ESHB 1516 -
By Committee on Natural Resources, Ocean & Recreation
ADOPTED AS AMENDED 04/16/2009
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 77.70 RCW
to read as follows:
(1)(a) As part of a coastal commercial Dungeness crab pot removal
program, the department shall issue a crab pot removal permit that
allows the participants in the Dungeness crab-coastal fishery created
in RCW 77.70.280 to remove crab pots belonging to state commercial
licensed crab fisheries from coastal marine waters after the close of
the primary commercial Dungeness crab-coastal harvest season,
regardless of whether the crab pot was originally set by the
participant or not. Nothing in this section prohibits the department
from exempting certain crab pots from the coastal commercial Dungeness
crab pot removal program or from restricting crab pot removal
activities to specific geographic areas.
(b) The director may adopt rules to provide for a permit system
that allows for the lawful and orderly removal of lost or abandoned
crab pots. In cooperation with individuals with a current commercial
Dungeness crab-coastal license, the department may consider expansion
of the coastal commercial Dungeness crab pot removal program to times
within the primary season as defined by the terms of a valid permit.
(c) Beginning fifteen days after the close of the primary
commercial Dungeness crab-coastal harvest season, any individual with
a current commercial Dungeness crab-coastal license and a valid crab
pot removal permit issued by the department may remove a crab pot or
crab pots used to harvest Dungeness crabs remaining in coastal marine
waters after the close of the primary commercial Dungeness crab-coastal
harvest season.
(2) An individual participating in permitted crab pot removal
activities in coastal marine waters who has a valid crab pot removal
permit, and who adheres to the provisions of the permit as they relate
to crab pot removal, is exempt from complying with the lost and found
property provisions in chapter 63.21 RCW. The individual who removes
the crab pot under a valid crab pot removal permit takes the property
free and clear of all claims of the owner or previous holder and free
and clear of all individuals claiming ownership under the previous
owner.
(3)(a) A person is guilty of unlawful use of a crab pot removal
permit if the person:
(i) Violates any terms or conditions of the permit issued under
this section; or
(ii) Violates any rule of the department applicable to the
requirement for, issuance of, or use of the permit.
(b) Unlawful use of a crab pot removal permit is a misdemeanor.
Sec. 2 RCW 63.21.080 and 1994 c 51 s 6 are each amended to read
as follows:
This chapter shall not apply to:
(1) Motor vehicles under chapter 46.52 RCW;
(2) Unclaimed property in the hands of a bailee under chapter 63.24
RCW;
(3) Uniform disposition of unclaimed property under chapter 63.29
RCW; ((and))
(4) Secured vessels under chapter ((88.27)) 79A.65 RCW; and
(5) Crab pots in coastal marine waters under section 1 of this
act."
ESHB 1516 -
By Committee on Natural Resources, Ocean & Recreation
ADOPTED AS AMENDED 04/16/2009
On page 1, line 2 of the title, after "fisheries;" strike the remainder of the title and insert "amending RCW 63.21.080; adding a new section to chapter 77.70 RCW; and prescribing penalties."