(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, coastal spot shrimp, 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, and an additional thirty-five dollar surcharge for both residents and nonresidents to be deposited in the rockfish research account created in RCW 77.12.702. The application fee for a nonlimited entry delivery license is one hundred five dollars.

     (2) Holders of the following licenses may deliver food fish or shellfish taken in offshore waters without a nonlimited entry delivery license: 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, Washington coastal spot shrimp pot fishery licenses issued under chapter 77.70 RCW; and emerging commercial fishery licenses issued under RCW 77.65.220.

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

[2011 c 339 § 23; 2011 c 147 § 3; 2007 c 442 § 4; 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 Prior: 1993 sp.s. c 17 § 39; 1993 c 376 § 3; (1993 c 340 § 16 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 7; 1983 1st ex.s. c 46 § 119; 1971 ex.s. c 283 § 5; 1965 ex.s. c 73 § 1; 1959 c 309 § 5.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:

     Reviser's note: This section was amended by 2011 c 147 § 3 and by 2011 c 339 § 23, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

     Effective date -- 2011 c 339: See note following RCW 43.84.092.

     Findings -- Intent -- Effective date -- 2007 c 442: See notes following RCW 77.12.702.

     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.