79.100.005  <<  79.100.010 >>   79.100.020

RCW 79.100.010


     *** CHANGE IN 2014 *** (SEE 2457-S2.SL) ***

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

     (1) "Abandoned vessel" means a vessel that has been left, moored, or anchored in the same area without the express consent, or contrary to the rules of, the owner, manager, or lessee of the aquatic lands below or on which the vessel is located for either a period of more than thirty consecutive days or for more than a total of ninety days in any three hundred sixty-five-day period, and the vessel's owner is: (a) Not known or cannot be located; or (b) known and located but is unwilling to take control of the vessel. For the purposes of this subsection (1) only, "in the same area" means within a radius of five miles of any location where the vessel was previously moored or anchored on aquatic lands.

     (2) "Aquatic lands" means all tidelands, shorelands, harbor areas, and the beds of navigable waters, including lands owned by the state and lands owned by other public or private entities.

     (3) "Authorized public entity" includes any of the following: The department of natural resources; the department of fish and wildlife; the parks and recreation commission; a metropolitan park district; a port district; and any city, town, or county with ownership, management, or jurisdiction over the aquatic lands where an abandoned or derelict vessel is located.

     (4) "Department" means the department of natural resources.

     (5) "Derelict vessel" means the vessel's owner is known and can be located, and exerts control of a vessel that:

     (a) Has been moored, anchored, or otherwise left in the waters of the state or on public property contrary to RCW 79.02.300 or rules adopted by an authorized public entity;

     (b) Has been left on private property without authorization of the owner; or

     (c) Has been left for a period of seven consecutive days, and:

     (i) Is sunk or in danger of sinking;

     (ii) Is obstructing a waterway; or

     (iii) Is endangering life or property.

     (6) "Owner" means any natural person, firm, partnership, corporation, association, government entity, or organization that has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

     (7) "Vessel" means every species of watercraft or other mobile artificial contrivance, powered or unpowered, intended to be used for transporting people or goods on water or for floating marine construction or repair and which does not exceed two hundred feet in length. "Vessel" includes any trailer used for the transportation of watercraft, or any attached floats or debris.

[2007 c 342 § 1; 2006 c 153 § 2; 2002 c 286 § 2.]