SB 5330 — Regarding commercial whale watching licenses.

S-0531.1ENGROSSED SENATE BILL 5330 State of Washington 67th Legislature 2021 Regular Session By Senators Van De Wege, Salomon, Warnick, and Wilson, C.

and amending RCW 77.65.615.77.65.615;

and declaring an emergency.

(1) A commercial whale watching business license is required for commercial whale watching operators((operators)) viewingbusinesses. southern resident orca whales.

The annual fee for a commercial whale watching business license is two hundred dollars in addition to the annual application fee of seventy-five dollars.

(2) The annual fees for a commercial whale watching business license as described in subsection (1) of this section must include fees for each motorized or sailing vessel or vessels as follows:

1 SBESB 5330 (e) One hundred fifty-one passengers or greater, two thousand dollars.

(3) The((The annual fees for a commercial whale watching license as described in subsection (1) of this section must include fees for each kayak as follows:

(4)(4))) The holder of a commercial whale watching business license for motorized or sailing vessels required under subsection (2) of this section may substitute the vessel designated on the license, or designate a vessel if none has previously been designated, if the license holder:

(5)(((5))) (4) Unless the business license holder owns all vessels identified on the application described in subsection (4)(b)(((4))) (3)(b) of this section, the department may not change the vessel designation on the license more than once per calendar year.

(6)(((6))) (5) A personcommercial whowhale iswatching notoperator the license holderis mayrequired operatefor a motorized or sailing commercial whale watching vesseloperators. designated on the license only if:

(a)A The person holds((who anis alternatenot operatorthe license issuedholder)) bymay theoperate director;a motorized or sailing commercial whale watching vessel designated on ((the)) a commercial whale watching business license only if:

and(a) (b) The person isholds designated((an asalternate)) ana alternatecommercial operatorwhale onwatching theoperator underlyinglicense commercialissued whaleby watchingthe license.director;

(7)and No(b) individualThe mayperson holdis moredesignated thanas onean alternate((alternate)) operator on the underlying commercial whale watching business license.

An(((7))) individual(6) whoNo holdsindividual an alternate operator license may behold designatedmore asthan anone alternate((alternate)) operator on an unlimited number of commercial whale watching licenses.operator license.

(8)An Theindividual annualwho feeholds for an alternate((alternate)) operator license ismay twobe hundreddesignated dollarsas inan addition((alternate)) tooperator on an annualunlimited applicationnumber fee of seventy-commercial fivewhale dollars.watching business licenses.

2 SBESB 5330 (9)(((8))) (7) The definitionsannual infee thisfor subsection((an applyalternate)) throughouta thiscommercial sectionwhale unlesswatching theoperator contextlicense clearlyis requires((two)) otherwise.one hundred dollars in addition to an annual application fee of seventy-five dollars.

(a)(((9))) "Commercial(8) whaleA watching"person meansmay theconduct actcommercial ofwhale taking,watching orvia offeringguided tokayak take,tours passengersonly aboardif: a vessel in order to view ((marine mammals)) southern resident orca whales in their natural habitat for a fee.

Commercial(a) whaleThe watchingperson doesholds not mean the act of taking, or offering to take, passengers aboard a vesselkayak inguide orderlicense toissued viewby otherthe marinedirector; mammals.

and (b) "CommercialThe whaleperson watchingis operators"designated includesas commerciala vessels and kayak rentalsguide thaton are engaged in the businessunderlying ofcommercial southernwhale residentwatching orcabusiness whalelicense. watching.

(c)(9) "CommercialNo whaleindividual watchingmay vessel"hold meansmore anythan vesselone thatkayak isguide beinglicense. used as a means of transportation for individuals to engage in commercial southern resident orca whale watching.

An individual who holds a kayak guide license may be designated on an unlimited number of commercial whale watching business licenses.

(10) The annual fee for a kayak guide license is $25 in addition to an annual application fee of $25.

(11) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Commercial whale watching" means the act of taking, or offering to take, passengers aboard a vessel or guided kayak tour in order to view marine mammals in their natural habitat for a fee.

(b) (("Commercial whale watching operators" includes commercial vessels and kayak rentals that are engaged in the business of whale watching.

(c))) "Commercial whale watching business" means a business that engages in the activity of commercial whale watching.

(c) "Commercial whale watching business license" means a department-issued license to operate a commercial whale watching business.

(d) "Commercial whale watching license" means a commercial whale watching business license, a commercial whale watching operator license, or a kayak guide license as defined in this section.

(e) "Commercial whale watching operator" means a person who operates a motorized or sailing vessel engaged in the business of whale watching.

(f) "Commercial whale watching operator license" means a department-issued license to operate a commercial motorized or sailing vessel on behalf of a commercial whale watching business.

(g) "Commercial whale watching vessel" means any vessel that is being used as a means of transportation for individuals to engage in commercial whale watching.

p.

3 ESB 5330 (h) "Kayak guide" means a person who conducts guided kayak tours on behalf of a commercial whale watching business.

(i) "Kayak guide license" means a department-issued license to conduct commercial guided kayak tours on behalf of a commercial whale watching business.

(12) The residency and business requirements of RCW 77.65.040 (2) and (3) do not apply to Canadian individuals or corporations applying for and holding Washington commercial whale watching licenses defined in this section.

(13) The license and application fees in this section are waived for calendar years 2021 and 2022.

NEW SECTION.

Sec.

2.