HOUSE BILL REPORT

SB 6335

BYSenators Metcalf, Sutherland, Smith and Kreidler

Making it unlawful to operate certain commercial vessels in a negligent manner.

House Committe on Fisheries & Wildlife

Majority Report:  Do pass.  (11)

      Signed by Representatives K. King, Chair; Morris, Vice Chair; S. Wilson, Ranking Republican Member; Basich, Bowman, Brooks, Cole, Haugen, Smith, Spanel and Vekich.

House Staff:Robert Butts (786-7841)

AS PASSED HOUSE MARCH 1, 1990

BACKGROUND:

In 1985, the Legislature adopted legislation aimed at reducing accidents associated with the negligent operation of watercraft.  The legislation made it unlawful to operate watercraft in a manner that would endanger persons or property, and specified penalties for operating watercraft while under the influence of alcohol or drugs.

At the time, it was assumed by some that the U.S. Coast Guard had exclusive jurisdiction over documented commercial vessels operating in navigable waters of the state.  This assumption has proven to be incorrect:  the State of Washington has concurrent jurisdiction with the U.S. Coast Guard with respect to these vessels.

The U.S. Coast Guard requires that commercial vessels operating out of U.S. ports to be documented if the vessel exceeds five net tons.  A vessel 25 to 30 feet in length weighs approximately five net tons.

SUMMARY:

A provision is removed that currently exempts documented commercial marine vessels from provisions of the state's negligent vessel operation statute.  The Washington negligent vessel operation statute will apply to all vessels.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Jim Tuggle, Fisheries Patrol Sergeants' Association;  Scott Sigmon, WA Federation of State Employees; and Sergeant Dayna Matthews, WA Department of Fisheries.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    The bill will allow officers to apprehend commercial vessel operators who are operating vessels in a negligent manner (e.g. creating a large wake or running over gillnets). The public expects action in these cases, but the current law precludes law enforcement personnel from taking action.

House Committee - Testimony Against:      None.