READ FIRST TIME 02/20/09.   

     AN ACT Relating to recovering gear used in the coastal Dungeness crab fisheries; amending RCW 63.21.080; and adding a new section to chapter 77.70 RCW.

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

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 outside of 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 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.

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.