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#931256 - 06/02/15 07:38 PM J F C.... GDITMMM!
eyeFISH Offline
Ornamental Rice Bowl

Registered: 11/24/03
Posts: 12766
_________________________
"Let every angler who loves to fish think what it would mean to him to find the fish were gone." (Zane Grey)

"If you don't kill them, they will spawn." (Carcassman)


The Keen Eye MD
Long Live the Kings!

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#931259 - 06/02/15 07:49 PM Re: J F C.... GDITMMM! [Re: eyeFISH]
Chuck E Offline
Three Time Spawner

Registered: 09/07/05
Posts: 1852
Loc: Kitsap Peninsula
12 years & they haven't figured out how to implement the law? They aren't trying.
_________________________
"I didn't care what she didn't 'low--I would boogie-woogie anyhow" John Lee Hooker

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#931264 - 06/02/15 08:09 PM Re: J F C.... GDITMMM! [Re: eyeFISH]
eyeFISH Offline
Ornamental Rice Bowl

Registered: 11/24/03
Posts: 12766
J F C...

“We were just unable to figure out a feasible way to do it,” said Mike Cenci, deputy chief of enforcement and head of the marine division for the WDFW. “I’ve known a lot of commercial fishermen. The last thing they want to do is sit in judgment on their peers, especially during fishing season.”

Members were chosen at a work group shortly after the statute passed, but 12 years later it has never materialized nor acted on a license suspension.
_________________________
"Let every angler who loves to fish think what it would mean to him to find the fish were gone." (Zane Grey)

"If you don't kill them, they will spawn." (Carcassman)


The Keen Eye MD
Long Live the Kings!

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#931266 - 06/02/15 08:25 PM Re: J F C.... GDITMMM! [Re: eyeFISH]
bk paige Offline
Juvenile at Sea

Registered: 12/22/14
Posts: 121
Loc: On the Sky
No big surprise there!!
_________________________
Wishin I was fishin the Sauk!!!
Catch and Release is not a crime!!!!

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#931271 - 06/02/15 08:54 PM Re: J F C.... GDITMMM! [Re: eyeFISH]
SBD Offline
clown flocker

Registered: 10/19/09
Posts: 3743
Loc: Water
Poorly written article
_________________________


There's a sucker born every minute



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#931275 - 06/02/15 09:38 PM Re: J F C.... GDITMMM! [Re: eyeFISH]
Carcassman Online   content
River Nutrients

Registered: 11/21/07
Posts: 7413
Loc: Olema,California,Planet Earth
This really much different from most WDFW sponsored Public Participation Efforts? They met the legislative intent, they kept the commercials in business. Isn't that what the Coastal Caucus wants?

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#931281 - 06/03/15 06:42 AM Re: J F C.... GDITMMM! [Re: eyeFISH]
WDFW X 1 = 0 Offline
My Area code makes me cooler than you

Registered: 01/27/15
Posts: 4549
WDFW is in the business of collecting pensions.

They suck balls.

At least Bruce Jenner acknowledged it and made a change.

WDFW leadership will never change.

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#931283 - 06/03/15 07:14 AM Re: J F C.... GDITMMM! [Re: eyeFISH]
bushbear Offline
River Nutrients

Registered: 08/26/02
Posts: 4709
Loc: Sequim
Pasted below are the 2 sections of the RCW that pertain to the issue brought up in the article.

The first thing that has to happen is getting 2 convictions within a 3 year period and under the current problems the state is having within the court system, it might be a challenge to meet that timeline. It is a little easier for the state to handle recreational suspensions since there is a 10 year timeline for convictions.

If the commercial violator does get the 2 convictions, for the listed violations, it is up to the Director to issue the suspension. I'm not sure Director Unsworth is aware of the statute. Phil Anderson surely was aware of his options and if not, then staff should have made him aware of his authority.

If the suspension is ordered, the violator has 31 days to appeal and take the appeal to the commercial license suspension review committee.

It's time for the state to take a serious look at how license suspensions are handled.



RCW 77.15.552
Qualifying commercial fishing violations.


