Wash. Rev. Code § 77.65.020

Current through 2024

Section 77.65.020 - Transfer 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. This may not be deemed to prohibit the granting or enforcement of a security interest in any such license.

(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 license renewal fee if the license is not limited under chapter 77.70 RCW;

(ii) Three and one-half times the 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; or

(iv) Five hundred dollars if the license is a Dungeness crab-coastal fishery license.

(d) In addition to the fees under (c) of this subsection, an application fee of one hundred five dollars applies to all commercial license transfers.

(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, intestacy, and enforcement of security interests pursuant to Title 62A RCW. Such licenses are subject to state laws governing wills, trusts, estates, intestate succession, and community property, except that such licenses are exempt from 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.

(4) Transfer of a license under this section is subject to the approval of the department according to any rules the department may adopt. Any transfer of a license issued under this chapter without the written consent of each person holding a security interest in the license is void.

RCW 77.65.020

Amended by 2019 c 200,§ 2, eff. 7/28/2019.

Amended by 2017SP3 c 8,§ 17, eff. 1/1/2018.

Amended by 2011 c 339,§ 15, eff. 9/1/2011.

2000 c 107 § 28; 1997 c 418 § 1; 1995 c 228 § 1; 1993 sp.s. c 17 § 34. Formerly RCW 75.28.011.

Finding-Intent-Effective date-2017 3rd sp.s. c 8: See notes following RCW 77.08.010.

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

Contingent effective date-1993 sp.s. c 17 ss 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 s 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.