[atlas:bill]

AN ACT Relating to derelict fishing gear; amending RCW 77.15.170; adding new sections to chapter 77.12 RCW; adding a new section to chapter 77.55 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that fishing gear that is lost or abandoned may continue to catch marine organisms long after the gear is lost. The purpose of this act is to develop safe, effective methods to remove derelict fishing gear, eliminate regulatory barriers to gear removal, and discourage future losses of fishing gear.

NEW SECTION. Sec. 2. A new section is added to chapter 77.12 RCW to read as follows:

(1) The department, in partnership with the Northwest straits commission, the department of natural resources, and other interested parties, must publish guidelines for the safe removal and disposal of derelict fishing gear. The guidelines must be completed by August 31, 2002, and made available to any person interested in derelict fishing gear removal.

(2) Derelict fishing gear removal conducted in accordance with the guidelines prepared in subsection (1) of this section is not subject to permitting under RCW 77.55.100.

NEW SECTION. Sec. 3. A new section is added to chapter 77.12 RCW to read as follows:

(1) The department, in consultation with the Northwest straits commission, the department of natural resources, and other interested parties, must create and maintain a data base of known derelict fishing gear, including the type of gear and its location.

(2) A person who loses or abandons commercial fishing gear within the waters of the state must report the location of the loss and the type of gear lost to the department within forty-eight hours of the loss.

(3) The department, in consultation with fishing industry groups and tribal comanagers, must evaluate methods to reduce future losses of fishing gear and report the results of this evaluation to the appropriate legislative committees by January 1, 2003.

Sec. 4. RCW 77.15.170 and 1999 c 258 s 5 are each amended to read as follows:

(1) A person is guilty of waste of fish and wildlife in the second degree if:

(a)(i) The person kills, takes, or possesses fish, shellfish, or wildlife and the value of the fish, shellfish, or wildlife is greater than twenty dollars but less than two hundred fifty dollars; and ((~~(b)~~)) (ii) the person recklessly allows such fish, shellfish, or wildlife to be wasted; or

(b) The person loses or abandons commercial fishing gear or nets, and does not notify the department of the loss as required under section 3(2) of this act.

(2) A person is guilty of waste of fish and wildlife in the first degree if:

(a) The person kills, takes, or possesses fish, shellfish, or wildlife having a value of two hundred fifty dollars or more or wildlife classified as big game; and

(b) The person recklessly allows such fish, shellfish, or wildlife to be wasted.

(3)(a) Waste of fish and wildlife in the second degree is a misdemeanor.

(b) Waste of fish and wildlife in the first degree is a gross misdemeanor. Upon conviction, the department shall revoke any license or tag used in the crime and shall order suspension of the person's privileges to engage in the activity in which the person committed waste of fish and wildlife in the first degree for a period of one year.

(4) It is prima facie evidence of waste if a processor purchases or engages a quantity of food fish, shellfish, or game fish that cannot be processed within sixty hours after the food fish, game fish, or shellfish are taken from the water, unless the food fish, game fish, or shellfish are preserved in good marketable condition.

NEW SECTION. Sec. 5. A new section is added to chapter 77.55 RCW to read as follows:

The removal of derelict fishing gear does not require written approval under this chapter if the gear is removed according to the guidelines described in section 2 of this act.