(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 violations 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, if the person who is the subject of the suspension notice is the person who owns the commercial fishery license.

(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, other than shellfish, groundfish, or coastal pelagic species of baitfish totals greater than six percent, by weight, of the harvest available for inspection at the time of citation and the cumulative value of the unlawfully harvested fish is more than two hundred fifty dollars at the time of citation;

(c) A gross misdemeanor or felony involving commercial groundfish or coastal pelagic baitfish harvest, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued under this title, if: (i) The quantity of unlawfully harvested, possessed, bought, or sold groundfish or coastal pelagic baitfish totals greater than ten percent, by weight, of the harvest available for inspection at the time of citation and has a cumulative value greater than five hundred dollars; or (ii) the quantity, by weight, of the unlawfully commercially harvested groundfish or coastal pelagic baitfish is ten percent greater than the landing allowances provided under rules adopted by the department for species categorized as over-fished by the national marine fisheries service; or

(d) 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 RCW 77.15.554. 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 delivered an opinion. 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 decision pursuant to RCW 77.15.554, 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.

[2003 c 386 § 3.]

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




Here's the statute for the license suspension review committee. Seems pretty straightforward.


RCW 77.15.554
License suspension review committee.


(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 RCW 77.15.552.

(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 deliver an opinion on a license renewal suspension within three months of appeal or of referral from the department. The director shall consider the committee's opinion and make a decision and may issue, not issue, or modify the license suspension.

(4) The license suspension review committee shall collect the information and hear the testimony that it feels necessary to deliver an opinion on the proper length, if any, of a suspension of a commercial license. The opinion 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 opinions of the license suspension review committee must be 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) 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.

(7) Staff of the license suspension review committee must be provided by the department.

[2003 c 386 § 4.]

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

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#931289 - 06/03/15 08:31 AM Re: J F C.... GDITMMM! [Re: eyeFISH]
Bay wolf Offline
Repeat Spawner

Registered: 10/26/12
Posts: 1075
Loc: Graham, WA
"Revoking a commercial fishing license is a tricky political issue. Commercial boats in Oregon and Washington reeled in more than $550 million worth of fish in 2013. Many fishermen have hundreds of thousands of dollars invested in the industry — revoking a license could mean taking away someone’s livelihood."

Translation: The commercial fishermen are protected by their political cronies. WDFW will continue to use public funds to supplement a commercial fishery, even if it is over fished for a profit!

It just isn't right to stop a commercial fishermen from making a livelihood from poaching. After all, he's invested so much, he should be able to poach!

THE GD STATE AND THIER FAILURE TO EVEN STOP POACHING ON A COMMERCIAL SCALE IS SICKENING.


Edited by Bay wolf (06/03/15 08:32 AM)
_________________________
"Forgiveness is between them and God. My job is to arrange the meeting."

1Sgt U.S. Army (Ret)

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#931290 - 06/03/15 08:38 AM Re: J F C.... GDITMMM! [Re: bushbear]
DrifterWA Offline
River Nutrients

Registered: 04/25/00
Posts: 5074
Loc: East of Aberdeen, West of Mont...
[quote=bushbear]
The first thing that has to happen is getting 2 convictions within a 3 year period and under the current problems the state is having within the court system, it might be a challenge to meet that timeline. It is a little easier for the state to handle recreational suspensions since there is a 10 year timeline for convictions of a harvest that is comprised of unlawfully harvested, bought, or sold individual fish or shellfish.


(quote]

Scales of Justice, tipped in favor of the commercial sector......seems like if a change is needed, change the 3 year period to the same as sports.....10 year.
_________________________
"Worse day sport fishing, still better than the best day working"

"I thought growing older, would take longer"

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#931300 - 06/03/15 10:44 AM Re: J F C.... GDITMMM! [Re: eyeFISH]
Salmo g. Offline
River Nutrients

Registered: 03/08/99
Posts: 13521
Carcassman captures a key point in that the Legislature keeps the commercial fisherman, i.e., specifically the criminally convicted one, in business. Birds of a feather and all that; criminals in the Legislature protecting their criminal friends in the fishing industry. - - How perfect is that?

