(1) A herring spawn on kelp fishery license is required to commercially take herring eggs which have been deposited on vegetation of any type.
(2) A herring spawn on kelp fishery license may be issued only to a person who:
(a) Holds a herring fishery license issued under RCW 77.65.200 and 77.70.120; and
(b) Is the highest bidder in an auction conducted under subsection (3) of this section.
(3) The department shall sell herring spawn on kelp commercial fishery licenses at auction to the highest bidder. Bidders shall identify their sources of kelp. Kelp harvested from state-owned aquatic lands as defined in *RCW 79.90.465 requires the written consent of the department of natural resources. The department shall give all holders of herring fishery licenses thirty days' notice of the auction.