993 c 340 § 18. Formerly RCW 75.28.740.]Notes:Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010. RCW 77.65.410Geoduck diver license.Every diver engaged in the commercial harvest of geoduck clams shall obtain a nontransferable geoduck diver license.[1993 c 340 § 24; 1990 c 163 § 6; 1989 c 316 § 13; 1983 1st ex.s. c 46 § 130; 1979 ex.s. c 141 § 4; 1969 ex.s. c 253 § 4. Formerly RCW 75.28.750, 75.28.287.]Notes:Finding, intent -- Captions not law -- Effective date -- Severability -- 1993 c 340: See notes following RCW 77.65.010.Construction -- Severability -- 1969 ex.s. c 253: See notes following RCW 77.60.070.Designation of aquatic lands for geoduck harvesting: RCW 79.135.220.Geoducks, harvesting for commercial purposes -- License: RCW 77.60.070. RCW 77.65.420Wild salmonid policy Establishment.By July 1, 1994, the commission jointly with the appropriate Indian tribes, shall each establish a wild salmonid policy. The policy shall ensure that department actions and programs are consistent with the goals of rebuilding wild stock populations to levels that permit commercial and recreational fishing opportunities.[2000 c 107 § 53; 1993 sp.s. c 4 § 2. Formerly RCW 75.28.760.]Notes:Findings -- Grazing lands -- 1993 sp.s. c 4: See RCW 79.13.600.Instream flows: RCW 90.22.060.Salmon, impact of water diversion: RCW 90.03.360. RCW 77.65.430Wild salmonid policy Management strategies and gear types.The director shall evaluate and recommend, in consultation with the Indian tribes, salmon fishery management strategies and gear types, as well as a schedule for implementation, that will minimize the impact of commercial and recreational fishing in the mixed stock fishery on critical and depressed wild stocks of salmonids. As part of this evaluation, the director, in conjunction with the commercial and recreational fishing industries, shall evaluate commercial and recreational salmon fishing gear types developed by these industries.[2000 c 107 § 54; 1998 c 245 § 153; 1994 c 264 § 46; 1993 sp.s. c 4 § 4. Formerly RCW 75.28.770.]Notes:Findings -- Grazing lands -- 1993 sp.s. c 4: See RCW 79.13.600. RCW 77.65.440Alternate operator Geoduck diver Salmon guide Fees.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 License | Annual Fee | Governing | | (RCW 77.95.090 Surcharge) | Section | | Resident | Nonresident | | (1) Alternate Operator | $ 35 | $ 35 | RCW 77.65.130 | (2) Geoduck Diver | $185 | $295 | RCW 77.65.410 | (3) Salmon Guide | $130 | $630 | RCW 77.65.370 | | (plus $20) | (plus $100) | |
[2000 c 107 § 55; 1993 sp.s. c 17 § 42. Formerly RCW 75.28.780.]Notes:Contingent effective date -- 1993 sp.s. c 17 §§ 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. RCW 77.65.450Trapper's license.A state trapping license allows the holder to trap fur-bearing animals throughout the state; however, a trapper may not place traps on private property without permission of the owner, lessee, or tenant where the land is improved and apparently used, or where the land is fenced or enclosed in a manner designed to exclude intruders or to indicate a property boundary line, or where notice is given by posting in a conspicuous manner. A state trapping license is void on April 1st following the date of issuance. The fee for this license is thirty-six dollars for residents sixteen years of age or older, fifteen dollars for residents under sixteen years of age, and one hundred eighty dollars for nonresidents.[1991 sp.s. c 7 § 3; 1987 c 372 § 3; 1985 c 464 § 4; 1981 c 310 § 23. Prior: 1980 c 78 § 113; 1980 c 24 § 2; 1975 1st ex.s. c 15 § 28. Formerly RCW 77.32.191.]Notes:Effective date -- 1991 sp.s. c 7: "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 shall take effect July 1, 1991." [1991 sp.s. c 7 § 14.]Effective date -- 1985 c 464: "This act is 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 July 1, 1985." [1985 c 464 § 13.]Effective dates -- Legislative intent -- 1981 c 310: See notes following RCW 77.12.170.Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010.Effective dates -- 1975 1st ex.s. c 15: "Section 19 of this 1975 amendatory act shall be effective April 1, 1976. Sections 20 through 32 of this 1975 amendatory act shall be effective January 1, 1976." [1975 1st ex.s. c 15 § 34.]Traps placed on private property: RCW 77.32.545, 77.15.191. RCW 77.65.460Trapper's license Training program or examination requisite for issuance to initial licensee.Persons purchasing a state trapping license for the first time shall present certification of completion of a course of instruction in safe, humane, and proper trapping techniques or pass an examination to establish that the applicant has the requisite knowledge. The director shall establish a program for training persons in trapping techniques and responsibilities, including the use of trapping devices designed to painlessly capture or instantly kill. The director shall cooperate with national and state animal, humane, hunter education, and trapping organizations in the development of a curriculum. Upon successful completion of the course, trainees shall receive a trapper's training certificate signed by an authorized instructor. This certificate is evidence of compliance with this section.[1987 c 506 § 82; 1981 c 310 § 24; 1980 c 78 § 114; 1977 c 43 § 1. Formerly RCW 77.32.197.]Notes:Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020.Effective dates -- Legislative intent -- 1981 c 310: See notes following RCW 77.12.170.Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. RCW 77.65.480Taxidermist, fur dealer, fishing guide, game farmer, anadromous game fish buyer Licenses Fish stocking and game contest permits.(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) 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) 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) 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 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.[1991 sp.s. c 7 § 4; 1987 c 506 § 83; 1985 c 464 § 5; 1983 c 284 § 3; 1981 c 310 § 25; 1980 c 78 § 115; 1975 1st ex.s. c 15 § 30. Formerly RCW 77.32.211.]Notes:Effective date -- 1991 sp.s. c 7: See note following RCW 77.65.450.Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020.Effective date -- 1985 c 464: See note following RCW 77.65.450.Findings -- Intent -- 1983 c 284: See note following RCW 82.27.020.Effective dates -- Legislative intent -- 1981 c 310: See notes following RCW 77.12.170.Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010.Effective dates -- 1975 1st ex.s. c 15: See note following RCW 77.65.450. RCW 77.65.500Reports required from persons with licenses or permits under RCW 77.65.480.Licensed taxidermists, fur dealers, anadromous game fish buyers, fishing guides, game farmers, and persons stocking game fish or conducting a hunting, fishing, or field trial contest shall make reports as required by rules of the director.[1987 c 506 § 84; 1983 c 284 § 4; 1981 c 310 § 26; 1980 c 78 § 116; 1955 c 36 § 77.32.220. Prior: 1947 c 275 § 111; Rem. Supp. 1947 § 5992-120. Formerly RCW 77.32.220.]Notes:Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020.Findings -- Intent -- 1983 c 284: See note following RCW 82.27.020.Effective dates -- Legislative intent -- 1981 c 310: See notes following RCW 77.12.170.Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010. RCW 77.65.900Effective date 1989 c 316.This act shall take effect on January 1, 1990. The *director of fisheries may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.[1989 c 316 § 22. Formerly RCW 75.28.900.]Notes:*Reviser's note: Powers, duties, and functions of the department of fisheries and the department of wildlife were transferred to the department of fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
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