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#931308 - 06/03/15 12:03 PM Re: J F C.... GDITMMM! [Re: eyeFISH]
bushbear Offline
River Nutrients

Registered: 08/26/02
Posts: 4709
Loc: Sequim
Here's the RCW for revocation of a recreational licensee convicted of or who fails to take care of a ticket. Of note in this section of the RCW are the legislative findings from 2003 when the commercial "committee" was to be established.


RCW 77.15.700
Grounds for department revocation and suspension of recreational license — Appeal.


(1) The department shall revoke a person's recreational license or licenses and suspend a person's recreational license privileges in the following circumstances:

(a) Upon conviction, if directed by statute for an offense.

(b) Upon conviction, failure to appear at a hearing to contest an infraction or criminal charge, or an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, if the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife. Suspension of privileges under this subsection may be permanent.

(c) If a person is convicted, fails to appear at a hearing to contest an infraction or criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, twice within ten years for a violation involving unlawful hunting, killing, or possessing big game. Revocation and suspension under this subsection must be ordered for all hunting privileges for two years.

(d) If a person violates, three times or more in a ten-year period, recreational hunting or fishing laws or rules for which the person: (i) Is convicted of an offense; (ii) has an unvacated payment of a fine or a finding of committed as a final disposition for any infraction; or (iii) fails to appear at a hearing to contest an infraction or a criminal citation. Revocation and suspension under this subsection must be ordered of all recreational hunting and fishing privileges for two years.

(2)(a) A violation punishable as an infraction counts towards the revocation and suspension of recreational hunting and fishing privileges under this section if that violation is:

(i) Punishable as a crime on July 24, 2005, and is subsequently decriminalized; or

(ii) One of the following violations, as they exist on July 24, 2005: RCW 77.15.160; WAC 220-56-116; WAC 220-56-315(11); or WAC 220-56-355 (1) through (4).

(b) The commission may, by rule, designate infractions that do not count towards the revocation and suspension of recreational hunting and fishing privileges.

(3) If either the deferred education licensee or the required nondeferred accompanying person, hunting under the authority of RCW 77.32.155(2), is convicted of a violation of this title, fails to appear at a hearing to contest a fish and wildlife infraction or a criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any fish and wildlife infraction, except for a violation of RCW 77.15.400 (1) through (4), the department may revoke all hunting licenses and tags and may order a suspension of either or both the deferred education licensee's and the nondeferred accompanying person's hunting privileges for one year.

(4) A person who has a recreational license revoked and privileges suspended under this section may file an appeal with the department pursuant to chapter 34.05 RCW. An appeal must be filed within twenty days of notice of license revocation and privilege suspension. If an appeal is filed, the revocation and suspension issued by the department do not take effect until twenty-one days after the department has delivered an opinion. If no appeal is filed within twenty days of notice of license revocation and suspension, the right to an appeal is waived, and the revocation and suspension take effect twenty-one days following the notice of revocation and suspension.

(5) A recreational license revoked and privilege suspended under this section is in addition to the statutory penalties assigned to the underlying violation.

[2012 c 176 § 35; 2009 c 333 § 2; 2007 c 163 § 2; 2005 c 321 § 1; 2003 c 386 § 2; 2001 c 253 § 46; 1998 c 190 § 66.]

Notes:
Findings -- Intent -- 2003 c 386: "(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 license suspensions to issue only 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." [2003 c 386 § 1.]

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#931310 - 06/03/15 12:41 PM Re: J F C.... GDITMMM! [Re: eyeFISH]
TanTastic84 Offline
Juvenile at Sea

Registered: 10/21/11
Posts: 182
Loc: Seattle, WA
It's really troubling to see how much non sense political bribery has caused.
"Well....the commercial guys ARE breaking the law. But they bring in money.....And we can't take away their livelihood......" What about all the people sitting in prison / unable to get a decent job for selling a joint! What a crock of [Bleeeeep!].


Our ocean and river resources are SCREWED.

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